(i) The Abyssinian Cultural Building Corporation shall have full power
and authority to assign and pledge to the dormitory authority any and
all funds payable to it by the New York city school construction
authority or the board of education of the city school district of the
city of New York pursuant to any lease entered into by and between the
Abyssinian Cultural Building Corporation and the New York city school
construction authority or the board of education of the city school
district of the city of New York;
(ii) The New York city school construction authority or the board of
education of the city school district of the city of New York is hereby
authorized to pay all lease payments assigned and pledged by the
Abyssinian Cultural Building Corporation pursuant to subparagraph (i) of
this paragraph to the dormitory authority or, upon direction of the
dormitory authority, to any trustee of any bonds issued by the
authority;
(iii) Any lease by and between the Abyssinian Cultural Building
Corporation and the New York city school construction authority or the
board of education of the city school district of the city of New York
relating to an educational facility for the Thurgood Marshall Academy
for Learning and Social Change shall provide that the obligation of the
school district to make annual lease payments to the Abyssinian Cultural
Building Corporation or to the dormitory authority shall not constitute
a debt of the city of New York within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the extent
of moneys made available to the New York city school construction
authority or the board of education of the city school district of the
city of New York, and that no liability on account thereof shall be
incurred by the New York city school construction authority or the board
of education of the city school district of the city of New York beyond
the moneys available for the purpose thereof;
(iv) Any lease by and between the Abyssinian Cultural Building
Corporation and the New York city school construction authority or the
board of education of the city school district of the city of New York
shall not be deemed to be an installment purchase contract, contract for
public work or purchase contract within the meaning of article five-A of
the general municipal law or any other law; and
(v) No agreement of lease by the Abyssinian Cultural Building
Corporation pursuant to this paragraph shall be effective unless, and
until, it is approved by the board of education and the chancellor of
the city school district of the city of New York.
Any school district in the state with respect to the financing or
refinancing of all or a portion of school district capital facilities
and school district capital equipment for such school districts
provided, however, that financing of such projects shall be limited to
financing of projects eligible for an apportionment pursuant to
subparagraph three of paragraph e of subdivision six of section
thirty-six hundred two of the education law.
A qualified zone academy located in a city having one hundred
twenty-five thousand or more inhabitants for the purpose of issuing
qualified zone academy bonds in accordance with section 1397E of the
internal revenue code, as the same may be amended. In connection with
the issuance of qualified zone academy bonds as aforesaid and
notwithstanding any other provision of the law to the contrary, the
following provisions shall apply:
(1) The dormitory authority and a city acting on behalf of a city
school district in a city having one hundred twenty-five thousand or
more inhabitants shall each be empowered and authorized to enter into a
lease, sublease or other agreement pursuant to which the dormitory
authority may finance the rehabilitation or repair of a school facility,
the provision of equipment for use at such facility, or any other
expenditure in connection with such facility which would be a "qualified
purpose" as defined in section 1397E of the internal revenue code,
provided that such financing shall be for such projects contained within
the city school district's approved application to the state education
department for projects pursuant to section 1397E of the internal
revenue code and, if applicable, is included in the city school
district's five year capital facilities plan pursuant to the applicable
provisions of section twenty-five hundred ninety-p and subdivision six
of section thirty-six hundred two of the education law. Such lease,
sublease or other agreement may provide for annual or other payments to
the dormitory authority by or on behalf of the city school district and
may contain such other terms and conditions as may be agreed upon by the
parties thereto, including, but not limited to, the establishment of
reserve funds and indemnities.
(2) In a city school district of a city having a population of one
hundred twenty-five thousand or more, no lease, sublease or other
agreement entered by such city on behalf of the board of education of
such city school district pursuant to the provisions of this paragraph
shall be effective unless, and until, it is approved by the board of
education of such city school district and the mayor of such city.
(3) Any such lease, sublease or other agreement entered into pursuant
to this paragraph may provide that the provisions thereof shall remain
in force and effect until the bonds, notes or other obligations of the
dormitory authority are no longer outstanding, together with interest on
any unpaid installments of interest and the fees and expenses of the
dormitory authority, are fully met and discharged, and any payments to
be made by a city on behalf of the city school district to the dormitory
authority may be pledged to secure such bonds.
(4) (i) In the event of the failure in whole or in part of a city to
make payments when due pursuant to any lease, sublease or other
agreement entered into pursuant to this paragraph, the dormitory
authority shall forthwith make and deliver to the state comptroller, a
certificate stating the amount of the payment required to have been made
by the city, the amount paid by the city and the amount remaining unpaid
by the city. The state comptroller shall, in accordance with the
provisions of section ninety-nine-b of the state finance law, pay to the
dormitory authority not later than thirty days after the certificate
shall have been filed by the dormitory authority with the state
comptroller the amount set forth in such certificate as remaining
unpaid.
(ii) For purposes of section ninety-nine-b of the state finance law
and notwithstanding the provisions of any general or special law to the
contrary, the following shall apply in connection with any certificate
filed by the dormitory authority pursuant to this subparagraph: (A) all
leases, subleases or other agreements entered into by and between a city
pursuant to this subdivision shall be deemed "bonds or notes issued for
school district purposes"; (B) the certificate filed by the dormitory
authority with the state comptroller as provided herein shall be deemed
to be a "verified statement" of "the holder or owner of a bond or note"
of the city; (C) the dormitory authority, or the trustee for the holders
of any bonds issued by the dormitory authority, shall be deemed to be
the "paying agent"; and (D) the amount payable by the state comptroller
to the dormitory authority shall include principal, interest and other
amounts payable to the dormitory authority under any lease, sublease or
other agreement.
The NDC housing and economic development corporation and its
affiliates for the financing, refinancing, acquisition, design,
construction, reconstruction, renovation, rehabilitation, improvement,
expansion, furnishing and equipping of, or otherwise providing for one
building to be located at 160 East 24th Street, New York, N.Y. to serve
as a dormitory for students attending institutions of higher education
within the city of New York.
School Districts having Eligible School District Projects
Political subdivisions financing eligible wireless 911 capital
equipment.
Natural History Museum of the Adirondacks.
Women's Interart Center, Inc. of New York City, for the acquisitions,
financing, refinancing, construction, reconstruction, improvement,
renovation, development, expansion, furnishing, equipping or otherwise
providing for facilities for the Interart Rehearsal Studio and Cultural
Center Complex located at 543-551 West 52nd Street in the Clinton Urban
Renewal area of Manhattan.
The Center for Jewish History, Inc., for the acquisition, financing,
refinancing, construction, reconstruction, improvement, renovation,
development, expansion, furnishing, equipping or otherwise providing for
facilities as a centralized location for preserving and advancing
scholarship, art, history, and culture through its archival collection,
in a one hundred twenty thousand square foot facility located at 15 West
16th Street in Manhattan.
The Kaatsbaan International Dance Center, Inc., for the acquisition,
financing, refinancing, construction, reconstruction, renovation,
development, improvement, expansion, furnishing and equipping or
otherwise providing for a professional creative residence and
performance facility on one hundred fifty-three rural acres in Tivoli,
New York.
Eyebeam Atelier, Inc., for the acquisition, financing, refinancing,
construction, reconstruction, improvement, renovation, development,
expansion, furnishing, equipping or otherwise providing for facilities
devoted to the collaboration of art and technology in New York state and
the construction of a new ninety thousand square foot building located
in the Chelsea area of New York city.
Youth Environmental Services, d/b/a Yes Community Counseling, for the
acquisition, financing, refinancing, construction, reconstruction,
renovation, development, improvement, expansion, furnishing and
equipping or otherwise providing for the purchase of a building for such
not-for-profit group located in Massapequa, New York.
The New York military academy, an education corporation chartered by
the board of regents located in Cornwall-on-Hudson, New York, for the
acquisition, financing, refinancing, construction, reconstruction,
renovation, development, improvement, expansion and equipping of
facilities.
Preventive Medicine Institute, doing business as Strang Cancer
Prevention Center.
Any residential institution for children as defined in subdivision
forty-four of section sixteen hundred seventy-six of this title for the
financing, refinancing, design, replacement (including acquisition and
construction), reconstruction, rehabilitation, improvement, renovation,
and equipping of existing residential facilities.
The Museum of African American Cinema, Inc., for the acquisition,
financing, refinancing, construction, reconstruction, improvement,
renovation, development, expansion, furnishing, equipping or otherwise
providing for such facilities in Harlem, New York city.
34th Street Cancer Center, Inc., with respect to the financing and/or
refinancing of the acquisition, purchasing and equipping of a certain
building located at 160 East 34th Street, New York, New York, for use as
a cancer center. Notwithstanding any other provision of law, the
following provisions shall apply:
(i) 34th Street Cancer Center, Inc. shall have full power and
authority to assign and pledge to the dormitory authority any and all
public funds to be appropriated, apportioned, or otherwise made payable
by the federal government, any agency thereof, the state of New York, a
political subdivision, as defined in section one hundred of the general
municipal law, or any social services district in the state of New York
in an amount sufficient to make all payments required to be made by such
entity pursuant to any agreement entered into between such entity and
the dormitory authority necessary or useful for the purposes set forth
in this paragraph.
(ii) All state and local officers are hereby authorized and required
to pay all such funds so assigned and pledged to the dormitory authority
or, upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this paragraph.
The Beacon Institute, Inc., a domestic not-for-profit corporation
formerly known as the Rivers and Estuaries Center on the Hudson, Inc.,
for the acquisition, financing, refinancing, construction,
reconstruction, renovation, development, improvement, expansion,
furnishing and equipping or otherwise providing for facilities for
conducting a program of research and education that advances the
understanding of rivers and estuaries and develops policies and
practices that benefit the human and natural communities that depend
upon these ecosystems, located at Beacon Harbor and Denning's Point in
Beacon, New York, The Upper Hudson Research Center at Troy, located at
the waterfront in Troy, New York and the Center for Tributary Study,
located at Creek Road in Beacon, New York, and the Old Main Building at
Clarkson University located in Potsdam, New York.
The Rochester school construction board for the financing of projects
authorized pursuant to the city of Rochester and the board of education
of the city school district of the city of Rochester school facilities
modernization program act.
Albany Convention Center Authority
The YMCA of Greater Syracuse and related branches, administrative
offices and satellite facilities located in New York state including:
Downtown YMCA, East Area YMCA, North Area YMCA, Northwest YMCA, Camp
Iroquois and any successor in interest to any such organization for the
financing and/or refinancing of the acquisition, construction,
reconstruction, development, improvement, expansion and/or equipping of
a facility or facilities and necessary ancillary and related facilities.
The United States Maritime Resource Center for the purpose of
financing, refinancing, construction, reconstruction, renovation,
development, expansion and equipping of a facility to serve as a
classroom and student residence building in support of professional
education and training programs to be located on the campus of the
United States Merchant Marine Academy located in Kings Point, New York.
Not-for-profit members of the Alliance of Long Island Agencies, Inc.,
for the acquisition, financing, refinancing, construction,
reconstruction, renovation, development, improvement, expansion and
equipping of certain educational, administrative, clinical, day program
and residential facilities to be located in the state of New York.
Notwithstanding any other provision of law, not-for-profit members of
the Alliance of Long Island Agencies, Inc. shall have full power and
authority to assign and pledge to the dormitory authority, any and all
public funds to be apportioned or otherwise made payable by the United
States, any agency thereof, the state, any agency thereof, a political
subdivision, as defined in section one hundred of the general municipal
law, any social services district in the state or any other governmental
entity in an amount sufficient to make all payments required to be made
by such members pursuant to any lease, sublease or other agreement
entered into between such members and the dormitory authority. All state
and local officers are hereby authorized and required to pay all such
funds so assigned and pledged to the dormitory authority or, upon the
direction of the dormitory authority, to any trustee of any dormitory
authority bond or note issued, pursuant to a certificate filed with any
such state or local officer by the dormitory authority pursuant to the
provisions of this section.
Fordham Preparatory School, Inc., for the financing or refinancing, or
reimbursement of the costs of the acquisition, design, construction,
reconstruction, rehabilitation, improvement, furnishing and equipping
of, or otherwise providing for construction of additional educational
facilities located on Fordham University Rose Hill Campus, the Bronx,
New York.
The Reece School, for the financing or refinancing, or reimbursement
of the costs of, the acquisition, design, construction, reconstruction,
rehabilitation, improvement, furnishing and equipping of, or otherwise
providing for, additional floors or facilities for education and therapy
at their facility located at twenty-five East One Hundred Fourth Street
in the city of New York, to serve as a school for special education
students; provided, however, that the aggregate sum of any bonds issued
for such purpose shall not exceed thirty-five million dollars.
Notwithstanding any other provision of law, the Reece School shall have
full power and authority to assign and pledge to the dormitory
authority, any and all public funds to be apportioned or otherwise made
payable by the United States, any agency thereof, the state, any agency
thereof, a political subdivision, as defined in section one hundred of
the general municipal law, any social services district in the state or
any other governmental entity in an amount sufficient to make all
payments required to be made by the Reece School to any lease, sublease
or other agreement entered into between the Reece School and the
dormitory authority. All state and local officers are hereby authorized
and required to pay all such funds so assigned and pledged to the
dormitory authority or, upon the direction of the dormitory authority,
to any trustee of any dormitory authority bond or note issued, pursuant
to a certificate filed with any such state or local officer by the
dormitory authority pursuant to the provisions of this section.
Friends Academy, Glen Cove, Nassau County, for the financing or
refinancing, or reimbursement of the costs of the acquisition, design,
construction, reconstruction, rehabilitation, improvement, furnishing
and equipping of, or otherwise providing for, the complete renovation of
the lower school located on the campus at Glen Cove, Nassau County,
provided however, that the aggregate sum of any bonds issued for such
purpose shall not exceed six million five hundred thousand dollars.
Not-for-profit members of InterAgency Council of Developmental
Disabilities Agencies, Inc., for the acquisition, financing,
refinancing, construction, reconstruction, renovation, development,
improvement, expansion and equipping of certain educational,
administrative, clinical, day program and residential facilities to be
located in the state of New York. Notwithstanding any other provision of
law, not-for-profit members of the InterAgency Council of Developmental
Disabilities Agencies, Inc. shall have full power and authority to
assign and pledge to the dormitory authority, any and all public funds
to be apportioned or otherwise made payable by the United States, any
agency thereof, the state, any agency thereof, a political subdivision,
as defined in section one hundred of the general municipal law, any
social services district in the state or any other governmental entity
in an amount sufficient to make all payments required to be made by such
members pursuant to any lease, sublease or other agreement entered into
between such members and the dormitory authority. All state and local
officers are hereby authorized and required to pay all such funds so
assigned and pledged to the dormitory authority or, upon the direction
of the dormitory authority, to any trustee of any dormitory authority
bond or note issued, pursuant to a certificate filed with any such state
or local officer by the dormitory authority pursuant to the provisions
of this section.
Broad Channel Volunteers, Inc. doing business as Broad Channel
Volunteer Fire Department and Ambulance Corps for the purpose of
providing construction related services in connection with the
construction, reconstruction, improvement, renovation, development or
expansion of facilities owned by Broad Channel Volunteers, Inc. doing
business as Broad Channel Volunteer Fire Department and Ambulance Corps
located at 305 Crossbay Boulevard, County of Queens, block 15304, lot
450, New York 11693.
The Convent of the Sacred Heart School, for the financing or
refinancing, or reimbursement of the costs of, the acquisition, design,
construction, reconstruction, rehabilitation, improvement, furnishing
and equipping of, or otherwise providing for, the Convent of the Sacred
Heart School at their facility located at: 406 East 91st Street in the
city of New York, to serve as a school for students in grades
pre-kindergarten through twelve; provided, however, that the aggregate
sum of any bonds issued for such purpose shall not exceed fifty-five
million dollars.
Mercy Flight, Inc., of Western New York, for the financing and/or
refinancing of equipment or the acquisition, construction,
reconstruction, development, improvement, expansion and/or equipping of
a facility or facilities and necessary ancillary and related facilities.
The Trevor Day School, for the financing or refinancing, or
reimbursement of the costs of, the acquisition, design, construction,
reconstruction, rehabilitation, improvement, furnishing and equipping
of, or otherwise providing for, the Trevor Day School at their facility
located at 312-318 East 95th Street in the city of New York, to serve as
a school for students in grades seven through twelve; provided, however,
that the aggregate sum of any bonds issued for such purpose shall not
exceed seventy-five million dollars.
Richardson Center Corporation.
Williamsburg Infant & Early Childhood Development Center, Inc. at 22
Middleton Street, Brooklyn, New York.
Randolph Academy union free school district, for the financing,
acquisition, construction, reconstruction, renovation and improvement
for facilities located in Erie county, New York. Notwithstanding any
other provision of law, Randolph Academy union free school district
shall have full power and authority to assign and pledge to the
authority any and all public funds to be apportioned or otherwise made
payable by the state, a political subdivision, as defined in section one
hundred of the general municipal law, or any social services district in
the state in an amount sufficient to make all payments required to be
made by Randolph Academy union free school district pursuant to any
lease, sublease or other agreement entered into between Randolph Academy
union free school district and the authority. All state and local
officers are hereby authorized and required to pay all such funds so
assigned and pledged to the authority or upon the direction of the
authority, to any trustee of any authority bond or note issued pursuant
to a certificate filed with any such state or local officer by the
authority pursuant to the provisions of this section. No agreement or
lease by Randolph Academy union free school district pursuant to this
paragraph shall be effective unless and until it is approved by or on
behalf of the commissioner of education.
