New York Laws
Title 12 - New York State Environmental Facilities Corporation
1285-A - Construction, Operation and Maintenance of Air Pollution Control Facilities, Water Management Facilities and Storm Water Collecting Systems.

§ 1285-a. Construction, operation and maintenance of air pollution
control facilities, water management facilities and storm water
collecting systems. 1. The corporation and any municipality having power
to construct air pollution control facilities, water management
facilities or storm water collecting systems, by resolution of its
governing body may enter into a contract for the construction of air
pollution control facilities, water management facilities or storm water
collecting systems by the corporation for such municipality upon such
terms and conditions as the corporation shall determine to be
reasonable, including but not limited to reimbursement of all costs of
such construction and claims arising therefrom.

2. The corporation and any state agency having power to construct air
pollution control facilities, water management facilities, or storm
water collecting systems may enter into a contract for the construction
of air pollution control facilities, water management facilities or
storm water collecting systems by the corporation for such state agency
upon such terms and conditions as the authority and such state agency
shall determine to be reasonable, including but not limited to
reimbursement of all costs of such construction and claims arising
therefrom.

3. The corporation and any municipality having power to construct,
operate and maintain air pollution control facilities or storm water
collecting systems, by resolution of its governing body may enter into a
contract pursuant to which the corporation may provide for the
treatment, neutralization and disposal of gaseous wastes and other air
pollutants, by means of air pollution control facilities owned and
constructed by the corporation and operated and maintained by the
corporation or, for and on behalf of the corporation, by such
municipality or by any person as may be approved by the corporation and
such municipality, or for the collection and conveyance of storm waters
by means of storm water collecting systems owned and constructed by the
corporation for and on behalf of such municipality. Such contract or
contracts shall be in accordance with the provisions of, and shall
contain the same terms, conditions and requirements as are set forth in
subdivision three of section twelve hundred eighty-five of this title,
provided, however, any such contract providing for the collection and
conveyance of storm waters by means of storm water collecting systems
owned and constructed by the corporation shall expressly provide for the
vesting of title to such storm water collecting system in such
municipality in accordance with the provisions of paragraph (c) of said
subdivision three of section twelve hundred eighty-five of this title,
and that such storm water collecting system shall be operated and
maintained by such municipality upon such terms and conditions as the
corporation shall determine to be reasonable.

4. The corporation and any state agency having power to operate and
maintain air pollution control facilities, water management facilities
or storm water collecting systems may enter into a contract with the
corporation for the operation and maintenance of air pollution control
facilities, water management facilities or storm water collecting
systems by the corporation for and on behalf of such state agency; or
the corporation and any such state agency may enter into a contract
pursuant to which the corporation may provide for the treatment,
neutralization and disposal of gaseous wastes and other air pollutants,
the furnishing of a public water supply, the collection and conveyance
of storm waters by means of air pollution control facilities, water
management facilities or storm water collecting systems, as the case may
be, owned and constructed by the corporation and operated and maintained
by the corporation or for and on behalf of the corporation, by such

state agency or by any person as may be approved by the corporation and
such state agency. Any such contract or contracts shall be upon such
terms and conditions as the corporation and such state agency shall
determine to be reasonable, including but not limited to the
reimbursement of all costs of planning, financing, construction and
operation and maintenance and any claims arising therefrom. No such
contract shall be deemed to be a contract for public works or purchase
within the meaning of the state finance law.

5. The corporation may make loans to any municipality for the
construction of any air pollution control facility, water management
facility or storm water collecting system or to any state agency
authorized to issue bonds or notes not constituting a debt or liability
of the state within the meaning of section eleven of article seven of
the state constitution, for the construction of any air pollution
control facility, water management facility, or storm water collecting
system. The corporation may accept as evidence of the indebtedness of
any such municipality or any state agency authorized to issue bonds or
notes not constituting a debt or liability of the state within the
meaning of section eleven of article seven of the state constitution,
only the municipal bonds or notes of such municipality or bonds or notes
of such state agency. Any such loans shall be in an amount or amounts
not to exceed the cost of construction of any such project required to
be financed by the municipality or such state agency. In connection with
the making of any such loans, the corporation may fix and collect fees
and charges, including but not limited to reimbursement of all costs of
financing by the corporation, as the corporation shall determine to be
reasonable. Any such loan by the corporation to a state agency as herein
provided, shall be subject to the approval of the director of the
budget.