New York Laws
Title 12 - New York State Environmental Facilities Corporation
1285-L - State Park Infrastructure Projects.

§ 1285-l. State park infrastructure projects. In order to effectuate
the purposes of this title, the corporation shall have the following
additional special powers:

1. Notwithstanding the provisions of any general or special law to the
contrary, the office of parks, recreation and historic preservation or
the division of the budget, with the approval of the director of the
budget, and the corporation are each hereby authorized to enter into a
contract or contracts providing for the financing of the design,
acquisition, construction, improvement and installation of all or any
portion of any state park infrastructure project or reimbursement to the
state for costs incurred in connection with a state park infrastructure
project for and on behalf of the state; and the corporation and the
office of parks, recreation and historic preservation or the division of
the budget, with the approval of the director of the budget, may enter
into a contract, lease, easement, license or other instrument pursuant
to which the corporation shall make all or any portion of any state park
infrastructure project available to such state agency. Any such contract
or contracts, lease, easement, license or other instrument shall be upon
such terms and conditions as the corporation and the state shall
determine to be reasonable, including, but not limited to, the payment
of or reimbursement to the corporation for (a) all costs of the
corporation in financing all or any portion of any state park
infrastructure project, and any claims arising therefrom, (b) all fees
and other charges of, and all expenses incurred by, the corporation in
connection with the issuance and administration of any bonds or notes
issued by the corporation for such purpose, and (c) amounts sufficient
to pay all principal, premium, if any, and interest on such bonds or
notes. Such payment or reimbursement may be made annually or otherwise,
may be in fixed amounts or based on any factors or other matters, or may
be made in any other manner, as such contract or contracts, lease,
easement, license or other instrument shall provide. Provided, however,
that the net proceeds of any such bonds or notes issued shall not exceed
sixteen million dollars, not including issuance costs, capitalized
interest and debt service reserve funds.

2. Any such contract or contracts, lease, easement, license or other
instrument entered into pursuant to subdivision one of this section
shall provide that the obligation of the state to fund or to pay the
amounts therein provided for shall not constitute a debt of the state
within the meaning of any constitutional or statutory provision and
shall be deemed executory only to the extent of moneys available
therefor and that no liability shall be incurred by the state beyond the
moneys available for such purpose, and that such obligation is subject
to annual appropriation by the legislature.

3. Any such contract or contracts, lease, easement, license or other
instrument or any payments made or to be made thereunder may be assigned
and pledged by the corporation as security for its bonds and notes
issued for the purpose of financing all or any part of any state park
infrastructure project.

4. The corporation and the office of parks, recreation and historic
preservation or the division of the budget, with the approval of the
director of the budget, may enter into any leases, easements, licenses
or other instruments for the purpose of granting to the corporation any
interest in real property which the corporation shall deem necessary for
the purpose of financing the design, acquisition, construction,
improvement and installation of all or any portion of any state park
infrastructure project. The corporation shall hold any such interest in
real property in trust for the state, shall make and keep such

properties accessible to the public, and shall not sell, lease, exchange
or donate such properties except to the state.

5. The comptroller is hereby authorized to receive from the
corporation any portion of special obligation bond proceeds paid to
provide funds for or reimburse the state for its costs associated with
any state park infrastructure project and to credit such amounts to the
capital projects fund or any other appropriate fund.