Medical Missions for Children, Inc.
Primary Care Development Corporation for the acquisition, financing,
refinancing, construction, reconstruction, renovation, development,
improvement, expansion, and equipping of facilities offering primary
health care services and related ambulatory care and ancillary services
in the state of New York.
Poly Prep Country Day School, for the refinancing of outstanding
indebtedness, the financing or refinancing, or reimbursement of the
costs of, the acquisition, design, construction, reconstruction,
rehabilitation, improvement, furnishing and equipping of, or otherwise
providing for, the Poly Prep Country Day School at its facilities
located at 9216 Seventh Avenue and/or 50 Prospect Park West in Brooklyn,
New York, to serve as a school for students in grades Nursery through
twelve; provided, however, that the aggregate sum of any bonds issued
for such purpose shall not exceed fifteen million dollars.
St. Andrew's Foundation, the Scottish Society of Hudson's Valley, Ltd.
Xavier High School, for the financing or refinancing, or reimbursement
of the costs of the aquisition, design, construction, reconstruction,
rehabilitation, improvement, furnishing and equipping of, or otherwise
providing for, Xavier High School at its facility located at 30 West
16th Street in the city of New York, to serve as a school for students
in grades nine through twelve; provided, however, that the aggregate sum
of any bonds issued for such purpose shall not exceed fifty-five million
dollars.
Mercy Flight Central, Inc., of Central New York, for the financing
and/or refinancing of equipment or the acquisition, construction,
reconstruction, development, improvement, expansion and/or equipping of
a facility or facilities and necessary ancillary and related facilities.
Young Men's Christian Association-Women's Community Center of Rome,
New York Incorporated, for the financing and/or refinancing of equipment
or the acquisition, construction, reconstruction, development,
improvement, expansion and/or equipping of a facility or facilities and
necessary ancillary and related facilities.
Dancewave, Inc., for the financing, acquisition, construction,
development, improvement, expansion and/or equipping of a facility or
facilities and necessary ancillary and related facilities.
Summit Educational Resources, Inc., a not-for-profit organization, for
the acquisition, financing and/or refinancing, design, construction,
renovation, reconstruction, development, improvement, furnishing,
expansion and/or equipping of a facility or facilities and necessary
ancillary and related facilities.
An authorized agency as defined by subdivision ten of section three
hundred seventy-one of the social services law, or a local probation
department as defined by sections two hundred fifty-five and two hundred
fifty-six of the executive law for the provision of detention facilities
certified by the office of children and family services or by such
office in conjunction with the state commission of correction or for the
provision of residential facilities licensed by the office of children
and family services including all necessary and usual attendant and
related facilities and equipment.
North Country School, Lake Placid, New York, for the acquisition,
financing and/or refinancing, design, construction, renovation,
reconstruction, development, improvement, furnishing, expansion and/or
equipping of a facility or facilities and necessary ancillary and
related facilities.
New York Military Academy
Any not-for-profit corporation formed pursuant to an inter-municipal
agreement among two or more counties within this state to assist said
counties in acquiring, financing, constructing, reconstructing,
remodeling, enlarging, altering, repairing, operating, managing,
leasing, selling or otherwise disposing of a joint county detention
facility established in accordance with section two hundred eighteen-a
of the county law.
The New York Racing Association, Inc. for capital projects.
The New York Academy of Medicine.
The Young Men's and Young Women's Hebrew Association (dba 92nd Street
Y)
Masonic Medical Research Laboratory, a not-for-profit corporation, for
the design, acquisition, financing, refinancing, construction,
reconstruction, renovation, rehabilitation, development, improvement,
expansion, furnishing, equipping or otherwise providing for a facility
and/or facilities, including any necessary or ancillary facilities, for
the purpose of conducting scientific research or conducting testing for
public health in the city of Utica.
Mary Cariola Children's Center, Inc.
Sandy Ground Historical Museum at 1538 Woodrow Road, Staten Island,
New York for the restoration or replacement of the museum building
located at such address.
the office of cannabis management.
the cannabis control board.
the private debt or equity fund in which the state or any agency,
authority or division thereof has invested and is selected pursuant to
subdivision thirty-two of section one thousand six hundred seventy-eight
of this title to the extent authorized in subdivision thirty of such
section.
2. a. The dormitory authority is hereby authorized and empowered upon
application of the educational institution concerned to acquire, design,
construct, reconstruct, rehabilitate and improve, or otherwise provide
and furnish and equip dormitories and attendant facilities for any
educational institution, provided that any contract undertaken or
financed by the dormitory authority for any construction,
reconstruction, rehabilitation or improvement of any building or
structure commenced after September first, nineteen hundred seventy-four
for the Gananda school district or the Gananda educational facilities
corporation, or any agency, board or commission therein, or any official
thereof, shall comply with the provisions of section one hundred one of
the general municipal law and the specifications for such contract may
provide for assignment of responsibility for coordination of any of the
contracts for such work to a single responsible and qualified person,
firm or corporation; provided, however, that all contracts for
construction of buildings on behalf of Queens Hospital Center shall be
in conformity with the provisions of section one hundred one of the
general municipal law; provided that any contracts for the construction,
reconstruction, rehabilitation or improvement of any public work project
undertaken by the dormitory authority of any facility for the aged for
any political subdivision of the state or any district therein or
agency, department, board or commission thereof, or any official
thereof, shall comply with the provisions of section one hundred
thirty-five of the state finance law; and provided further that any
contract undertaken or financed by the dormitory authority for any
construction, reconstruction, rehabilitation or improvement of any
building commenced after January first, nineteen hundred eighty-nine for
the department of health shall comply with the provisions of section one
hundred thirty-five of the state finance law.
Each educational institution defined in subdivision one of this
section, except the department of health of the state of New York,
shall, when authorized by an appropriate resolution adopted by its
governing board or, when permitted, adopted by an appropriate committee
of such governing board, have power: (i) to convey or cause to be
conveyed to the authority real property or rights in real property
required in connection with the construction and financing of a
dormitory by the authority for such educational institution; or (ii) to
enter into agreements or leases or both with the dormitory authority
pursuant to subdivision sixteen of section sixteen hundred seventy-eight
of this title and to paragraph e of this subdivision, or both, or, in
the case of the department of health of the state of New York, providing
that legislation or appropriations which specifies the facilities to be
acquired, constructed, reconstructed, rehabilitated or improved for the
department of health of the state of New York and the total estimated
costs for each such facility, not to exceed four hundred ninety-five
million dollars in the aggregate, shall have been approved by the
legislature, the commissioner of health shall have power: (i) to convey
or cause to be conveyed to the authority real property or rights in real
property required in connection with the construction and financing of a
dormitory by the authority for such educational institution; or (ii) to
enter into agreements or leases or both with the dormitory authority
pursuant to subdivision sixteen of section sixteen hundred seventy-eight
of this title and to paragraph e of this subdivision or both. The
educational institution for which such dormitory and attendant facility
is intended to be provided shall approve the plans and specifications
and location of such dormitory and attendant facility. The dormitory
authority shall have the same power and authority in respect to such
dormitories and attendant facilities provided pursuant to this
subdivision that it has relative to other dormitories.
b. The dormitory authority shall have power to acquire, in the name of
the authority, on terms necessary or convenient by purchase, gift or
devise, real property or rights of easement in relation to dormitories
and attendant facilities provided pursuant to this subdivision, and for
the purposes of paragraph f of this subdivision, the dormitory authority
shall also have power to acquire such real property or rights of
easement by condemnation.
c. The dormitory authority shall have power to accept gifts of
personal property in the name of the authority for the purposes of this
subdivision.
d. (1) The dormitory authority may operate and manage any dormitory
and attendant facility provided pursuant to this subdivision, or the
authority may lease any such dormitory and attendant facility to the
educational institution for which such dormitory and attendant facility
is provided.
(2) At such time as the liabilities of the dormitory authority
incurred for any such dormitory and attendant facility have been met and
the bonds of the authority issued therefor have been paid or such
liabilities and bonds have otherwise been discharged, the authority
shall take action as follows:
(a) In the case of any dormitory and attendant facility other than one
provided pursuant to paragraph f of this subdivision, the authority
shall transfer title to all the real and personal property of such
dormitory and attendant facility, vested in the authority, to the
educational institution in connection with which such dormitory and
attendant facility is then being operated, or to which such dormitory
and attendant facility is then leased, provided, however, that if at any
time prior thereto such educational institution ceases to offer
educational facilities then such title shall vest in the people of the
state of New York;
(b) In the case of any dormitory and attendant facility provided
pursuant to paragraph f of this subdivision, the authority shall
transfer such right, title and interest as it may have in or to the real
property of such dormitory and attendant facility to the city of New
York and in and to all personal property of such dormitory and attendant
facility to the board of higher education in such city; provided,
however, that if the authority has title to such dormitory and attendant
facility and the city university shall cease to offer educational
facilities before any such liabilities and bonds have been so paid or
discharged, the title to all of the real and personal property thereof
shall vest in the people of the state of New York;
(3) Notwithstanding any other provisions of law, if requested by the
city university construction fund and the board of higher education in
the city of New York, and with the prior written approval of the
director of the budget of the state of New York or his designee, the
authority may sell all or any part of any dormitory and attendant
facility provided by the authority for the city university pursuant to
paragraph f of subdivision two, including any real and personal property
comprising said dormitory and attendant facility. Such sale may be made
by private or public sale. Such sale may be made only if the dormitory
and attendant facility or portion thereof being sold is abandoned or
withdrawn from the applicable project in accordance with (i) the
applicable agreement entered into by the authority with the city
university construction fund and the board of higher education in the
city of New York and (ii) the applicable resolution of the authority,
and if the net proceeds of such sale are applied by the authority in
accordance with such agreement and resolution. The difference, if any,
between the net proceeds of such sale, and, if greater, the amount
required to be paid by the board of higher education in the city of New
York to the authority pursuant to the terms of the applicable agreement
by reason of the abandonment or withdrawal of such dormitory and
attendant facility or portion thereof shall be paid to the authority by
the state of New York, the city of New York, in which case the written
approval of the director of the office of management and budget of the
city of New York, or his designee, shall also be required, the city
university construction fund or such board of higher education or any
number of the foregoing at the closing of such sale and shall likewise
be applied by the authority in accordance with the applicable agreement
and resolution. Provided, however, that the foregoing provisions of this
subparagraph only to the extent that they otherwise require a request
for and approval by the city university construction fund or the board
of higher education in the city of New York shall not apply to any sale
of the parcels which constitute one hundred twenty-three and one hundred
twenty-seven West one hundred eighty-third street in the city of New
York being in section eleven, block three thousand two hundred
twenty-five, lot forty-eight in Bronx county (also known as Sedgwick
dormitory and North hall). The abandonment or withdrawal of such
dormitory and attendant facility or portion thereof being sold and the
payment to the authority in full of the difference between the net
proceeds of sale and the amount required to be paid by such board of
higher education to permit the abandonment or withdrawal shall be
conditions to the closing of any sale pursuant to this subparagraph. In
the event of a sale pursuant to this subparagraph, the authority shall
be relieved of any obligation to transfer the dormitory and attendant
facility or portion thereof being sold to the city of New York, the
state of New York or the board of higher education in the city of New
York pursuant to clause (b) of subparagraph two of this paragraph. Any
and all rights of the city of New York, the state of New York and such
board of higher education in and to such dormitory and attendant
facility or portion thereof shall be deemed to be fully satisfied and
extinguished by a sale pursuant to this subparagraph. At the request of
the authority, the city of New York, the state of New York and such
board of higher education shall join in the deed or execute a quitclaim
or other legal instrument of conveyance of their respective interests,
if any, therein.
(4) Notwithstanding any other provision of law, the authority, if
requested by the city university construction fund and the board of
higher education in the city of New York, may lease all or any part of
any dormitory and attendant facility provided by the authority for the
city university pursuant to paragraph f of this subdivision to a third
party upon such terms and conditions as the authority, the city
university construction fund and the board of higher education in the
city of New York shall deem appropriate and as are consistent with the
provisions of the applicable agreement entered into by the authority
with the city university construction fund and the board of higher
education in the city of New York and the applicable resolution of the
authority. Provided, however, that the foregoing provisions of this
subparagraph only to the extent that they otherwise require a request
for and approval by the city university construction fund or the board
of higher education in the city of New York shall not apply to any lease
of the parcels which constitute one hundred twenty-three and one hundred
twenty-seven West one hundred eighty-third street in the city of New
York being in section eleven, block three thousand two hundred
twenty-five, lot forty-eight in Bronx county (also known as Sedgwick
dormitory and North hall). Any rentals or other moneys received by the
authority pursuant to such lease shall be applied by the authority in
accordance with the terms of the applicable agreement and resolution.
Any leasing of such dormitory and attendant facility or portion thereof
by the authority pursuant to the terms of this subparagraph shall not be
deemed to constitute a breach by the authority of the terms and
conditions of, or a default by the authority under any agreement which
the authority may have entered into with the city university
construction fund and the board of higher education in the city of New
York, or any resolution of the authority, applicable to the dormitory
and attendant facility or portion thereof being leased.
e. Any lease of a dormitory and attendant facility authorized by this
subdivision shall be a general obligation of the lessee and may contain
certain provisions, which shall be a part of the contract with the
holders of the bonds of the authority issued for such dormitory, as to
(1) pledging all or any part of the moneys, earnings, income and
revenues derived by the lessee from such dormitory or any part or parts
thereof, or other personal property of the lessee, to secure payments
required under the terms of such lease;
(2) the rates, rentals, fees and other charges to be fixed and
collected by the lessee, the amounts to be raised in each year thereby,
and the use and disposition of such moneys, earnings, income and
revenues;
(3) the setting aside of reserves and the creation of special funds
and the regulation and disposition thereof;
(4) the procedure, if any, by which the terms of such lease may be
amended, the amount of bonds the holders of which must consent thereto,
and the manner in which such consent may be given;
(5) vesting in a trustee or trustees such specified properties,
rights, powers and duties as shall be deemed necessary or desirable for
the security of the holders of the bonds of the authority issued for
such dormitory;
(6) the obligations of the lessee with respect to the replacement,
reconstruction, maintenance, operation, repairs and insurance of such
dormitory;
(7) defining the acts or omissions to act which shall constitute a
default in the obligations and duties of the lessee, and providing for
the rights and remedies of the authority and of its bondholders in the
event of such default;
(8) any other matters, of like or different character, which may be
deemed necessary or desirable for the security or protection of the
authority or the holders of its bonds.
f. (1) Notwithstanding any other provision of law, general or special,
the dormitory authority is hereby authorized and empowered to acquire,
design, construct, reconstruct, rehabilitate, and improve or otherwise
provide and furnish and equip dormitories and attendant facilities for
the use of the city university, in accordance with the terms of any
lease, sublease, or other agreement entered into by the authority,
pursuant to article one hundred twenty-five-B of the education law, with
the city university construction fund, or with such fund and the board
of higher education in the city of New York. The dormitory authority may
issue its bonds to finance the cost of senior college facilities either
together with or separate from bonds issued to finance the cost of
community college facilities, and may issue its bonds to finance the
local sponsor's portion of the cost of community college facilities
either together with or separate from its bonds issued to finance the
state's portion of the cost of such community college facilities.
Notwithstanding any other provision of law, general or special, the
dormitory authority may acquire, design, construct or otherwise provide
and furnish and equip dormitories and attendant facilities for the use
of Hunter College, which may include therein a police and fire station,
upon a site set forth in and in accordance with the terms of any lease,
sublease or other agreement entered into by the authority pursuant to
article one hundred twenty-five-B of the education law with the city
university construction fund, the city of New York and the board of
higher education in such city. The police and fire station portions of
such facility shall be deemed capital projects of the city of New York
within the meaning of chapter nine of the New York city charter. Any
conveyance of real property or rights and interests therein by the city
to the dormitory authority with respect to such facility shall not
include title to that portion of the real property to be occupied by the
police and fire station portions thereof but shall include the air
rights over such police and fire stations and subsurface rights
thereunder.
