Section 1285-P. State environmental infrastructure projects  


Latest version.
  • In order to
      effectuate the purposes of this title, the corporation  shall  have  the
      following additional special powers:
        1.  Subject  to  chapter  fifty-nine  of the laws of two thousand, but
      notwithstanding any other provisions of law to the contrary, in order to
      assist  the  corporation  in  undertaking  the  administration  and  the
      financing   of   the  design,  acquisition,  construction,  improvement,
      installation, and related work for all or any  portion  of  any  of  the
      following environmental infrastructure projects and for the provision of
      funds  to  the  state  for  any amounts disbursed therefor: (a) projects
      authorized  under  the  environmental  protection  fund,  or  for  which
      appropriations  are made to the environmental protection fund including,
      but  not  limited  to  municipal  parks   and   historic   preservation,
      stewardship,  farmland  protection, non-point source, pollution control,
      Hudson River Park, land acquisition, and waterfront revitalization;  (b)
      department  of  environmental  conservation  capital  appropriations for
      Onondaga Lake for certain water quality improvement projects in the same
      manner as set forth in paragraph  (d)  of  subdivision  one  of  section
      56-0303  of  the  environmental conservation law; (c) for the purpose of
      the  administration,  management,  maintenance,  and  use  of  the  real
      property  at  the  western  New  York  nuclear  service  center; and (d)
      department of environmental conservation capital appropriations for  the
      administration,    design,   acquisition,   construction,   improvement,
      installation,  and  related  work   on   department   of   environmental
      conservation  environmental  infrastructure  projects; and (e) office of
      parks,  recreation   and   historic   preservation   appropriations   or
      reappropriations  from the state parks infrastructure fund, the director
      of the division of budget and the corporation  are  each  authorized  to
      enter  into  one  or  more service contracts, none of which shall exceed
      twenty years in duration, upon such terms and conditions as the director
      and the corporation  may  agree,  so  as  to  annually  provide  to  the
      corporation  in  the  aggregate,  a  sum  not  to exceed the annual debt
      service payments and related expenses required for any bonds  and  notes
      authorized  pursuant to section twelve hundred ninety of this title. Any
      service contract entered into pursuant to  this  section  shall  provide
      that  the  obligation of the state to fund or to pay the amounts therein
      provided for shall not constitute a debt of the state within the meaning
      of any  constitutional  or  statutory  provision  and  shall  be  deemed
      executory  only  to  the  extent  of moneys available for such purposes,
      subject to annual appropriation by the  legislature.  Any  such  service
      contract  or  any payments made or to be made thereunder may be assigned
      and pledged by the corporation as security for its bonds and  notes,  as
      authorized pursuant to section twelve hundred ninety of this title.
        2.   The   comptroller  is  hereby  authorized  to  receive  from  the
      corporation any portion of bond proceeds paid to provide  funds  for  or
      reimburse   the   state   for   its  costs  associated  with  any  state
      environmental infrastructure projects and to credit such amounts to  the
      capital projects fund or any other appropriate fund.
        3.  The  maximum amount of bonds that may be issued for the purpose of
      financing  environmental  infrastructure  projects  authorized  by  this
      section shall be eight hundred sixty-seven million five hundred thousand
      dollars,  exclusive  of  bonds  issued  to fund any debt service reserve
      funds, pay costs of issuance of such bonds, and bonds or notes issued to
      refund or otherwise repay bonds or notes previously issued.  Such  bonds
      and  notes  of the corporation shall not be a debt of the state, and the
      state shall not be liable thereon, nor shall they be payable out of  any
      funds  other than those appropriated by the state to the corporation for
      debt service and related expenses  pursuant  to  any  service  contracts
    
      executed pursuant to subdivision one of this section, and such bonds and
      notes shall contain on the face thereof a statement to such effect.