New York Laws
Title 11-C - Capital District Transportation Authority
1307 - Special Powers of the Authority.

§ 1307. Special powers of the authority. In order to effectuate the
purposes of this title: 1. The authority may acquire, by purchase, gift,
grant, transfer, contract or lease, or condemnation, any transportation
facility, including port or related facilities wholly or partially
within the Capital District transportation district or any part thereof,
or the use thereof, and may enter into any joint service arrangements as
hereinafter provided. Any such acquisition or joint service arrangement
shall be authorized only by resolution of the authority approved by not
less than a majority of the whole number of members of the authority
then in office.

2. The authority may on such terms and conditions as the authority may
determine necessary, convenient or desirable itself establish,
construct, effectuate, operate, maintain, renovate, improve, extend or
repair any such transportation facility, or may provide for such
establishment, construction, effectuation, operation, maintenance,
renovation, improvement, extension or repair by contract, lease, or
other arrangement on such terms as the authority may deem necessary,
convenient or desirable with any person, including but not limited to
any common carrier or freight forwarder, the state, any state agency,
the federal government, any other state or agency or instrumentality
thereof, any public authority of this or any other state or any
political subdivision or municipality of the state. In connection with
the operation of any such transportation facility, the authority may
establish, construct, effectuate, operate, maintain, renovate, improve,
extend or repair or may provide by contract, lease or other arrangement
for the establishment, construction, effectuation, operation,
maintenance, renovation, improvement, extension or repair of any related
services and activities it deems necessary, convenient or desirable,
including but not limited to the transportation and storage of freight
and the United States mail, feeder and connecting transportation,
parking areas, transportation centers, port, stations and related
facilities.

3. The authority may establish, levy and collect or cause to be
established, levied and collected and, in the case of a joint service
arrangement, join with others in the establishment, levy and collection
of such fares, tolls, rentals, rates, charges and other fees as it may
deem necessary, convenient or desirable for the use and operation of any
transportation facility and related services operated by the authority
or by a subsidiary corporation of the authority or under contract, lease
or other arrangement, including joint service arrangements, with the
authority. Any such fares, tolls, rentals, rates, charges or other fees
for the transportation of passengers shall be established and changed
only if approved by resolution of the authority adopted by not less than
a majority of the whole number of members of the authority then in
office and only after a public hearing, provided however, that fares,
tolls, rentals, rates, charges or other fees for the transportation of
passengers on any transportation facility which are in effect at the
time that the then owner of such transportation facility becomes a
subsidiary corporation of the authority or at the time that operation of
such transportation facility is commenced by the authority or is
commenced under contract, lease or other arrangement including joint
service arrangements, with the authority may be continued in effect
without such a hearing. Such fares, tolls, rentals, rates, charges and
other fees shall be established as may in the judgment of the authority
be necessary to maintain the combined operations of the authority and
its subsidiary corporations on a self-sustaining basis. The said
operations shall be deemed to be on a self-sustaining basis as required
by this title, when the authority is able to pay or cause to be paid

from revenue or any other funds or property actually available to the
authority and its subsidiary corporations (a) as the same shall become
due, the principal of and interest on the bonds and notes and other
obligations of the authority and of such subsidiary corporations,
together with the maintenance of proper reserves therefor, (b) the cost
and expense of keeping the properties and assets of the authority and
its subsidiary corporations in good condition and repair, and (c) the
capital and operating expenses of the authority and its subsidiary
corporations. The authority may contract with the holders of bonds and
notes with respect to the exercise of the powers authorized by this
section.

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
and safety of the public as it may deem necessary, convenient or
desirable for the use and operation of any transportation facility and
related services operated by the authority or under contract, lease or
other arrangement, including joint service arrangements, with the
authority. Such rules and regulations governing the conduct and safety
of the public shall be filed with the department of state in the manner
provided by 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 or safety of the public and any local law,
ordinance, rule or regulation, such rule or regulation of the authority
shall prevail. Violation of any such rule or regulation of the authority
governing the conduct or the safety of the public in or upon any
facility of the authority shall constitute an offense and shall be
punishable by fine not exceeding fifty dollars or imprisonment for not
more than thirty days or both.

