Section 2438. Bond authorization  


Latest version.
  • (1) The agency shall not issue bonds and
      notes in an aggregate principal  amount  at  any  one  time  outstanding
      exceeding   one  billion  dollars,  excluding  tax  lien  collateralized
      securities, special school purpose bonds, special school deficit program
      bonds, special program  bonds  issued  to  finance  the  reconstruction,
      rehabilitation  or renovation of an educational facility pursuant to the
      provisions of subdivision (b) of section sixteen of chapter six  hundred
      five  of  the  laws  of  two  thousand,  special program bonds issued to
      finance  the  cost  of  a  project   for   design,   reconstruction   or
      rehabilitation  of  a  school  building  pursuant  to  the provisions of
      section fourteen of the city of Syracuse and the board of  education  of
      the  city  school  district  of  the city of Syracuse cooperative school
      reconstruction act and bonds and  notes  issued  to  refund  outstanding
      bonds and notes.
        (2)  The  agency  shall  not  issue special school purpose bonds in an
      aggregate principal amount in excess of: for the city of New York,  four
      hundred  thirty-five  million  dollars;  for  the  city of Buffalo, four
      million seven hundred thousand dollars; for the city of Rochester,  five
      million  one  hundred  thousand dollars; for the city of Syracuse, eight
      hundred thousand dollars; and for the city  of  Yonkers,  three  hundred
      thousand  dollars;  or  the amount of prior year claims that are due and
      payable to each such school district of each such special school purpose
      municipality  pursuant  to  section  thirty-six  hundred  four  of   the
      education  law.  Such amount shall exclude bonds issued to fund any debt
      service reserve fund, bonds issued to refund such special school purpose
      bonds, bonds issued to pay the costs of issuance of such special  school
      purpose  bonds  and  the  amount of bonds that would constitute interest
      under the Internal Revenue Code of 1986, as amended. Notwithstanding any
      provision of law to the  contrary,  the  special  school  purpose  bonds
      issued for the city of New York shall be issued in such principal amount
      as  will  provide  funds  sufficient to pay interest on such bonds for a
      period of at least two years after the date of issuance thereof and such
      amount  shall  be  excluded  from  the  limitation  contained  in   this
      subdivision.
        (3)  The  agency  shall not issue special school deficit program bonds
      (a) prior to the time the state comptroller determines the amount of the
      accumulated projected  deficit  of  a  special  school  deficit  program
      district  in  its  general  fund at the close of its current fiscal year
      ending June thirtieth, two thousand two, including any budget notes  and
      revenue  anticipation  notes  which  may  be  part  of  such deficit, as
      provided in a chapter of the laws  of  two  thousand  two,  and  (b)  in
      aggregate  principal amount in excess of the lesser of (i) the amount of
      such deficit as determined by the  state  comptroller  or  (ii)  sixteen
      million  five hundred thousand dollars, excluding bonds to fund any debt
      service reserve fund, bonds issued  to  refund  special  school  deficit
      program bonds, bonds issued to pay the costs of issuance of such special
      school  deficit  program  bonds  and  the  amount  of  bonds  that would
      constitute interest under the Internal Revenue Code of 1986, as amended.
        (4) The fixing of the statutory maximum in this section shall  not  be
      construed  as constituting a contract between the agency and the holders
      of its bonds or notes that additional bonds and notes may not be  issued
      subsequently  by  the  agency  in  the event that such statutory maximum
      shall subsequently be increased by law.