S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3501
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 10, 2015
                                      ___________
       Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and Commissions
       AN  ACT  to amend the public authorities law and the transportation law,
         in relation to establishing the Corinth and Warren railroad  authority
         and  establishing  the  powers  and duties of the town of Corinth, the
         county of Warren and other municipalities located along  the  railroad
         line
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 8 of the  public  authorities  law  is  amended  by
    2  adding a new title 28-C to read as follows:
    3                                 TITLE 28-C
    4                         CORINTH AND WARREN RAILROAD
    5                                  AUTHORITY
    6  SECTION 2681.   SHORT TITLE.
    7          2681-A. DEFINITIONS.
    8          2681-B. CORINTH AND WARREN RAILROAD AUTHORITY.
    9          2681-C. PURPOSES OF THE AUTHORITY.
   10          2681-D. GENERAL POWERS OF THE AUTHORITY.
   11          2681-E. SPECIAL POWERS OF THE AUTHORITY.
   12          2681-F. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.
   13          2681-G. EXEMPTION FROM TAXATION.
   14          2681-H. ADVANCES ON BEHALF OF AUTHORITY; TRANSFER OF PROPERTY TO
   15                    AUTHORITY; ACQUISITION OF PROPERTY FOR AUTHORITY.
   16          2681-I. NEW  YORK  STATE  AND LOCAL EMPLOYEES' RETIREMENT SYSTEM
   17                    RIGHTS OF EMPLOYEES; CIVIL SERVICE.
   18          2681-J. EQUAL EMPLOYMENT OPPORTUNITY.
   19          2681-K. MONIES OF THE AUTHORITY.
   20          2681-L. CONTRACTS.
   21          2681-M. ANNUAL REPORT AND AUDIT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08936-01-5
       S. 3501                             2
    1          2681-N. DEFENSE AND INDEMNIFICATION.
    2          2681-O. ACTION BY OR AGAINST THE AUTHORITY.
    3          2681-P. TRACK, BRIDGE, SIGNAL, STATION AND OTHER FACILITY OPERA-
    4                    TION AND MAINTENANCE.
    5          2681-Q. STATE,  COUNTY,  TOWN  AND MUNICIPALITIES NOT LIABLE FOR
    6                    OBLIGATIONS OF THE AUTHORITY.
    7          2681-R. EFFECT OF INCONSISTENT PROVISIONS.
    8    S 2681. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
    9  "CORINTH AND WARREN RAILROAD AUTHORITY ACT".
   10    S 2681-A. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS  A
   11  DIFFERENT MEANING APPEARS FROM THE CONTEXT:
   12    1.   "AUTHORITY"   SHALL  MEAN  THE  CORPORATION  CREATED  BY  SECTION
   13  TWENTY-SIX HUNDRED EIGHTY-ONE-B OF THIS TITLE.
   14    2. "AUTHORITY FACILITIES" SHALL MEAN THE AUTHORITY'S RAILROAD  FACILI-
   15  TIES AND OPERATIONS PURSUANT TO JOINT SERVICE ARRANGEMENTS.
   16    3. "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
   17    4.  "CORINTH  AND  WARREN  RAILROAD LINE" SHALL MEAN THE RAILROAD LINE
   18  GENERALLY DESCRIBED AS LOCATED BETWEEN MILE POST 94.96 IN NORTH CREEK IN
   19  THE TOWN OF JOHNSBURG AND COUNTY OF  WARREN  AND  RUNNING  APPROXIMATELY
   20  FIFTY-SIX  MILES  TO  MILE POST 39.44 IN THE CITY OF SARATOGA SPRINGS IN
   21  THE COUNTY OF SARATOGA.
   22    5. "COUNTY" SHALL MEAN THE COUNTY OF WARREN.
   23    6. "EQUIPMENT" SHALL MEAN ROLLING STOCK,  VEHICLES,  MOTORS,  BOILERS,
   24  ENGINES,  WIRES, WAYS, CONDUITS AND MECHANISMS, MACHINERY, TOOLS, IMPLE-
   25  MENTS, MATERIALS, SUPPLIES, INSTRUMENTS  AND  DEVICES  OF  EVERY  NATURE
   26  WHATSOEVER  USED  OR  USEFUL  FOR  RAILROAD  AND  RELATED TRANSPORTATION
   27  PURPOSES OR FOR THE GENERATION OR TRANSMISSION OF MOTIVE POWER INCLUDING
   28  BUT NOT LIMITED TO ALL POWER HOUSES, AND ALL APPARATUS AND  ALL  DEVICES
   29  FOR  SIGNALING,  COMMUNICATIONS  AND  VENTILATION  AS  MAY BE NECESSARY,
   30  CONVENIENT OR DESIRABLE FOR THE  OPERATION  OF  A  RAILROAD  OR  RELATED
   31  TRANSPORTATION FACILITY.
   32    7. "JOINT SERVICE ARRANGEMENTS" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
   33  THE  AUTHORITY  AND  ANY COMMON CARRIER OR FREIGHT FORWARDER, THE STATE,
   34  THE FEDERAL GOVERNMENT, ANY OTHER STATE  OR  AGENCY  OR  INSTRUMENTALITY
   35  THEREOF,  ANY  PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE, OR ANY POLI-
   36  TICAL SUBDIVISION OR MUNICIPALITY OF THIS OR ANY OTHER  STATE,  RELATING
   37  TO  PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, RATES, FARES,
   38  CLASSIFICATIONS, DIVISIONS, ALLOWANCES OR CHARGES,  OR  RULES  OR  REGU-
   39  LATIONS  PERTAINING  THERETO, FOR OR IN CONNECTION WITH OR INCIDENTAL TO
   40  TRANSPORTATION IN PART IN OR UPON RAILROAD FACILITIES LOCATED WITHIN THE
   41  COUNTY OF WARREN OR TOWN OF CORINTH AND IN  PART  IN  OR  UPON  RAILROAD
   42  FACILITIES LOCATED OUTSIDE SAID COUNTY OR TOWN.
   43    8. "LEGISLATIVE BODY" OR "LEGISLATIVE BODIES" SHALL MEAN ANY OR ALL OF
   44  THE GOVERNING BOARDS OF THE COUNTY OF WARREN AND THE TOWN OF CORINTH.
   45    9.  "MUNICIPALITY"  SHALL MEAN ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
   46  DISTRICT, IMPROVEMENT DISTRICT, ANY OTHER SUCH INSTRUMENTALITY,  INCLUD-
   47  ING  AN AGENCY OR PUBLIC BENEFIT CORPORATION OF THE STATE, OR ANY OF THE
   48  FOREGOING, OR ANY COMBINATION THEREOF.
   49    10. "RAILROAD FACILITIES" SHALL MEAN RIGHT-OF-WAY AND  RELATED  TRACK-
   50  AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
   51  COMMUNICATION  AND  VENTILATION  SYSTEMS, POWER PLANTS, STATIONS, TERMI-
   52  NALS, PARKING  LOTS,  GARAGES,  WAREHOUSES,  STORAGE  YARDS,  INTERMODAL
   53  FACILITIES,  REPAIR  AND  MAINTENANCE SHOPS, YARDS, EQUIPMENT AND PARTS,
   54  OFFICES AND OTHER REAL ESTATE OR PERSONALTY USED OR HELD  FOR  OR  INCI-
   55  DENTAL  TO  THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY RAILROAD
   56  OPERATING OR TO OPERATE BETWEEN POINTS WITHIN THE COUNTY OF  WARREN  AND
       S. 3501                             3
    1  THE  COUNTY  OF  SARATOGA  OR  PURSUANT  TO  JOINT SERVICE ARRANGEMENTS,
    2  INCLUDING BUT NOT LIMITED TO BUILDINGS, STRUCTURES, AND  AREAS  NOTWITH-
    3  STANDING  THAT  PORTIONS  THEREOF  MAY  NOT  BE  DEVOTED TO ANY RAILROAD
    4  PURPOSE  OTHER  THAN  THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS
    5  AND EXPENSES OF ALL OR ANY FACILITIES OF THE AUTHORITY.
    6    11. "REAL PROPERTY"  SHALL  MEAN  LANDS,  STRUCTURES,  FRANCHISES  AND
    7  INTERESTS  IN  LAND,  WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND AIR
    8  RIGHTS AND ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID  TERM  AND
    9  INCLUDES  NOT  ONLY  FEES  SIMPLE  ABSOLUTE  BUT ALSO ANY AND ALL LESSER
   10  INTERESTS INCLUDING BUT NOT LIMITED TO EASEMENTS,  RIGHTS-OF-WAY,  USES,
   11  LEASES,  LICENSES  AND  ALL  OTHER  INCORPOREAL  HEREDITAMENTS AND EVERY
   12  ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS
   13  AND LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
   14    12. "TOWN" SHALL MEAN THE TOWN OF CORINTH IN THE COUNTY OF SARATOGA.