(2) The provisions of this subdivision shall apply to projects
undertaken by the dormitory authority pursuant to this paragraph
provided, however, that wherever any provision of this subdivision
authorizes or requires action on the part of an educational institution
such provision, so far as it applies to any such project, shall be
deemed to refer to action on the part of the city university
construction fund or the board of higher education of the city of New
York, as the case may be.
h. Notwithstanding any other provision of law, general or special, the
dormitory authority is hereby authorized and empowered to acquire
dormitories, including existing dormitories, from any educational
institution for such consideration and upon such terms as may be
approved by the authority.
i. Notwithstanding any other provision of law the dormitory authority
is hereby authorized and empowered to enter into any agreement, lease or
sublease with any not-for-profit corporation or any political
subdivision of the state of New York or the state of New York to allow a
dormitory to be used and occupied by persons sixty-five years of age or
older.
j. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two for a housing unit for the use of
students at a state-operated institution or statutory or contract
college under the jurisdiction of the state university of New York shall
be one billion five hundred sixty-one million dollars. Such amount shall
be exclusive of bonds and notes issued to fund any reserve fund or
funds, costs of issuance, and to refund any outstanding bonds and notes
relating to a housing unit under the jurisdiction of the state
university of New York.
k. (1) For purposes of this section, the following provisions shall
apply to the powers in connection with the provision of detention
facilities certified by the office of children and family services or by
such office in conjunction with the state commission of correction or
for the provision of residential facilities licensed by the office of
children and family services including all necessary and usual attendant
and related facilities and equipment.
(2) Notwithstanding any other provision of law, any entity as listed
above shall have full power and authority to enter into such agreements
with the dormitory authority as are necessary to finance and/or
construct detention or residential facilities described above, including
without limitation, the provision of fees and amounts necessary to pay
debt service on any obligations issued by the dormitory authority for
same, and to assign and pledge to the dormitory authority, any and all
public funds to be apportioned or otherwise made payable by the United
States, any agency thereof, the state, any agency thereof, a political
subdivision, as defined in section one hundred of the general municipal
law, any social services district in the state or any other governmental
entity in an amount sufficient to make all payments required to be made
by any such entity as listed above pursuant to any lease, sublease or
other agreement entered into between any such entity as listed above and
the dormitory authority. All state and local officers are hereby
authorized and required to pay all such funds so assigned and pledged to
the dormitory authority or, upon the direction of the dormitory
authority, to any trustee of any dormitory authority bond or note
issued, pursuant to a certificate filed with any such state or local
officer by the dormitory authority pursuant to the provisions of this
section.
l. (1) For purposes of this section, the following provisions shall
apply to the powers in connection with the provision of detention
facilities certified by the office of children and family services or by
such office in conjunction with the state commission of correction,
including any joint county detention facility established in accordance
with section two hundred eighteen-a of the county law, or for the
provision of residential facilities licensed by the office of children
and family services including all necessary and usual attendant and
related facilities and equipment.
(2) Notwithstanding any other provision of law, the office of children
and family services, the division of the budget, any county and any
entity as listed above shall have full power and authority to enter into
such agreements with the dormitory authority as are necessary or useful
to finance and/or construct detention or residential facilities
described above, including without limitation, such agreements that may
provide for or warrant the uninterrupted provision of fees and amounts
necessary to pay debt service on any obligations issued by the dormitory
authority for same, and to assign and pledge to the dormitory authority,
any and all public funds to be apportioned or otherwise made payable by
the United States, any agency thereof, the state, any agency thereof, a
political subdivision, as defined in section one hundred of the general
municipal law, any social services district in the state or any other
governmental entity in an amount sufficient to make all payments
required to be made by any such entity as listed above pursuant to any
lease, sublease, pledge agreement or other agreement entered into
between any such entity as listed above, any county and the dormitory
authority; any such agreement shall not constitute indebtness for
purposes of the state constitution or section 20.00 of the local finance
law, and shall not be deemed either executory or to create any
contractual obligation in excess of the amounts appropriated annually
for such purpose. All state and local officers are hereby authorized and
required to pay all such funds so assigned and pledged to the dormitory
authority or, upon the direction of the dormitory authority, to any
trustee of any dormitory authority bond or note issued, pursuant to a
certificate filed with any such state or local officer by the dormitory
authority pursuant to the provisions of this section.
3. a. The authority also shall have power to make loans to any
educational institution for the acquisition, construction,
reconstruction, rehabilitation and improvement, or otherwise providing,
furnishing and equipping of dormitories and attendant facilities, for
the purpose of financing or refinancing the cost thereof or for the
purpose of acquiring any federally guaranteed security in accordance
with subdivision sixteen of section sixteen hundred seventy-eight of
this chapter. Each such loan shall be premised upon an agreement,
agreements, or supplements thereto, between the authority and the
institution, which agreement, agreements, or supplements thereto, may
make provisions as to payment, security, maturity, redemption, interest,
payment of any expenses of the authority and other appropriate matters.
b. The authority shall likewise have power to make loans to any
educational institution to refund existing bonds, mortgages or advances
given or made by such institution for the construction of dormitories to
the extent that this will enable such educational institution to offer
greater security for loans for new dormitory construction or to effect
savings in interest cost or more favorable amortization terms.
c. For the purpose of obtaining loans under subdivision three of this
section every educational institution shall, notwithstanding the
provisions of any other law, have power to mortgage and pledge any of
its real or personal property, to pledge any of its income from whatever
source, and to purchase and pledge a federally guaranteed security for
the repayment of the principal of and interest on any loan made to it by
the authority or to pay the interest on and principal and redemption
premium, if any, of any note, bond or other evidence of indebtedness
evidencing the debt created by any such loan; provided that the
foregoing shall not be construed to authorize actions in conflict with
specific legislation, trusts, endowment, or other agreements relating to
specific properties or funds.
d. Moneys of the authority received from any educational institution
in payment of any sum due to the authority pursuant to the terms of any
loan or other agreement or any bond, note or other evidence of
indebtedness, shall be deposited in an account in which only moneys
received from educational institutions under this subdivision shall be
deposited and shall be kept separate and apart from and not commingled
with any other moneys of the authority. Moneys deposited in such account
shall be paid out on checks signed by the chairman of the authority or
by such other person or persons as the authority may authorize.
4. Whenever the dormitory authority under subdivision two of this
section undertakes to construct, acquire or otherwise provide and
operate and manage a dormitory and attendant facilities, the dormitory
authority shall be responsible for the direct operation and maintenance
costs of such dormitory but each educational institution in connection
with which such a dormitory is provided and operated and managed shall
be responsible at its own expense for the over-all supervision of each
dormitory, for the overhead and general administrative costs of the
educational institution which are incurred because of such dormitory and
for the integration of each dormitory operation into the institution's
educational program so that in so far as practicable the declaration of
policy as outlined in section one of chapter eight hundred fifty of the
laws of nineteen hundred fifty-five and a declaration of policy
contained in section one of an act of the legislature of nineteen
hundred fifty-nine amending this subdivision may be fully achieved.
Whenever the dormitory authority under subdivision two of this section
undertakes to construct, acquire or otherwise provide a dormitory and
attendant facilities and to lease the same to an educational
institution, the lessee shall be responsible for the direct operation
and maintenance costs of such dormitory and in addition shall be
responsible for the over-all supervision of each dormitory, for the
overhead and general administrative costs of the lessee which are
incurred because of such dormitory and for the integration of each
dormitory operation into the lessee's educational program so that in so
far as practicable the declaration of policy as outlined in section one
of chapter eight hundred fifty of the laws of nineteen hundred
fifty-five and a declaration of policy contained in section one of an
act of the legislature of nineteen hundred fifty-nine amending this
subdivision may be fully achieved. Whenever the dormitory authority
under subdivision three of this section makes loans for the construction
of a dormitory, the educational institution at which such dormitory is
located shall be responsible for the direct operation and maintenance
costs of such dormitory and in addition shall be responsible for the
over-all supervision of each dormitory, for the overhead and general
administrative costs of the educational institution which are incurred
because of such dormitory and for the integration of each dormitory
operation into the institution's educational program so that in so far
as practicable the declaration of policy as outlined in section one of
chapter eight hundred fifty of the laws of nineteen hundred fifty-five
and a declaration of policy contained in section one of an act of the
legislature of nineteen hundred fifty-nine amending this subdivision may
be fully achieved.
5. All the provisions of this title four not inconsistent with the
provisions of this section sixteen hundred eighty, shall be applicable
with respect to any bonds of the authority issued to obtain funds for
any purpose authorized under this section sixteen hundred eighty, and
with respect to the powers of the authority hereunder.
6. To obtain funds for construction, acquisition or provision of
dormitories and loans under this section, the authority shall have power
from time to time to issue negotiable bonds or notes.
7. Any pledge of or other security interest in moneys, earnings,
income, revenues, accounts, contract rights, general intangibles or
other personal property made or created by the authority shall be valid,
binding and perfected from the time when such pledge or other security
interest attaches, without any physical delivery of the collateral or
further act. The lien of any such pledge or other security interest
shall be valid, binding and perfected as against all parties having
claims of any kind in tort, contract or otherwise against the authority
irrespective of whether or not such parties have notice thereof. No
instrument by which such a pledge or other security interest is created
nor any financing statement need be recorded or filed. This subdivision
shall apply notwithstanding the provisions of the uniform commercial
code.
8. For all purposes of this section sixteen hundred eighty, the term
"dormitory" shall include and mean a housing unit, including all
necessary and usual attendant and related facilities and equipment,
provided for the use of married students, faculty, staff and the
families thereof.
9. (a) Notwithstanding any other provision of law to the contrary,
each local sponsor shall have power to convey or cause to be conveyed to
the authority real property or rights in real property required in
connection with the providing and financing of a facility by the
authority for a locally sponsored community college for which such local
sponsor is the sponsor or one of the sponsors and who also enters into
agreements and leases with the dormitory authority pursuant to paragraph
e of subdivision two of this section. The authority to make any such
conveyance shall not be subject to a mandatory or permissive referendum.
(b) Notwithstanding the provisions of any general, special or local
law, charter or ordinance to the contrary, on request of the local
sponsor of a locally sponsored community college in the city of New York
and with the approval of the city board of estimate, the city of New
York may sell, convey, lease, exchange or otherwise make available to
the dormitory authority, for a nominal consideration, any interest in
real property of the city designated by such local sponsor as suitable
for a facility. Such sale, conveyance, lease, exchange, or other
disposition may be made at a nominal cost and without the requirement of
public auction or sealed bids, or restriction as to the term of any such
lease or arrangement, and the provisions of subdivision b of section
three hundred eighty-four of the New York city charter shall not apply
in such cases. Conveyances made pursuant to this section shall include
but shall not be limited to real property on which are situated
facilities of, or are under the jurisdiction of, or assigned to, the
board of education of the city school district of the city of New York.
(c) Notwithstanding the provisions of any general, special or local
law, charter or ordinance to the contrary, the city board of estimate on
behalf of the city of New York may grant revocable or irrevocable
consents or rights of any kind or nature whatsoever, providing for or
involving or relating to the occupation or use of any of the streets of
the city, whether on, under or over the surface thereof, to the
dormitory authority, on such terms and conditions and for such period of
time or duration as may be determined by the board of estimate to be in
the public interest.
(d) The following provisions shall be applicable to agreements and
leases entered into between the authority and a local sponsor in
relation to the providing and financing by the authority of facilities
for locally sponsored community colleges, and to agreements and leases
entered into between the authority and the city university construction
fund in relation to the providing and financing by the authority of
facilities for city university community colleges.
(1) In addition to the provisions authorized by subdivision four of
section sixteen hundred eighty-two of this title four, any resolution or
resolutions authorizing any bonds for the purpose of financing the cost
of providing facilities for locally sponsored or city university
community colleges may contain provisions which may be a part of the
contract with the holders of such bonds providing for the creation and
establishment and maintenance of reserve funds and payments to such
reserve funds as hereinafter in this paragraph set forth.
(2) The authority may create and establish one or more reserve funds
to be known as debt service reserve funds and may pay into such reserve
funds (i) any moneys appropriated and made available by the state for
the purposes of such funds, (ii) any proceeds of the sale of bonds and
notes to the extent provided in the resolution of the authority
authorizing the issuance thereof, and (iii) any other moneys which may
be made available to the authority for the purposes of such funds from
any other source or sources. The moneys held in or credited to any debt
service reserve fund established under this paragraph, except as
hereinafter provided, shall be used solely for the payment of the
principal of bonds of the authority secured by such reserve fund, as the
same mature, the purchase of such bonds of the authority, the payment of
interest on such bonds of the authority or the payment of any redemption
premium required to be paid when such bonds are redeemed prior to
maturity; provided, however, that moneys in any such fund shall not be
withdrawn therefrom at any time in such amount as would reduce the
amount of such fund to less than the maximum amount of principal and
interest maturing and becoming due in any succeeding calendar year on
the bonds of the authority then outstanding and secured by such reserve
fund, except for the purpose of paying principal and interest on the
bonds of the authority secured by such reserve fund maturing and
becoming due and for the payment of which other moneys of the authority
are not available. Any income or interest earned by, or increment to,
any such debt service reserve fund due to the investment thereof may be
transferred to any other fund or account of the authority to the extent
it does not reduce the amount of such debt service reserve fund below
the maximum amount of principal and interest maturing and becoming due
in any succeeding calendar year on all bonds of the authority then
outstanding and secured by such reserve fund.
(3) The authority shall not issue bonds at any time if the maximum
amount of principal and interest maturing and becoming due in a
succeeding calendar year on the bonds outstanding and then to be issued
and secured by a debt service reserve fund will exceed the amount of
such reserve fund at the time of issuance, unless the authority at the
time of issuance of such bonds, shall deposit in such reserve fund from
the proceeds of the bonds so to be issued, or otherwise, an amount which
together with the amount then in such reserve fund, will be not less
than the maximum amount of principal and interest maturing and becoming
due in any succeeding calendar year on the bonds then to be issued and
on all other bonds of the authority then outstanding and secured by such
reserve fund.
(4) To ensure the continued operation and solvency of the authority
for the carrying out of the public purposes relating to providing
facilities for locally sponsored or city university community colleges
provision is made in the foregoing provisions of this paragraph d for
the accumulation in each debt service reserve fund of an amount equal to
the maximum amount of principal and interest maturing and becoming due
in any succeeding calendar year on all bonds of the authority then
outstanding and secured by such reserve fund. In order further to ensure
the maintenance of such debt service reserve funds, there shall be
annually apportioned and paid to the authority for deposit in each debt
service reserve fund such sum, if any, as shall be certified by the
chairman of the authority to the governor and state director of the
budget as necessary to restore such reserve fund to an amount equal to
the maximum amount of principal and interest maturing and becoming due
in any succeeding calendar year on the bonds of the authority then
outstanding and secured by such reserve fund. The chairman of the
authority shall annually, on or before December first, make and deliver
to the governor and state director of the budget his certificate stating
the sum, if any, required to restore each such debt service reserve fund
to the amount aforesaid, and the sum or sums so certified, if any, shall
be apportioned and paid to the authority during the then current state
fiscal year. The principal amount of bonds secured by a debt service
reserve fund or funds to which state funds are apportionable pursuant to
this subparagraph shall be limited to the total amount of bonds and
notes outstanding on the effective date of this act, plus the total
amount of bonds and notes contracted after the effective date of this
act to finance projects in progress on the effective date of this act as
determined by the New York state public authorities control board
created pursuant to section fifty of this chapter whose affirmative
determination shall be conclusive as to all matters of law and fact
solely for the purposes of the limitations contained in this
subparagraph, but in no event shall the total amount of bonds so secured
by such a debt service reserve fund or funds exceed two hundred seventy
million dollars for locally sponsored community colleges and four
hundred seventy million dollars for city university community colleges,
excluding bonds issued to refund such outstanding bonds until the date
of redemption of such outstanding bonds. As outstanding bonds so secured
are paid, the amount so secured shall be reduced accordingly but the
redemption of such outstanding bonds from the proceeds of refunding
bonds shall not reduce the amount so secured.
(5) In computing any debt service reserve fund for the purposes of
this paragraph, securities in which all or a portion of such reserve
fund shall be invested shall be valued at par, or if purchased at less
than par, at their cost to the authority.
(e) All the provisions of this title four not inconsistent with the
provisions of this section sixteen hundred eighty shall be applicable
with respect to any bonds of the authority issued to obtain funds for
the purpose of providing facilities for locally sponsored community
colleges.
(f) No agreement by the dormitory authority with a local sponsor shall
be effective unless and until it is approved by the state university
trustees and the state director of the budget or his designee and, in
the case of a locally sponsored community college in the city of New
York, it is also approved by the director of the budget of the city of
New York or his designee.
(g) No agreement by the dormitory authority with the city university
construction fund or with such fund and the city university with respect
to a city university community college, entered into prior to July
first, nineteen hundred eighty-five and no agreement entered into on or
after July first, nineteen hundred eighty-five which is supplemental to
any agreement entered into prior to such July first, shall be effective
unless and until it is approved by the state director of the budget or
his designee and by the director of the budget of the city of New York
or his designee.
10. The local sponsor shall have full power and authority to assign
and pledge to the authority any and all public funds to be apportioned
or otherwise made payable by a local sponsor or by the state of New York
to the local sponsor for purposes of the locally sponsored community
college pursuant to the provisions of subdivision eight of section
sixty-three hundred four of the education law and any tuition and
instructional fees received from students attending such locally
sponsored community college.
All state officers and local sponsors concerned are hereby authorized
to pay all such funds so assigned and pledged to the commissioner of
taxation and finance for deposit in the community college tuition and
instructional income fund.
