Section 1678. Powers of the authority  


Latest version.
  • The authority shall have power
        1. To sue and be sued;
        2. To have a seal and alter the same at pleasure;
        3.  To  acquire  in the name of the state by purchase or condemnation,
      gift or devise real property or rights of easement on terms necessary or
      convenient for its corporate purposes; to acquire, hold and  dispose  of
      personal property for its corporate purposes;
        4. To make by-laws for the management and regulation of its affairs;
        5.   To   appoint   officers,  agents  and  employees  and  fix  their
      compensation;
        6. To make contracts and  to  execute  all  instruments  necessary  or
      convenient;
        7.  To  prepare or cause to be prepared plans, specifications, designs
      and estimates of costs for the construction and equipment of dormitories
      and appurtenant facilities for the  institutions  specified  in  section
      sixteen hundred seventy-six, and from time to time to modify such plans,
      specifications, designs or estimates;
        8.  By  contract  or  contracts  or by its own employees to construct,
      acquire, reconstruct, rehabilitate and improve, and furnish  and  equip,
      dormitories   and   necessary   and   usual   attendant  facilities  for
      state-operated institutions and statutory and  contract  colleges  under
      the  jurisdiction  of  the  state  university  of  New  York pursuant to
      agreement with the state university construction fund created by section
      three hundred seventy-one of the education law;
        9. To maintain, reconstruct and operate  such  dormitories  until  the
      cost thereof and the outstanding bonds thereon have been liquidated;
        10.  To  fix  and  collect  rentals  and  other charges for the use of
      dormitories  and  judicial  facilities,  court  facilities  or  combined
      occupancy   structures or any parts thereof; to contract with holders of
      its bonds to fix such rentals and charges at rates at  least  sufficient
      to  pay  for  all  costs  of  operation,  maintenance and repairs of the
      dormitories  and  judicial  facilities,  court  facilities  or  combined
      occupancy  structures,  and  the  interest  on  and  amortization of, or
      payment of its bonds issued to finance dormitories, judicial facilities,
      court  facilities  or  combined  occupancy  structures;  to  provide  by
      contract  for  the  promulgation, by the appropriate officer or body, in
      relation to any institution described  in  subdivision  two  of  section
      sixteen hundred seventy-six of this title, of such reasonable and proper
      rules  and  regulations as may be necessary to assure the maximum use of
      the facilities of any dormitory at all times;
        11. To borrow money and to issue negotiable  bonds  or  notes  and  to
      provide for the rights of the holders thereof;
        12. To do all things necessary or convenient to carry out the purposes
      of this authority.
        13.   In  connection  with  court  facilities  or  combined  occupancy
      structures:
        (a) To acquire by purchase, condemnation, gift, devise, lease or other
      agreement such real property or an interest  therein as may be necessary
      or  convenient  for  the  acquisition,   construction,   reconstruction,
      rehabilitation, improvement or provision of court facilities or combined
      occupancy structures;
        (b)  To prepare or cause to be prepared plans, specifications, designs
      and estimates of costs for  the  design,  construction,  reconstruction,
      rehabilitation  or improvement of court facilities or combined occupancy
      structures, and the equipping and furnishing thereof;
        (c) To  prepare  or  cause  to  be  prepared  a  facility  design  and
      performance  plan with each participating municipality relating to court
      facilities and combined occupancy  structures  in  any  case  where  the
    
      authority  and  the  participating  municipality  have  agreed  that the
      authority will award contracts for the design and  construction  of  the
      project.  Such  plan shall set forth the terms and conditions associated
      with the construction management process, including, but not limited to,
      provisions   relating  to  the  selection  of  architects,  construction
      consultants,  construction  managers  and  contractors,   the   relative
      responsibilities  of  the  authority  and the participating municipality
      with respect to the initial project  budget  and  the  court  facilities
      program,  the  preparation  of working drawings and budgets, the project
      construction   process,   beneficial    occupancy    including    formal
      notifications,  punch  lists and acceptance by all parties, notification
      of construction completion, project close-out, and the  commencement  of
      responsibility  for  maintenance  of  the facility. Such plan shall also