   15    S 2681-B. CORINTH AND WARREN RAILROAD AUTHORITY. 1.  THERE  IS  HEREBY
   16  CREATED  THE  "CORINTH  AND  WARREN RAILROAD AUTHORITY" WHICH SHALL BE A
   17  BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION.
   18    2. THE AUTHORITY SHALL CONTINUE FOR THIRTY YEARS  FROM  THE  EFFECTIVE
   19  DATE  OF  THIS  TITLE,  OR SO LONG AS IT SHALL HAVE BONDS OR OTHER OBLI-
   20  GATIONS OUTSTANDING OR UNTIL IT CAN NO LONGER SECURE OPERATIONS OF TRAIN
   21  SERVICES WHICH PROVIDE FREIGHT, PASSENGER AND  TOURIST  SERVICES  WITHIN
   22  THE RESOURCES AVAILABLE OR UNTIL ITS EXISTENCE SHALL OTHERWISE BE TERMI-
   23  NATED  BY LAW.   UPON THE TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
   24  ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE  COUNTY
   25  AND  THE  TOWN PURSUANT TO ANY AGREEMENTS AMONG THE COUNTY, THE TOWN AND
   26  THE AUTHORITY.
   27    3. THE AUTHORITY SHALL ADOPT BY-LAWS GOVERNING ITS OPERATION AND  KEEP
   28  A  RECORD OF ITS RESOLUTIONS, TRANSACTIONS, FINDINGS AND DETERMINATIONS,
   29  WHICH RECORD SHALL BE A PUBLIC RECORD.
   30    4. THE AUTHORITY SHALL CONSIST OF THE FOLLOWING SIX MEMBERS:
