Section 1689-H. Expedited deployment funding  


Latest version.
  • The  authority  is hereby
      authorized  to  finance  eligible  costs   associated   with   expedited
      deployment  funding  in  accordance with the provisions of section three
      hundred thirty-three of the county law.
        1. (a) Notwithstanding the provisions of any general or special law to
      the contrary, and subject to appropriations by the legislature, in order
      to assist the  authority  in  the  financing  and  refinancing  of  such
      eligible  costs,  the director of the budget is authorized to enter into
      one or more service contracts, none of which shall exceed  thirty  years
      in  duration, with the authority, upon such terms as the director of the
      budget and the authority agree;
        (b) Any service contract entered into pursuant  to  paragraph  (a)  of
      this  subdivision  or  any payments made or to be made thereunder may be
      assigned and pledged by the authority as security for its bonds,  notes,
      or other obligations;
        (c) Any such service contract shall provide that the obligation of the
      director  of  the  budget  or 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 in  the  event  the
      authority  assigns  or pledges the service contract payments as security
      for its bonds, notes, or other obligations and shall be deemed executory
      only to the extent moneys are available and that no liability  shall  be
      incurred  by  the state beyond the moneys available for the purpose, and
      that  such  obligation  is  subject  to  annual  appropriation  by   the
      legislature;
        (d)  Any  service  contract or contracts entered into pursuant to this
      subdivision shall provide for state commitments to provide  annually  to
      the  authority a sum or sums, upon such terms and conditions as shall be
      deemed appropriate by the director of the budget, to fund the principal,
      interest, or other related expenses required for any such bonds,  notes,
      or other obligations.
        2.  The  department  of  state  shall,  from  any  appropriations made
      available for this purpose, offer expedited  deployment  funding  grants
      pursuant  to  section  three  hundred  thirty-three  of  the county law.
      Financing for such grants authorized pursuant to this section shall only
      be made upon the determination by the authority,  in  consultation  with
      and  upon  recommendation of the 911 board, that such grants will result
      in the expedited deployment of enhanced wireless 911 service.
        3. To obtain funds for the purposes of this subdivision, the authority
      is hereby authorized to issue bonds or notes in an amount not to  exceed
      one  hundred  million dollars excluding bonds issued to fund one or more
      debt service reserve funds, to pay costs of issuance of such bonds,  and
      bonds  or  notes issued to refund or otherwise repay such bonds or notes
      previously issued, for payment of  the  costs  of  expedited  deployment
      funding  in  accordance  with  the  provisions  of section three hundred
      thirty-three of the county law.
        4. In computing, for the purposes of this subdivision,  the  aggregate
      amount  of  indebtedness  evidenced  by bonds and notes of the authority
      issued pursuant to this subdivision, there shall be excluded the  amount
      of such indebtedness represented by such bonds or notes issued to refund
      or  otherwise repay bonds or notes, provided that the amount so excluded
      under this subdivision may exceed the principal amount of such bonds  or
      notes  that were issued to refund or otherwise repay only if the present
      value of the aggregate debt service on the refunding or repayment  bonds
      or  notes  shall  not  have  at  the time of their issuance exceeded the
      present value of the aggregate debt service of the bonds or  notes  they
      were  issued  to  refund or repay, such present value in each case being
      calculated by using the effective interest  rate  of  the  refunding  or
    
      repayment  bonds  or  notes,  which  shall  be  that  rate arrived at by
      doubling  the  semi-annual  interest  rate  (compounded   semi-annually)
      necessary  to  discount  the  debt  service payments on the refunding or
      repayment  bonds  or  notes from the payment date thereof to the date of
      issue of the refunding or repayment bonds or notes and to the price  bid
      therefor,  or  to  the  proceeds received by the authority from the sale
      thereof, in each case including estimated accrued interest.