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be one billion two
hundred twenty-seven million ninety-five thousand dollars
$1,227,095,000. Such amount shall be exclusive of bonds and notes issued
to fund any reserve fund or funds, costs of issuance and to refund any
outstanding bonds and notes, issued on behalf of the state, relating to
a locally sponsored community college.
11. In the case of any locally sponsored community college, other than
a locally sponsored community college in the city of New York or a
locally sponsored community college where the local sponsor has entered
into an agreement with the dormitory authority to finance and construct
a facility for such college, construction of the facilities may be
performed by the local sponsor under existing statute.
12. In the case of a locally sponsored community college in the city
of New York or in the case of a locally sponsored community college
where the local sponsor has entered into an agreement with the dormitory
authority to finance and construct a facility for such college, any
construction of such facility shall be performed by the dormitory
authority pursuant to the provisions of this title four.
13. Upon application of a local sponsor of a locally sponsored
community college, which application has been approved by the state
university trustees and the state director of the budget or his designee
and, in the case of a locally sponsored community college in the city of
New York, has also been approved by the director of the budget of the
city of New York or his designee, the dormitory authority may acquire,
design, construct, reconstruct, rehabilitate and improve, and furnish
and equip or otherwise provide facilities pursuant to the provisions of
this title four and in such event the obligations of the authority
issued to finance the cost of such project shall be repaid pursuant to
an agreement between such local sponsor and the dormitory authority. The
dormitory authority may issue its bonds to finance the local sponsor's
portion of the cost of such project either together with or separate
from the bonds issued by the dormitory authority to finance the state's
portion of the cost of such project.
14. (a) During any twelve month period beginning with a July first and
ending on a June thirtieth, hereinafter referred to in this subdivision
as a "school year", the dormitory authority shall not deliver a series
of bonds for any locally sponsored community college project, except to
refund or to be substituted for or in lieu of other bonds in relation to
such locally sponsored community college, unless (1) the amount of
tuition and instructional fees received by the local sponsor from
students attending such locally sponsored community college for the
school year immediately preceding the school year in which such bonds
are proposed to be delivered shall exceed the amount which the
commissioner of taxation and finance is required to maintain on deposit
in the community college tuition and instructional income fund pursuant
to the provisions of subdivision five of section ninety-seven-p of the
state finance law for such locally sponsored community college, or
(2) the local sponsor of such locally sponsored community college
shall submit proof in form satisfactory to the dormitory authority that
the amount of tuition and instructional fees to be received by the local
sponsor from students attending such college for the third school year
after the school year in which such bonds are proposed to be delivered
shall exceed the amount which the commissioner of taxation and finance
is required to maintain on deposit in the community college tuition and
instructional income fund pursuant to the provisions of subdivision five
of section ninety-seven-p of the state finance law for such college.
(b) The provisions of paragraph a of this subdivision shall not apply
to facilities for a locally sponsored community college in the city of
New York other than the fashion institute of technology.
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred
eighty-five or any resolution supplemental thereto, if the principal
amount of bonds so to be issued when added to all principal amounts of
bonds previously issued by the dormitory authority for city university
community college facilities, except to refund or to be substituted in
lieu of other bonds in relation to city university community college
facilities will exceed the sum of four hundred twenty-five million
dollars and (ii) the dormitory authority shall not deliver a series of
bonds issued for city university facilities, including community college
facilities, pursuant to a resolution of the dormitory authority adopted
on or after July first, nineteen hundred eighty-five, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university facilities and except for bonds issued pursuant to a
resolution supplemental to a resolution of the dormitory authority
adopted prior to July first, nineteen hundred eighty-five, if the
principal amount of bonds so to be issued when added to the principal
amount of bonds previously issued pursuant to any such resolution,
except bonds issued to refund or to be substituted for or in lieu of
other bonds in relation to city university facilities, will exceed
eleven billion three hundred fourteen million three hundred fifty-two
thousand dollars $11,314,352,000. The legislature reserves the right to
amend or repeal such limit, and the state of New York, the dormitory
authority, the city university, and the fund are prohibited from
covenanting or making any other agreements with or for the benefit of
bondholders which might in any way affect such right.
15. In order to effectuate the purposes of this title, the following
provisions shall apply to powers in connection with the provision of
facilities for locally sponsored community colleges except a facility
for a locally sponsored community college in the city of New York or a
facility for a community college sponsored by a community college
region:
(a) (1) The local sponsor by resolution of its governing body may
enter into a lease, sublease or other agreement for the provision of
facilities by the authority for such local sponsor upon such terms and
conditions as the authority shall determine to be reasonable, including
but not limited to the reimbursement of all costs of such construction
and claims arising therefrom.
(2) No such lease, sublease or other agreement shall be deemed to be a
contract for public work or purchase within the meaning of the general
municipal law.
(b) Any lease, sublease or other agreement entered into by the
authority and any local sponsor may provide that at the termination
thereof the title to the facility shall vest in the local sponsor or its
successor in interest, if any, free and clear of any indebtedness
contracted by the authority. Any such lease, sublease or other agreement
entered into by the authority and any local sponsor which shall provide
that the local sponsor shall be liable for the payment of rentals and
other payments due and payable to the dormitory authority pursuant to
such lease, sublease, or other agreement shall be subject to the
following provisions:
(1) The term of any such lease, sublease or other agreement shall not
exceed forty years which is hereby determined to be the period of
probable usefulness of any facility for a locally sponsored community
college authorized to be provided pursuant to this title, which term
shall be computed from the date of the first indebtedness contracted by
the authority for such facility.
(2) The annual payments to be made by the local sponsor to the
authority to enable the authority to pay the principal of any such
indebtedness contracted by it to finance the cost of such works or
facility shall commence within two years after any such indebtedness or
portion thereof shall have been contracted and no such annual payment
shall be more than fifty per centum in excess of the smallest prior
annual payment for such purpose.
(3) The local sponsor shall pledge its full faith and credit for the
payment of such annual payments described in subparagraph two of this
paragraph and also for the payments required to be made to the authority
to enable it to pay the interest on such indebtedness.
(4) The total amount of any unpaid annual payments in relation to the
principal of any such indebtedness shall be deemed to be indebtedness of
the local sponsor for a capital improvement within the meaning of
subparagraph b of subdivision three of paragraph a of section 135.00 of
the local finance law.
(5) The annual payments by a local sponsor in relation to such
indebtedness and interest shall be deemed to be "indebtedness" and
"interest" within the meaning of section ten of article eight of the
state constitution.
(6) The lease, sublease or other agreement shall not be renegotiated,
or amended, in such manner as to constitute a refunding within the
meaning of section two of article eight of the state constitution.
(7) The lease, sublease or other agreement shall not be applicable to
any facility constructed or reconstructed to effectuate the purposes of
article eighteen of the state constitution.
(8) The provisions of this title may be utilized by any local sponsor
notwithstanding the provision of any general or special law, or county
or city charter which (i) requires that any project must be constructed,
operated and maintained by the local sponsor, (ii) limits the period of
time for which a local sponsor may contract, (iii) requires that the
cost shall be paid for by taxes levied for the fiscal year in which the
expenditure is to be made, (iv) requires that the cost shall be financed
pursuant to the local finance law, or (v) only permits any such project
to be constructed subject to either mandatory or permissive referendum.
16. Any lease, sub-lease or other agreement entered into by the
authority and any local sponsor in connection with the provision of a
facility for a locally sponsored community college may provide for the
deduction or withholding from any state financial aid payable to any
such local sponsor, other than state financial aid apportioned and paid
pursuant to the provisions of subdivision eight of section sixty-three
hundred four of the education law, of an amount which has been
determined after audit by the state comptroller to have been expended in
excess of one-half of the total cost of acquiring, designing,
constructing, reconstructing, rehabilitating and improving and
furnishing and equipping or otherwise providing such facility for such
local sponsor except for the costs of establishing and maintaining
reserves and other costs of the authority incurred in connection with
the financing of such facility.
* 17. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for the
New York State Association for Retarded Children, Inc., Albany County
Chapter by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the New York State
Association for Retarded Children, Inc., Albany County Chapter shall
have full power and authority to assign and pledge to the dormitory
authority any and all public funds to be apportioned or otherwise made
payable by the state of New York, a political subdivision, as defined in
section one hundred of the general municipal law, or any social services
district in the state of New York in an amount sufficient to make all
payments required to be made by any such organization pursuant to any
lease, sublease or other agreement entered into between such
organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 5 sub 17's
* 17. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for the
Association for the Help of Retarded Children, Suffolk Chapter by the
dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the Association for
the Help of Retarded Children, Suffolk Chapter shall have full power and
authority to assign and pledge to the dormitory authority any and all
public funds to be apportioned or otherwise made payable by the state of
New York, a political subdivision, as defined in section one hundred of
the general municipal law, or any social services district in the state
of New York in an amount sufficient to make all payments required to be
made by any such organization pursuant to any lease, sublease or other
agreement entered into between such organization and the dormitory
authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 5 sub 17's
* 17. For the purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for
United Cerebral Palsy of Ulster County, Inc., hereinafter called the
organization, by the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shall
have full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by the
state, a political subdivision, as defined in section one hundred of the
general municipal law, or any social services district in the state in
an amount sufficient to make all payments required to be made by any
such organization pursuant to any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the authority or upon the
direction of the authority, to any trustee of any authority bond or note
issued pursuant to a certificate filed with any such state or local
officer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unless
and until it is approved by or on behalf of the commissioners of the
various state agencies that have jurisdiction over the project.
* NB There are 5 sub 17's
* 17. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for
Hillside Children's Center by the dormitory authority pursuant to this
title.
Except to the extent otherwise prohibited by law, Hillside Children's
Center shall have full power and authority to assign and pledge to the
dormitory authority any and all public funds to be apportioned or
otherwise made payable by the state of New York, a political
subdivision, as defined in section one hundred of the general municipal
law, or any social services district in the state of New York in an
amount sufficient to make all payments required to be made by any such
organization pursuant to any lease, sublease or other agreement entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 5 sub 17's
* 17. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for New
Dimensions in Living, Inc. and Associated Residential Centers, Inc. by
the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the New York State
Association for Retarded Children, Inc., Rensselaer County Chapter, the
New York State Association for Retarded Children, Inc., Montgomery
County Chapter, New Dimensions in Living, Inc. and Associated
Residential Centers, Inc. shall have full power and authority to assign
and pledge to the dormitory authority any and all public funds to be
apportioned or otherwise made payable by the state of New York, a
political subdivision, as defined in section one hundred of the general
municipal law, or any social services district in the state of New York
in an amount sufficient to make all payments required to be made by any
such organization pursuant to any lease, sublease or other agreement
entered into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 5 sub 17's
18. For purposes of this section, the following provisions shall apply
to powers in connection with the provision of dormitories for the New
York Society for the Deaf by the dormitory authority pursuant to this
title.
Except to the extent otherwise prohibited by law, the New York Society
for the Deaf shall have full power and authority to assign and pledge to
the dormitory authority any and all public funds to be apportioned or
otherwise made payable by the state of New York, a political
subdivision, as defined in section one hundred of the general municipal
law, or any social services district in the state of New York in an
amount sufficient to make all payments required to be made by any such
organization pursuant to any lease, sublease or other agreement entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* 19. For purposes of this section, the following provisions shall
apply to powers in connection with the purchase and renovation of a new
site for the library for the blind and physically handicapped by the
dormitory authority pursuant to this title:
a. Notwithstanding the provisions of any general or special law to the
contrary, and subject to the making of annual appropriations therefor by
the legislature, in order to assist the dormitory authority in the
purchase and renovation of a site in the county of New York for the
library for the blind and physically handicapped, and in consideration
of the undertaking thereof and the benefits to be derived therefrom by
the people of the state, the director of the budget is authorized in any
state fiscal year to enter into one or more service contracts, none of
which shall exceed thirty years in duration, with the dormitory
authority, upon such terms as the director of the budget and the
dormitory authority agree;
b. Any service contract entered into pursuant to paragraph a of this
subdivision or any payments made or to be made thereunder may be
assigned and pledged by the dormitory authority as security for its
bonds and notes;
c. Any such service contract shall provide that the obligation of the
director of the budget or 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 in the event the
dormitory authority assigns or pledges service contract payments as
security for its bonds or notes and shall be deemed executory only to
the extent moneys are available and that no liability shall be incurred
by the state beyond the moneys available for the purpose, and that such
obligation is subject to annual appropriation by the legislature;
d. Any service contract or contracts for projects entered into
pursuant to this subdivision shall provide for state commitments to
provide annually to the dormitory authority a sum or sums, upon such
terms and conditions as shall be deemed appropriate by the director of
the budget, to fund, or to fund the debt service requirements of any
bonds or notes, including bonds issued to fund any required debt service
reserve requirement for bonds, of the dormitory authority issued to fund
such projects having a cost not in excess of sixteen million dollars;
and
e. The New York public library, Astor, Lenox and Tilden foundations
shall not be required to pledge all or any part of its moneys, earnings,
income, revenues, accounts, contract rights, general intangibles, other
personal property, or assets to secure bonds issued by the dormitory
authority to finance the purchase and renovation of a new site for the
library for the blind and physically handicapped. The dormitory
authority shall possess and retain all the rights, title and interest in
and to the assets acquired with the proceeds of a bond or bonds issued
pursuant to this subdivision provided, however, that upon payment of all
outstanding debt service due on such bond or bonds all rights, title and
interest in and to such assets shall without any further payment by the
state of New York be vested in the state of New York. Within amounts
provided by the dormitory authority, the New York public library, Astor,
Lenox and Tilden foundation shall be responsible for the conduct of
necessary renovations of the acquired site.
* NB There are 4 sub 19's
* 19. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for New
Hope Community, Inc., by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, New Hope Community,
Inc., shall have full power and authority to assign and pledge to the
dormitory authority any and all public funds to be apportioned or
otherwise made payable by the federal government, any agency thereof,
the state of New York, a political subdivision, as defined in section
one hundred of the general municipal law, or any social services
district in the state of New York in an amount sufficient to make all
payments required to be made by any such organization pursuant to any
lease, sublease or other agreement entered into between such
organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 4 sub 19's
* 19. (a) The dormitory authority is empowered and authorized to enter
into a lease, sublease or other agreement with the state university
construction fund pursuant to which one or more state university
educational facilities are to be designed, acquired, constructed,
reconstructed, rehabilitated, improved or otherwise provided, or state
university educational facilities are to be furnished or equipped,
provided that such lease, sublease, or other agreement has been approved
by the state university of New York, which shall be a party thereto.
Such lease, sublease or other agreement may provide for the payment of
annual rentals and other payments by the state university construction
fund to the authority and contain such other terms and conditions as may
be agreed upon by the parties thereto, including, but not limited to,
provisions relating to the maintenance and operation of the state
university educational facilities, the establishment of reserve funds,
indemnities and the disposition of a facility or the interest of the
authority therein prior to or upon the termination or expiration of such
lease, sublease or other agreement. Such lease, sublease or other
agreement shall be subject to the approval of the director of the
budget.
(b) Notwithstanding the provisions of the public lands law or any
other law to the contrary, the state of New York, the state university
of New York and the state university construction fund may sell, convey,
lease, exchange or otherwise make available to the authority, for
nominal consideration, the title to or an interest in real property for
the purpose of providing state university educational facilities and may
enter into any lease, sublease or other agreement with the authority in
connection with state university educational facilities without public
auction or bidding or restriction as to the term of such lease, sublease
or other agreement.
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed eighteen billion one hundred ten million nine hundred sixty-four
thousand dollars $18,110,964,000; provided, however, that bonds issued
or to be issued shall be excluded from such limitation if: (1) such
bonds are issued to refund state university construction bonds and state
university construction notes previously issued by the housing finance
agency; or (2) such bonds are issued to refund bonds of the authority or
other obligations issued for state university educational facilities
purposes and the present value of the aggregate debt service on the
refunding bonds does not exceed the present value of the aggregate debt
service on the bonds refunded thereby; provided, further that upon
certification by the director of the budget that the issuance of
refunding bonds or other obligations issued between April first,
nineteen hundred ninety-two and March thirty-first, nineteen hundred
ninety-three will generate long term economic benefits to the state, as
assessed on a present value basis, such issuance will be deemed to have
met the present value test noted above. For purposes of this
subdivision, the present value of the aggregate debt service of the
refunding bonds and the aggregate debt service of the bonds refunded,
shall be calculated by utilizing the true interest cost of the refunding
bonds, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding bonds from the payment dates thereof
to the date of issue of the refunding bonds to the purchase price of the
refunding bonds, including interest accrued thereon prior to the
issuance thereof. The maturity of such bonds, other than bonds issued to
refund outstanding bonds, shall not exceed the weighted average economic
life, as certified by the state university construction fund, of the
facilities in connection with which the bonds are issued, and in any
case not later than the earlier of thirty years or the expiration of the
term of any lease, sublease or other agreement relating thereto;
provided that no note, including renewals thereof, shall mature later
than five years after the date of issuance of such note. The legislature
reserves the right to amend or repeal such limit, and the state of New
York, the dormitory authority, the state university of New York, and the
state university construction fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
(d) (1) (i) Notwithstanding any other provision of law, the bonds of
the authority issued for state university educational facilities
purposes shall be sold to the bidder offering the lowest true interest
cost, taking into consideration any premium or discount, not less than
four nor more than fifteen days, Sundays excepted, after a notice of
such sale has been published at least once in a newspaper of general
circulation in the area served by the authority, which shall state the
terms of the sale. The terms of the sale may not change unless notice of
such change is published in such newspaper at least one day prior to the
date of the sale as set forth in the original notice of sale.
