S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3501--A
           Cal. No. 431
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 10, 2015
                                      ___________
       Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Corporations,  Authorities
         and  Commissions -- reported favorably from said committee, ordered to
         first and second report, ordered to a third reading, passed by  Senate
         and  delivered  to the Assembly, recalled, vote reconsidered, restored
         to third reading, amended and ordered reprinted, retaining  its  place
         in the order of third reading
       AN  ACT  to amend the public authorities law and the transportation law,
         in relation to establishing the Corinth and Warren railroad  authority
         and  establishing  the  powers  and duties of the town of Corinth, the
         county of Warren and other municipalities located along  the  railroad
         line
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 8 of the  public  authorities  law  is  amended  by
    2  adding a new title 28-C to read as follows:
    3                                 TITLE 28-C
    4                         CORINTH AND WARREN RAILROAD
    5                                  AUTHORITY
    6  SECTION 2681.   SHORT TITLE.
    7          2681-A. DEFINITIONS.
    8          2681-B. CORINTH AND WARREN RAILROAD AUTHORITY.
    9          2681-C. PURPOSES OF THE AUTHORITY.
   10          2681-D. GENERAL POWERS OF THE AUTHORITY.
   11          2681-E. SPECIAL POWERS OF THE AUTHORITY.
   12          2681-F. COUNTY APPROVAL REQUIRED.
   13          2681-G. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.
   14          2681-H. EXEMPTION FROM TAXATION.
   15          2681-I. ADVANCES ON BEHALF OF AUTHORITY; TRANSFER OF PROPERTY TO
   16                    AUTHORITY; ACQUISITION OF PROPERTY FOR AUTHORITY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08936-05-5
       S. 3501--A                          2
    1          2681-J. NEW  YORK  STATE  AND LOCAL EMPLOYEES' RETIREMENT SYSTEM
    2                    RIGHTS OF EMPLOYEES; CIVIL SERVICE.
    3          2681-K. EQUAL EMPLOYMENT OPPORTUNITY.
    4          2681-L. MONIES OF THE AUTHORITY.
    5          2681-M. CONTRACTS.
    6          2681-N. ANNUAL REPORT AND AUDIT.
    7          2681-O. DEFENSE AND INDEMNIFICATION.
    8          2681-P. ACTION BY OR AGAINST THE AUTHORITY.
    9          2681-Q. TRACK, BRIDGE, SIGNAL, STATION AND OTHER FACILITY OPERA-
   10                    TION AND MAINTENANCE.
   11          2681-R. STATE,  COUNTY,  TOWN  AND MUNICIPALITIES NOT LIABLE FOR
   12                    OBLIGATIONS OF THE AUTHORITY.
   13          2681-S. EFFECT OF INCONSISTENT PROVISIONS.
   14    S 2681. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
   15  "CORINTH AND WARREN RAILROAD AUTHORITY ACT".
   16    S 2681-A. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS  A
   17  DIFFERENT MEANING APPEARS FROM THE CONTEXT:
   18    1.   "AUTHORITY"   SHALL  MEAN  THE  CORPORATION  CREATED  BY  SECTION
   19  TWENTY-SIX HUNDRED EIGHTY-ONE-B OF THIS TITLE.
   20    2. "AUTHORITY FACILITIES" SHALL MEAN THE AUTHORITY'S RAILROAD  FACILI-
   21  TIES AND OPERATIONS PURSUANT TO JOINT SERVICE ARRANGEMENTS.
   22    3. "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
   23    4.  "CORINTH  AND  WARREN  RAILROAD LINE" SHALL MEAN THE RAILROAD LINE
   24  GENERALLY DESCRIBED AS LOCATED BETWEEN MILE POST 94.96 IN NORTH CREEK IN
   25  THE TOWN OF JOHNSBURG AND COUNTY OF  WARREN  AND  RUNNING  APPROXIMATELY
   26  FIFTY-SIX  MILES  TO  MILE POST 39.44 IN THE CITY OF SARATOGA SPRINGS IN
   27  THE COUNTY OF SARATOGA.
   28    5. "COUNTY" SHALL MEAN THE COUNTY OF WARREN.
   29    6. "EQUIPMENT" SHALL MEAN ROLLING STOCK,  VEHICLES,  MOTORS,  BOILERS,
   30  ENGINES,  WIRES, WAYS, CONDUITS AND MECHANISMS, MACHINERY, TOOLS, IMPLE-
   31  MENTS, MATERIALS, SUPPLIES, INSTRUMENTS  AND  DEVICES  OF  EVERY  NATURE
   32  WHATSOEVER  USED  OR  USEFUL  FOR  RAILROAD  AND  RELATED TRANSPORTATION
   33  PURPOSES OR FOR THE GENERATION OR TRANSMISSION OF MOTIVE POWER INCLUDING
   34  BUT NOT LIMITED TO ALL POWER HOUSES, AND ALL APPARATUS AND  ALL  DEVICES
   35  FOR  SIGNALING,  COMMUNICATIONS  AND  VENTILATION  AS  MAY BE NECESSARY,
   36  CONVENIENT OR DESIRABLE FOR THE  OPERATION  OF  A  RAILROAD  OR  RELATED
   37  TRANSPORTATION FACILITY.
   38    7. "JOINT SERVICE ARRANGEMENTS" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