   31    (A) THE COUNTY LEGISLATIVE BODY OF  THE  COUNTY  SHALL  APPOINT  THREE
   32  VOTING  MEMBERS  OF THE AUTHORITY WHO SHALL BE RESIDENTS OF SUCH COUNTY,
   33  UPON THE RECOMMENDATION OF THE  CHIEF  EXECUTIVE  (COUNTY  EXECUTIVE  OR
   34  CHAIR OF THE COUNTY LEGISLATIVE BODY) OF THE COUNTY; AND
   35    (B)  THE  TOWN BOARD OF THE TOWN SHALL APPOINT THREE VOTING MEMBERS OF
   36  THE AUTHORITY WHO SHALL BE RESIDENTS OF SUCH TOWN, UPON THE  RECOMMENDA-
   37  TION OF THE SUPERVISOR OF THE TOWN.
   38    5.  THE  TERM  OF  OFFICE  OF  MEMBERS OF THE AUTHORITY SHALL BE THREE
   39  YEARS.  TWO OF THE INITIAL MEMBERS OF THE AUTHORITY SHALL  SERVE  A  ONE
   40  YEAR  TERM,  TWO SHALL SERVE A TWO YEAR TERM AND TWO SHALL SERVE A THREE
   41  YEAR TERM.
   42    6. ALL MEMBERS SHALL CONTINUE TO HOLD OFFICE  UNTIL  THEIR  SUCCESSORS
   43  ARE  APPOINTED  AND  QUALIFIED.  THE  RESIGNATION OF ANY MEMBER SHALL BE
   44  FILED WITH THE APPOINTING AUTHORITY  AND  SHALL  BE  EFFECTIVE  WHEN  SO
   45  FILED.    VACANCIES  OCCURRING  OTHERWISE  THAN BY EXPIRATION OF TERM OF
   46  OFFICE SHALL BE FILLED FOR THE UNEXPIRED TERM  IN  THE  SAME  MANNER  AS
   47  PROVIDED FOR THE ORIGINAL APPOINTMENT.
   48    7.  THE  CHAIRPERSON, VICE-CHAIRPERSON, SECRETARY, AND OTHER NECESSARY
   49  OFFICERS SHALL BE NAMED BY A MAJORITY VOTE OF ALL THE VOTING MEMBERS  TO
   50  SERVE FOR SUCH PERIOD AS THE MEMBERS SHALL DECIDE. THE CHAIRPERSON SHALL
   51  PRESIDE  OVER THE MEETINGS OF THE AUTHORITY AND SHALL APPOINT MEMBERS OF
   52  THE AUTHORITY TO COMMITTEES ESTABLISHED BY THE AUTHORITY TO  ASSIST  THE
   53  AUTHORITY IN CARRYING OUT ITS DUTIES.
   54    8.  ANY  MEMBER  OF  THE AUTHORITY MAY BE REMOVED BY RESOLUTION OF THE
   55  ENTITY WHICH APPOINTED SUCH MEMBER EITHER FOR CAUSE OR  FOR  NON-COMPLI-
       S. 3501                             4
    1  ANCE  WITH MINIMUM REQUIREMENTS RELATING TO MEETING ATTENDANCE AND OTHER
    2  CRITERIA AS MAY BE ESTABLISHED BY RESOLUTION OF SUCH ENTITY.
    3    9.  NO  PERSON  SHALL  BE  PRECLUDED  FROM  SERVING AS A MEMBER OF THE
    4  AUTHORITY AS APPOINTED BY THE COUNTY LEGISLATIVE BODY OR THE TOWN  BOARD
    5  PURSUANT  TO THIS SECTION BECAUSE SUCH MEMBER IS AN ELECTED OR APPOINTED
    6  OFFICIAL OF A MUNICIPALITY, EXCEPT THAT NO MEMBER OF THE AUTHORITY SHALL
    7  VOTE ON ANY MATTER BEFORE THE AUTHORITY WHICH HAS BEEN THE SUBJECT OF  A
    8  PROPOSAL,  APPLICATION  OR  VOTE BEFORE THE MUNICIPALITY WHERE HE OR SHE
    9  SERVES IN SUCH ELECTED OR APPOINTED CAPACITY.
   10    10. THE MEMBERS OF THE AUTHORITY SHALL RECEIVE NO  SALARY  OR  COMPEN-
   11  SATION  FOR THEIR SERVICES, BUT MAY BE REIMBURSED FOR AUTHORIZED, ACTUAL
   12  AND NECESSARY TRAVEL AND EXPENDITURES.
   13    11. A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE  AUTHORITY
   14  THEN  IN  OFFICE  SHALL  CONSTITUTE  A QUORUM FOR THE TRANSACTION OF ANY
   15  BUSINESS OR THE EXERCISE OF ANY POWER OF THE AUTHORITY.  NOTWITHSTANDING
   16  ANY  PROVISION OF STATUTE OR LAW TO THE CONTRARY AND EXCEPT AS OTHERWISE
   17  SPECIFIED IN THIS TITLE, FOR THE TRANSACTION  OF  ANY  BUSINESS  OR  THE
   18  EXERCISE  OF  ANY POWER OF THE AUTHORITY, THE AUTHORITY SHALL HAVE POWER
   19  TO ACT BY A MAJORITY OF THE  WHOLE  NUMBER  OF  VOTING  MEMBERS  OF  THE
   20  AUTHORITY.
   21    12.  THE  AUTHORITY  SHALL  BE  DEEMED  A STATE AGENCY FOR PURPOSES OF
   22  SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, PROVIDED, HOWEVER, THAT
   23  NO NON-VOTING MEMBER OF THE AUTHORITY SHALL  BE  DEEMED  AN  OFFICER  OR
   24  EMPLOYEE OF A STATE AGENCY.
   25    S  2681-C. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHORITY
   26  SHALL BE THE ADMINISTRATION, MANAGEMENT, CONTINUANCE,  FURTHER  DEVELOP-
   27  MENT  AND  IMPROVEMENT  OF  RAILROAD  TRANSPORTATION  AND OTHER SERVICES
   28  RELATED THERETO WITHIN THE COUNTIES  OF  WARREN  AND  SARATOGA  AND  THE
   29  PROMOTION  OF  TOURISM, FREIGHT AND PASSENGER TRANSPORTATION, IN ACCORD-
   30  ANCE WITH THE PROVISIONS OF THIS TITLE. IT SHALL BE THE FURTHER  PURPOSE
   31  OF THE AUTHORITY TO DEVELOP AND IMPLEMENT A UNIFIED RAILROAD TRANSPORTA-
   32  TION  POLICY AND STRATEGY FOR SUCH COUNTY AND TOWN.  WHEN ADMINISTERING,
   33  MANAGING, CONTINUING, DEVELOPING AND IMPROVING RAILROAD  FACILITIES,  OR
   34  FORMULATING  STRATEGIES,  POLICIES AND MAKING DECISIONS RELATED THERETO,
   35  THE AUTHORITY SHALL UNDERTAKE TO ENCOURAGE  AND  WORK  TO  CONTINUE  AND
   36  CAUSE  THE  GROWTH  OF  THE  OPERATION OF TOURISM TRAINS THAT PROVIDE AN
   37  ATTRACTION AND OPPORTUNITY FOR TOURISTS TO TAKE SCENIC TRAIN RIDES,  SKI
   38  TRAINS TO NORTH CREEK, THOMAS THE TANK, POLAR EXPRESS OR SIMILAR SPECIAL
   39  EVENTS  AND  OTHERWISE  CAUSE TRAIN OPERATIONS THAT NOT ONLY PROVIDE THE
   40  USUAL FREIGHT AND PASSENGER SERVICE,  BUT  ALSO  PROMOTE  AND  ENCOURAGE
   41  TOURISM IN AND AMONG THE COMMUNITIES ALONG THE RAIL LINE.
   42    2.  IT  IS  HEREBY  FOUND  AND  DECLARED THAT SUCH PURPOSES ARE IN ALL
   43  RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE  AND  THE  AUTHORITY
   44  SHALL  BE  REGARDED  AS PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN
   45  CARRYING OUT ITS PURPOSES AND IN EXERCISING THE POWERS GRANTED  BY  THIS
   46  TITLE.
   47    S 2681-D. GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMITED
   48  BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
   49    1. TO SUE AND BE SUED;
   50    2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
   51    3. TO BORROW MONEY;
   52    4. TO INVEST ANY FUNDS HELD IN RESERVE OR SINKING FUNDS, OR ANY MONIES
   53  NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE
   54  AUTHORITY,  IN  OBLIGATIONS  IN  WHICH  THE STATE COMPTROLLER MAY INVEST
   55  PURSUANT TO SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE  FINANCE
   56  LAW;
       S. 3501                             5
    1    5. TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
    2  MENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND
    3  THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
    4    6.  TO  ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRUMENTS
    5  NECESSARY OR CONVENIENT;
    6    7. TO ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL  PROPERTY  IN  THE
    7  EXERCISE OF ITS POWERS FOR ITS CORPORATE PURPOSES;
    8    8.  THE  AUTHORITY  MAY, WHENEVER IT SHALL DETERMINE THAT IT IS NOT IN
    9  CONFLICT WITH THE INTERESTS OR PURPOSES OF THE AUTHORITY, RENT, LEASE OR
   10  GRANT EASEMENTS OR OTHER RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORI-
   11  TY, INCLUDING THE GRANTING OF MUNICIPAL UTILITY EASEMENTS;
   12    9. TO APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY  REQUIRE  FOR  THE
   13  PERFORMANCE  OF  ITS  DUTIES,  AND TO FIX AND DETERMINE THEIR QUALIFICA-
   14  TIONS, DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY  COUNSEL,  AUDI-
   15  TORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE
   16  FOR  RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE; SUCH COUN-
   17  SEL, AUDITORS, ENGINEERS, AND PRIVATE CONSULTANTS, OFFICERS AND  EMPLOY-
   18  EES MAY NOT BE A MEMBER OF THE AUTHORITY;
   19    10.  TO  MAKE  PLANS,  SURVEYS,  AND  STUDIES NECESSARY, CONVENIENT OR
   20  DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
   21  TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
   22    11. TO CONTRACT FOR AND ACCEPT ANY GIFTS OR GRANTS, SUBSIDIES OR LOANS
   23  OF FUNDS OR PROPERTY OR FINANCIAL OR OTHER AID  IN  ANY  FORM  FROM  THE
   24  FEDERAL OR STATE GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR
   25  FROM  ANY OTHER SOURCE, PUBLIC OR PRIVATE, AND TO COMPLY, SUBJECT TO THE
   26  PROVISIONS OF THIS TITLE, WITH THE TERMS AND CONDITIONS THEREOF;
   27    12. TO DESIGNATE THE DEPOSITORIES OF ITS MONEY;