Advertisements shall contain a provision to the effect that the
authority, in its discretion, may reject any or all bids made in
pursuance of such advertisements, and in the event of such rejection,
the authority is authorized to negotiate a private or public sale or
readvertise for bids in the form and manner above described as many
times as, in its judgment, may be necessary to effect a satisfactory
sale.
(ii) Notwithstanding the provisions of clause (i) of this
subparagraph, whenever in the judgment of the authority the interest of
the authority will be served thereby, the members of the authority, on
the written recommendation of the executive director, may authorize the
sale of such bonds at private or public sale on a negotiated basis or on
either a competitive or negotiated basis. The authority shall set
guidelines governing the terms and conditions of any such private or
public sales.
(2) The private or public bond sale guidelines set by the authority
shall include, but not be limited to, a requirement that where the
interests of the state will be served by a private or public sale of
bonds, the authority shall select underwriters for private or public
bond sales conducted pursuant to a request for proposal process
undertaken in accordance with the authority's procurement guidelines
adopted pursuant to section twenty-eight hundred seventy-nine of this
chapter from qualified underwriters taking into account, among other
things, qualifications of underwriters as to experience, their ability
to structure and sell authority bond issues, anticipated costs to the
authority, the prior experience of the authority with the firm, and, if
any, the capitalization of such firms.
(3) The authority shall have the power from time to time to amend such
private or public bond sale guidelines in accordance with the provisions
of this section.
(4) No such private or public bond sale on a negotiated basis shall be
conducted by the authority without prior approval of the comptroller.
(5) The authority shall annually prepare and approve a bond sale
report which shall include the private or public bond sale guidelines as
specified in subparagraph two of this paragraph, amendments to such
guidelines since the last private or public bond sale report, an
explanation of the bond sale guidelines and amendments, and the results
of any sale of bonds conducted during the fiscal year. Such bond sale
report may be a part of any other annual report that the authority is
required to make.
(6) (i) The authority shall annually submit its bond sale report to
the comptroller and copies thereof to the senate finance committee and
the assembly ways and means committee.
(ii) The authority shall make available to the public copies of its
bond sale report upon reasonable request therefor.
(7) Nothing contained in this paragraph shall be deemed to alter,
affect the validity of, modify the terms of or impair any contract or
agreement made or entered into in violation of, or without compliance
with, the provisions of this section.
(e) The state shall, in addition to any other moneys appropriated and
made available for the support of the state university of New York,
annually appropriate and pay to the state university construction fund
an amount equal to the aggregate of all annual rentals and other
payments due to the dormitory authority from the state university
construction fund on account of state university educational facilities,
which rentals and other payments are payable by the fund pursuant to any
lease, sublease or other agreement entered into between the dormitory
authority and the state university construction fund on or after July
first, nineteen hundred eighty-eight, for the year commencing April
first immediately succeeding the filing of the report required to be
submitted by the state university construction fund pursuant to
subdivision two of section three hundred eighty-two of the education
law. Such amount shall be paid to the state university construction fund
as follows:
(1) on or before the fifteenth day of September of the fiscal year of
the state, the amount required to be paid by the state university
construction fund on account of state university educational facilities
under any such lease, sublease or other agreement on or before the tenth
day of October of such state fiscal year;
(2) no later than three business days prior to the tenth day of April
of the fiscal year of the state, the amount required to be paid by the
state university construction fund on account of state university
educational facilities under any such lease, sublease or other agreement
on or before the tenth day of April of such state fiscal year; and
(3) on such day or days as shall be prescribed under any such lease,
sublease, or other agreement, the amount required to be paid by the
state university construction fund for the purpose of making payments
under any interest rate exchange or similar agreements entered into
pursuant to article five-D of the state finance law for state university
educational facilities.
Notwithstanding any other provision of law, the state comptroller
shall annually encumber that portion of the amount appropriated for
payment to the state university construction fund equal to the amount
required to be paid pursuant to subparagraphs two and three of this
paragraph in the fiscal year following the year in which the
appropriation is made pursuant to any lease, sublease or other agreement
between the fund, the authority and the state university of New York
with respect to authority bonds issued or interest rate exchange and
similar agreements entered into for state university educational
facilities, before the end of the fiscal year in which the appropriation
is made. The amount so encumbered shall be payable to the fund pursuant
to subparagraphs two and three of this paragraph, in the manner
prescribed by law.
In the event of the failure of the state to pay the state university
construction fund when due pursuant to this subdivision all or part of
such amounts, the state university construction fund shall forthwith
make and deliver to the state comptroller a certificate stating the
amount of the payment required to have been made by the state, the
amount paid by the state and the amount remaining unpaid by the state.
The state comptroller, after giving written notice to the director of
the budget, shall pay to the state university construction fund the
amount set forth in such certificate as remaining unpaid, which amount
shall be paid from any moneys appropriated by the state for or on
account of the operating costs of the state university of New York and
not yet paid. The amount required to be paid by the state comptroller
pursuant to this subdivision shall be paid to the state university
construction fund as soon as practicable after receipt of the
certificate of the state university construction fund and notice to the
director of the budget is given, whether or not the moneys from which
such payment is to be made are then due and payable to the state
university.
(f) The amount of state appropriations payable to the state university
of New York from which the state comptroller has made a payment pursuant
to this subdivision shall be reduced by the amount so paid to the state
university construction fund, notwithstanding the amount appropriated
and apportioned by the state to the state university of New York, and
the state shall not be obligated to make and the state university of New
York shall not be entitled to receive any additional apportionment or
payment of state moneys.
(g) The amount of money required to be paid pursuant to this
subdivision shall be determined from the report required to be submitted
by the state university construction fund pursuant to subdivision two of
section three hundred eighty-two of the education law. Nothing contained
in this subdivision shall be construed to create an obligation upon the
state to appropriate moneys for or on account of the operating costs of
state university educational facilities, to preclude the state from
reducing the amount of moneys appropriated or level of support provided
for the operating costs of the state university of New York from the
amount appropriated or level of support provided in any prior state
fiscal year, or to preclude the state from altering or modifying the
manner in which it provides for the operating costs of the state
university of New York.
* NB There are 4 sub 19's
* 19. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for
United Cerebral Palsy of New York City, Inc. by the dormitory authority
pursuant to this title.
Except to the extent otherwise prohibited by law, United Cerebral
Palsy of New York City, Inc. shall have full power and authority to
assign and pledge to the dormitory authority any and all public funds to
be apportioned or otherwise made payable by the state of New York, a
political subdivision, as defined in section one hundred of the general
municipal law, or any social services district in the state of New York
in an amount sufficient to make all payments required to be made by any
such organization pursuant to any lease, sublease or other agreement
entered into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issue pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 4 sub 19's
20. Subject to the provisions of any lease, sublease or other
agreement with the state university of New York and state university
construction fund or with the city university of New York and the city
university construction fund to the contrary, in any case where the
authority and the respective fund are authorized to and have agreed that
the authority will award contracts for the design and construction of a
project, the authority shall prepare or cause to be prepared a facility
design and performance plan with the state university of New York and
state university construction fund or with the city university of New
York and the city university construction fund. Such plan shall set
forth the terms and conditions associated with the construction
management process, including, but not limited to, provisions relating
to the selection of architects, construction consultants, construction
managers and contractors, the relative responsibilities of the authority
and the respective fund with respect to the initial project budget, the
preparation of working drawings and budgets, the project construction
process, beneficial occupancy including formal notifications, punch
lists and acceptance by all parties, notification of construction
completion, project close-out, and the commencement of responsibility
for maintenance of the facility. Such plan shall also include provisions
relating to the responsibility of the authority to require appropriate
performance and surety bonds, the diligent pursuit by the authority of
remedies against architects, contractors and sureties deemed to be in
default in the performance of their obligations, and, generally, the
management of the construction process in a professional manner in
accordance with prevailing construction industry standards. The
authority shall submit the facility design and performance plan to the
respective fund for inclusion in the capital program plan submitted by
the respective university to the director of the budget.
* 21. For the purposes of this section, the following provisions shall
apply to powers in connection with the acquisition, financing,
refinancing, construction, reconstruction, improvement, renovation,
development, expansion, furnishing, equipping or otherwise providing for
a new school building and provision of dormitories for the Westchester
School for Special Children, Westchester county, hereinafter called the
organization, by the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shall
have full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by the
state, a political subdivision, as defined in section one hundred of the
general municipal law, or any social services district in the state in
an amount sufficient to make all payments required to be made by any
such organization pursuant to any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the authority or upon the
direction of the authority, to any trustee of any authority bond or note
issued pursuant to a certificate filed with any such state or local
officer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unless
and until it is approved by or on behalf of the commissioners of the
various state agencies that have jurisdiction over the project.
* NB There are 3 sub 21's
* 21. For the purposes of this section, the following provisions shall
apply to powers in connection with the construction of a new school
building and provision of dormitories for the Guided Growth, Inc. of
Hawthorne, Westchester county, hereinafter called the organization, by
the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shall
have full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by the
state, a political subdivision, as defined in section one hundred of the
general municipal law, or any social services district in the state in
an amount sufficient to make all payments required to be made by any
such organization pursuant to any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the authority or upon the
direction of the authority, to any trustee of any authority bond or note
issued pursuant to a certificate filed with any such state or local
officer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unless
and until it is approved by or on behalf of the commissioners of the
various state agencies that have jurisdiction over the project.
* NB There are 3 sub 21's
* 21. For the purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for
Saint Christopher-Ottilie, Nassau county, hereinafter called the
organization, by the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shall
have full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by the
state, a political subdivision, as defined in section one hundred of the
general municipal law, or any social services district in the state in
an amount sufficient to make all payments required to be made by any
such organization pursuant to any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the authority or upon the
direction of the authority, to any trustee of any authority bond or note
issued pursuant to a certificate filed with any such state or local
officer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unless
and until it is approved by or on behalf of the commissioners of the
various state agencies that have jurisdiction over the project.
* NB There are 3 sub 21's
* 22. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for The
National Center for the Study of Wilson's Disease, Inc. by the dormitory
authority pursuant to this title.
Except to the extent otherwise prohibited by law, The National Center
for the Study of Wilson's Disease, Inc. shall have full power and
authority to assign and pledge to the dormitory authority any and all
public funds to be apportioned or otherwise made payable by the state of
New York, a political subdivision, as defined in section one hundred of
the general municipal law, or any social services district in the state
of New York in an amount sufficient to make all payments required to be
made by any such organization pursuant to any lease, sublease or other
agreement entered into between such organization and the dormitory
authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 3 sub 22's
* 22. For the purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for
Orange County Cerebral Palsy Association, Inc., hereinafter called the
organization, by the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shall
have full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by the
state, a political subdivision, as defined in section one hundred of the
general municipal law, or any social services district in the state in
an amount sufficient to make all payments required to be made by any
such organization pursuant to any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the authority or upon the
direction of the authority, to any trustee of any authority bond or note
issued pursuant to a certificate filed with any such state or local
officer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unless
and until it is approved by or on behalf of the commissioners of the
various state agencies that have jurisdiction over the project.
* NB There are 3 sub 22's
* 22. For the purposes of this section, the following provisions shall
apply to powers in connection with the provision of facilities for
Wildwood Programs, Inc. (formerly a school building for the Wildwood
School program of New York Association for the Learning Disabled,
Capital District Chapter, Inc.) by the dormitory authority pursuant to
this title.
Except to the extent otherwise prohibited by law, Wildwood Programs,
Inc., (formerly New York Association for the Learning Disabled, Capital
District Chapter, Inc.) shall have full power and authority to assign
and pledge to the dormitory authority any and all public funds to be
apportioned or otherwise made payable by the state of New York, a
political subdivision, as defined in section one hundred of the general
municipal law, or any social services district in the state of New York
in an amount sufficient to make all payments required to be made by any
such organization pursuant to any lease, sublease, or other agreement
entered into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 3 sub 22's
25. For the purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for The
Devereux Foundation by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, The Devereux
Foundation shall have full power and authority to assign and pledge to
the dormitory authority any and all public funds to be apportioned or
otherwise made payable by the state of New York, a political
subdivision, as defined in section one hundred of the general municipal
law, or any social services district in the state of New York in an
amount sufficient to make all payments required to be made by any such
organization pursuant to any lease, sublease or other agreement entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
26. a. The dormitory authority is empowered and authorized to enter
into a lease, sublease or other agreement with the department of health
of the state of New York pursuant to which one or more facilities are to
be designed, acquired, constructed, reconstructed, rehabilitated,
improved or otherwise provided for the department of health, or such
facilities are to be furnished or equipped. Such lease, sublease or
other agreement may provide for the payment of annual rentals and other
payments by the department of health to the authority from
appropriations, as provided in paragraph c of this subdivision and
contain such other terms and conditions as may be agreed upon by the
parties thereto, including, but not limited to, provisions relating to
the maintenance and operation of the facilities, the establishment of
reserve funds, indemnities and the disposition of a facility or the
interest of the authority therein prior to or upon the termination or
expiration of such lease, sublease or other agreement. Such lease,
sublease or other agreement shall be subject to the approval of the
director of the budget.
b. Any such lease, sublease or other agreement entered into pursuant
to this subdivision may provide that the provisions thereof shall remain
in force and effect until the issue of bonds of the authority to which
it relates, together with interest thereon, interest on any unpaid
installments of interest and the fees and expenses of the authority, are
fully met and discharged, and any payments to be made by the state may
be pledged by the authority to secure such bonds.
c. The state shall, in addition to any other moneys appropriated and
made available for the support of the department of health, annually
appropriate and pay to the dormitory authority an amount equal to the
aggregate of all annual rentals and other payments due to the dormitory
authority from the department of health on account of facilities for the
department of health, which rentals and other payments are payable by
the department of health pursuant to any lease, sublease or other
agreement entered into between the dormitory authority and the
department of health on or after July first, nineteen hundred
eighty-nine, for the year commencing April first immediately succeeding
the filing of the report required to be submitted by the department of
health pursuant to paragraph d of this subdivision. Such amount shall be
paid to the dormitory authority as follows: (i) on or before the
fifteenth day of May for the fiscal year of the state, the amount
required to be paid by the department of health on account of facilities
for the department of health under any such lease, sublease or other
agreement; and, (ii) on or before the fifteenth day of November of the
fiscal year of the state, the amount required to be paid by the
department of health under any such lease, sublease or other agreement.
The amount of money required to be paid pursuant to this subdivision
shall be determined from the report required to be submitted by the
commissioner of health pursuant to paragraph d of this subdivision.
d. On or before November fifteenth of each year, the commissioner of
health shall submit and thereafter may resubmit, to the director of the
budget, the state comptroller, the chairperson of the senate finance
committee and the chairperson of the assembly ways and means committee,
a report setting forth the amounts, if any, of all annual rentals and
other payments estimated to become due in the succeeding state fiscal
year to the dormitory authority from the department of health pursuant
to any lease, sublease or other agreement between the dormitory
authority and the department of health entered into on or after July
first, nineteen hundred eighty-nine, to provide facilities for the
department of health.
* 27. a. The dormitory authority is empowered and authorized to enter
into a lease, sublease or other agreement with the commissioner of
education of the state of New York pursuant to which one or more
facilities are to be designed, acquired, constructed, reconstructed,
rehabilitated, improved or otherwise provided for the education
department or such facilities are to be furnished or equipped. Such
lease, sublease or other agreement may provide for the payment of annual
rentals and other payments by the education department to the dormitory
authority from appropriations, as provided in paragraph c of this
subdivision, and contain such other terms and conditions as may be
agreed upon by the parties thereto, including, but not limited to,
provisions relating to the maintenance and operation of the facilities,
the establishment of reserve funds, indemnities and the disposition of a
facility or the interest of the dormitory authority therein, if any,
prior to or upon the termination or expiration of such lease, sublease
or other agreement. Such lease, sublease or other agreement shall be
subject to the approval of the director of the budget.
b. Any such lease, sublease or other agreement entered into pursuant
to this subdivision may provide that the provisions thereof shall remain
in force and effect until the issue of bonds of the dormitory authority
to which it relates, together with interest thereon, interest on any
unpaid installments of interest and the fees and expenses of the
dormitory authority, are fully met and discharged, and any payments to
be made by the state may be pledged by the dormitory authority to secure
such bonds.
c. The state shall, in addition to any other moneys appropriated and
made available for the support of the education department, annually
appropriate to the education department for payment to the dormitory
authority an amount equal to the aggregate of all annual rentals and
other payments due to the dormitory authority from the education
department on account of facilities for the education department which
rentals and other payments are payable by the education department
pursuant to any lease, sublease or other agreement entered into between
the dormitory authority and the education department on or after July
first, nineteen hundred ninety for the year commencing April first,
immediately succeeding the filing of the report required to be submitted
by the education department pursuant to paragraph d of this subdivision.