   39  THE  AUTHORITY  AND  ANY COMMON CARRIER OR FREIGHT FORWARDER, THE STATE,
   40  THE FEDERAL GOVERNMENT, ANY OTHER STATE  OR  AGENCY  OR  INSTRUMENTALITY
   41  THEREOF,  ANY  PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE, OR ANY POLI-
   42  TICAL SUBDIVISION OR MUNICIPALITY OF THIS OR ANY OTHER  STATE,  RELATING
   43  TO  PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, RATES, FARES,
   44  CLASSIFICATIONS, DIVISIONS, ALLOWANCES OR CHARGES,  OR  RULES  OR  REGU-
   45  LATIONS  PERTAINING  THERETO, FOR OR IN CONNECTION WITH OR INCIDENTAL TO
   46  TRANSPORTATION IN PART IN OR UPON RAILROAD FACILITIES LOCATED WITHIN THE
   47  COUNTY OF WARREN OR TOWN OF CORINTH AND IN  PART  IN  OR  UPON  RAILROAD
   48  FACILITIES LOCATED OUTSIDE SAID COUNTY OR TOWN.
   49    8. "LEGISLATIVE BODY" OR "LEGISLATIVE BODIES" SHALL MEAN ANY OR ALL OF
   50  THE GOVERNING BOARDS OF THE COUNTY OF WARREN AND THE TOWN OF CORINTH.
   51    9.  "MUNICIPALITY"  SHALL MEAN ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
   52  DISTRICT, IMPROVEMENT DISTRICT, ANY OTHER SUCH INSTRUMENTALITY,  INCLUD-
   53  ING  AN AGENCY OR PUBLIC BENEFIT CORPORATION OF THE STATE, OR ANY OF THE
   54  FOREGOING, OR ANY COMBINATION THEREOF.
   55    10. "RAILROAD FACILITIES" SHALL MEAN RIGHT-OF-WAY AND  RELATED  TRACK-
   56  AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
       S. 3501--A                          3
    1  COMMUNICATION  AND  VENTILATION  SYSTEMS, POWER PLANTS, STATIONS, TERMI-
    2  NALS, PARKING  LOTS,  GARAGES,  WAREHOUSES,  STORAGE  YARDS,  INTERMODAL
    3  FACILITIES,  REPAIR  AND  MAINTENANCE SHOPS, YARDS, EQUIPMENT AND PARTS,
    4  OFFICES  AND  OTHER  REAL ESTATE OR PERSONALTY USED OR HELD FOR OR INCI-
    5  DENTAL TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF  ANY  RAILROAD
    6  OPERATING  OR  TO OPERATE BETWEEN POINTS WITHIN THE COUNTY OF WARREN AND
    7  THE COUNTY OF  SARATOGA  OR  PURSUANT  TO  JOINT  SERVICE  ARRANGEMENTS,
    8  INCLUDING  BUT  NOT LIMITED TO BUILDINGS, STRUCTURES, AND AREAS NOTWITH-
    9  STANDING THAT PORTIONS THEREOF  MAY  NOT  BE  DEVOTED  TO  ANY  RAILROAD
   10  PURPOSE  OTHER  THAN  THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS
   11  AND EXPENSES OF ALL OR ANY FACILITIES OF THE AUTHORITY.
   12    11. "REAL PROPERTY"  SHALL  MEAN  LANDS,  STRUCTURES,  FRANCHISES  AND
   13  INTERESTS  IN  LAND,  WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND AIR
   14  RIGHTS AND ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID  TERM  AND
   15  INCLUDES  NOT  ONLY  FEES  SIMPLE  ABSOLUTE  BUT ALSO ANY AND ALL LESSER
   16  INTERESTS INCLUDING BUT NOT LIMITED TO EASEMENTS,  RIGHTS-OF-WAY,  USES,
   17  LEASES,  LICENSES  AND  ALL  OTHER  INCORPOREAL  HEREDITAMENTS AND EVERY
   18  ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS
   19  AND LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
   20    12. "TOWN" SHALL MEAN THE TOWN OF CORINTH IN THE COUNTY OF SARATOGA.
   21    S 2681-B. CORINTH AND WARREN RAILROAD AUTHORITY. 1.  THERE  IS  HEREBY
   22  CREATED  THE  "CORINTH  AND  WARREN RAILROAD AUTHORITY" WHICH SHALL BE A
   23  BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION.
   24    2. THE AUTHORITY SHALL CONTINUE FOR THIRTY YEARS  FROM  THE  EFFECTIVE
   25  DATE  OF  THIS  TITLE,  OR SO LONG AS IT SHALL HAVE BONDS OR OTHER OBLI-
   26  GATIONS OUTSTANDING OR UNTIL IT CAN NO LONGER SECURE OPERATIONS OF TRAIN
   27  SERVICES WHICH PROVIDE FREIGHT, PASSENGER AND  TOURIST  SERVICES  WITHIN
   28  THE RESOURCES AVAILABLE OR UNTIL ITS EXISTENCE SHALL OTHERWISE BE TERMI-
   29  NATED  BY LAW.   UPON THE TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
   30  ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE  COUNTY
   31  AND  THE  TOWN PURSUANT TO ANY AGREEMENTS AMONG THE COUNTY, THE TOWN AND
   32  THE AUTHORITY.
   33    3. THE AUTHORITY SHALL ADOPT BY-LAWS GOVERNING ITS OPERATION AND  KEEP
   34  A  RECORD OF ITS RESOLUTIONS, TRANSACTIONS, FINDINGS AND DETERMINATIONS,
   35  WHICH RECORD SHALL BE A PUBLIC RECORD.
   36    4. THE AUTHORITY SHALL CONSIST OF THE FOLLOWING SIX MEMBERS:
   37    (A) THE COUNTY LEGISLATIVE BODY OF  THE  COUNTY  SHALL  APPOINT  THREE
   38  VOTING  MEMBERS  OF THE AUTHORITY WHO SHALL BE RESIDENTS OF SUCH COUNTY,
   39  UPON THE RECOMMENDATION OF THE  CHIEF  EXECUTIVE  (COUNTY  EXECUTIVE  OR
   40  CHAIR OF THE COUNTY LEGISLATIVE BODY) OF THE COUNTY; AND
   41    (B)  THE  TOWN BOARD OF THE TOWN SHALL APPOINT THREE VOTING MEMBERS OF
   42  THE AUTHORITY WHO SHALL BE RESIDENTS OF SUCH TOWN, UPON THE  RECOMMENDA-
   43  TION OF THE SUPERVISOR OF THE TOWN.
   44    5.  THE  TERM  OF  OFFICE  OF  MEMBERS OF THE AUTHORITY SHALL BE THREE
   45  YEARS.  TWO OF THE INITIAL MEMBERS OF THE AUTHORITY SHALL  SERVE  A  ONE
   46  YEAR  TERM,  TWO SHALL SERVE A TWO YEAR TERM AND TWO SHALL SERVE A THREE
   47  YEAR TERM.
   48    6. ALL MEMBERS SHALL CONTINUE TO HOLD OFFICE  UNTIL  THEIR  SUCCESSORS
   49  ARE  APPOINTED  AND  QUALIFIED.  THE  RESIGNATION OF ANY MEMBER SHALL BE
   50  FILED WITH THE APPOINTING AUTHORITY  AND  SHALL  BE  EFFECTIVE  WHEN  SO
   51  FILED.    VACANCIES  OCCURRING  OTHERWISE  THAN BY EXPIRATION OF TERM OF
   52  OFFICE SHALL BE FILLED FOR THE UNEXPIRED TERM  IN  THE  SAME  MANNER  AS
   53  PROVIDED FOR THE ORIGINAL APPOINTMENT.
   54    7.  THE  CHAIRPERSON, VICE-CHAIRPERSON, SECRETARY, AND OTHER NECESSARY
   55  OFFICERS SHALL BE NAMED BY A MAJORITY VOTE OF ALL THE VOTING MEMBERS  TO
   56  SERVE FOR SUCH PERIOD AS THE MEMBERS SHALL DECIDE. THE CHAIRPERSON SHALL
       S. 3501--A                          4
    1  PRESIDE  OVER THE MEETINGS OF THE AUTHORITY AND SHALL APPOINT MEMBERS OF
    2  THE AUTHORITY TO COMMITTEES ESTABLISHED BY THE AUTHORITY TO  ASSIST  THE
    3  AUTHORITY IN CARRYING OUT ITS DUTIES.
    4    8.  ANY  MEMBER  OF  THE AUTHORITY MAY BE REMOVED BY RESOLUTION OF THE
    5  ENTITY WHICH APPOINTED SUCH MEMBER EITHER FOR CAUSE OR  FOR  NON-COMPLI-
    6  ANCE  WITH MINIMUM REQUIREMENTS RELATING TO MEETING ATTENDANCE AND OTHER
    7  CRITERIA AS MAY BE ESTABLISHED BY RESOLUTION OF SUCH ENTITY.
    8    9. NO PERSON SHALL BE PRECLUDED  FROM  SERVING  AS  A  MEMBER  OF  THE
    9  AUTHORITY  AS APPOINTED BY THE COUNTY LEGISLATIVE BODY OR THE TOWN BOARD
   10  PURSUANT TO THIS SECTION BECAUSE SUCH MEMBER IS AN ELECTED OR  APPOINTED
   11  OFFICIAL OF A MUNICIPALITY, EXCEPT THAT NO MEMBER OF THE AUTHORITY SHALL
   12  VOTE  ON ANY MATTER BEFORE THE AUTHORITY WHICH HAS BEEN THE SUBJECT OF A
   13  PROPOSAL, APPLICATION OR VOTE BEFORE THE MUNICIPALITY WHERE  HE  OR  SHE
   14  SERVES IN SUCH ELECTED OR APPOINTED CAPACITY.
   15    10.  THE  MEMBERS  OF THE AUTHORITY SHALL RECEIVE NO SALARY OR COMPEN-
   16  SATION FOR THEIR SERVICES, BUT MAY BE REIMBURSED FOR AUTHORIZED,  ACTUAL
   17  AND NECESSARY TRAVEL AND EXPENDITURES.
   18    11.  A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE AUTHORITY
   19  THEN IN OFFICE SHALL CONSTITUTE A QUORUM  FOR  THE  TRANSACTION  OF  ANY
   20  BUSINESS  OR THE EXERCISE OF ANY POWER OF THE AUTHORITY. NOTWITHSTANDING
   21  ANY PROVISION OF STATUTE OR LAW TO THE CONTRARY AND EXCEPT AS  OTHERWISE
   22  SPECIFIED  IN  THIS  TITLE,  FOR  THE TRANSACTION OF ANY BUSINESS OR THE
   23  EXERCISE OF ANY POWER OF THE AUTHORITY, THE AUTHORITY SHALL  HAVE  POWER
   24  TO  ACT  BY  A  MAJORITY  OF  THE  WHOLE NUMBER OF VOTING MEMBERS OF THE
   25  AUTHORITY.
   26    12. THE AUTHORITY SHALL BE DEEMED  A  STATE  AGENCY  FOR  PURPOSES  OF
   27  SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, PROVIDED, HOWEVER, THAT
   28  NO  NON-VOTING  MEMBER  OF  THE  AUTHORITY SHALL BE DEEMED AN OFFICER OR
   29  EMPLOYEE OF A STATE AGENCY.
   30    S 2681-C. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE  AUTHORITY
   31  SHALL  BE  THE ADMINISTRATION, MANAGEMENT, CONTINUANCE, FURTHER DEVELOP-
   32  MENT AND IMPROVEMENT  OF  RAILROAD  TRANSPORTATION  AND  OTHER  SERVICES
   33  RELATED  THERETO  WITHIN  THE  COUNTIES  OF  WARREN AND SARATOGA AND THE