      include provisions relating to the responsibility of  the  authority  to
      require  appropriate  performance and surety bonds, the diligent pursuit
      by  the  authority  of  remedies  against  architects,  contractors  and
      sureties   deemed   to  be  in  default  in  the  performance  of  their
      obligations, and, generally, the management of the construction  process
      in  a  professional  manner  in  accordance with prevailing construction
      industry standards. The authority shall submit the facility  design  and
      performance  plan to the chief administrator for submission to the court
      facilities capital review  board  in  accordance  with  section  sixteen
      hundred eighty-c of this chapter;
        (d)  To  design, construct, reconstruct, rehabilitate or improve court
      facilities or combined occupancy structures and to enter into  contracts
      to  cause  court  facilities  or  combined  occupancy  structures  to be
      designed, constructed, reconstructed, rehabilitated or improved;
        (e)  To  enter  into  leases,  subleases  or  other  agreements   with
      participating  municipalities  in  connection  with court facilities and
      jointly with participating  municipalities  and  other  persons,  firms,
      associations,  corporations  or  agencies,  including  public bodies, in
      accordance with section sixteen hundred eighty-b of this article;
        (f) To sell, convey, lease, sublease or otherwise  transfer  any  real
      property  or interest therein held by the authority to any person, firm,
      association, corporation or agency, including a  public  body,  for  the
      purpose  of  constructing  or  otherwise  providing  thereon  a combined
      occupancy  structure,  provided  that,  simultaneously  therewith,   the
      authority  enters  into  an  agreement  for  the reconveyance, purchase,
      lease, sublease or other acquisition  of  the  court  facilities  to  be
      contained in such combined occupancy structures.
        Any contract undertaken or financed by the dormitory authority for any
      construction, reconstruction, rehabilitation or improvement of any court
      facilities  or  combined  occupancy  structures  shall  comply  with the
      provisions of sections one hundred one and  one  hundred  three  of  the
      general municipal law.
        14.  To adopt resolutions providing for a program of self-insurance to
      pay for uninsured losses incurred by the dormitory authority  by  reason
      of  a  deductible  feature  in  a  policy or policies of insurance or to
      prevent a default in the compliance with any provision of any agreement,
      lease or resolution of the authority  relating  to  or  authorizing  the
      issuance  of obligations of the authority. When such program is approved
      by the superintendent of insurance  of  the  state  of  New  York,  such
      program  shall for all purposes of compliance by the dormitory authority
      with any provision of an agreement, lease or resolution of the authority
      relating to or authorizing the issuance of obligations of the  authority
      be  deemed  to  be  an  insurance  policy issued by an insurance company
      authorized to do business in the state of New York. The approval of  the
      superintendent  shall be based upon such standards as he shall from time
    
      to time determine to be  appropriate  in  light  of  the  said  program,
      including  but  not  limited  to  reasonable  requirements regarding the
      amounts and  kinds  of  coverage  provided  and  the  minimum  financing
      maintained,  and  provided  that the superintendent shall determine that
      such program will not be prejudicial to the best interests of the people
      of this state.
        15. The authority shall, notwithstanding any other law, have the power
      to mortgage, pledge or assign any  real  or  personal  property  of  any
      dormitory  or  board of cooperative educational services school facility
      as and to the extent authorized by any agreement or  lease  between  the
      authority  and any educational institution as defined in section sixteen
      hundred eighty of this title or any  board  of  cooperative  educational
      services   to  secure  any  and  all  liabilities  of  such  educational
      institution or board of  cooperative  educational  services  under  such
      agreement  or lease in respect of such dormitory or board of cooperative
      educational services facility not theretofore  paid  or  discharged,  or
      other  real  or  personal  property of the authority. Any such mortgage,
      pledge  or  assignment  by  the  authority,  unless  otherwise  provided
      therein,  shall be superior to any right an educational institution or a
      board of cooperative educational services may have with respect  to  the
      property  subject  to  such  mortgage,  pledge  or  assignment, and upon
      foreclosure of any such mortgage or enforcement of any  such  pledge  or
      assignment any such right shall be extinguished.