5. 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, one or
more wholly owned subsidiary corporations of the authority and may
transfer to or from any such corporation any moneys, real property or
other property 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 section thirteen hundred sixteen 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.

If the authority shall determine that one or more of its subsidiary
corporations should be in the form of a public benefit corporation, it
shall create each such public benefit corporation by executing and
filing with the secretary of state a certificate of incorporation, which
may be amended from time to time by filing, which shall set forth the
name of such public benefit subsidiary corporation, its duration, the
location of its principal office, and any or all of the purposes of
acquiring, owning, leasing, establishing, constructing, effectuating,
operating, maintaining, renovating, improving, extending or repairing
one or more facilities of the authority. Each such public benefit

subsidiary corporation shall be a body politic and corporate and shall
have all those powers vested in the authority by the provisions of this
title which the authority shall determine to include in its certificate
of incorporation except the power to contract indebtedness.

Whenever any state, political subdivision, municipality, commission,
agency, officer, department, board, division or person is authorized and
empowered for any of the purposes of this title to cooperate and enter
into agreements with the authority such state, political subdivision,
municipality, commission, agency, officer, department, board, division
or person shall have the same authorization and power for any of such
purposes to cooperate and enter into agreements with a subsidiary
corporation of the authority.

6. The authority, in its own name or in the name of the state, may
apply for and receive and accept grants of property, money and services
and other assistance offered or made available to it by any person,
government or agency whatever, which it may use to meet capital or
operating expenses and for any other use within the scope of its powers,
and to negotiate for the same upon such terms and conditions as the
authority may determine to be necessary, convenient or desirable. In no
event, however, shall the authority submit to the state or federal
government or any agency or instrumentality thereof an application for a
state or federal project unless the application shall have been first
approved by the commissioner as being part of or consistent with such
statewide plan, regional plan or transportation development policy and
planning concept.

7. The authority may do all things it deems necessary, convenient or
desirable to manage, control and direct the maintenance and operation of
transportation facilities, equipment or real property operated by or
under contract, lease or other arrangement with the authority. Except as
hereinafter specially provided, no municipality or political
subdivision, including but not limited to a county, city, village, town
or school or other district shall have jurisdiction over any facilities
of the authority or any of its activities or operations. In the
operation, maintenance and control of any facilities devoted to purposes
other than direct transportation purposes, the authority shall be
subject to all local laws, resolutions, ordinances, rules and
regulations of a municipality or political subdivision. Each
municipality or political subdivision, including but not limited to a
county, city, village, town or district in which any facilities of the
authority are located shall provide for such facilities police, fire and
health protection services of the same character and to the same extent
as those provided for residents of such municipality or political
subdivision.

The authority may agree with the state department of transportation
for the execution by such department of any grade crossing elimination
project or any grade crossing separation reconstruction project along
any railroad facility operated by the authority or by one of its
subsidiary corporations or under contract, lease or other arrangement
with the authority. Any such project shall be executed as provided in
the grade crossing elimination act and the railroad law, respectively,
and the costs of any such project shall be borne as provided in such
laws, except that the authority's share of such costs shall be borne by
the state.

8. The authority may accept unconditional grants of money or property
as subsidy payments for expansion of service into areas where such
service would not be self-supporting. The authority may accept
unconditional grants of money or property from any city, village, town
or county not wholly contained within a city the whole or any part of

which shall be served or to be served by a transportation 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.
The provisions of this section are intended as enabling legislation only
and shall not be interpreted as implying that absent their enactment an
authority would lack the power to accept such grant or subsidy.

9. Notwithstanding any of the above provisions, no project may be
undertaken by the authority unless such project is a part of or
consistent with the master plan.