   28    13. TO ESTABLISH ITS FISCAL YEAR; AND
   29    14. TO DO ALL THINGS NECESSARY OR CONVENIENT OR DESIRABLE TO CARRY OUT
   30  ITS PURPOSES AND EXERCISE THE POWERS EXPRESSLY GIVEN IN THIS TITLE.
   31    S 2681-E. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE  THE
   32  PURPOSES OF THIS TITLE: 1. THE AUTHORITY MAY ACQUIRE, BY PURCHASE, GIFT,
   33  GRANT,  TRANSFER,  CONTRACT  OR  LEASE, ANY RAILROAD FACILITY, WHOLLY OR
   34  PARTIALLY WITHIN THE COUNTY OR TOWN OR ANY  PART  THEREOF,  OR  THE  USE
   35  THEREOF,  AND  MAY ENTER INTO ANY JOINT SERVICE ARRANGEMENTS AS PROVIDED
   36  IN THIS SECTION. ANY SUCH ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL
   37  BE AUTHORIZED ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY  NOT  LESS
   38  THAN  A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE AUTHORITY.
   39  IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER POWER  CONFERRED  UPON
   40  THE  AUTHORITY  BY THE PROVISIONS OF THIS TITLE, THE AUTHORITY IS HEREBY
   41  EMPOWERED AND AUTHORIZED IN RESPECT OF ANY PROPERTY AND  ASSETS  AT  ANY
   42  TIME  OWNED  OR  HELD  BY,  OR UNDER THE JURISDICTION OF, THE STATE, ANY
   43  POLITICAL SUBDIVISION THEREOF, OR ANY PRIVATE OR OTHER  PUBLIC  CONCERN,
   44  TO  ACCEPT  AND RECEIVE ANY SUCH INTEREST THEREIN AS IT MAY HAVE BEEN OR
   45  MAY HEREAFTER BE DESIGNATED BY  THE  STATE,  ANY  POLITICAL  SUBDIVISION
   46  THEREOF,  OR ANY OTHER PUBLIC OR PRIVATE CONCERN, BY LAW OR OTHER LAWFUL
   47  MEANS TO RECEIVE, AND IN RESPECT THEREOF, EXCEPT AS  OTHERWISE  PROVIDED
   48  BY  THE DESIGNATING STATUTE OR CONTRACTUAL INSTRUMENT, IT SHALL HAVE AND
   49  EXERCISE ALL OF THE POWERS AND JURISDICTION HEREIN CONFERRED UPON IT  IN
   50  RESPECT  OF  ANY OTHER PROPERTY, RIGHTS, ASSETS, FACILITIES AND PROJECTS
   51  IN ANY OTHER MANNER ACQUIRED OR FROM ANY OTHER  SOURCE  RECEIVED  BY  IT
   52  PURSUANT TO THE PROVISIONS OF THIS TITLE.
   53    2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
   54  DETERMINE   NECESSARY,   CONVENIENT   OR   DESIRABLE  ITSELF  ESTABLISH,
   55  CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE,  EXTEND  OR
   56  REPAIR  ANY  SUCH  RAILROAD FACILITY, OR MAY PROVIDE FOR SUCH ESTABLISH-
       S. 3501                             6
    1  MENT, CONSTRUCTION, EFFECTUATION,  OPERATION,  MAINTENANCE,  RENOVATION,
    2  IMPROVEMENT,  EXTENSION  OR REPAIR BY CONTRACT, LEASE, OR OTHER ARRANGE-
    3  MENT ON SUCH TERMS AS THE AUTHORITY MAY DEEM  NECESSARY,  CONVENIENT  OR
    4  DESIRABLE  WITH  ANY  PERSON,  INCLUDING, BUT NOT LIMITED TO, ANY COMMON
    5  CARRIER OR FREIGHT FORWARDER  OR  OTHER  PRIVATE  FOR-PROFIT  FIRM,  THE
    6  STATE,  ANY AGENCY OR THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER STATE
    7  OR AGENCY OR INSTRUMENTALITY THEREOF, ANY  NON-PROFIT  CORPORATION,  ANY
    8  PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE OR ANY POLITICAL SUBDIVISION
    9  OR  MUNICIPALITY  OF  THE STATE. IN CONNECTION WITH THE OPERATION OF ANY
   10  SUCH RAILROAD FACILITY, THE AUTHORITY MAY ESTABLISH, CONSTRUCT, EFFECTU-
   11  ATE, OPERATE, MAINTAIN, RENOVATE,  IMPROVE,  EXTEND  OR  REPAIR  OR  MAY
   12  PROVIDE  BY  CONTRACT, LEASE OR OTHER ARRANGEMENT FOR THE ESTABLISHMENT,
   13  CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENOVATION, IMPROVE-
   14  MENT, EXTENSION OR REPAIR OF ANY  RELATED  SERVICES  AND  ACTIVITIES  IT
   15  DEEMS NECESSARY, CONVENIENT OR DESIRABLE, INCLUDING, BUT NOT LIMITED TO,
   16  THE  TRANSPORTATION  AND  STORAGE OF FREIGHT AND THE UNITED STATES MAIL,
   17  FEEDER AND  CONNECTING  TRANSPORTATION,  PARKING  AREAS,  TRANSPORTATION
   18  CENTERS, STATIONS AND RELATED FACILITIES.
   19    3. THE AUTHORITY MAY ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTAB-
   20  LISHED,  LEVIED  AND  COLLECTED  AND,  IN  THE  CASE  OF A JOINT SERVICE
   21  ARRANGEMENT, JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND  COLLECTION
   22  OF  SUCH  FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES AS IT MAY
   23  DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
   24  RAILROAD FACILITY AND RELATED SERVICES  OPERATED  BY  THE  AUTHORITY  OR
   25  UNDER  CONTRACT,  LEASE  OR  OTHER  ARRANGEMENT, INCLUDING JOINT SERVICE
   26  ARRANGEMENTS, WITH THE AUTHORITY.
   27    4. THE AUTHORITY MAY ESTABLISH AND,  IN  THE  CASE  OF  JOINT  SERVICE
   28  ARRANGEMENTS,  JOIN  WITH  OTHERS IN THE ESTABLISHMENT OF SUCH SCHEDULES
   29  AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
   30  ING BUT NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE  CONDUCT  AND
   31  SAFETY  OF  THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE
   32  FOR THE USE AND OPERATION OF ANY RAILROAD FACILITY AND RELATED  SERVICES
   33  OPERATED BY THE AUTHORITY OR UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT,
   34  INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY.
   35    5.  THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH, CONSTRUCT,
   36  EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR  REPAIR  ANY
   37  OF ITS FACILITIES.
   38    6.  THE  AUTHORITY,  IN  ITS  OWN  NAME, MAY APPLY FOR AND RECEIVE AND
   39  ACCEPT GRANTS OF PROPERTY,  MONEY  AND  SERVICES  AND  OTHER  ASSISTANCE
   40  OFFERED  OR  MADE  AVAILABLE  TO  IT BY ANY PERSON, GOVERNMENT OR AGENCY
   41  WHICH IT MAY USE TO MEET CAPITAL OR OPERATING EXPENSES AND FOR ANY OTHER
   42  USE WITHIN THE SCOPE OF ITS POWERS, AND TO NEGOTIATE FOR THE  SAME  UPON
   43  SUCH  TERMS  AND  CONDITIONS AS THE AUTHORITY MAY DETERMINE TO BE NECES-
   44  SARY, CONVENIENT OR DESIRABLE.
   45    7. THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY,  CONVENIENT  OR