        16.  To acquire and to enter into commitments to acquire any federally
      guaranteed security and to pledge or otherwise use  any  such  federally
      guaranteed  security  in  such manner as the authority deems in its best
      interest to secure or otherwise provide a source of repayment on any  of
      its  bonds issued on behalf of any hospital designated as an educational
      institution in section sixteen hundred eighty of this title or to  enter
      into  any  appropriate  agreement  with  any  hospital  designated as an
      educational institution in section sixteen hundred eighty of this  title
      whereby  the  authority  may  make  a  loan to any such hospital for the
      purpose of acquiring  and  entering  into  commitments  to  acquire  any
      federally  guaranteed  security.  Any agreement entered into pursuant to
      this subdivision may contain such provisions which are deemed  necessary
      or  desirable  by  the  authority  for the security or protection of the
      authority or the holders of such  bonds;  provided,  however,  that  the
      authority,  prior  to  making  any such acquisition, commitment or loan,
      shall first determine, and shall first enter into an agreement with  any
      such  hospital  or  any  other appropriate institution or corporation to
      require, that the proceeds derived from  the  acquisition  of  any  such
      federally  guaranteed security will be used for the purpose of providing
      or  refinancing  any  dormitory  for  any  hospital  designated  as   an
      educational institution in section sixteen hundred eighty of this title,
      including  any  facility,  real  property, equipment and appurtenant and
      related facilities.
        17. To make and undertake commitments to make education loans  to  any
      independent  institution  for  higher  education  located in this state,
      recognized and approved by the regents of the university of the state of
      New York, which provides a course of study leading to the granting of  a
      post-secondary  degree, for the purpose of enabling any such institution
      for higher education to make student loans to any student attending such
      independent institution for higher education, the parents  of  any  such
      student  or  both for the purpose of financing the cost of attendance by
      such student at such independent institution for  higher  education,  to
      make and to commit to make direct loans to a student or the parents of a
      student  or  both for the purpose of financing the cost of attendance by
      such student at a  public  institution  for  higher  education,  and  to
    
      purchase,  acquire or take by assignment or otherwise student loans from
      such an independent institution for  higher  education.  Each  loan  and
      purchase  of  a  student  loan  by  the  authority  authorized  by  this
      subdivision   shall  be  premised  upon  an  agreement,  agreements,  or
      supplements thereto, between the  authority  and  such  institution  for
      higher  education,  such  student or the parents of the student or both,
      which agreement, agreements, or supplements thereto, may make provisions
      as to payment, security,  payment  of  any  expenses  or  costs  of  the
      authority and any other matters deemed appropriate by the authority.
        All  provisions  of this title not inconsistent with the provisions of
      this subdivision shall be applicable with respect to any  bonds  of  the
      authority  issued  to obtain funds for any purpose authorized under this
      subdivision, and with respect to the powers of  the  authority  and  any
      such institution for higher education provided, however, that the use of
      any  such  powers  in order to effectuate the purpose of section sixteen
      hundred seventy-nine of this chapter be expressed by guidelines  subject
      to  the  review  of  the advisory committee pursuant to paragraph ten of
      section sixteen hundred seventy-nine  of  this  chapter.  Bonds  of  the
      authority issued for the purposes of this subdivision shall be deemed to
      be  issued  for  the  financing and construction of a project within the
      meaning of section fifty-one of this chapter.
        18. To make and undertake commitments to make HEAL education loans  to
      any  independent institution for higher education located in this state,
      which is an eligible institution pursuant to title IV, part  C,  of  the
      "Health  Professions  Educational  Assistance  Act  of  1976", as now or
      hereafter amended, for the purpose of enabling any such  institution  to
      make HEAL student loans, to make and to commit to make HEAL direct loans
      to an eligible student attending a public or independent institution for
      higher  education,  and  to  purchase,  acquire or take by assignment or
      otherwise HEAL student loans, and to sell and commit to sell HEAL direct
      loans, HEAL education loans and HEAL student loans  purchased,  acquired
      or  taken  by  assignment  or  otherwise  by the authority to the extent
      necessary to assure  the  marketability  of  and  the  adequacy  of  the
      security  for  the  bonds  of the authority. Each loan and purchase of a
      HEAL student loan by the authority authorized by this subdivision  shall
      be  premised  upon  an  agreement,  agreements,  or supplements thereto,
      between the authority and such institution for higher education or  such
      student,  which  agreement,  agreements, or supplements thereto, may, to
      the extent permitted by federal law and regulations, make provisions  as
      to  payment, security, payment of any expenses or costs of the authority
      and any other matters deemed appropriate by the authority. The authority
      shall be deemed to be and is authorized to act as an eligible lender  as
      defined  in  title  IV,  part  C, of the "Health Professions Educational
      Assistance Act of 1976", as now or hereafter amended,  for  purposes  of
      the health education assistance loan program authorized thereunder.