   34  PROMOTION OF TOURISM, FREIGHT AND PASSENGER TRANSPORTATION,  IN  ACCORD-
   35  ANCE  WITH THE PROVISIONS OF THIS TITLE. IT SHALL BE THE FURTHER PURPOSE
   36  OF THE AUTHORITY TO DEVELOP AND IMPLEMENT A UNIFIED RAILROAD TRANSPORTA-
   37  TION POLICY AND STRATEGY FOR SUCH COUNTY AND TOWN.  WHEN  ADMINISTERING,
   38  MANAGING,  CONTINUING,  DEVELOPING AND IMPROVING RAILROAD FACILITIES, OR
   39  FORMULATING STRATEGIES, POLICIES AND MAKING DECISIONS  RELATED  THERETO,
   40  THE  AUTHORITY  SHALL  UNDERTAKE  TO  ENCOURAGE AND WORK TO CONTINUE AND
   41  CAUSE THE GROWTH OF THE OPERATION OF  TOURISM  TRAINS  THAT  PROVIDE  AN
   42  ATTRACTION  AND  OPPORTUNITY  FOR  TOURISTS  TO TAKE SCENIC TRAIN RIDES,
   43  THEME RIDES, OR SIMILAR SPECIAL EVENTS AND OTHERWISE CAUSE  TRAIN  OPER-
   44  ATIONS  THAT  NOT  ONLY PROVIDE THE USUAL FREIGHT AND PASSENGER SERVICE,
   45  BUT ALSO PROMOTE AND ENCOURAGE TOURISM  IN  AND  AMONG  THE  COMMUNITIES
   46  ALONG THE RAIL LINE.
   47    2.  IT  IS  HEREBY  FOUND  AND  DECLARED THAT SUCH PURPOSES ARE IN ALL
   48  RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE  AND  THE  AUTHORITY
   49  SHALL  BE  REGARDED  AS PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN
   50  CARRYING OUT ITS PURPOSES AND IN EXERCISING THE POWERS GRANTED  BY  THIS
   51  TITLE.
   52    S 2681-D. GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMITED
   53  BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
   54    1. TO SUE AND BE SUED;
   55    2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
   56    3. TO BORROW MONEY;
       S. 3501--A                          5
    1    4. TO INVEST ANY FUNDS HELD IN RESERVE OR SINKING FUNDS, OR ANY MONIES
    2  NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE
    3  AUTHORITY,  IN  OBLIGATIONS  IN  WHICH  THE STATE COMPTROLLER MAY INVEST
    4  PURSUANT TO SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE  FINANCE
    5  LAW;
    6    5. TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
    7  MENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND
    8  THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
    9    6.  TO  ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRUMENTS
   10  NECESSARY OR CONVENIENT;
   11    7. TO ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL  PROPERTY  IN  THE
   12  EXERCISE OF ITS POWERS FOR ITS CORPORATE PURPOSES;
   13    8.  THE  AUTHORITY  MAY, WHENEVER IT SHALL DETERMINE THAT IT IS NOT IN
   14  CONFLICT WITH THE INTERESTS OR PURPOSES OF THE AUTHORITY, RENT, LEASE OR
   15  GRANT EASEMENTS OR OTHER RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORI-
   16  TY, INCLUDING THE GRANTING OF MUNICIPAL UTILITY EASEMENTS;
   17    9. TO APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY  REQUIRE  FOR  THE
   18  PERFORMANCE  OF  ITS  DUTIES,  AND TO FIX AND DETERMINE THEIR QUALIFICA-
   19  TIONS, DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY  COUNSEL,  AUDI-
   20  TORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE
   21  FOR  RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE; SUCH COUN-
   22  SEL, AUDITORS, ENGINEERS, AND PRIVATE CONSULTANTS, OFFICERS AND  EMPLOY-
   23  EES MAY NOT BE A MEMBER OF THE AUTHORITY;
   24    10.  TO  MAKE  PLANS,  SURVEYS,  AND  STUDIES NECESSARY, CONVENIENT OR
   25  DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
   26  TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
   27    11. TO CONTRACT FOR AND ACCEPT ANY GIFTS OR GRANTS, SUBSIDIES OR LOANS
   28  OF FUNDS OR PROPERTY OR FINANCIAL OR OTHER AID  IN  ANY  FORM  FROM  THE
   29  FEDERAL OR STATE GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR
   30  FROM  ANY OTHER SOURCE, PUBLIC OR PRIVATE, AND TO COMPLY, SUBJECT TO THE
   31  PROVISIONS OF THIS TITLE, WITH THE TERMS AND CONDITIONS THEREOF;
   32    12. TO DESIGNATE THE DEPOSITORIES OF ITS MONEY;