   46  DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
   47  RAILROAD  FACILITIES,  EQUIPMENT  OR  REAL PROPERTY OPERATED BY OR UNDER
   48  CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. EXCEPT AS HERE-
   49  INAFTER SPECIALLY PROVIDED, NO MUNICIPALITY  OR  POLITICAL  SUBDIVISION,
   50  INCLUDING  BUT NOT LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR SCHOOL OR
   51  OTHER DISTRICT SHALL  HAVE  JURISDICTION  OVER  ANY  FACILITIES  OF  THE
   52  AUTHORITY OR ANY OF ITS ACTIVITIES OR OPERATIONS. THE LOCAL LAWS, RESOL-
   53  UTIONS, ORDINANCES, RULES AND REGULATIONS OF A MUNICIPALITY OR POLITICAL
   54  SUBDIVISION  IN  THE  STATE  CONFLICTING  WITH THIS TITLE OR ANY RULE OR
   55  REGULATION OF THE AUTHORITY, SHALL NOT BE APPLICABLE TO  THE  ACTIVITIES
   56  OR  OPERATIONS  OF  THE  AUTHORITY,  OR THE FACILITIES OF THE AUTHORITY,
       S. 3501                             7
    1  EXCEPT SUCH FACILITIES THAT ARE DEVOTED TO PURPOSES OTHER THAN TRANSPOR-
    2  TATION PURPOSES. THE AUTHORITY MAY AGREE WITH THE DEPARTMENT  OF  TRANS-
    3  PORTATION  FOR  THE  EXECUTION  BY SUCH DEPARTMENT OF ANY GRADE CROSSING
    4  ELIMINATION  PROJECT  OR  ANY  GRADE  CROSSING SEPARATION RECONSTRUCTION
    5  PROJECT ALONG ANY RAILROAD FACILITY OPERATED BY THE AUTHORITY  OR  UNDER
    6  CONTRACT,  LEASE  OR  OTHER  ARRANGEMENT  WITH  THE  AUTHORITY. ANY SUCH
    7  PROJECT SHALL BE EXECUTED AS PROVIDED IN ARTICLE TEN OF THE  TRANSPORTA-
    8  TION  LAW  AND THE RAILROAD LAW, RESPECTIVELY, AND THE COSTS OF ANY SUCH
    9  PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS.
   10    S 2681-F. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.  1.  TO  AVOID
   11  DUPLICATION OF EFFORT AND IN THE INTERESTS OF ECONOMY, THE AUTHORITY MAY
   12  MAKE  USE  OF EXISTING STUDIES, SURVEYS, PLANS, DATA AND OTHER MATERIALS
   13  IN THE POSSESSION OF ANY STATE AGENCY OR ANY MUNICIPALITY  OR  POLITICAL
   14  SUBDIVISION  OF THE STATE. EACH SUCH AGENCY, MUNICIPALITY OR SUBDIVISION
   15  LOCATED IN OR SERVING SOME PORTION OF THE STATE IS HEREBY AUTHORIZED  TO
   16  MAKE  THE  SAME AVAILABLE TO THE AUTHORITY AND OTHERWISE TO ASSIST IT IN
   17  THE PERFORMANCE OF ITS FUNCTIONS. AT THE REQUEST OF THE AUTHORITY,  EACH
   18  SUCH  AGENCY,  MUNICIPALITY  OR  SUBDIVISION  LOCATED IN OR SERVING SOME
   19  PORTION OF THE STATE WHICH IS ENGAGED IN RAILROAD OR  OTHER  TRANSPORTA-
   20  TION  ACTIVITIES  OR  IN  LAND  USE OR DEVELOPMENT PLANNING, OR WHICH IS
   21  CHARGED WITH THE DUTY OF  PROVIDING  OR  REGULATING  ANY  TRANSPORTATION
   22  FACILITY  OR ANY OTHER PUBLIC FACILITY, IS FURTHER AUTHORIZED TO PROVIDE
   23  THE AUTHORITY WITH INFORMATION REGARDING ITS PLANS AND PROGRAMS  AFFECT-
   24  ING  RAILROAD  TRANSPORTATION  WITHIN THE PARTICIPATING COUNTIES SO THAT
   25  THE AUTHORITY MAY HAVE AVAILABLE TO IT CURRENT INFORMATION WITH  RESPECT
   26  THERETO.  THE OFFICERS AND PERSONNEL OF SUCH AGENCIES, MUNICIPALITIES OR
   27  SUBDIVISIONS, AND OF ANY OTHER GOVERNMENT OR AGENCY WHATEVER, MAY  SERVE
   28  AT  THE  REQUEST  OF  THE AUTHORITY UPON SUCH ADVISORY COMMITTEES AS THE
   29  AUTHORITY SHALL DETERMINE TO CREATE AND SUCH OFFICERS AND PERSONNEL  MAY
   30  SERVE  UPON  SUCH  COMMITTEES WITHOUT FORFEITURE OF OFFICE OR EMPLOYMENT
   31  AND WITH NO LOSS OR DIMINUTION IN THE COMPENSATION, STATUS,  RIGHTS  AND
   32  PRIVILEGES WHICH THEY OTHERWISE ENJOY.
   33    2.  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF LAW, THE COUNTY, EVERY
