Section 1307. Special powers of the authority  


Latest version.
  • In order to effectuate the
      purposes of this title: 1. The authority may acquire, by purchase, gift,
      grant, transfer, contract or lease, or condemnation, any  transportation
      facility,  including  port  or  related  facilities  wholly or partially
      within the Capital District transportation district or any part thereof,
      or the use thereof, and may enter into any joint service arrangements as
      hereinafter provided. Any such acquisition or joint service  arrangement
      shall  be authorized only by resolution of the authority approved by not
      less than a majority of the whole number of  members  of  the  authority
      then in office.
        2. The authority may on such terms and conditions as the authority may
      determine   necessary,   convenient   or   desirable  itself  establish,
      construct, effectuate, operate, maintain, renovate, improve,  extend  or
      repair  any  such  transportation  facility,  or  may  provide  for such
      establishment,  construction,  effectuation,   operation,   maintenance,
      renovation,  improvement,  extension  or  repair  by contract, lease, or
      other arrangement on such terms as the  authority  may  deem  necessary,
      convenient  or  desirable  with any person, including but not limited to
      any common carrier or freight forwarder, the state,  any  state  agency,
      the  federal  government,  any  other state or agency or instrumentality
      thereof, any public  authority  of  this  or  any  other  state  or  any
      political  subdivision  or municipality of the state. In connection with
      the operation of any such transportation  facility,  the  authority  may
      establish,  construct, effectuate, operate, maintain, renovate, improve,
      extend or repair or may provide by contract, lease or other  arrangement
      for    the   establishment,   construction,   effectuation,   operation,
      maintenance, renovation, improvement, extension or repair of any related
      services and activities it deems  necessary,  convenient  or  desirable,
      including  but  not limited to the transportation and storage of freight
      and the  United  States  mail,  feeder  and  connecting  transportation,
      parking  areas,  transportation  centers,  port,  stations  and  related
      facilities.
        3. The authority may establish,  levy  and  collect  or  cause  to  be
      established,  levied  and  collected and, in the case of a joint service
      arrangement, join with others in the establishment, levy and  collection
      of  such  fares, tolls, rentals, rates, charges and other fees as it may
      deem necessary, convenient or desirable for the use and operation of any
      transportation facility and related services operated by  the  authority
      or by a subsidiary corporation of the authority or under contract, lease
      or  other  arrangement,  including  joint service arrangements, with the
      authority. Any such fares, tolls, rentals, rates, charges or other  fees
      for  the  transportation  of passengers shall be established and changed
      only if approved by resolution of the authority adopted by not less than
      a majority of the whole number of  members  of  the  authority  then  in
      office  and  only  after a public hearing, provided however, that fares,
      tolls, rentals, rates, charges or other fees for the  transportation  of
      passengers  on  any  transportation  facility which are in effect at the
      time that the then owner  of  such  transportation  facility  becomes  a
      subsidiary corporation of the authority or at the time that operation of
      such  transportation  facility  is  commenced  by  the  authority  or is
      commenced under contract, lease or  other  arrangement  including  joint
      service  arrangements,  with  the  authority  may be continued in effect
      without such a hearing.  Such fares, tolls, rentals, rates, charges  and
      other  fees shall be established as may in the judgment of the authority
      be necessary to maintain the combined operations of  the  authority  and
      its  subsidiary  corporations  on  a  self-sustaining  basis.  The  said
      operations shall be deemed to be on a self-sustaining basis as  required
      by  this  title,  when  the authority is able to pay or cause to be paid
    
      from revenue or any other funds or property actually  available  to  the
      authority  and  its subsidiary corporations (a) as the same shall become
      due, the principal of and interest on the  bonds  and  notes  and  other
      obligations  of  the  authority  and  of  such  subsidiary corporations,
      together with the maintenance of proper reserves therefor, (b) the  cost
      and  expense  of  keeping the properties and assets of the authority and
      its subsidiary corporations in good condition and repair,  and  (c)  the
      capital  and  operating  expenses  of  the  authority and its subsidiary
      corporations.  The authority may contract with the holders of bonds  and
      notes  with  respect  to  the  exercise of the powers authorized by this
      section.
        4. The authority may establish and,  in  the  case  of  joint  service
      arrangements,  join  with  others in the establishment of such schedules
      and standards  of  operations  and  such  other  rules  and  regulations
      including but not limited to rules and regulations governing the conduct
      and  safety  of  the  public  as  it  may  deem necessary, convenient or
      desirable for the use and operation of any transportation  facility  and
      related  services  operated by the authority or under contract, lease or
      other  arrangement,  including  joint  service  arrangements,  with  the
      authority.  Such  rules and regulations governing the conduct and safety
      of the public shall be filed with the department of state in the  manner
      provided by section one hundred two of the executive law. In the case of
      any  conflict  between  any  such  rule  or  regulation of the authority
      governing the conduct or  safety  of  the  public  and  any  local  law,
      ordinance,  rule or regulation, such rule or regulation of the authority
      shall prevail. Violation of any such rule or regulation of the authority
      governing the conduct or the  safety  of  the  public  in  or  upon  any
      facility  of  the  authority  shall  constitute  an offense and shall be
      punishable by fine not exceeding fifty dollars or imprisonment  for  not
      more than thirty days or both.
        5.  The authority may acquire, hold, own, lease, establish, construct,
      effectuate, operate, maintain, renovate, improve, extend or  repair  any
      of  its  facilities  through,  and  cause any one or more of its powers,
      duties, functions or activities to be exercised or performed by, one  or
      more  wholly  owned  subsidiary  corporations  of  the authority and may
      transfer to or from any such corporation any moneys,  real  property  or
      other  property  for any of the purposes of this title. The directors or
      members of each such subsidiary corporation shall be  the  same  persons
      holding  the  offices  of members of the authority. Each such subsidiary
      corporation and any of its property, functions and activities shall have
      all of the privileges, immunities, tax exemptions and  other  exemptions
      of  the  authority  and  of  the  authority's  property,  functions  and
      activities. Each such subsidiary corporation shall  be  subject  to  the
      restrictions  and  limitations  to  which  the authority may be subject.
      Each such subsidiary corporation shall be subject to suit in  accordance
      with  section  thirteen  hundred sixteen of this title. The employees of
      any such subsidiary corporation, except those who are also employees  of
      the authority, shall not be deemed employees of the authority.
        If  the  authority  shall determine that one or more of its subsidiary
      corporations should be in the form of a public benefit  corporation,  it
      shall  create  each  such  public  benefit  corporation by executing and
      filing with the secretary of state a certificate of incorporation, which
      may be amended from time to time by filing, which shall  set  forth  the
      name  of  such  public benefit subsidiary corporation, its duration, the
      location of its principal office, and any or  all  of  the  purposes  of
      acquiring,  owning,  leasing,  establishing, constructing, effectuating,
      operating, maintaining, renovating, improving,  extending  or  repairing
      one  or  more  facilities  of  the  authority.  Each such public benefit
    