Such amount shall be paid to the dormitory authority as follows: (i) on
or before the fifteenth day of March for the fiscal year of the state,
the amount required to be paid by the education department on account of
facilities for the education department under any such lease, sublease
or other agreement; and, (ii) on or before the fifteenth day of
September of the fiscal year of the state, the amount required to be
paid by the education department under any such lease, sublease or other
agreement. The amount of money required to be paid pursuant to this
subdivision shall be determined from the report required to be submitted
by the commissioner of education pursuant to paragraph d of this
subdivision.
d. On or before November fifteenth of each year, the commissioner of
education shall submit and thereafter may resubmit, to the director of
the budget, the state comptroller, the chairperson of the senate finance
committee and the chairperson of the assembly ways and means committee,
a report setting forth the amounts, if any, of all annual rentals and
other payments estimated to become due in the succeeding state fiscal
year to the dormitory authority from the education department pursuant
to any lease, sublease or other agreement between the dormitory
authority and the commissioner of education entered into on or after
July first, nineteen hundred ninety to provide facilities for the
education department.
e. The dormitory authority shall not issue obligations for the
provision of a facility for the education department unless a
certificate of availability has been approved by the director of the
budget and an appropriation for such facility has been enacted. Except
for notes or bonds issued to refund outstanding bonds, no notes or bonds
shall be issued for the purposes authorized by this subdivision after
the thirty-first day of March, nineteen hundred ninety-nine.
f. Any contract entered into by the dormitory authority for the
construction, reconstruction, rehabilitation or improvement of any
building which constitutes all or part of a facility for the education
department of the state of New York, shall comply with the provisions of
section one hundred thirty-five of the state finance law.
* NB There are 3 sub 27's
* 27. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for
Vesta Community Housing Development Board, Inc. of Altamont by the
dormitory authority pursuant to title four of article eight of this
chapter.
Except to the extent otherwise prohibited by law, Vesta Community
Housing Development Board, Inc. of Altamont shall have full power and
authority to assign and pledge to the dormitory authority any and all
public funds to be apportioned or otherwise made payable by the state of
New York, a political subdivision, as defined in section one hundred of
the general municipal law, or any social services district in the state
of New York in an amount sufficient to make all payments required to be
made by any such organization pursuant to any lease, sublease or other
agreement entered into between such organization and the dormitory
authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issue pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
No agreement or lease by such organization shall be effective unless
and until it is approved by or on behalf of the commissioners of the
various state agencies that have jurisdiction over the project.
* NB There are 3 sub 27's
* 27. For the purposes of this section, the following provisions shall
apply to powers in connection with the construction of new facilities
for a diagnostic and evaluation program and a pre-independent living
program and to expand existing facilities in a special education school
for Gateway Youth and Family Services, hereinafter called the
organization, by the authority pursuant to this title.
Notwithstanding any other provision of law, the organization shall
have full power and authority to assign and pledge to the authority any
and all public funds to be apportioned or otherwise made payable by the
state, a political subdivision, as defined in section one hundred of the
general municipal law, or any social services district in the state in
an amount sufficient to make all payments required to be made by any
such organization pursuant to any lease, sublease or other agreement
entered into between such organization and the authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the authority or upon the
direction of the authority, to any trustee of any authority bond or note
issued pursuant to a certificate filed with any such state or local
officer by the authority pursuant to the provisions of this section.
No agreement or lease by such organization shall be effective unless
and until it is approved by or on behalf of the commissioners of the
various state agencies that have jurisdiction over the project.
* NB There are 3 sub 27's
* 28. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for the
Orleans County Chapter-New York State Association of Retarded Children,
Inc. by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the Orleans County
Chapter-New York State Association of Retarded Children, Inc. shall have
full power and authority to assign and pledge to the dormitory authority
any and all public funds to be apportioned or otherwise made payable by
the state of New York, a political subdivision, as defined in section
one hundred of the general municipal law, or any social services
district in the state of New York in an amount sufficient to make all
payments required to be made by any such organization pursuant to any
lease, sublease or other agreement entered into between such
organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 3 sub 28's
* 28. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for the
New York State Association for Retarded Children, Inc., Westchester
County Chapter by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, the New York State
Association for Retarded Children, Inc., Westchester County Chapter
shall have full power and authority to assign and pledge to the
dormitory authority any and all public funds to be apportioned or
otherwise made payable by the state of New York, a political
subdivision, as defined in section one hundred of the general municipal
law, or any social services district in the State of New York in an
amount sufficient to make all payments required to be made by any such
organization pursuant to any lease, sublease or other agreement entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority, to
any trustee of any dormitory authority bond or note issued pursuant to a
certificate filed with any such state or local officer by the dormitory
authority pursuant to the provisions of this subdivision.
* NB There are 3 sub 28's
* 28. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for the
New York State Association for Retarded Children,
Inc.-Livingston-Wyoming County Chapter by the dormitory authority
pursuant to this title.
Except to the extent otherwise prohibited by law, the New York State
Association for Retarded Children, Inc.-Livingston-Wyoming County
Chapter shall have full power and authority to assign and pledge to the
dormitory authority any and all public funds to be apportioned or
otherwise made payable by the state of New York, a political
subdivision, as defined in section one hundred of the general municipal
law, or any social services district in the state of New York in an
amount sufficient to make all payments required to be made by any such
organization pursuant to any lease, sublease or other agreement entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or,
upon the direction of the dormitory authority, to any trustee of any
dormitory authority bond or note issued pursuant to a certificate filed
with any such state or local officer by the dormitory authority pursuant
to the provisions of this subdivision.
* NB There are 3 sub 28's
31. a. The dormitory authority may enter into leases, subleases or
other agreements with private not-for-profit schools for the financing
of and the design, construction, reconstruction, rehabilitation,
improvement, renovation, acquisition or otherwise providing for,
furnishing or equipping of capital facilities which are educational
facilities where the total estimated cost of such facilities exceeds ten
thousand dollars. The plans and specifications of such capital
facilities shall be subject to the approval of the commissioner of
education with respect to educational facilities. Such capital
facilities may be constructed only on land owned by such private
not-for-profit school or, if the land is leased, where the lease is for
a period at least equal to the appropriate period of probable usefulness
for such facilities as listed in section 11.00 of the local finance law,
or the length of the lease, sublease or other agreement with the
dormitory authority, whichever is longer.
b. Each such private not-for-profit school shall, notwithstanding any
other provision of law, have the power to convey, lease, sublease or
otherwise make available to the dormitory authority without
consideration, title or any other rights in real property satisfactory
to the dormitory authority.
c. In addition to providing for all other matters deemed necessary and
proper, such leases, subleases and other agreements shall (1) require
such private not-for-profit school to pay to the dormitory authority
annual rentals which shall include the amount required to pay the
principal of and interest on obligations of the dormitory authority
issued in relation to providing such facilities and all incidental
expenses of the dormitory authority incurred in relation thereto, (2)
require the private not-for-profit school to include an amount
sufficient to meet its obligations under the lease, sublease or other
agreement in each proposed budget submitted during the term of the
lease, sublease or other agreement, and (3) not be executed until such
capital facilities are approved by the commissioner of education with
respect to educational facilities.
d. Title or other real property rights to the capital facilities
financed pursuant to this section shall remain with the dormitory
authority until the dormitory authority certifies to the commissioner of
education with respect to educational facilities and the comptroller the
receipt by it of the amount necessary to pay the total aggregate amount
of annual rentals to the dormitory authority. At such time, title or
other real property rights thereto shall be transferred by the dormitory
authority to such private not-for-profit school for use for educational
purposes. In order to avail itself of the provisions of this section,
each such private not-for-profit school must also agree to continue to
operate a program for the education of children pursuant to contract
with public school districts or social services districts, and such
lease, sublease or other agreement with the dormitory authority shall
provide that, if the private not-for-profit school shall cease to
operate such a program at any time during the term of the agreement, the
state will have the option to take such title or other real property
rights of the dormitory authority in land, buildings, equipment and
other properties which the private not-for-profit school uses for its
program upon, subject to appropriations, payment by the state to the
dormitory authority of the amount required to pay the total aggregate
amount of annual rentals to the dormitory authority.
e. On or before November fifteenth of each year, the dormitory
authority shall submit, and thereafter may resubmit, to the director of
the budget, the state comptroller, the chairman of the senate finance
committee and the chairman of the assembly ways and means committee a
report setting forth the amounts, if any, of all annual rentals
estimated to become due in the succeeding state fiscal year to the
dormitory authority from the private not-for-profit school pursuant to
any leases, subleases or other agreements between the dormitory
authority and such private not-for-profit school to provide educational
facilities for such private not-for-profit school. The state comptroller
shall pay over to the dormitory authority pursuant to appropriations
therefor solely from moneys available in the private not-for-profit
school capital facilities financing reserve fund the amount set forth in
such report at the times and in the amounts set forth in the certificate
filed with the comptroller by the dormitory authority pursuant to clause
(iv) of subparagraph two of paragraph f of this subdivision.
f. Method of payment; reserve fund. (1) Each private not-for-profit
school which elects to avail itself of the provisions of this section
shall have established with the state comptroller a private
not-for-profit school capital facilities financing reserve account which
shall be used to pay to the dormitory authority the annual rentals
payable to the dormitory authority by private not-for-profit schools
which have entered into leases, subleases or other agreements with the
dormitory authority to provide educational facilities pursuant to the
provisions of this section. The dormitory authority shall identify to
the state comptroller and to the commissioner of education with respect
to educational facilities, the private not-for-profit schools with which
it has leases, subleases or other agreements pursuant to this section
and shall annually certify the amount of annual rentals required to be
paid pursuant to such leases, subleases or other agreements.
(2) (i) There is hereby established in the custody of the state
comptroller a special fund to be known as the private not-for-profit
school capital facilities financing reserve fund. Within such fund,
there is hereby established a special account for each private
not-for-profit school which enters into a lease, sublease or other
agreement with the dormitory authority pursuant to this section.
(ii) Notwithstanding the provisions of any other law, such fund shall
consist of part of the tuition payments from public school districts and
social services districts as determined by the commissioner of
education. The comptroller shall maintain sufficient amounts in the fund
in order to pay when due the annual rentals due to the dormitory
authority from each such private not-for-profit school pursuant to any
lease, sublease or other agreement entered into pursuant to the
provisions of this section. The dormitory authority shall certify to the
state comptroller the dates and amount of such annual payments as
scheduled in its leases, subleases or other agreements with such private
not-for-profit schools. The commissioner of education with respect to
educational facilities shall certify the amount of payments due the fund
from public school districts and social services districts, respectively
and such public school districts and social services districts shall
make such payments to the fund at such times as shall be prescribed by
the commissioner with respect to educational facilities, subject to the
approval of the director of the budget, and after consultation with the
dormitory authority.
(iii) Revenues in any special account in the private not-for-profit
school capital facilities financing reserve fund may be commingled with
any other monies in such fund. All deposits of such revenues with banks
and trust companies shall be secured by obligations of the United States
or of the state of New York or its political subdivisions. Such
obligations shall have a market value at least equal at all times to,
but not less than, one hundred five percent of the amount of such
deposits. All banks and trust companies are authorized to give security
for such deposits. Any such revenues in such fund may, in the discretion
of the comptroller, be invested in obligations of the United States or
the state or obligations the principal of and interest on which are
guaranteed by the United States or by the state. Any interest earned
shall be credited to such fund.
(iv) Upon receipt by the comptroller of a certificate or certificates
from the dormitory authority that it requires a payment or payments from
the appropriate special account established for a private not-for-profit
school in order for such private not-for-profit school to comply with
any lease, sublease or other agreement pursuant to this section, each of
which certificates shall specify the required payment or payments and
the date when the payment or payments is required, the comptroller shall
pay from such special account on or before the specified date or within
thirty days after receipt of such certificate or certificates, whichever
is later, to the paying agent designated by the dormitory authority in
any such certificate, the amount or amounts so certified.
(v) All payments of money from the private not-for-profit school
capital facilities financing reserve fund shall be made on the audit and
warrant of the state comptroller.
g. Notwithstanding the provisions of any contract pursuant to article
eighty-one or eighty-nine of the education law between a social services
district or a public school district and a private not-for-profit
school. If the private not-for-profit school enters into a lease,
sublease or other agreement with the dormitory authority pursuant to
this section, payments due from the public school district or social
services district shall be made in accordance with the provisions of
this chapter.
h. All state and local officials are authorized and required to take
whatever actions are necessary to carry out the provisions of this
section and the provisions of any leases, subleases or other agreements
entered into pursuant to this section, including making the required
payments to the dormitory authority.
i. Notwithstanding any other provision of law to the contrary, the
dormitory authority may execute leases, subleases, or other agreements
with private not-for-profit schools authorized pursuant to this section
and chapter six hundred ninety-eight of the laws of nineteen hundred
ninety-one for financing of the design, construction, rehabilitation,
improvement, renovation, acquisition or provision, furnishing or
equipping of capital facilities; provided, however, that during the two
year period commencing July first, nineteen hundred ninety-five, the
amount of bonds inclusive of principal, interest and issuance costs to
be issued for each individual lease, sublease, or other agreement shall
not exceed fifteen million dollars annually; and provided further that
the total amount of such bonds for all such leases, subleases, or
agreements with private not-for-profit schools during such period
exclusive of bonds for projects already approved by the division of
budget as of such date shall not exceed one hundred fifteen million
dollars.
On or before September first of each year, the commissioner of
education shall submit to the chairs of the assembly ways and means
committee, the senate finance committee and the director of the budget,
a capital plan for those projects expected to be bonded for private
not-for-profit schools pursuant to this section, within such one hundred
fifteen million dollar allowance. After application of the principles of
the capital assets preservation program pursuant to education law, such
plan shall accord priority to health and safety considerations and shall
specify the name, location, estimated total cost of the project at the
time the project is to be bid, the anticipated bid date and the
anticipated completion date and may contain any further recommendations
the commissioner may deem appropriate.
* 32. For purposes of this section, the following provisions shall
apply to powers in connection with the provision of dormitories for
Hospice, Buffalo by the dormitory authority pursuant to this title.
Except to the extent otherwise prohibited by law, Hospice, Buffalo
shall have full power and authority to assign and pledge to the
dormitory authority any and all public funds to be apportioned or
otherwise made payable by the state of New York, a political
subdivision, as defined in section one hundred of the general municipal
law, or any social services district in the state of New York in an
amount sufficient to make all payments required to be made by any such
organization pursuant to any lease, sublease or other agreement entered
into between such organization and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds assigned and pledged to the dormitory authority, to any
trustee of any dormitory authority bond or note issued pursuant to a
certificate filed with any such state or local officer by the dormitory
authority pursuant to the provisions of this subdivision.
* NB There are 2 sub 32's
* 32. (a) The dormitory authority is empowered and authorized to enter
into a lease, sublease or other agreement with the state university
construction fund pursuant to which an ambulatory care training facility
is to be acquired, designed, constructed, reconstructed, rehabilitated,
improved or otherwise provided, and furnished and equipped, provided
that such lease, sublease or other agreement has been approved by the
state university of New York which shall be a party thereto. Such lease,
sublease or other agreement may provide for the payment of annual
rentals and other payments by the state university construction fund to
the dormitory authority and contain such other terms and conditions as
may be agreed upon by the parties thereto, including, but not limited
to, provisions relating to the maintenance and administration of the
ambulatory care training facility, the establishment of reserve funds,
the amounts, the source, the pledge and the timing of payments of annual
rentals and other payments by the fund to the authority indemnification
and the disposition of the facility or the interest of the authority
therein, if any, prior to or upon the termination or expiration of such
lease, sublease or other agreement. Such lease, sublease or other
agreement shall be subject to the approval of the director of the
budget.
(b) Notwithstanding the provisions of the public lands law or any
other law to the contrary, the state of New York, the state university
of New York and the state university construction fund may sell, convey,
lease, exchange or otherwise make available to the authority, for
nominal consideration, the title to or an interest in real property for
the purpose of providing an ambulatory care training facility and may
enter into any lease, sublease or other agreement with the authority in
connection with an ambulatory care training facility without public
auction or bidding or restriction as to the term of such lease, sublease
or other agreement.