   34  MUNICIPALITY LOCATED IN THE COUNTY  AND  THE  TOWN  ARE  AUTHORIZED  AND
   35  EMPOWERED TO CONSENT TO THE USE BY THE AUTHORITY OF ANY REAL OR PERSONAL
   36  PROPERTY  OWNED  BY  ANY  SUCH MUNICIPALITY AND NECESSARY, CONVENIENT OR
   37  DESIRABLE IN THE OPINION OF THE AUTHORITY FOR ANY OF THE  FACILITIES  OR
   38  PROJECTS  AUTHORIZED  UNDER  THIS TITLE, INCLUDING SUCH REAL PROPERTY AS
   39  HAS ALREADY BEEN DEVOTED TO A PUBLIC USE, AND AS  AN  INCIDENT  TO  SUCH
   40  CONSENT,  TO LEASE OR OTHERWISE TRANSFER AND CONVEY TO THE AUTHORITY ANY
   41  SUCH REAL OR PERSONAL PROPERTY UPON SUCH TERMS AS MAY BE  DETERMINED  BY
   42  THE AUTHORITY AND ANY SUCH MUNICIPALITY. EVERY SUCH MUNICIPALITY ALSO IS
   43  AUTHORIZED AND EMPOWERED, AS AN INCIDENT TO SUCH CONSENT, TO VEST IN THE
   44  AUTHORITY THE CONTROL, POSSESSION, OPERATION, MAINTENANCE, RENTS, CHARG-
   45  ES  AND  ANY  AND  ALL OTHER REVENUES OF ANY FACILITIES NOW OWNED BY ANY
   46  SUCH MUNICIPALITY, THE TITLE TO SUCH FACILITIES REMAINING IN SUCH  MUNI-
   47  CIPALITY.
   48    S 2681-G. EXEMPTION FROM TAXATION. 1. IT IS HEREBY DETERMINED THAT THE
   49  CREATION  OF  THE  AUTHORITY  AND THE CARRYING OUT OF ITS PURPOSES UNDER
   50  THIS TITLE ARE IN ALL RESPECTS FOR THE BENEFIT  OF  THE  PEOPLE  OF  THE
   51  STATE  OF  NEW  YORK AND IS A PUBLIC PURPOSE. ACCORDINGLY, THE AUTHORITY
   52  SHALL BE REGARDED AS PERFORMING AN ESSENTIAL  GOVERNMENTAL  FUNCTION  IN
   53  THE  EXERCISE  OF  THE  POWERS  CONFERRED UPON IT BY THIS TITLE, AND THE
   54  AUTHORITY SHALL NOT BE REQUIRED TO PAY ANY FEES, TAXES, SPECIAL AD VALO-
   55  REM LEVIES OR ASSESSMENTS OF ANY KIND, WHETHER STATE OR LOCAL, INCLUDING
   56  BUT NOT LIMITED TO FEES, TAXES, SPECIAL AD VALOREM LEVIES OR ASSESSMENTS
       S. 3501                             8
    1  ON REAL PROPERTY, FRANCHISE TAXES, SALES TAXES OR OTHER TAXES,  UPON  OR
    2  WITH  RESPECT  TO  ANY  PROPERTY  OWNED BY IT OR UNDER ITS JURISDICTION,
    3  CONTROL OR SUPERVISION, OR UPON  THE  USES  THEREOF,  OR  UPON  OR  WITH
    4  RESPECT  TO  ITS  ACTIVITIES  OR OPERATIONS IN FURTHERANCE OF THE POWERS
    5  CONFERRED UPON IT BY THIS TITLE, OR UPON OR WITH RESPECT TO  ANY  FARES,
    6  TOLLS,  RENTALS, RATES, CHARGES, FEES, REVENUES OR OTHER INCOME RECEIVED
    7  BY THE AUTHORITY, EXCEPT THAT THE  AUTHORITY  SHALL  PAY  REAL  PROPERTY
    8  TAXES,  SPECIAL  AD  VALOREM  LEVIES AND ASSESSMENTS ON THAT PART OF THE
    9  RAILROAD TRACKS AND PROPERTY OWNED BY THE COUNTY ON THE  EFFECTIVE  DATE
   10  OF  THIS  TITLE  AND  LOCATED IN THE COUNTY OF SARATOGA, AND ON RAILROAD
   11  TRACKS AND PROPERTY OWNED BY THE TOWN ON  THE  EFFECTIVE  DATE  OF  THIS
   12  TITLE AND LOCATED OUTSIDE OF THE TOWN.
   13    2.  NOTWITHSTANDING  SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY OR
   14  ANY LESSEES OF THE AUTHORITY SHALL BE REQUIRED TO PAY  WATER  AND  SEWER
   15  FEES,  WATER AND SEWER ASSESSMENTS OR WATER AND SEWER SPECIAL AD VALOREM
   16  LEVIES, EXCEPT THAT SUCH TAXING JURISDICTIONS  WHERE  THE  AUTHORITY  IS
   17  REQUIRED  TO  PAY  REAL PROPERTY TAXES AND SPECIAL AD VALOREM LEVIES AND
   18  ASSESSMENTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   19    3. THE AUTHORITY MAY PAY, OR MAY ENTER INTO AGREEMENTS WITH ANY  MUNI-
   20  CIPALITY,  INCLUDING SCHOOL DISTRICTS, TO PAY, A SUM OR SUMS ANNUALLY OR
   21  OTHERWISE OR TO PROVIDE OTHER CONSIDERATIONS WITH RESPECT TO REAL  PROP-
   22  ERTY OWNED BY THE AUTHORITY LOCATED WITHIN SUCH MUNICIPALITY.
   23    S  2681-H.  ADVANCES  ON  BEHALF OF AUTHORITY; TRANSFER OF PROPERTY TO
   24  AUTHORITY; ACQUISITION OF PROPERTY FOR AUTHORITY. 1. IN ADDITION TO  ANY
   25  POWERS  GRANTED  TO  IT BY LAW, THE COUNTY OR THE TOWN MAY BY RESOLUTION
   26  ADVANCE SUMS OF MONEY TO OR ON BEHALF OF THE AUTHORITY TO  DEFRAY  COSTS
   27  OR  EXPENSES OF THE AUTHORITY TO BE INCURRED PRIOR TO THE FIRST ISSUANCE
   28  OF BONDS. SUBJECT TO THE RIGHTS OF ANY BONDHOLDERS, THE MONEYS SO APPRO-
   29  PRIATED MAY BE REPAID BY THE AUTHORITY TO THE COUNTY OR THE TOWN AT SUCH
   30  TIME AND IN SUCH MANNER AS MAY BE AGREED UPON BETWEEN THE AUTHORITY  AND
   31  THE COUNTY OR THE TOWN.
   32    2.  THE COUNTY OR THE TOWN OR ANY OTHER MUNICIPALITY ALONG THE CORINTH
   33  AND WARREN RAILROAD LINE MAY BY RESOLUTION GIVE,  GRANT,  SELL,  CONVEY,
   34  LEND,  OR  LICENSE  THE USE OF OR LEASE TO THE AUTHORITY ANY PROPERTY OR
   35  FACILITY WHICH IS USEFUL TO THE AUTHORITY IN  ORDER  TO  CARRY  OUT  ITS
   36  POWERS  UNDER  THIS  TITLE.  ANY SUCH TRANSFER OF PROPERTY SHALL BE UPON
   37  SUCH TERMS AND CONDITIONS, SUBJECT TO THE RIGHTS OF ANY BONDHOLDERS,  AS
   38  THE AUTHORITY AND THE COUNTY, THE TOWN OR THE MUNICIPALITY MAY AGREE.
   39    3.  NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL, SPECIAL,
   40  OR LOCAL, REAL PROPERTY ACQUIRED BY THE AUTHORITY OR THE COUNTY  OR  THE
   41  TOWN FROM THE STATE MAY BE USED FOR ANY CORPORATE PURPOSE OF THE AUTHOR-
   42  ITY.
   43    S 2681-I. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM RIGHTS
   44  OF  EMPLOYEES;  CIVIL  SERVICE.  1. IN ACCORDANCE WITH THE PROVISIONS OF
   45  SECTION SEVENTY OF THE CIVIL SERVICE LAW, ANY OFFICER OR EMPLOYEE  OF  A
   46  MUNICIPALITY  TRANSFERRED  TO  THE  AUTHORITY SHALL BE ELIGIBLE FOR SUCH
   47  TRANSFER AND APPOINTMENT, WITHOUT  FURTHER  EXAMINATION,  TO  APPLICABLE
   48  OFFICES, POSITIONS AND EMPLOYMENT UNDER THE AUTHORITY. ANY SUCH OFFICERS
   49  OR  EMPLOYEES  SO TRANSFERRED TO THE AUTHORITY PURSUANT TO THIS SECTION,
   50  WHO ARE MEMBERS OF OR BENEFIT UNDER ANY EXISTING PENSION  OR  RETIREMENT
   51  FUND  OR  SYSTEM,  SHALL  CONTINUE TO HAVE ALL RIGHTS, PRIVILEGES, OBLI-
   52  GATIONS AND STATUS WITH RESPECT TO  SUCH  FUND  OR  SYSTEM  AS  ARE  NOW
   53  PRESCRIBED BY LAW.
   54    2.  NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED (A) TO DIMINISH
   55  THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT OR
   56  (B) TO AFFECT EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE  PUBLIC
