Section 1828-A. Federal trust fund administration  


Latest version.
  • 1.  (a)  Where  the
      authority, in its capacity as a trustee or administrator of  the  Altech
      trust  fund  established  pursuant to a grant agreement with the federal
      economic development agency,  has,  on  or  before  March  thirty-first,
      nineteen  hundred  ninety-five,  entered into an agreement or agreements
      with any local development corporation, banking organization  or  public
      benefit   corporation,  or  combination  thereof,  which  obligates  the
      authority to make payments from such  trust  fund  for  the  purpose  of
      paying  or  guaranteeing, in whole or in part, the cost of financing the
      construction of any facility the object of which is to promote  economic
      development within the counties of Albany and Chautauqua, the authority,
      for  the  purpose  of  refinancing  its  payment  obligations under such
      agreement or agreements, shall:
        (i) pursuant to  a  memorandum  of  understanding  executed  with  the
      subject  county,  purchase,  lease  or  otherwise acquire such facility,
      including the site thereof, and sell, convey, lease, mortgage, pledge or
      otherwise dispose of such facility, together with the site thereof, upon
      such terms and conditions as  the  authority  deems  advisable,  and  in
      connection therewith, may borrow money from any banking organization and
      issue  its notes or other obligations in evidence thereof and may pledge
      to the repayments of such obligations any funds of the authority legally
      available for such purposes;
        (ii) pursuant to a  repayment  agreement  executed  with  the  federal
      economic  development  agency, replace Altech trust fund monies expended
      on activities deemed to be ineligible by the United States department of
      commerce; and
        (iii) enter into any and all agreements as the  authority  shall  deem
      necessary,  convenient or desirable to carry out the powers conferred by
      subparagraph (a) of this subdivision.
        (b) (i) Prior to  the  execution  of  a  repayment  agreement  by  the
      authority  pursuant  to paragraph (a) of this subdivision, the authority
      shall submit a plan to the federal economic development  agency  and  to
      the  director  of  the  budget,  and  the  chairs  of the senate finance
      committee and the assembly ways and means committee, which provides for:
        (A) the replacement by the authority of cash or other  assets  of  the
      trust fund for the purposes of promoting economic development within the
      counties of Albany and Chautauqua;
        (B)  the  development of a new revolving loan fund plan to provide for
      the  investment  of  the  trust  fund  for  the  promotion  of  economic
      development within such counties; and
        (C)  a  schedule  and  strategy  for the implementation of any federal
      administrative requirements governing the administration of the fund  by
      the authority.
        (ii)  a  report submitted to the director of the budget, the chairs of
      the senate finance committee and the assembly ways and  means  committee
      detailing  the  disposition  by  the  authority  of  a  facility  or the
      repayment of any funds and  any  amendments  to  the  plan  pursuant  to
      paragraph (a) of this subdivision.
        (c)  Subject  to  the  terms  of  any  special purpose bondholders and
      noteholders, the special purpose funds described in clauses (b)  through
      (g)  of  subdivision  one  of  section  eighteen hundred fifteen of this
      title, to the extent that they are not required pursuant to  subdivision
      two  of  such  section,  may  also be used to pay or discharge any other
      obligation of the authority imposed thereon by the  provisions  of  this
      section  or by the provision of any contract executed in accordance with
      this section.
        2. The authority shall annually submit to the director of the  budget,
      and the chairs of the senate finance committee and the assembly ways and
    
      means   committee   for   approval   a   resolution  setting  forth  its
      responsibilities as a fiduciary  agent  and  trustee  of  any  fund  the
      authority administers on behalf of the federal government and describing
      the terms and conditions of any financial assistance to be provided from
      such fund.