(c) The state university construction fund shall pay over to the
dormitory authority, from amounts received by the fund from the tenants,
subtenants and other users of the ambulatory care training facility that
are engaged in medical practice at the health sciences center at state
university of New York at Stony Brook, pursuant to any lease, sublease
or other agreement between the fund and the university and such tenants,
subtenants and other users, an amount equal to the annual rentals and
other payments due to the authority from the fund pursuant to a lease,
sublease or other agreement between the authority and the fund with
respect to the ambulatory care training facility. Any such lease,
sublease or other agreement with any tenant, subtenant or other user
shall be a general obligation of such tenant, subtenant or other user,
as the case may be, and the aggregate amounts due under all such leases,
subleases or other agreements shall at least equal the annual rentals
and other amounts due to the dormitory authority from the state
university construction fund pursuant to the lease, sublease or other
agreement between the authority and the fund with respect to the
ambulatory care training facility. In addition, any lease, sublease or
other agreement with any tenant, subtenant or other user of the
ambulatory care training facility shall provide that all revenues
received by the tenants, subtenants and other users including, but not
limited to, the revenues received by the medical clinical practice
management plan established pursuant to the policies of the board of
trustees of the state university of New York at the health sciences
center at state university of New York at Stony Brook, shall be pledged
and assigned to the dormitory authority to the extent required to make
the annual rentals and other payments due to the authority from the fund
pursuant to a lease, sublease or other agreement between the authority
and the fund with respect to the ambulatory care training facility to
secure the obligations of the state university construction fund
undertaken pursuant thereto, and the authority shall have a first lien
on any such revenues to the same extent. The state university of New
York, the state university construction fund, any tenant, subtenant or
other user which has entered into a lease, sublease or other agreement
with the state university construction fund and the university with
respect to the possession and use of such ambulatory care training
facility, and the medical clinical practice management plan at the
health sciences center at state university of New York at Stony Brook
acting by and through any authorized representatives thereof; shall
agree in writing to the pledge and assignment of all such revenues. Such
pledge and assignment shall provide that (i) all revenues of such
medical clinical practice management plan, including any amounts
receivable by the state university of New York from such medical
clinical practice management plan for the benefit of the state
university of New York, shall be pledged and assigned to the dormitory
authority, to the extent required to make the annual rentals and other
payments due to the authority from the fund pursuant to a lease,
sublease or other agreement between the authority and the fund with
respect to the ambulatory care training facility and the authority shall
have a first lien on any such revenues to the same extent to secure the
obligations of the state university construction fund undertaken
pursuant thereto; and (ii) the foregoing pledge and assignment shall be
pursuant to the obligation under such medical clinical practice
management plan to reimburse the state for the costs of clinical
practice in accordance with such clinical practice management plan. Any
such pledge and assignment of revenues to the authority may be further
pledged and assigned to the holders of obligations of the dormitory
authority issued to finance the acquisition, design, construction,
reconstruction, rehabilitation, improvement or other provision
furnishing and equipping of the ambulatory care training facility or to
a trustee acting on behalf of the holders of such obligations. To the
extent not so pledged and assigned, revenues of such medical clinical
practice management plan shall be available for any lawful purposes of
the state university of New York health sciences center at Stony Brook.
Notwithstanding the provisions of article fourteen of the civil service
law or any other law, rule or regulation to the contrary, neither the
state of New York, the state university of New York, the medical
clinical practice management plan at the state university of New York at
Stony Brook, nor any other person, corporation, organization or entity
shall take any action in such manner as to impair or diminish the rights
and remedies of the dormitory authority pursuant to any such pledge and
assignment and any lien or other security interest created pursuant
hereto.
(d) In the event of the failure of the state university construction
fund to receive when due, either pursuant to the leases, subleases or
other agreements with the tenants, subtenants or other users of the
ambulatory care training facility or pursuant to the pledge and
assignment of the revenues of such tenants, subtenants or other users,
including the pledge and assignment of revenues received by the medical
clinical practice management plan, amounts which, in the aggregate,
equal the annual rentals and other payments required to be made by the
fund to the dormitory authority pursuant to the lease, sublease or other
agreement between the fund and the authority with respect to the
ambulatory care training facility, and subject to the right of the state
university construction fund to receive payments from the state
comptroller pursuant to the provisions of subdivision nineteen of this
section, as added by chapter six hundred seventy-eight of the laws of
nineteen hundred eighty-eight, the state university construction fund
shall forthwith make and deliver to such state comptroller a certificate
stating the amount of the aggregate payments required to have been made
by such tenants, subtenants or other users, the amount received from
such tenants, subtenants or other users and the amount remaining unpaid
by such tenants, subtenants or other users. The state comptroller, after
giving written notice to the director of the budget and the chancellor
of state university of New York, shall pay the state university
construction fund the amount set forth in such certificate as remaining
unpaid, which amount shall be paid from any moneys appropriated or
allocated by the state for or on account of the activities of the state
university of New York at Stony Brook hospital and not yet paid. The
amount required to be paid by the state comptroller pursuant to this
subdivision shall be paid to the state university construction fund as
soon as practicable after receipt of the certificate of the state
university construction fund and notice to the director of the budget
and the chancellor of the state university of New York is given, whether
or not the moneys from which such payment is to be made are then due and
payable to the state university.
(e) The amount of state appropriations and allocations payable to the
state university of New York for the Stony Brook hospital from which the
state comptroller has made a payment pursuant to this subdivision shall
be reduced by the amount so paid to the state university construction
fund, notwithstanding the amount appropriated or allocated and
apportioned by the state to the state university of New York for the
Stony Brook hospital, and the state shall not be obligated to make and
the state university of New York shall not be entitled to receive for
the Stony Brook hospital any additional apportionment or payment of
state moneys on account of said amount paid to the state university
construction fund.
(f) In the event of the failure of the state university construction
fund to receive when due, either pursuant to the leases, subleases or
other agreements provided for in paragraph (c) of this subdivision or
pursuant to the provisions of paragraph (d) of this subdivision, and
subject to the right of the state university construction fund to
receive payments from the state comptroller pursuant to the provisions
of subdivision nineteen of this section, as added by chapter six hundred
seventy-eight of the laws of nineteen hundred eighty-eight, the state
university construction fund shall forthwith make and deliver to such
state comptroller a certificate stating the amount of the aggregate
payments required to have been made by such tenants, subtenants or other
users. The state comptroller, after giving written notice to the
director of the budget and the chancellor of state university of New
York, shall pay the state university construction fund the amount set
forth in such certificate as remaining unpaid, which amount shall be
paid from any moneys appropriated or allocated by the state for or on
account of the operating costs of the state university of New York at
Stony Brook and not yet paid. The amount required to be paid by the
state comptroller pursuant to this subdivision shall be paid to the
state university construction fund as soon as practicable after receipt
of the certificate of the state university construction fund and notice
to the director of the budget and the chancellor of state university of
New York is given, whether or not the moneys from which such payment is
to be made are then due and payable to the state university.
(g) The amount of state appropriations and allocations payable to the
state university of New York at Stony Brook from which the state
comptroller has made a payment pursuant to this subdivision shall be
reduced by the amount so paid to the state university construction fund,
notwithstanding the amount appropriated or allocated and apportioned by
the state to the state university of New York at Stony Brook and the
state shall not be obligated to make and the state university of New
York at Stony Brook shall not be entitled to receive any additional
apportionment or payment of state moneys on account of said amount paid
to the state university construction fund.
(h) Bonds issued by the dormitory authority pursuant to the provisions
of this subdivision to finance an ambulatory care training facility
shall not be subject to the provisions of such subdivision nineteen of
this section.
* NB There are 2 sub 32's
33. Notwithstanding any other provision of law, subject to the
approval of the voters pursuant to sections two hundred fifty-five and
two hundred sixty of the education law, a public library shall have full
power and authority to assign and pledge to the dormitory authority any
and all public funds to be apportioned or otherwise made payable by the
state, or a political subdivision, as defined in section one hundred of
the general municipal law, in an amount sufficient to make all payments
required to be made by such public library pursuant to any agreement
entered into between such public library and the dormitory authority.
All state and local officers are hereby authorized and required to pay
all such funds so assigned and pledged to the dormitory authority or
upon the direction of the authority to any trustee of any authority bond
or note issued, pursuant to a certificate filed with any such state or
local officer by the authority as required by such agreement.
34. a. Notwithstanding the provisions of any general or special law to
the contrary, and subject to the making of an annual appropriation
therefor by the legislature, in order to assist the dormitory authority
in providing for the financing of the payment of the remaining principal
balance of the amount to be amortized as defined in section sixteen-a of
the retirement and social security law and interest accrued from March
first, nineteen hundred ninety-six to the date of such payment of the
remaining principal balance, into the pension accumulation fund and the
New York state public employees group life insurance plan, and in
consideration of the undertaking thereof and the benefits to be derived
therefrom by the people of the state, the director of the budget is
authorized to enter into an agreement which shall not exceed ten years
in duration with the dormitory authority, upon such terms as the
director of the budget and the dormitory authority agree;
b. Any agreement entered into pursuant to paragraph a of this
subdivision or any payments made or to be made thereunder may be
assigned and pledged by the dormitory authority as security for its
bonds and notes;
c. Any such agreement shall provide that the obligation of the
director of the budget or 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 provisions in the event the
dormitory authority assigns or pledges the payments received pursuant to
such agreement as security for its bonds or notes and shall be deemed
executory only to the extent moneys are available and that no liability
shall be incurred by the state beyond the moneys available for that
purpose, and that such obligation is subject to annual appropriations by
the legislature;
d. Any agreement entered into pursuant to this subdivision shall
provide for state commitments to provide annually to the dormitory
authority a sum or sums, upon such terms and conditions as shall be
deemed appropriate by the director of the budget, to fund the debt
service requirements of any bonds or notes of the dormitory authority
issued pursuant to this subdivision; and
e. The dormitory authority shall not issue its bonds or notes to
finance the amounts as described in paragraph a of this subdivision in
an aggregate principal amount greater than seven hundred eighty-seven
million dollars; provided, however, that in addition to such bonds, the
authority may issue an aggregate principal amount of bonds sufficient to
fund any reserve funds established in connection therewith, to provide
capitalized interest on the bonds or notes and pay the costs incurred by
the authority in connection with the issuance and servicing of any of
such bonds.
35. (a) The dormitory authority is empowered and authorized to enter
into a lease, sublease, lease purchase, or other agreement with the
office of general services of the state of New York on behalf of the
department of audit and control of the state of New York pursuant to
which one or more facilities are to be designed, acquired, constructed,
reconstructed, rehabilitated, improved or otherwise provided for the
department of audit and control of the state of New York, the New York
state and local employees' retirement system and the New York state and
local police and fire retirement system and pursuant to which such
facilities are to be furnished or equipped provided, however, that any
contract or lease for construction, reconstruction or rehabilitation
authorized by this subdivision shall be governed by article eight of the
labor law. Such lease, sublease, lease purchase, or other agreement may
provide for the payment of annual rentals and other payments by the
department of audit and control of the state of New York to the
dormitory authority from appropriations as provided in paragraph (c) of
this subdivision or from payments made pursuant to any lease, sublease,
lease purchase, or other agreement authorized pursuant to paragraph (f)
of this subdivision and contain such other terms and conditions as may
be agreed upon by the parties thereto, including but not limited to,
provisions relating to the maintenance and operation of the facilities,
the establishment of reserve funds, indemnities and the disposition of a
facility or the interest of the dormitory authority therein, if any,
prior to or upon termination or expiration of such lease, sublease or
other agreement. Such lease, sublease, lease purchase, or other
agreement shall be subject to the approval of the director of the
budget.
(b) Any such lease, sublease, lease purchase, or other agreement
entered into pursuant to this subdivision may provide that the
provisions thereof shall remain in full force and effect until the issue
of the bonds of the dormitory authority to which it relates, together
with interest thereon, interest on any unpaid installments of interest
and the fees and expenses of the dormitory authority, are fully met and
discharged, and any payments to be made by the state, the New York state
and local employees' retirement system and the New York state and local
police and fire retirement system pursuant to any lease, sublease, lease
purchase, or other agreement authorized pursuant to paragraph (f) of
this subdivision may be pledged by the dormitory authority to secure
such bonds.
(c) Any agreement entered into pursuant to this subdivision by and
between the dormitory authority and the office of general services on
behalf of the department of audit and control shall provide for state
commitments to provide annually to the department of audit and control
an amount equal to the aggregate amount of all annual rentals due to the
dormitory authority from the department of audit and control on account
of such facilities for the department of audit and control, the New York
state and local employees' retirement system and the New York state and
local police and fire retirement system pursuant to any such lease,
sublease, lease purchase, or other agreement. Any such lease, sublease,
lease purchase or other agreement shall further provide that the
obligation of the state to appropriate amounts to the department of
audit and control to pay annual rentals due to the dormitory authority
from the department of audit and control on account of facilities for
the department of audit and control, the New York state and local
employees' retirement system and the New York state and local police and
fire retirement system pursuant to any such lease, sublease, lease
purchase or other agreement shall not constitute a debt of the state
within the meaning of any constitutional and/or statutory provisions and
shall be deemed executory only to the extent state moneys are
appropriated and that no liability shall be incurred by the state beyond
the moneys appropriated for that purpose and that such obligation is
subject to annual appropriations by the legislature.
(d) On or before November fifteenth of each year, the dormitory
authority shall submit and thereafter may resubmit to the commissioner
of general services, the director of the budget, the comptroller, the
chairperson of the senate finance committee and the chairperson of the
assembly ways and means committee, a report setting forth the amounts,
if any, of all annual rentals and other payments estimated to be due in
the succeeding state fiscal year to the dormitory authority from the
department of audit and control pursuant to any lease, sublease, lease
purchase, or other agreement between the dormitory authority and the
office of general services on behalf of the department of audit and
control entered into on or after July first, nineteen hundred
ninety-seven to provide facilities for the department of audit and
control, the New York state and local employees' retirement system and
the New York state and local police and fire retirement system.
(e) Notwithstanding any provision of law to the contrary, any lease,
sublease, lease purchase or other agreement, including any contract for
construction, reconstruction, rehabilitation or improvement entered into
pursuant to this subdivision shall not be subject to public auction or
bidding or any restriction as to the term of such lease, sublease, lease
purchase or other agreement; provided however, that, with respect to any
lease, sublease, lease purchase, or other agreement for facilities for
the department of audit and control, the New York state and local
employees' retirement system and the New York state and local police and
fire retirement system, the dormitory authority shall determine that
there has been a competitive process sufficient to comply with the
authority's procurement contract guidelines as required pursuant to
section twenty-eight hundred seventy-nine of this chapter.
(f) Nothing herein shall be construed to diminish the authority of the
comptroller, in his capacity as trustee of the New York state and local
employees' retirement system and the New York state and local police and
fire retirement system, to be a party to any agreement authorized
pursuant to paragraph (a) of this subdivision or, in accordance with the
provisions of this title to enter into separate leases, subleases, lease
purchases or other agreements with the dormitory authority pursuant to
which one or more facilities are to be designed, acquired, constructed,
reconstructed, rehabilitated, improved or otherwise provided for the New
York state and local employees' retirement system and the New York state
and local police and fire retirement system.
36. (a) The dormitory authority is empowered and authorized to enter
into a lease, sublease, lease purchase, or other agreement with the
office of general services of the state of New York pursuant to which
one or more facilities are to be acquired, designed, constructed,
reconstructed, rehabilitated, improved or otherwise made available for
the provision of parking facilities for the state of New York in the
city of Albany, New York and pursuant to which such facilities are to be
furnished or equipped and in furtherance of such authorization, the
commissioner of general services is hereby empowered to grant or convey
to the dormitory authority, such lands as may be necessary for such
purposes upon such terms and conditions as the commissioner of general
services may fix and determine provided, however, that any contract or
lease for construction, reconstruction or rehabilitation authorized by
this subdivision shall be governed by article eight of the labor law.
Such lease, sublease, lease purchase, or other agreement may provide for
the payment of annual rentals and other payments by the state of New
York on behalf of the departments or agencies having occupancy or use
thereof to the dormitory authority from appropriations as provided in
paragraph (c) of this subdivision and may contain such other terms and
conditions as may be agreed upon by the parties thereto, including but
not limited to, provisions relating to the maintenance and operation of
the facilities, the establishment of reserve funds, indemnities and the
disposition of a facility or the interest of the dormitory authority
therein, if any, prior to or upon termination or expiration of such
lease, sublease, lease purchase or other agreement. Such lease,
sublease, lease purchase, or other agreement shall be subject to the
approval of the director of the budget.
(b) Any such lease, sublease, lease purchase, or other agreement
entered into pursuant to this subdivision may provide that the
provisions thereof shall remain in full force and effect until the issue
of the bonds of the dormitory authority to which it relates, together
with interest thereon, interest on any unpaid installments of interest
and the fees and expenses of the dormitory authority, are fully met and
discharged, and any payments to be made by the state, pursuant to any
lease, sublease, lease purchase, or other agreement authorized pursuant
to this subdivision may be pledged by the dormitory authority to secure
such bonds.