       S. 3501                             9
    1  EMPLOYMENT  RELATIONS  BOARD  SEEKING  A  DESIGNATION  BY THE BOARD THAT
    2  CERTAIN PERSONS ARE MANAGERIAL OR CONFIDENTIAL.
    3    S  2681-J.  EQUAL  EMPLOYMENT  OPPORTUNITY. THE AUTHORITY SHALL ENSURE
    4  THAT ALL EMPLOYEES OR  APPLICANTS  FOR  EMPLOYMENT  ARE  AFFORDED  EQUAL
    5  OPPORTUNITY  EMPLOYMENT  WITHOUT  DISCRIMINATION ON ANY BASIS PROHIBITED
    6  UNDER SUBDIVISION TWO OF SECTION FORTY-C OF THE CIVIL RIGHTS LAW.
    7    S 2681-K. MONIES OF THE AUTHORITY. ALL MONIES OF  THE  AUTHORITY  FROM
    8  WHATEVER  SOURCE DERIVED SHALL BE PAID TO THE TREASURER OF THE AUTHORITY
    9  AND SHALL BE DEPOSITED FORTHWITH IN AN  INTEREST-BEARING  ACCOUNT  IN  A
   10  BANK  OR  BANKS DESIGNATED BY THE AUTHORITY. THE MONIES IN SUCH ACCOUNTS
   11  SHALL BE PAID OUT OR WITHDRAWN ON THE ORDER OF SUCH PERSON OR PERSONS AS
   12  THE AUTHORITY MAY AUTHORIZE TO MAKE SUCH REQUISITIONS. ALL  DEPOSITS  OF
   13  SUCH  MONIES  SHALL BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF
   14  THE STATE OR OF ANY MUNICIPALITY OF A MARKET VALUE EQUAL AT ALL TIMES TO
   15  THE AMOUNT ON DEPOSIT AND ALL BANKS AND TRUST COMPANIES  ARE  AUTHORIZED
   16  TO  GIVE  SUCH  SECURITY  FOR  SUCH DEPOSITS. TO THE EXTENT PRACTICABLE,
   17  CONSISTENT WITH THE CASH REQUIREMENTS OF THE AUTHORITY, ALL SUCH  MONIES
   18  SHALL  BE  DEPOSITED  IN  INTEREST-BEARING  ACCOUNTS.  ANY MONIES OF THE
   19  AUTHORITY NOT  REQUIRED  FOR  IMMEDIATE  USE  OR  DISBURSEMENT  MAY,  BE
   20  INVESTED  IN  ACCORDANCE  WITH SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF
   21  THE STATE FINANCE LAW.
   22    S 2681-L. CONTRACTS. 1. ALL CONTRACTS  FOR  THE  CONSTRUCTION,  RECON-
   23  STRUCTION, REHABILITATION OR IMPROVEMENT OF BUILDINGS LET BY THE AUTHOR-
   24  ITY  SHALL  COMPLY  WITH THE PROVISIONS OF SECTION TWO HUNDRED TWENTY OF
   25  THE LABOR LAW AND SHALL ALSO BE SUBJECT TO THE PROVISIONS OF LAW  APPLI-
   26  CABLE  TO  CONTRACTS LET BY A MUNICIPAL CORPORATION, EXCEPT AS OTHERWISE
   27  PROVIDED IN THIS TITLE.
   28    2. ALL CONTRACTS FOR THE CONSTRUCTION, RECONSTRUCTION,  REHABILITATION
   29  OR  IMPROVEMENT OF BUILDINGS LET BY THE AUTHORITY SHALL BE IN CONFORMITY
   30  WITH THE APPLICABLE PROVISIONS OF SECTION ONE HUNDRED THIRTY-FIVE OF THE
   31  STATE FINANCE LAW.
   32    3. THE AUTHORITY MAY, IN ITS DISCRETION, ASSIGN CONTRACTS  FOR  SUPER-
   33  VISION  AND COORDINATION TO THE SUCCESSFUL BIDDER FOR ANY SUBDIVISION OF
   34  WORK FOR WHICH THE AUTHORITY RECEIVES BIDS.  ANY  CONSTRUCTION  CONTRACT
   35  AWARDED  BY  THE AUTHORITY SHALL CONTAIN SUCH OTHER TERMS AND CONDITIONS
   36  AS THE AUTHORITY MAY DEEM  DESIRABLE.  THE  AUTHORITY  SHALL  AWARD  ANY
   37  CONSTRUCTION  CONTRACT INVOLVING AN EXPENDITURE OF MORE THAN THIRTY-FIVE
   38  THOUSAND DOLLARS TO THE LOWEST BIDDER WHO, IN ITS OPINION, IS  QUALIFIED
   39  TO  PERFORM  THE  WORK REQUIRED AND WHO IS RESPONSIBLE AND RELIABLE. THE
   40  AUTHORITY MAY, HOWEVER, REJECT ANY OR ALL BIDS OR WAIVE ANY  INFORMALITY
   41  IN A BID IF IT BELIEVES THAT THE PUBLIC INTEREST WILL BE PROMOTED THERE-
   42  BY.  THE AUTHORITY MAY REJECT ANY BID, IF, IN ITS JUDGMENT, THE BUSINESS
   43  AND TECHNICAL ORGANIZATION, PLANT,  RESOURCES,  FINANCIAL  STANDING,  OR
   44  EXPERIENCE OF THE BIDDER JUSTIFIES SUCH REJECTION IN VIEW OF THE WORK TO
   45  BE PERFORMED.
   46    4.  FOR  THE  PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW ONLY,
   47  THE AUTHORITY SHALL BE DEEMED A STATE AGENCY AS THAT  TERM  IS  USED  IN
   48  SUCH  ARTICLE,  AND ALL CONTRACTS FOR PROCUREMENT, DESIGN, CONSTRUCTION,
   49  SERVICES AND MATERIALS SHALL BE DEEMED STATE CONTRACTS WITHIN THE  MEAN-
   50  ING OF THAT TERM AS SET FORTH IN SUCH ARTICLE.
   51    S  2681-M.  ANNUAL REPORT AND AUDIT. IN CONFORMITY WITH THE PROVISIONS
   52  OF SECTION FIVE OF ARTICLE TEN OF THE CONSTITUTION, THE ACCOUNTS OF  THE
   53  AUTHORITY  SHALL BE SUBJECT TO THE SUPERVISION OF THE COMPTROLLER AND AN
   54  ANNUAL AUDIT SHALL BE  PERFORMED  BY  AN  INDEPENDENT  CERTIFIED  PUBLIC
   55  ACCOUNTANT.  THE  AUTHORITY SHALL ANNUALLY SUBMIT TO THE COUNTY LEGISLA-
   56  TURE, TOWN BOARD, GOVERNOR AND THE COMPTROLLER AND TO THE CHAIRPERSON OF
       S. 3501                            10
    1  THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF  THE  ASSEMBLY  WAYS
    2  AND  MEANS  COMMITTEE  A  DETAILED  REPORT PURSUANT TO THE PROVISIONS OF
    3  SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER, AND A COPY OF SUCH  REPORT
    4  SHALL BE FILED WITH THE CLERK OF THE COUNTY LEGISLATURE AND THE CLERK OF
    5  THE TOWN BOARD.
    6    S  2681-N.  DEFENSE  AND  INDEMNIFICATION.  1. THE AUTHORITY SHALL NOT
    7  EXECUTE ANY OF ITS POWERS EXCEPT AS NECESSARY TO COMMENCE ITS  CORPORATE
    8  EXISTENCE,  UNTIL  IT HAS ELECTED TO MAKE THE PROVISION OF SECTION EIGH-
    9  TEEN OF THE PUBLIC OFFICERS LAW APPLICABLE TO  ITS  EMPLOYEES  (AS  SUCH
   10  TERM IS DEFINED IN SECTION EIGHTEEN OF THE PUBLIC OFFICERS LAW) PURSUANT
   11  TO  SUBDIVISION  TWO  OF  SUCH  SECTION; PROVIDED, HOWEVER, THAT NOTHING
   12  CONTAINED WITHIN THIS SECTION SHALL BE DEEMED TO PERMIT THE AUTHORITY TO
   13  EXTEND THE PROVISIONS OF SECTION EIGHTEEN OF  THE  PUBLIC  OFFICERS  LAW
   14  UPON ANY INDEPENDENT CONTRACTOR.
   15    2.  NEITHER THE MEMBERS OF THE AUTHORITY, NOR THE COUNTY, THE TOWN, OR
   16  ANY MUNICIPALITY, OFFICER OR EMPLOYEE ACTING ON THE AUTHORITY'S  BEHALF,
   17  WHILE  ACTING  WITHIN  THE  SCOPE OF HIS, HER OR ITS AUTHORITY, SHALL BE
   18  SUBJECT TO ANY PERSONAL LIABILITY RESULTING FROM THE CONSTRUCTION, MAIN-
   19  TENANCE OR OPERATION OF ANY OF THE PROPERTIES OF THE AUTHORITY  OR  FROM
   20  CARRYING  OUT ANY OF THE POWERS EXPRESSLY GIVEN IN THIS TITLE; PROVIDED,
   21  HOWEVER, THAT THIS SHALL  NOT  BE  HELD  TO  APPLY  TO  ANY  INDEPENDENT
   22  CONTRACTOR.
   23    S  2681-O.  ACTION BY OR AGAINST THE AUTHORITY. 1. EXCEPT IN AN ACTION
   24  FOR WRONGFUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE  PROSECUTED
   25  OR  MAINTAINED AGAINST THE AUTHORITY, ITS MEMBERS, OFFICERS OR EMPLOYEES
   26  FOR PERSONAL INJURY OR DAMAGE TO REAL OR PERSONAL  PROPERTY  ALLEGED  TO
   27  HAVE BEEN SUSTAINED BY REASON OF THE NEGLIGENCE, TORT OR WRONGFUL ACT OF
   28  THE  AUTHORITY  OR  OF  ANY  MEMBER, OFFICER, AGENT OR EMPLOYEE THEREOF,
   29  UNLESS (A) NOTICE OF CLAIM SHALL HAVE BEEN  MADE  AND  SERVED  UPON  THE
   30  AUTHORITY  WITHIN  THE  TIME LIMIT SET BY AND IN COMPLIANCE WITH SECTION
   31  FIFTY-E OF THE GENERAL MUNICIPAL LAW, (B) IT SHALL APPEAR BY AND  AS  AN
   32  ALLEGATION  IN  THE COMPLAINT OR MOVING PAPERS THAT AT LEAST THIRTY DAYS
   33  HAVE ELAPSED SINCE THE SERVICE OF SUCH NOTICE  AND  THAT  ADJUSTMENT  OR
   34  PAYMENT  THEREOF  HAS  BEEN  NEGLECTED OR REFUSED, AND (C) THE ACTION OR
   35  SPECIAL PROCEEDING SHALL BE COMMENCED WITHIN ONE YEAR  AND  NINETY  DAYS
   36  AFTER  THE  HAPPENING  OF  THE  EVENT  UPON WHICH THE CLAIM IS BASED. AN
   37  ACTION AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL  BE  COMMENCED  IN
   38  ACCORDANCE  WITH  THE  NOTICE OF CLAIM AND TIME LIMITATION PROVISIONS OF
   39  TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
   40    2. WHENEVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY,  IT  SHALL
