N.Y.
Public Authorities Law Section 2799-HHH
Special powers of the authority
1.
The authority may enter into any joint service arrangements as provided in this section.2.
The authority may, establish, construct, effectuate, operate, manage, maintain, renovate, improve, extend or repair any aviation facilities or pollution control facilities, or may provide for such establishment, construction, effectuation, operation, management, maintenance, renovation, improvement, extension or repair by contract, lease, or other arrangement with the federal government, any state or agency or instrumentality thereof, or any person or public corporation. In connection with the operation of any such facilities, the authority may establish, construct, effectuate, operate, manage, maintain, renovate, improve, extend or repair or may provide by contract, lease or other arrangement for the establishment, construction, effectuation, operation, management, maintenance, renovation, improvement, extension or repair of any related services and activities.3.
The authority may establish, fix, revise, levy and collect or cause to be established, fixed, revised, levied and collected and, in the case of a joint service arrangement, join with others in the establishment, fixing, revision, levy and collection of such fares, rentals, rates, charges, landing and field use fees, concession fees and other fees for the use and operation of any real property, aviation facilities, pollution control facilities, facility and related services operated or managed by the authority or under contract, lease or other arrangement, including joint service arrangements, with the authority. Such fares, rentals, rates, charges, landing and field use fees, concession fees or other fees shall be at least sufficient at all times in the judgment of the authority to establish and maintain the combined operations of the authority on a self-sustaining basis. Such operations shall be deemed to be on a self-sustaining basis as required by this title, when the authority is able to pay or fund or cause to be paid or funded from revenues and any other funds actually available to the authority:(a)
the principal of, premium, if any, and the interest on the outstanding bonds of the authority as the same shall become due and payable and any capital or debt service reserve therefor and, to the extent required by any agreement between the city and the authority, the principal of and interest on any general obligation bonds, notes or other evidence of indebtedness of the city issued for or allocable to any project of the authority as the same shall become due and payable and any reserves therefor;(b)
the cost of administering, maintaining, repairing and operating any project of the authority;(c)
the cost of constructing capital improvements thereto pursuant to any agreement between the city and the authority;(d)
any liabilities incurred for or allocable to any project of the authority including any liabilities of the city assumed by the authority pursuant to any agreement between the city and the authority, as the same become due and payable;(e)
any requirements of any agreement including those relating to the establishment of reserves for renewal and replacement and for uncollected fares, rentals, rates, charges and fees and covenants respecting rates and debt service and earnings coverage ratios;(f)
all other reasonable and necessary expenses of the authority; and(g)
the cost of such additional projects as may be now or hereafter authorized by law and agreed to by the authority.4.
The authority may establish and, in the case of joint service arrangements, join with others in the establishment of such schedules and standards of operations and such other rules and regulations including but not limited to rules and regulations governing the conduct, safety and security of the public as it may deem necessary, convenient or desirable for the use, operation and management of any project and related services operated or managed by the authority or under contract, lease or other arrangement, including joint service arrangements, with the authority. Such rules and regulations governing the conduct, safety and security of the public shall be filed with the department of state in the manner provided by Executive Law § 102 (Filing and publication of codes, rules and regulations)section one hundred two of the executive law. In the case of any conflict between any such rule or regulation of the authority governing the conduct, safety and security of the public and any local law, local ordinance, local rule or local regulation, such rule or regulation of the authority shall prevail. Nothing in this section shall be construed to exempt the authority from any state law, rule or regulation.5.
The authority may manage, control and direct the maintenance and operation of aviation facilities, equipment or property operated by or under contract, lease or other arrangement with the authority. Except as agreed to pursuant to any agreement between the authority and any public corporation and except as hereinafter specially provided, no municipality except for the city, shall have jurisdiction over any facilities of the authority or any of its activities or operations. The city may provide for such facilities’ police and fire protection services.6.
The authority may accept unconditional grants of money or property from any municipality the whole or any part of which municipality shall be served or to be served by an aviation facility operated by the authority. Such grants of money or property would be for the purpose of assisting the authority in meeting its capital or operating expenses. The acceptance of any such grant shall not operate to make the authority an agency of the municipality making the grant.7.
In any instance where the city is required by law, with respect to an airport or any aviation facilities, to conduct a public hearing in connection with a contract, lease, joint service arrangement, charge, fare, rental or fee, the authority shall not enter into such contract, lease, joint service arrangement, or establish, fix, revise or levy any charge, fare, rental, landing and field use fee, concession fee or other fee unless and until the authority has held a public hearing at which interested persons have had an opportunity to be heard concerning the same, provided however, if the city has conducted a public hearing in connection with such contract, lease, joint service arrangement, charge, fare, rental or fee, the authority shall not be required to hold a public hearing. Notice of such public hearing shall be published by the authority at least ten days before the date set therefor, in at least one newspaper of general circulation in the county and on the authority website. Such notice shall set forth the date, time and place of such hearing and shall include a brief description of the matters to be considered at such meeting. At all such hearings, any interested persons shall have an opportunity to be heard concerning the matters under consideration. Any decision of the authority on matters considered at such public hearing shall be in writing and be made available in the office of the authority for public inspection during regular office hours and posted on the authority website.8.
The authority may acquire, hold, own, lease, establish, construct, effectuate, operate, maintain, renovate, improve, extend or repair any of its facilities through, and cause any one or more of its powers, duties, functions or activities to be exercised or performed by, no more than two wholly owned subsidiary corporations of the authority for the purposes of operating parking and concessions including food, beverage, and retail services, and airline and aircraft services including ticketing, baggage and fueling services and other services for the operation of the airport. The authority may transfer to or from any such corporation, or between such corporations, any moneys, real property or other property or the services of any officers, employees or consultants for any of the purposes of this title. The directors or members of each such subsidiary corporation shall be the same persons holding the offices of members of the authority. Each such subsidiary corporation and any of its property, functions and activities shall have all of the privileges, immunities, tax exemptions and other exemptions of the authority and of the authority’s property, functions and activities. Each such subsidiary corporation shall be subject to the restrictions and limitations to which the authority may be subject. Each such subsidiary corporation shall be subject to suit in accordance with § 2799-WWW (Limited liability)section twenty-seven hundred ninety-nine-www of this title. The employees of any such subsidiary corporation, except those who are also employees of the authority, shall not be deemed employees of the authority.
Source:
Section 2799-HHH — Special powers of the authority, https://www.nysenate.gov/legislation/laws/PBA/2799-HHH (updated Sep. 22, 2023; accessed Apr. 27, 2024).