      subsidiary corporation shall be a body politic and corporate  and  shall
      have  all those powers vested in the authority by the provisions of this
      title which the authority shall determine to include in its  certificate
      of incorporation except the power to contract indebtedness.
        Whenever  any  state, political subdivision, municipality, commission,
      agency, officer, department, board, division or person is authorized and
      empowered for any of the purposes of this title to cooperate  and  enter
      into  agreements  with  the authority such state, political subdivision,
      municipality, commission, agency, officer, department,  board,  division
      or  person  shall  have the same authorization and power for any of such
      purposes to cooperate  and  enter  into  agreements  with  a  subsidiary
      corporation of the authority.
        6.  The  authority,  in  its own name or in the name of the state, may
      apply for and receive and accept grants of property, money and  services
      and  other  assistance  offered  or  made available to it by any person,
      government or agency whatever, which it  may  use  to  meet  capital  or
      operating expenses and for any other use within the scope of its powers,
      and  to  negotiate  for  the  same upon such terms and conditions as the
      authority may determine to be necessary, convenient or desirable. In  no
      event,  however,  shall  the  authority  submit  to the state or federal
      government or any agency or instrumentality thereof an application for a
      state or federal project unless the application shall  have  been  first
      approved  by  the  commissioner as being part of or consistent with such
      statewide plan, regional plan or transportation development  policy  and
      planning concept.
        7.  The  authority may do all things it deems necessary, convenient or
      desirable to manage, control and direct the maintenance and operation of
      transportation facilities, equipment or real  property  operated  by  or
      under contract, lease or other arrangement with the authority. Except as
      hereinafter   specially   provided,   no   municipality   or   political
      subdivision, including but not limited to a county, city, village,  town
      or  school or other district shall have jurisdiction over any facilities
      of the authority or any  of  its  activities  or  operations.    In  the
      operation, maintenance and control of any facilities devoted to purposes
      other  than  direct  transportation  purposes,  the  authority  shall be
      subject  to  all  local  laws,  resolutions,   ordinances,   rules   and
      regulations   of   a   municipality   or   political  subdivision.  Each
      municipality or political subdivision, including but not  limited  to  a
      county,  city,  village, town or district in which any facilities of the
      authority are located shall provide for such facilities police, fire and
      health protection services of the same character and to the same  extent
      as  those  provided  for  residents  of  such  municipality or political
      subdivision.
        The authority may agree with the state  department  of  transportation
      for  the  execution by such department of any grade crossing elimination
      project or any grade crossing separation  reconstruction  project  along
      any  railroad  facility  operated  by  the  authority  or  by one of its
      subsidiary corporations or under contract, lease  or  other  arrangement
      with  the  authority.  Any such project shall be executed as provided in
      the grade crossing elimination act and the railroad  law,  respectively,
      and  the  costs  of  any such project shall be borne as provided in such
      laws, except that the authority's share of such costs shall be borne  by
      the state.
        8.  The authority may accept unconditional grants of money or property
      as subsidy payments for expansion  of  service  into  areas  where  such
      service   would   not  be  self-supporting.  The  authority  may  accept
      unconditional grants of money or property from any city,  village,  town
      or  county  not  wholly contained within a city the whole or any part of
    
      which shall be served or to  be  served  by  a  transportation  facility
      operated by the authority. Such grants of money or property would be for
      the  purpose  of  assisting  the  authority  in  meeting  its capital or
      operating  expenses.  The acceptance of any such grant shall not operate
      to make the authority an agency of the municipality  making  the  grant.
      The provisions of this section are intended as enabling legislation only
      and  shall not be interpreted as implying that absent their enactment an
      authority would lack the power to accept such grant or subsidy.
        9. Notwithstanding any of the above  provisions,  no  project  may  be
      undertaken  by  the  authority  unless  such  project  is  a  part of or
      consistent with the master plan.