   41  HAVE  THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
   42  OCCURRENCE AND EXTENT OF THE INJURIES OR  DAMAGES  FOR  WHICH  CLAIM  IS
   43  MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
   44  AL MUNICIPAL LAW.
   45    3.  THE  AUTHORITY  SHALL HAVE POWER TO SETTLE OR ADJUST ALL CLAIMS IN
   46  FAVOR OF OR AGAINST THE AUTHORITY.
   47    4. ANY ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR  THE  PEOPLE  OF
   48  THE STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDI-
   49  TY  OF  THIS  TITLE,  SHALL  BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF
   50  ACTION OR CASES, EXCEPT ELECTION CAUSES  OF  ACTION  OR  CASES,  IN  ALL
   51  COURTS  OF  THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO
   52  ALL OTHER CIVIL BUSINESS PENDING THEREIN EXCEPT ELECTION  CAUSES,  IRRE-
   53  SPECTIVE  OF  POSITION  ON  THE  CALENDAR.  THE SAME PREFERENCE SHALL BE
   54  GRANTED UPON APPLICATION OF THE AUTHORITY OR ITS COUNSEL IN  ANY  ACTION
   55  OR  PROCEEDING  QUESTIONING  THE  VALIDITY  OF  THIS  TITLE IN WHICH THE
   56  AUTHORITY MAY BE ALLOWED TO INTERVENE. THE VENUE OF ANY SUCH  ACTION  OR
       S. 3501                            11
    1  PROCEEDING  SHALL BE LAID IN THE SUPREME COURT OF ANY OF THE PARTICIPAT-
    2  ING COUNTIES.
    3    5.  THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
    4  FOR WHICH IT IS LIABLE, SHALL BE THE RATE  PRESCRIBED  BY  SECTION  FIVE
    5  THOUSAND FOUR OF THE CIVIL PRACTICE LAW AND RULES.
    6    6. ALL ACTIONS OR PROCEEDINGS AGAINST THE AUTHORITY OF WHATEVER NATURE
    7  SHALL BE BROUGHT IN A SUPREME COURT IN THE COUNTY OR THE COUNTY OF SARA-
    8  TOGA.
    9    S  2681-P. TRACK, BRIDGE, SIGNAL, STATION AND OTHER FACILITY OPERATION
   10  AND MAINTENANCE. THE OPERATION, MAINTENANCE AND USE OF  TRACK,  BRIDGES,
   11  SIGNALS, FREIGHT STATIONS, PASSENGER STATIONS AND OTHER FACILITIES SHALL
   12  BE  PUBLIC PURPOSES OF THE AUTHORITY, THE COUNTY AND THE TOWN. THE TOTAL
   13  COST TO THE AUTHORITY OF OPERATION, MAINTENANCE AND USE OF  EACH  TRACK,
   14  BRIDGE,  SIGNAL,  FREIGHT  STATION, PASSENGER STATION AND OTHER FACILITY
   15  WITHIN THE COUNTY OR THE COUNTY OF SARATOGA AND SERVICED BY ONE OR  MORE
   16  RAILROAD  FACILITIES  OF  THE  AUTHORITY  OR CORPORATIONS, INCLUDING THE
   17  BUILDINGS, APPURTENANCES, PLATFORMS, LANDS AND APPROACHES INCIDENTAL  OR
   18  ADJACENT  THERETO,  SHALL BE BORNE BY THE AUTHORITY.  PROVIDED, THAT, NO
   19  PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE AUTHORITY FROM
   20  DELEGATING OR ASSIGNING THE DUTIES ASSIGNED TO THE AUTHORITY PURSUANT TO
   21  THIS SECTION AND THE COSTS THEREOF TO A THIRD PARTY OPERATOR  OR  COMMON
   22  CARRIER  WHICH  IS  LICENSED, CLEARED OR OTHERWISE AUTHORIZED TO USE THE
   23  TRACK, BRIDGE, SIGNAL, STATION AND/OR OTHER FACILITY OPERATED AND  MAIN-
   24  TAINED PURSUANT TO THIS SECTION.
   25    S  2681-Q. STATE, COUNTY, TOWN AND MUNICIPALITIES NOT LIABLE FOR OBLI-
   26  GATIONS OF THE AUTHORITY. 1. NEITHER THE STATE, THE  COUNTY,  THE  TOWN,
   27  NOR  ANY MUNICIPALITY OR PUBLIC CORPORATION SHALL BE LIABLE ON ANY BOND,
   28  NOTE OR OTHER OBLIGATION OF THE AUTHORITY,  AND  SUCH  BONDS,  NOTES  OR
   29  OTHER OBLIGATIONS SHALL NOT BE DEBTS OF THE STATE, THE COUNTY, THE TOWN,
   30  NOR  ANY  MUNICIPALITY  OR  PUBLIC CORPORATION, AND SUCH BONDS, NOTES OR
   31  OTHER OBLIGATIONS SHALL CONTAIN A STATEMENT TO SUCH EFFECT.
   32    2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO OBLIGATE THE  STATE  IN
   33  ANY WAY IN CONNECTION WITH THE OPERATIONS AND OBLIGATIONS OF THE AUTHOR-
   34  ITY.
   35    S 2681-R. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS
   36  OF  THIS  TITLE  ARE  INCONSISTENT WITH THE PROVISIONS OF ANY OTHER ACT,
   37  GENERAL OR SPECIAL, OR OF A COUNTY CHARTER, ANY LOCAL LAW, ORDINANCE  OR
   38  RESOLUTION  OF  A  MUNICIPALITY,  THE  PROVISIONS OF THIS TITLE SHALL BE
   39  CONTROLLING. NOTHING CONTAINED IN THIS SECTION SHALL BE HELD TO  SUPPLE-
   40  MENT OR OTHERWISE EXPAND THE POWERS OR DUTIES OF THE AUTHORITY OTHERWISE
   41  SET FORTH IN THIS TITLE.
   42    S 2. The second undesignated paragraph of paragraph (d) of subdivision
   43  4 of section 14-k of the transportation law, as amended by chapter 75 of
   44  the laws of 2000, is amended to read as follows:
   45    The  commissioner  shall  request the project sponsors to furnish such
   46  information in writing as may be necessary. For  the  purposes  of  this
   47  section, the Chautauqua, Cattaraugus, Allegany and Steuben southern tier
   48  extension  railroad  authority  shall  be an authorized project sponsor.
   49  FURTHERMORE, FOR THE PURPOSES OF THIS SECTION, THE  CORINTH  AND  WARREN
   50  RAILROAD AUTHORITY SHALL BE AN AUTHORIZED PROJECT SPONSOR.
   51    S 3. Severability. If any clause, sentence, paragraph, section or part
   52  of  this act shall be adjudged by any court of competent jurisdiction to
   53  be invalid and after exhaustion of  all  further  judicial  review,  the
   54  judgment  shall  not affect, impair or invalidate the remainder thereof,
   55  but shall be confined in its operation to the  clause,  sentence,  para-
       S. 3501                            12
    1  graph,  section or part of this act directly involved in the controversy
    2  in which the judgment shall have been rendered.
    3    S 4. This act shall take effect immediately.