Section 1860-A. Reserve funds and appropriations  


Latest version.
  • 1. The authority may
      create and establish one or more reserve  funds  to  be  known  as  debt
      service reserve funds and may pay into such reserve funds (a) any moneys
      appropriated  and  made  available by the state for the purposes of such
      funds, (b) any proceeds of  sale  of  bonds  and  notes  to  the  extent
      provided  in  the  resolution  of the authority authorizing the issuance
      thereof, (c) any moneys directed to be transferred by the  authority  to
      such  funds, and (d) any other moneys which may be made available to the
      authority for the purposes of  such  funds  from  any  other  source  or
      sources. The moneys held in or credited to any debt service reserve fund
      established  under  this  subdivision,  except  as hereinafter provided,
      shall be used solely for the payment of the principal of  bonds  of  the
      authority  secured  by  such  reserve fund, as the same mature, required
      payments to any sinking fund established for the  amortization  of  such
      bonds (hereinafter referred to as "sinking fund payments"), the purchase
      or redemption of such bonds of the authority, the payment of interest on
      such  bonds  of  the  authority or the payment of any redemption premium
      required to be paid when such bonds  are  redeemed  prior  to  maturity;
      provided,  however,  that moneys in any such fund shall not be withdrawn
      therefrom at any time in such amount as would reduce the amount of  such
      fund  to less than the maximum amount of principal and interest maturing
      and becoming due in any succeeding calendar year on  the  bonds  of  the
      authority  then outstanding and secured by such reserve fund, except for
      the purpose of paying  principal  and  interest  on  the  bonds  of  the
      authority  secured  by  such  reserve fund maturing and becoming due and
      sinking fund payments for the payment  of  which  other  moneys  of  the
      authority  are  not  available.    Any  income or interest earned by, or
      increment to, any such debt service reserve fund due to  the  investment
      thereof may be transferred to any other fund or account of the authority
      to the extent it does not reduce the amount of such debt service reserve
      fund  below  the  maximum  amount of principal and interest maturing and
      becoming due in any  succeeding  calendar  year  on  all  bonds  of  the
      authority  then  outstanding  and  secured  by  such  reserve  fund.  In
      computing the amount of any debt service reserve fund for  the  purposes
      of  this  section,  securities in which all or a portion of such reserve
      fund are invested shall be valued at par or, if purchased at  less  than
      par, at their cost to the authority.
        2.  The  authority  shall  not  issue bonds at any time if the maximum
      amount of  principal  and  interest  maturing  and  becoming  due  in  a
      succeeding  calendar year on the bonds outstanding and then to be issued
      and secured by a debt service reserve fund will  exceed  the  amount  of
      such  reserve fund at the time of issuance, unless the authority, at the
      time of issuance of such bonds, shall deposit in such reserve fund  from
      the proceeds of the bonds so to be issued, or otherwise, an amount which
      together  with  the  amount  then in such reserve fund, will be not less
      than the maximum amount of principal and interest maturing and  becoming
      due  in  any succeeding calendar year on the bonds then to be issued and
      on all other bonds of the authority then outstanding and secured by such
      reserve fund.
        3. To assure the continued operation and solvency of the authority for
      the carrying out of the public purposes of this act provision is made in
      subdivision one of this  section  for  the  accumulation  in  each  debt
      service  reserve  fund  of  an  amount  equal  to  the maximum amount of
      principal and interest maturing  and  becoming  due  in  any  succeeding
      calendar year on all bonds of the authority then outstanding and secured
      by such reserve fund. In order further to assure the maintenance of such
      debt service reserve funds, there shall be annually apportioned and paid
      to the authority for deposit in each debt service reserve fund such sum,
    
      if  any,  as  shall be certified by the chairman of the authority to the
      governor and state director of the budget as necessary to  restore  such
      reserve  fund  to an amount equal to the maximum amount of principal and
      interest  maturing  and  becoming due in any succeeding calendar year on
      the bonds of the authority then outstanding and secured by such  reserve
      fund.  The  chairman  of  the  authority  shall  annually,  on or before
      December first, make and deliver to the governor and state  director  of
      the  budget his certificate stating the sum, if any, required to restore
      each such debt service reserve fund to the amount aforesaid, and the sum
      or sums so certified, if any, shall  be  apportioned  and  paid  to  the
      authority  during  the  then  current  state  fiscal year. The principal
      amount of bonds secured by a debt service reserve fund or funds to which
      state funds are apportionable pursuant  to  this  subdivision  shall  be
      limited  to  the  total  amount  of  bonds  and notes outstanding on the
      effective date of this act, plus the total amount  of  bonds  and  notes
      contracted  after  the effective date of this act to finance projects in
      progress on the effective date of this act as determined by the New York
      state public authorities control board created pursuant to section fifty
      of this chapter whose affirmative determination shall be  conclusive  as
      to  all  matters  of  law  and  fact  solely  for  the  purposes  of the
      limitations contained in this subdivision, but in  no  event  shall  the
      total  amount of bonds so secured by such a debt service reserve fund or
      funds exceed nine million six hundred sixty thousand dollars,  excluding
      bonds  issued  to  refund  such  outstanding  bonds  until  the  date of
      redemption of such outstanding bonds. As outstanding  bonds  so  secured
      are  paid,  the  amount  so secured shall be reduced accordingly but the
      redemption of such outstanding bonds  from  the  proceeds  of  refunding
      bonds shall not reduce the amount so secured.
        4. All amounts paid over to the authority by the state pursuant to the
      provisions  of  this  section  shall  constitute and be accounted for as
      advances by the state to the authority and, subject only to  the  rights
      of  the  holders  of  any bonds or notes of the authority theretofore or
      thereafter issued, shall be repaid  to  the  state  from  all  available
      operating  revenues  of  the authority in excess of debt service reserve
      fund requirements and operating expenses.
        5. As used in this section, (a) the term  "operating  expenses"  shall
      mean  ordinary  expenditures  for  operation  and  administration of the
      authority, including maintenance, repair and  replacement  of  authority
      property; and (b) the term "available operating revenues" shall mean all
      amounts  received  on  account  of  rentals  and  fees  charged  by  the
      authority, if any, and income or interest earned or added  to  funds  of
      the  authority due to the investment thereof, and not required under the
      terms or provisions of any covenant or agreement  with  holders  of  any
      bonds or notes of the authority to be applied to any purposes other than
      payment of operating expenses of the authority.