        All  provisions  of this title not inconsistent with the provisions of
      this subdivision shall be applicable with respect to any  bonds  of  the
      authority  issued  to obtain funds for any purpose authorized under this
      subdivision, and with respect to the powers of  the  authority  and  any
      such  institution  for higher education, provided, however, that the use
      of any such powers in  order  to  effectuate  the  purpose  of  sections
      sixteen  hundred seventy-nine and sixteen hundred seventy-nine-a of this
      chapter be expressed by guidelines subject to the review of the advisory
      committee  pursuant  to  subdivision  ten  of  section  sixteen  hundred
      seventy-nine  of  this  chapter.  Bonds  of the authority issued for the
      purposes of this subdivision shall  be  deemed  to  be  issued  for  the
      financing  and  construction  of a project within the meaning of section
      fifty-one of this chapter.
    
        19. By contract or contracts  or  by  its  own  employees  to  design,
      contruct,  acquire,  reconstruct,  rehabilitate and improve, and furnish
      and equip, or otherwise provide judicial facilities.
        All  provisions  of this title not inconsistent with the provisions of
      this subdivision shall be applicable with respect to any  bonds  of  the
      authority  issued  to obtain funds for any purpose authorized under this
      subdivision, and with respect to the powers of the authority;  provided,
      however,  that  the  authority  shall  not  undertake  the  provision of
      judicial facilities authorized by this subdivision unless the  governing
      body  of  any  county, within the tenth judicial district, that does not
      contain a city for whose use judicial  facilities  are  to  be  provided
      consents thereto.
        20.  To  enter  into  a contract or contracts with the commissioner of
      health for the purpose of implementing the health facility restructuring
      pool pursuant to section twenty-eight  hundred  fifteen  of  the  public
      health law, and to receive, hold, invest and pay out moneys deposited in
      the  restructuring  pool.  In  connection therewith, the authority shall
      exercise all of its powers under article eight of this chapter.
        21. (a) To enter into one or more agreements with the state university
      of New York to provide financial assistance on behalf of the  state,  as
      provided in subdivision eight of section six thousand three hundred four
      of  the  education  law, to the local sponsors of community colleges for
      the design, acquisition, construction, reconstruction, rehabilitation or
      improvement of one or more facilities for  locally  sponsored  community
      colleges  and  the furnishing or equipping of such facilities. Each such
      agreement shall provide for annual payments to the  dormitory  authority
      from  the  state aid or other financial assistance provided to the local
      sponsor of such community college and paid into  the  community  college
      tuition   and   instructional   fund  pursuant  to  paragraph  (iii)  of
      subdivision two of section ninety-seven-p of the state finance law,  and
      contain  such  other  terms  and conditions as may be agreed upon by the
      parties thereto, including, but not limited to, provisions  relating  to
      the  establishment of reserve funds and indemnities. Each such agreement
      shall be subject to the approval of the director of the budget.
        (b) Any such agreement entered into pursuant to this  subdivision  may
      provide  that  the  provisions  thereof shall remain in force and effect
      until the issue of bonds of the dormitory authority to which it relates,
      together with interest thereon, interest on any unpaid  installments  of
      interest and the fees and expenses of the dormitory authority, are fully
      met  and  discharged,  and  any  payments to be made by the state may be
      pledged by the dormitory authority to secure such bonds.
        (c) No agreement entered  into  pursuant  to  this  section  shall  be
      construed to limit or diminish the power of the dormitory authority with
      respect  to  a  locally  sponsored  community  college  with  respect to
      providing  construction  related  services  in   connection   with   the
      construction,  reconstruction,  improvement,  renovation, development or
      expansion of locally sponsored community college facilities.
        23. To make  equipment  loans  pursuant  to  section  sixteen  hundred
      seventy-nine-b  of  this  article and, in connection with such equipment
      loans, to enter into all necessary or useful agreements with respect  to
      such loans.
        24.  To  acquire  bonds,  notes  or  other  obligations  of any school
      district or city of the state issued  to  finance  or  refinance  school
      district capital facilities and school district capital equipment and to
      make  loan  commitments  and loans to school districts and to cities for
      such purposes, and to enter into arrangements with school districts  and
      cities for the purchase of such bonds, notes or other obligations.