   33    13. TO ESTABLISH ITS FISCAL YEAR; AND
   34    14. TO DO ALL THINGS NECESSARY OR CONVENIENT OR DESIRABLE TO CARRY OUT
   35  ITS PURPOSES AND EXERCISE THE POWERS EXPRESSLY GIVEN IN THIS TITLE.
   36    S 2681-E. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE  THE
   37  PURPOSES OF THIS TITLE: 1. THE AUTHORITY MAY ACQUIRE, BY PURCHASE, GIFT,
   38  GRANT,  TRANSFER,  CONTRACT  OR  LEASE, ANY RAILROAD FACILITY, WHOLLY OR
   39  PARTIALLY WITHIN THE COUNTY OR TOWN OR ANY  PART  THEREOF,  OR  THE  USE
   40  THEREOF,  AND  MAY ENTER INTO ANY JOINT SERVICE ARRANGEMENTS AS PROVIDED
   41  IN THIS SECTION. ANY SUCH ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL
   42  BE AUTHORIZED ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY  NOT  LESS
   43  THAN  A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE AUTHORITY.
   44  IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER POWER  CONFERRED  UPON
   45  THE  AUTHORITY  BY THE PROVISIONS OF THIS TITLE, THE AUTHORITY IS HEREBY
   46  EMPOWERED AND AUTHORIZED IN RESPECT OF ANY PROPERTY AND  ASSETS  AT  ANY
   47  TIME  OWNED  OR  HELD  BY,  OR UNDER THE JURISDICTION OF, THE STATE, ANY
   48  POLITICAL SUBDIVISION THEREOF, OR ANY PRIVATE OR OTHER  PUBLIC  CONCERN,
   49  TO  ACCEPT  AND RECEIVE ANY SUCH INTEREST THEREIN AS IT MAY HAVE BEEN OR
   50  MAY HEREAFTER BE DESIGNATED BY  THE  STATE,  ANY  POLITICAL  SUBDIVISION
   51  THEREOF,  OR ANY OTHER PUBLIC OR PRIVATE CONCERN, BY LAW OR OTHER LAWFUL
   52  MEANS TO RECEIVE, AND IN RESPECT THEREOF, EXCEPT AS  OTHERWISE  PROVIDED
   53  BY  THE DESIGNATING STATUTE OR CONTRACTUAL INSTRUMENT, IT SHALL HAVE AND
   54  EXERCISE ALL OF THE POWERS AND JURISDICTION HEREIN CONFERRED UPON IT  IN
   55  RESPECT  OF  ANY OTHER PROPERTY, RIGHTS, ASSETS, FACILITIES AND PROJECTS
       S. 3501--A                          6
    1  IN ANY OTHER MANNER ACQUIRED OR FROM ANY OTHER  SOURCE  RECEIVED  BY  IT
    2  PURSUANT TO THE PROVISIONS OF THIS TITLE.
    3    2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
    4  DETERMINE   NECESSARY,   CONVENIENT   OR   DESIRABLE  ITSELF  ESTABLISH,
    5  CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE,  EXTEND  OR
    6  REPAIR  ANY  SUCH  RAILROAD FACILITY, OR MAY PROVIDE FOR SUCH ESTABLISH-
    7  MENT, CONSTRUCTION, EFFECTUATION,  OPERATION,  MAINTENANCE,  RENOVATION,
    8  IMPROVEMENT,  EXTENSION  OR REPAIR BY CONTRACT, LEASE, OR OTHER ARRANGE-
    9  MENT ON SUCH TERMS AS THE AUTHORITY MAY DEEM  NECESSARY,  CONVENIENT  OR
   10  DESIRABLE  WITH  ANY  PERSON,  INCLUDING, BUT NOT LIMITED TO, ANY COMMON
   11  CARRIER OR FREIGHT FORWARDER  OR  OTHER  PRIVATE  FOR-PROFIT  FIRM,  THE
   12  STATE,  ANY AGENCY OR THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER STATE
   13  OR AGENCY OR INSTRUMENTALITY THEREOF, ANY  NON-PROFIT  CORPORATION,  ANY
   14  PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE OR ANY POLITICAL SUBDIVISION
   15  OR  MUNICIPALITY  OF  THE STATE. IN CONNECTION WITH THE OPERATION OF ANY
   16  SUCH RAILROAD FACILITY, THE AUTHORITY MAY ESTABLISH, CONSTRUCT, EFFECTU-
   17  ATE, OPERATE, MAINTAIN, RENOVATE,  IMPROVE,  EXTEND  OR  REPAIR  OR  MAY
   18  PROVIDE  BY  CONTRACT, LEASE OR OTHER ARRANGEMENT FOR THE ESTABLISHMENT,
   19  CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENOVATION, IMPROVE-
   20  MENT, EXTENSION OR REPAIR OF ANY  RELATED  SERVICES  AND  ACTIVITIES  IT
   21  DEEMS NECESSARY, CONVENIENT OR DESIRABLE, INCLUDING, BUT NOT LIMITED TO,
   22  THE  TRANSPORTATION  AND  STORAGE OF FREIGHT AND THE UNITED STATES MAIL,
   23  FEEDER AND  CONNECTING  TRANSPORTATION,  PARKING  AREAS,  TRANSPORTATION
   24  CENTERS, STATIONS AND RELATED FACILITIES.
   25    3. THE AUTHORITY MAY ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTAB-
   26  LISHED,  LEVIED  AND  COLLECTED  AND,  IN  THE  CASE  OF A JOINT SERVICE
   27  ARRANGEMENT, JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND  COLLECTION
   28  OF  SUCH  FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES AS IT MAY
   29  DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
   30  RAILROAD FACILITY AND RELATED SERVICES  OPERATED  BY  THE  AUTHORITY  OR
   31  UNDER  CONTRACT,  LEASE  OR  OTHER  ARRANGEMENT, INCLUDING JOINT SERVICE
   32  ARRANGEMENTS, WITH THE AUTHORITY.
   33    4. THE AUTHORITY MAY ESTABLISH AND,  IN  THE  CASE  OF  JOINT  SERVICE
   34  ARRANGEMENTS,  JOIN  WITH  OTHERS IN THE ESTABLISHMENT OF SUCH SCHEDULES
   35  AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
   36  ING BUT NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE  CONDUCT  AND
   37  SAFETY  OF  THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE
   38  FOR THE USE AND OPERATION OF ANY RAILROAD FACILITY AND RELATED  SERVICES
   39  OPERATED BY THE AUTHORITY OR UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT,
   40  INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY.
   41    5.  THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH, CONSTRUCT,
   42  EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR  REPAIR  ANY
   43  OF ITS FACILITIES.
   44    6.  THE  AUTHORITY,  IN  ITS  OWN  NAME, MAY APPLY FOR AND RECEIVE AND
   45  ACCEPT GRANTS OF PROPERTY,  MONEY  AND  SERVICES  AND  OTHER  ASSISTANCE
   46  OFFERED  OR  MADE  AVAILABLE  TO  IT BY ANY PERSON, GOVERNMENT OR AGENCY
   47  WHICH IT MAY USE TO MEET CAPITAL OR OPERATING EXPENSES AND FOR ANY OTHER
   48  USE WITHIN THE SCOPE OF ITS POWERS, AND TO NEGOTIATE FOR THE  SAME  UPON
   49  SUCH  TERMS  AND  CONDITIONS AS THE AUTHORITY MAY DETERMINE TO BE NECES-
   50  SARY, CONVENIENT OR DESIRABLE.
   51    7. THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY,  CONVENIENT  OR