(c) Any lease, sublease, lease purchase or other agreement entered
into pursuant to this subdivision by and between the dormitory authority
and the state of New York by the office of general services with respect
to such parking facilities shall provide for state commitments to
provide annually an amount equal to the aggregate amount of all annual
rental due to the dormitory authority from the state on behalf of the
state departments and agencies having occupancy or use of such
facilities. Any such lease, sublease, lease purchase or other agreement
shall further provide that the obligation of the state to appropriate
amounts to pay annual rentals due to the dormitory authority pursuant to
any such lease, sublease, lease purchase or other agreement shall not
constitute a debt of the state within the meaning of any constitutional
and/or statutory provisions and shall be deemed executory only to the
extent state moneys are appropriated and that no liability shall be
incurred by the state beyond the moneys appropriated for that purpose
and that such obligation is subject to annual appropriations by the
legislature.
(d) On or before November fifteenth of each year, the dormitory
authority shall submit to the commissioner of general services, the
director of the budget, the comptroller, the chairperson of the senate
finance committee and the chairperson of the assembly ways and means
committee, a report setting forth the amounts, if any, of all annual
rentals and other payments estimated to be due in the succeeding state
fiscal year to the dormitory authority pursuant to any lease, sublease,
lease purchase, or other agreement between the dormitory authority and
the office of general services on behalf of the state entered into
hereafter to provide for parking facilities for the state of New York in
the city of Albany.
(e) Notwithstanding any provision of law to the contrary, any lease,
sublease, lease purchase or other agreement entered into pursuant to
this subdivision shall not be subject to public auction or bidding or
any restrictions as to the term of such lease, sublease, lease purchase
or other agreement for the provisions of parking services in the city of
Albany.
37. For purposes of this section, the following provisions shall apply
to powers in connection with the provision of facilities for UCPA of the
Capital District, Inc., UCPA of Cayuga County, Inc., United Cerebral
Palsy and Handicapped Children's Association of Chemung County, Inc.,
Finger Lakes United Cerebral Palsy, Inc., United Cerebral Palsy
Associations of Fulton and Montgomery Counties, Inc., United Cerebral
Palsy Association of the Tri-Counties, Inc., Franziska Racker Centers,
Inc., United Cerebral Palsy Association of Nassau County, Inc., United
Cerebral Palsy of New York City, Inc., United Cerebral Palsy Association
of Niagara County, Inc., Orange County Cerebral Palsy Association, Inc.,
United Cerebral Palsy of Queens, Inc., United Cerebral Palsy Association
of the Rochester Area, Inc., Jawonio, Inc., The Handicapped Children's
Association of Southern New York, Inc., United Cerebral Palsy
Association of Greater Suffolk, Inc., SDTC - The Center for Discovery,
Inc., United Cerebral Palsy and Handicapped Children's Association of
Syracuse, Inc., United Cerebral Palsy of Ulster County Inc., United
Cerebral Palsy and Handicapped Person's Association of the Utica Area,
Inc., United Cerebral Palsy Association of Westchester, Inc. and Unified
Creative Programs, Inc., United Cerebral Palsy Association of Western
New York, Inc., United Cerebral Palsy Association of Putnam and Southern
Dutchess Counties, Inc., United Cerebral Palsy Association of the North
Country, Inc., United Cerebral Palsy Associations of New York State,
Inc., any not-for-profit affiliates or members of Cerebral Palsy
Associations of New York State, Inc., and any successor in interest to
any such organization, by the authority pursuant to this title.
Notwithstanding any other provision of law, UCPA of the Capital
District, Inc., UCPA of Cayuga County, Inc., United Cerebral Palsy and
Handicapped Children's Association of Chemung County, Inc., Finger Lakes
United Cerebral Palsy, Inc., United Cerebral Palsy Associations of
Fulton and Montgomery Counties, Inc., United Cerebral Palsy Association
of the Tri-Counties, Inc., Franziska Racker Centers, Inc., United
Cerebral Palsy Association of Nassau County, Inc., United Cerebral Palsy
of New York City, Inc., United Cerebral Palsy Association of Niagara
County, Inc., Orange County Cerebral Palsy Association, Inc., United
Cerebral Palsy of Queens, Inc., United Cerebral Palsy Association of the
Rochester Area, Inc., Jawonio, Inc., The Handicapped Children's
Association of Southern New York, Inc., United Cerebral Palsy
Association of Greater Suffolk, Inc., SDTC - The Center for Discovery,
Inc., United Cerebral Palsy and Handicapped Children's Association of
Syracuse, Inc., United Cerebral Palsy of Ulster County Inc., United
Cerebral Palsy and Handicapped Person's Association of the Utica Area,
Inc., United Cerebral Palsy Association of Westchester, Inc. and Unified
Creative Programs, Inc., United Cerebral Palsy Association of Western
New York, Inc., United Cerebral Palsy Association of Putnam and Southern
Dutchess Counties, Inc., United Cerebral Palsy Association of the North
Country, Inc., United Cerebral Palsy Associations of New York State,
Inc., any not-for-profit affiliates or members of Cerebral Palsy
Associations of New York State, Inc., and any successor in interest to
any such organization shall have the full power and authority to assign
and pledge to the dormitory authority any and all public funds to be
appropriated, apportioned or otherwise made payable by the federal
government, any agency thereof, the state government, any agency
thereof, a political subdivision as defined in section one hundred of
the general municipal law, any social service district in the state of
New York or by any other governmental entity in an amount sufficient to
make all payments required to be made by such entity pursuant to any
necessary or useful agreements entered into between such entity and the
dormitory authority. All state and local officials are hereby authorized
and required to pay all such funds so assigned and pledged to the
dormitory authority or, upon the direction of the dormitory authority,
to any trustee of any dormitory authority bond or note issued pursuant
to a certificate filed with any state or local officer by the dormitory
authority pursuant to the provisions of this subdivision.
38. a. The dormitory authority is empowered and authorized to enter
into a lease, sublease or other agreement with any school district
pursuant to which the dormitory authority may finance or refinance all
or any portion of school district capital facilities and school district
capital equipment for such school districts. Any such lease, sublease or
other agreement may provide for joint facilities pursuant to section
thirty-six hundred two of the education law pursuant to an agreement
with participating school districts as authorized in such section. Such
lease, sublease or other agreement may provide for annual or other
payments to the dormitory authority by or on behalf of the school
district. Such lease, sublease or other agreement may contain such other
terms and conditions as may be agreed upon by the parties thereto,
including, but not limited to, the establishment of reserve funds and
indemnities. A lease, sublease or other agreement entered into by a
school district with the dormitory authority pursuant to the provisions
of this section shall not be deemed to be an installment purchase
contract, contract for public work or purchase contract within the
meaning of article five-A of the general municipal law or any other law.
b. (1) Except as provided in subparagraph two of this paragraph, any
such lease, sublease, or other agreement shall not constitute or create
indebtedness of the state or a political subdivision for purposes of
article seven or eight of the state constitution or section 20.00 of the
local finance law, shall be deemed executory only to the extent of money
appropriated annually therefor by the state or political subdivision and
shall not constitute a contractual obligation in excess of the amounts
so appropriated; provided however that the total amount of unpaid
payments due under any such lease, sublease or agreement on account of
principal due on bonds issued by the authority shall be deemed to be
indebtedness within the meaning of subdivision three of paragraph a of
section 135.00 of the local finance law except to the extent that any
portion of the indebtedness, if issued by the school district, would be
excluded pursuant to section 136.00 of the local finance law.
(2) A school district shall have full power and authority to pledge
its full faith and credit for the payment of its obligations to the
dormitory authority pursuant to any lease, sublease or other agreement
entered into pursuant to this subdivision. Any such lease, sublease or
other agreement shall be authorized in the same manner as is required
for the adoption of a bond resolution by the school district under the
local finance law. The total amount of all unpaid annual payments
constituting the principal of any indebtedness for which the school
district shall have pledged its faith and credit shall be deemed to be
indebtedness of the school district within the meaning of subparagraph
(b) of subdivision three of paragraph a of section 135.00 of the local
finance law and section ten of article eight of the state constitution
and such lease, sublease or other agreement shall constitute
indebtedness for purposes of article eight of the constitution and the
local finance law.
c. Notwithstanding the provisions of any general or special law to the
contrary, school districts may, subject to the requirements, if any, of
voter approval contained in the education law or any other law, transfer
title or grant any other property interests or rights to the dormitory
authority and the dormitory authority may transfer title or grant any
other real property interests to such school districts.
d. Any such lease, sublease or other agreement entered into pursuant
to this subdivision may provide that the provisions thereof shall remain
in force and effect until the bonds, notes or other obligations of the
dormitory authority are no longer outstanding, together with interest on
any unpaid installments of interest and the fees and expenses of the
dormitory authority, are fully met and discharged, and any payments to
be made by or on behalf of the school district to the dormitory
authority may be pledged to secure such bonds. Any such lease, sublease
or other agreement may provide for joint facilities pursuant to section
thirty-six hundred two of the education law through an agreement with
participating districts as authorized in such section.
e. (1) Whenever the dormitory authority issues bonds, notes or other
obligations for a school district pursuant to any lease, sublease or
other agreement, the school district is authorized to assign and pledge
to the dormitory authority a sufficient portion of any and all public
funds to be apportioned or otherwise to be made payable by the state of
New York to the school district to cover the payments required under the
lease, sublease or other agreement between the authority and the school
district. All state and local officials concerned are hereby authorized
to apportion and pay all such funds so assigned and pledged to the
dormitory authority. Such assignment and pledge by any school district
shall be irrevocable and shall continue until the date on which the
liabilities of the school district and the authority for such school
district capital facilities and school district capital equipment have
been discharged and the bonds of the authority issued therefor have been
paid or such bonds have otherwise been discharged.
(2) The total amount payable annually to the dormitory authority shall
be certified by the authority to the commissioner of education, and the
authority shall annually prepare and certify to the commissioner of
education a statement of the total amount necessary to be paid by all
school districts for the ensuing school year. The dormitory authority
may provide the commissioner of education such additional statements as
the authority deems necessary.
(3) The commissioner of education shall include in the certificate he
or she files with the state comptroller the amount to be owed by the
school district to the dormitory authority for the ensuing school year.
(4) The state comptroller shall pay to the dormitory authority and
shall deduct from any state funds to become due to any such school
district an amount equal to the amount required to be paid by such
school district to the dormitory authority as shown by the certificate
of the commissioner of education filed with the state comptroller as
required by subparagraph three of this paragraph.
(5) In the event that the amount paid to the authority pursuant to
subparagraph four of this paragraph by the state comptroller is
insufficient to meet any payment required by the school district to the
authority, any such amount still due and owing shall be paid directly to
the authority by the school district pursuant to any lease, sublease or
other agreement between the authority and the school district.
39. The dormitory authority shall not issue its obligations for a
school district pursuant to subdivision thirty-eight of this section to
refund or refinance all or any portion of any outstanding indebtedness
of such school district except: (i) to refund dormitory authority
obligations previously issued for such school district; or (ii) to
refund or refinance all or any portion of any outstanding indebtedness
issued by a school district prior to December first, two thousand one,
or prior to thirty days after the effective date of this subdivision,
whichever is later, for the purpose of financing facilities which were
eligible for building aid pursuant to section thirty-six hundred two of
the education law and for which the approved expenditures for debt
service payable in any year are subsequently reduced; or (iii) to refund
or refinance all or any portion of any outstanding indebtedness issued
by a school district prior to December first, two thousand one or prior
to thirty days after the effective date of this subdivision whichever is
later provided that present value of the total payments to become due to
the authority from the school district on account of principal and
interest are less than the present value of the principal and interest
payments to become due on the bonds to be refunded with such present
value savings to be computed as provided in subparagraph (a) of
subdivision two of paragraph b of section 90.10 of the local finance
law; or (iv) to refinance all or any portion of any bond anticipation
notes of a school district issued to finance a school construction
project. In the event that the dormitory authority issues its
obligations on behalf of a school district as provided in this
subdivision: (i) no lease, sublease or other agreement entered into by
the school district pursuant to this subdivision shall, notwithstanding
any other provision of law to the contrary, be subject to the approval
of voters of the school district and (ii) the proceeds of any refunding
bonds issued by the authority, including any interest earnings thereon,
shall be held in trust under the terms of an escrow agreement for the
benefit of the holders of such refunded obligations in an amount
sufficient to provide for the payment of the principal, redemption price
and interest due on the refunded obligations of the school district to
their stated maturities or, if such bonds are to be called, to the call
date.
40. a. Any lease, sublease or other agreement by and between the
dormitory authority and any residential institution for children shall,
in addition to any other provisions deemed necessary by the dormitory
authority, contain the following:
(1) a requirement that the residential institution for children
establish an account with a bank or trust company acceptable to the
dormitory authority into which the residential institution for children
shall deposit, or cause to be deposited, all amounts received by such
residential institution for children from any school district, social
service district or any other payor on account of the residential
services provided by such residential institution for children. The
residential institution for children shall grant to the dormitory
authority a security interest in such account and the moneys on deposit
therein shall be subject to withdrawal by the residential institution
for children only after the payment of amounts then due to the dormitory
authority as provided in such lease, sublease or other agreement;
(2) a requirement that the residential institution for children grant
to the dormitory authority either a mortgage on the real property used
by the residential institution for children to provide residential
services or such other interest in real property as is acceptable to the
dormitory authority;
(3) a requirement that the residential institution for children
continue to operate a residential program for foster children and/or
children placed by the committee on special education of a school
district pursuant to contracts with social services districts or school
districts for the term of the lease, sublease or other agreement and in
the event such residential institution for children fails to do so,
provide for the transfer and operation of the residential facilities to
a replacement not-for-profit operator that is qualified to provide such
services and that has assumed the obligations of such residential
institution for children pursuant to such agreement;
(4) a requirement that the residential institution for children
include in each of its contracts with a social service district, school
district or any other payor a provision requiring that the residential
institution for children will deposit, or cause to be deposited, all of
its maintenance rate payments from such social service district, school
district or other payor into the separate account required by
subparagraph one of this paragraph. In the event of the failure of the
applicable social services district or school district to make a
maintenance rate payment to the residential institution for children for
residential care provided to a child in the residential institution for
children, the state comptroller shall withhold state reimbursement to
the applicable social services district or school district in an amount
equal to the unpaid obligation for the capital financing add-on rate and
pay over such sum to the dormitory authority or its trustee upon
certification of the commissioner of the office of children and family
services or the state education department, as applicable; and
(5) a requirement that the residential institution for children pay to
the dormitory authority the amount required to pay the principal of and
interest on obligations of the dormitory authority issued in relation to
providing such facilities and all incidental expenses of the dormitory
authority incurred in relation thereto.
b. The dormitory authority shall not issue any bonds or notes in
excess of sixty million dollars for the purpose of financing the costs
related to residential institutions for children as defined in
subdivision forty-four of section sixteen hundred seventy-six of this
title. In calculating the amount of bonds or notes outstanding pursuant
to this subdivision, the principal amount of bonds or notes issued to
fund one or more debt service reserve funds, the principal amount of
bonds or notes issued to pay the costs of issuance of such bonds, and
the principal amount of bonds or notes issued to refund or otherwise
repay such bonds and bonds or notes previously issued shall be excluded
therefrom. Except for purposes of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds or notes.
Structure New York Laws
Article 8 - Miscellaneous Authorities
1676-A - Payment on Authority Public Work Projects.
1678 - Powers of the Authority.
1679 - Supplemental Higher Education Loan Financing Program.
1679-A - Health Education Assistance Loan Financing Program.
1679-C - The New York Higher Education Loan Program.
1680-A - Judicial Facilities in Certain Counties.
1680-B - Court Facilities and Combined Occupancy Structures.
1680-C - Creation of the Court Facilities Capital Review Board.
1680-D - Sale of Bonds by the Authority.
1680-E - State University Athletic Facilities.
1680-F - Roswell Park Cancer Institute Development Account.
1680-H - Sale of Bonds by the Authority.
1680-I - Judiciary; Authority Financing of Courthouse Improvements.
1680-J - New York State Higher Education Capital Matching Grant Board; Creation; Procedure.
1680-K - Financing of Department of Agriculture and Markets Facilities.
1680-L - The Special Disability Fund Financing.
1680-M - Cultural Education Facilities.
1680-N - Acquisition of State Buildings and Other Facilities.
1680-O - Courthouse Improvements and Training Facilities.
1680-P - Longitudinal Data System.
1680-Q - State University of New York Dormitory Facilities.
1680-Q*2 - Self-Insured Bond Financing.
1681 - Moneys of the Authority.
1681-A - Distribution of Board Materials.
1682 - Bonds of the Authority.
1682-A - Financial Monitoring.
1683 - State Not Liable on Bonds.
1684 - Bonds Legal Investments for Fiduciaries.
1685 - Exemptions From Taxation.
1686 - Remedies of Bondholders.
1686-A - Security by Authority.
1687 - Members and Employees Not to Profit.
1689 - Board of Cooperative Educational Services School Facilities.
1689-B - Sale of Bonds by the Authority.
1689-C - Capital Facility Program, Authority Financing of Eligible Projects.
1689-D - Bidding Requirements.
1689-E - Biomedical Facilities Program, Authority Financing of Eligible Projects.
1689-H - Expedited Deployment Funding.
1689-I - Library Construction.
1691 - Actions Against Authority.
1693 - Title Not Affected if in Part Unconstitutional or Ineffective.