   52  DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
   53  RAILROAD  FACILITIES,  EQUIPMENT  OR  REAL PROPERTY OPERATED BY OR UNDER
   54  CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. EXCEPT AS HERE-
   55  INAFTER SPECIALLY PROVIDED, NO MUNICIPALITY  OR  POLITICAL  SUBDIVISION,
   56  INCLUDING  BUT NOT LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR SCHOOL OR
       S. 3501--A                          7
    1  OTHER DISTRICT SHALL  HAVE  JURISDICTION  OVER  ANY  FACILITIES  OF  THE
    2  AUTHORITY OR ANY OF ITS ACTIVITIES OR OPERATIONS. THE LOCAL LAWS, RESOL-
    3  UTIONS, ORDINANCES, RULES AND REGULATIONS OF A MUNICIPALITY OR POLITICAL
    4  SUBDIVISION  IN  THE  STATE  CONFLICTING  WITH THIS TITLE OR ANY RULE OR
    5  REGULATION OF THE AUTHORITY, SHALL NOT BE APPLICABLE TO  THE  ACTIVITIES
    6  OR  OPERATIONS  OF  THE  AUTHORITY,  OR THE FACILITIES OF THE AUTHORITY,
    7  EXCEPT SUCH FACILITIES THAT ARE DEVOTED TO PURPOSES OTHER THAN TRANSPOR-
    8  TATION PURPOSES. THE AUTHORITY MAY AGREE WITH THE DEPARTMENT  OF  TRANS-
    9  PORTATION  FOR  THE  EXECUTION  BY SUCH DEPARTMENT OF ANY GRADE CROSSING
   10  ELIMINATION PROJECT OR  ANY  GRADE  CROSSING  SEPARATION  RECONSTRUCTION
   11  PROJECT  ALONG  ANY RAILROAD FACILITY OPERATED BY THE AUTHORITY OR UNDER
   12  CONTRACT, LEASE OR  OTHER  ARRANGEMENT  WITH  THE  AUTHORITY.  ANY  SUCH
   13  PROJECT  SHALL BE EXECUTED AS PROVIDED IN ARTICLE TEN OF THE TRANSPORTA-
   14  TION LAW AND THE RAILROAD LAW, RESPECTIVELY, AND THE COSTS OF  ANY  SUCH
   15  PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS.
   16    S  2681-F.  COUNTY APPROVAL REQUIRED. NOTWITHSTANDING ANY INCONSISTENT
   17  PROVISION OF THIS TITLE, NO PROJECT HAVING AN AGGREGATE  COST  EXCEEDING
   18  ONE  MILLION  DOLLARS,  INCLUDING  BUT NOT LIMITED TO THE ACQUISITION OF
   19  REAL PROPERTY BY THE AUTHORITY OR THE EXPANSION OF THE AUTHORITY'S RAIL-
   20  ROAD FACILITIES, MAY BE UNDERTAKEN BY THE AUTHORITY UNLESS SUCH  PROJECT
   21  IS  APPROVED  BY ORDINANCE OF WARREN COUNTY, ADOPTED BY A MAJORITY VOTE,
   22  AND APPROVED BY THE BOARD OF SUPERVISORS.
   23    S 2681-G. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.  1.  TO  AVOID
   24  DUPLICATION OF EFFORT AND IN THE INTERESTS OF ECONOMY, THE AUTHORITY MAY
   25  MAKE  USE  OF EXISTING STUDIES, SURVEYS, PLANS, DATA AND OTHER MATERIALS
   26  IN THE POSSESSION OF ANY STATE AGENCY OR ANY MUNICIPALITY  OR  POLITICAL
   27  SUBDIVISION  OF THE STATE. EACH SUCH AGENCY, MUNICIPALITY OR SUBDIVISION
   28  LOCATED IN OR SERVING SOME PORTION OF THE STATE IS HEREBY AUTHORIZED  TO
   29  MAKE  THE  SAME AVAILABLE TO THE AUTHORITY AND OTHERWISE TO ASSIST IT IN
   30  THE PERFORMANCE OF ITS FUNCTIONS. AT THE REQUEST OF THE AUTHORITY,  EACH
   31  SUCH  AGENCY,  MUNICIPALITY  OR  SUBDIVISION  LOCATED IN OR SERVING SOME
   32  PORTION OF THE STATE WHICH IS ENGAGED IN RAILROAD OR  OTHER  TRANSPORTA-
   33  TION  ACTIVITIES  OR  IN  LAND  USE OR DEVELOPMENT PLANNING, OR WHICH IS
   34  CHARGED WITH THE DUTY OF  PROVIDING  OR  REGULATING  ANY  TRANSPORTATION
   35  FACILITY  OR ANY OTHER PUBLIC FACILITY, IS FURTHER AUTHORIZED TO PROVIDE
   36  THE AUTHORITY WITH INFORMATION REGARDING ITS PLANS AND PROGRAMS  AFFECT-
   37  ING  RAILROAD  TRANSPORTATION  WITHIN THE PARTICIPATING COUNTIES SO THAT
   38  THE AUTHORITY MAY HAVE AVAILABLE TO IT CURRENT INFORMATION WITH  RESPECT
   39  THERETO.  THE OFFICERS AND PERSONNEL OF SUCH AGENCIES, MUNICIPALITIES OR
   40  SUBDIVISIONS, AND OF ANY OTHER GOVERNMENT OR AGENCY WHATEVER, MAY  SERVE
   41  AT  THE  REQUEST  OF  THE AUTHORITY UPON SUCH ADVISORY COMMITTEES AS THE
   42  AUTHORITY SHALL DETERMINE TO CREATE AND SUCH OFFICERS AND PERSONNEL  MAY
   43  SERVE  UPON  SUCH  COMMITTEES WITHOUT FORFEITURE OF OFFICE OR EMPLOYMENT
   44  AND WITH NO LOSS OR DIMINUTION IN THE COMPENSATION, STATUS,  RIGHTS  AND
   45  PRIVILEGES WHICH THEY OTHERWISE ENJOY.
   46    2.  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF LAW, THE COUNTY, EVERY
   47  MUNICIPALITY LOCATED IN THE COUNTY  AND  THE  TOWN  ARE  AUTHORIZED  AND
   48  EMPOWERED TO CONSENT TO THE USE BY THE AUTHORITY OF ANY REAL OR PERSONAL
   49  PROPERTY  OWNED  BY  ANY  SUCH MUNICIPALITY AND NECESSARY, CONVENIENT OR
   50  DESIRABLE IN THE OPINION OF THE AUTHORITY FOR ANY OF THE  FACILITIES  OR
   51  PROJECTS  AUTHORIZED  UNDER  THIS TITLE, INCLUDING SUCH REAL PROPERTY AS
   52  HAS ALREADY BEEN DEVOTED TO A PUBLIC USE, AND AS  AN  INCIDENT  TO  SUCH
   53  CONSENT,  TO LEASE OR OTHERWISE TRANSFER AND CONVEY TO THE AUTHORITY ANY
   54  SUCH REAL OR PERSONAL PROPERTY UPON SUCH TERMS AS MAY BE  DETERMINED  BY
   55  THE AUTHORITY AND ANY SUCH MUNICIPALITY. EVERY SUCH MUNICIPALITY ALSO IS
   56  AUTHORIZED AND EMPOWERED, AS AN INCIDENT TO SUCH CONSENT, TO VEST IN THE
       S. 3501--A                          8
    1  AUTHORITY THE CONTROL, POSSESSION, OPERATION, MAINTENANCE, RENTS, CHARG-
    2  ES  AND  ANY  AND  ALL OTHER REVENUES OF ANY FACILITIES NOW OWNED BY ANY
    3  SUCH MUNICIPALITY, THE TITLE TO SUCH FACILITIES REMAINING IN SUCH  MUNI-
    4  CIPALITY.
    5    S 2681-H. EXEMPTION FROM TAXATION. 1. IT IS HEREBY DETERMINED THAT THE
    6  CREATION  OF  THE  AUTHORITY  AND THE CARRYING OUT OF ITS PURPOSES UNDER
    7  THIS TITLE ARE IN ALL RESPECTS FOR THE BENEFIT  OF  THE  PEOPLE  OF  THE
    8  STATE  OF  NEW  YORK AND IS A PUBLIC PURPOSE. ACCORDINGLY, THE AUTHORITY
    9  SHALL BE REGARDED AS PERFORMING AN ESSENTIAL  GOVERNMENTAL  FUNCTION  IN
   10  THE  EXERCISE  OF  THE  POWERS  CONFERRED UPON IT BY THIS TITLE, AND THE
   11  AUTHORITY SHALL NOT BE REQUIRED TO PAY ANY FEES, TAXES, SPECIAL AD VALO-
   12  REM LEVIES OR ASSESSMENTS OF ANY KIND, WHETHER STATE OR LOCAL, INCLUDING
   13  BUT NOT LIMITED TO FEES, TAXES, SPECIAL AD VALOREM LEVIES OR ASSESSMENTS
   14  ON REAL PROPERTY, FRANCHISE TAXES, SALES TAXES OR OTHER TAXES,  UPON  OR
   15  WITH  RESPECT  TO  ANY  PROPERTY  OWNED BY IT OR UNDER ITS JURISDICTION,
   16  CONTROL OR SUPERVISION, OR UPON  THE  USES  THEREOF,  OR  UPON  OR  WITH
   17  RESPECT  TO  ITS  ACTIVITIES  OR OPERATIONS IN FURTHERANCE OF THE POWERS
   18  CONFERRED UPON IT BY THIS TITLE, OR UPON OR WITH RESPECT TO  ANY  FARES,
   19  TOLLS,  RENTALS, RATES, CHARGES, FEES, REVENUES OR OTHER INCOME RECEIVED
   20  BY THE AUTHORITY, EXCEPT THAT THE  AUTHORITY  SHALL  PAY  REAL  PROPERTY
   21  TAXES,  SPECIAL  AD  VALOREM  LEVIES AND ASSESSMENTS ON THAT PART OF THE
   22  RAILROAD TRACKS AND PROPERTY OWNED BY THE COUNTY ON THE  EFFECTIVE  DATE
   23  OF  THIS  TITLE  AND  LOCATED IN THE COUNTY OF SARATOGA, AND ON RAILROAD
   24  TRACKS AND PROPERTY OWNED BY THE TOWN ON  THE  EFFECTIVE  DATE  OF  THIS
   25  TITLE AND LOCATED OUTSIDE OF THE TOWN.
   26    2.  NOTWITHSTANDING  SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY OR
   27  ANY LESSEES OF THE AUTHORITY SHALL BE REQUIRED TO PAY  WATER  AND  SEWER
   28  FEES,  WATER AND SEWER ASSESSMENTS OR WATER AND SEWER SPECIAL AD VALOREM
   29  LEVIES, EXCEPT THAT SUCH TAXING JURISDICTIONS  WHERE  THE  AUTHORITY  IS
   30  REQUIRED  TO  PAY  REAL PROPERTY TAXES AND SPECIAL AD VALOREM LEVIES AND
   31  ASSESSMENTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   32    3. THE AUTHORITY MAY PAY, OR MAY ENTER INTO AGREEMENTS WITH ANY  MUNI-
   33  CIPALITY,  INCLUDING SCHOOL DISTRICTS, TO PAY, A SUM OR SUMS ANNUALLY OR
   34  OTHERWISE OR TO PROVIDE OTHER CONSIDERATIONS WITH RESPECT TO REAL  PROP-
   35  ERTY OWNED BY THE AUTHORITY LOCATED WITHIN SUCH MUNICIPALITY.
   36    S  2681-I.  ADVANCES  ON  BEHALF OF AUTHORITY; TRANSFER OF PROPERTY TO
   37  AUTHORITY; ACQUISITION OF PROPERTY FOR AUTHORITY. 1. IN ADDITION TO  ANY
   38  POWERS  GRANTED  TO  IT BY LAW, THE COUNTY OR THE TOWN MAY BY RESOLUTION
   39  ADVANCE SUMS OF MONEY TO OR ON BEHALF OF THE AUTHORITY TO  DEFRAY  COSTS
   40  OR  EXPENSES OF THE AUTHORITY TO BE INCURRED PRIOR TO THE FIRST ISSUANCE
   41  OF BONDS. SUBJECT TO THE RIGHTS OF ANY BONDHOLDERS, THE MONEYS SO APPRO-
   42  PRIATED MAY BE REPAID BY THE AUTHORITY TO THE COUNTY OR THE TOWN AT SUCH
   43  TIME AND IN SUCH MANNER AS MAY BE AGREED UPON BETWEEN THE AUTHORITY  AND
   44  THE COUNTY OR THE TOWN.
   45    2.  THE COUNTY OR THE TOWN OR ANY OTHER MUNICIPALITY ALONG THE CORINTH
   46  AND WARREN RAILROAD LINE SHALL BY RESOLUTION GIVE, GRANT, SELL,  CONVEY,
   47  LEND,  OR  LICENSE  THE USE OF OR LEASE TO THE AUTHORITY ANY PROPERTY OR
   48  FACILITY WHICH IS USEFUL TO THE AUTHORITY IN  ORDER  TO  CARRY  OUT  ITS
   49  POWERS  UNDER  THIS  TITLE.  ANY SUCH TRANSFER OF PROPERTY SHALL BE UPON
   50  SUCH TERMS AND CONDITIONS, SUBJECT TO THE RIGHTS OF ANY BONDHOLDERS,  AS
   51  THE AUTHORITY AND THE COUNTY, THE TOWN OR THE MUNICIPALITY MAY AGREE.
   52    3.  NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL, SPECIAL,
   53  OR LOCAL, REAL PROPERTY ACQUIRED BY THE AUTHORITY OR THE COUNTY  OR  THE
   54  TOWN FROM THE STATE MAY BE USED FOR ANY CORPORATE PURPOSE OF THE AUTHOR-
   55  ITY.
       S. 3501--A                          9
    1    S 2681-J. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM RIGHTS
    2  OF  EMPLOYEES;  CIVIL  SERVICE.  1. IN ACCORDANCE WITH THE PROVISIONS OF
    3  SECTION SEVENTY OF THE CIVIL SERVICE LAW, ANY OFFICER OR EMPLOYEE  OF  A
    4  MUNICIPALITY  TRANSFERRED  TO  THE  AUTHORITY SHALL BE ELIGIBLE FOR SUCH
    5  TRANSFER  AND  APPOINTMENT,  WITHOUT  FURTHER EXAMINATION, TO APPLICABLE
    6  OFFICES, POSITIONS AND EMPLOYMENT UNDER THE AUTHORITY. ANY SUCH OFFICERS
    7  OR EMPLOYEES SO TRANSFERRED TO THE AUTHORITY PURSUANT TO  THIS  SECTION,
    8  WHO  ARE  MEMBERS OF OR BENEFIT UNDER ANY EXISTING PENSION OR RETIREMENT
    9  FUND OR SYSTEM, SHALL CONTINUE TO HAVE  ALL  RIGHTS,  PRIVILEGES,  OBLI-
   10  GATIONS  AND  STATUS  WITH  RESPECT  TO  SUCH  FUND OR SYSTEM AS ARE NOW
   11  PRESCRIBED BY LAW.
   12    2. NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED (A) TO  DIMINISH
   13  THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT OR
   14  (B)  TO AFFECT EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE PUBLIC
   15  EMPLOYMENT RELATIONS BOARD SEEKING  A  DESIGNATION  BY  THE  BOARD  THAT
   16  CERTAIN PERSONS ARE MANAGERIAL OR CONFIDENTIAL.
   17    S  2681-K.  EQUAL  EMPLOYMENT  OPPORTUNITY. THE AUTHORITY SHALL ENSURE
   18  THAT ALL EMPLOYEES OR  APPLICANTS  FOR  EMPLOYMENT  ARE  AFFORDED  EQUAL
   19  OPPORTUNITY  EMPLOYMENT  WITHOUT  DISCRIMINATION ON ANY BASIS PROHIBITED
   20  UNDER SUBDIVISION TWO OF SECTION FORTY-C OF THE CIVIL RIGHTS LAW.
   21    S 2681-L. MONIES OF THE AUTHORITY. ALL MONIES OF  THE  AUTHORITY  FROM
   22  WHATEVER  SOURCE DERIVED SHALL BE PAID TO THE TREASURER OF THE AUTHORITY
   23  AND SHALL BE DEPOSITED FORTHWITH IN AN  INTEREST-BEARING  ACCOUNT  IN  A
   24  BANK  OR  BANKS DESIGNATED BY THE AUTHORITY. THE MONIES IN SUCH ACCOUNTS
   25  SHALL BE PAID OUT OR WITHDRAWN ON THE ORDER OF SUCH PERSON OR PERSONS AS
   26  THE AUTHORITY MAY AUTHORIZE TO MAKE SUCH REQUISITIONS. ALL  DEPOSITS  OF
   27  SUCH  MONIES  SHALL BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF
   28  THE STATE OR OF ANY MUNICIPALITY OF A MARKET VALUE EQUAL AT ALL TIMES TO
   29  THE AMOUNT ON DEPOSIT AND ALL BANKS AND TRUST COMPANIES  ARE  AUTHORIZED
   30  TO  GIVE  SUCH  SECURITY  FOR  SUCH DEPOSITS. TO THE EXTENT PRACTICABLE,
   31  CONSISTENT WITH THE CASH REQUIREMENTS OF THE AUTHORITY, ALL SUCH  MONIES
   32  SHALL  BE  DEPOSITED  IN  INTEREST-BEARING  ACCOUNTS.  ANY MONIES OF THE
   33  AUTHORITY NOT  REQUIRED  FOR  IMMEDIATE  USE  OR  DISBURSEMENT  MAY,  BE
   34  INVESTED  IN  ACCORDANCE  WITH SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF
   35  THE STATE FINANCE LAW.
   36    S 2681-M. CONTRACTS. 1. ALL CONTRACTS  FOR  THE  CONSTRUCTION,  RECON-
   37  STRUCTION, REHABILITATION OR IMPROVEMENT OF BUILDINGS LET BY THE AUTHOR-
   38  ITY  SHALL  COMPLY  WITH THE PROVISIONS OF SECTION TWO HUNDRED TWENTY OF
   39  THE LABOR LAW AND SHALL ALSO BE SUBJECT TO THE PROVISIONS OF LAW  APPLI-
   40  CABLE  TO  CONTRACTS LET BY A MUNICIPAL CORPORATION, EXCEPT AS OTHERWISE
   41  PROVIDED IN THIS TITLE.
   42    2. ALL CONTRACTS FOR THE CONSTRUCTION, RECONSTRUCTION,  REHABILITATION
   43  OR  IMPROVEMENT OF BUILDINGS LET BY THE AUTHORITY SHALL BE IN CONFORMITY
   44  WITH THE APPLICABLE PROVISIONS OF SECTION ONE HUNDRED THIRTY-FIVE OF THE
   45  STATE FINANCE LAW.
   46    3. THE AUTHORITY MAY, IN ITS DISCRETION, ASSIGN CONTRACTS  FOR  SUPER-
   47  VISION  AND COORDINATION TO THE SUCCESSFUL BIDDER FOR ANY SUBDIVISION OF
   48  WORK FOR WHICH THE AUTHORITY RECEIVES BIDS.  ANY  CONSTRUCTION  CONTRACT
   49  AWARDED  BY  THE AUTHORITY SHALL CONTAIN SUCH OTHER TERMS AND CONDITIONS
   50  AS THE AUTHORITY MAY DEEM  DESIRABLE.  THE  AUTHORITY  SHALL  AWARD  ANY
   51  CONSTRUCTION  CONTRACT INVOLVING AN EXPENDITURE OF MORE THAN THIRTY-FIVE
   52  THOUSAND DOLLARS TO THE LOWEST BIDDER WHO, IN ITS OPINION, IS  QUALIFIED
   53  TO  PERFORM  THE  WORK REQUIRED AND WHO IS RESPONSIBLE AND RELIABLE. THE
   54  AUTHORITY MAY, HOWEVER, REJECT ANY OR ALL BIDS OR WAIVE ANY  INFORMALITY
   55  IN A BID IF IT BELIEVES THAT THE PUBLIC INTEREST WILL BE PROMOTED THERE-
   56  BY.  THE AUTHORITY MAY REJECT ANY BID, IF, IN ITS JUDGMENT, THE BUSINESS
       S. 3501--A                         10
    1  AND TECHNICAL ORGANIZATION, PLANT,  RESOURCES,  FINANCIAL  STANDING,  OR
    2  EXPERIENCE OF THE BIDDER JUSTIFIES SUCH REJECTION IN VIEW OF THE WORK TO
    3  BE PERFORMED.
    4    4.  FOR  THE  PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW ONLY,
    5  THE AUTHORITY SHALL BE DEEMED A STATE AGENCY AS THAT  TERM  IS  USED  IN
    6  SUCH  ARTICLE,  AND ALL CONTRACTS FOR PROCUREMENT, DESIGN, CONSTRUCTION,
    7  SERVICES AND MATERIALS SHALL BE DEEMED STATE CONTRACTS WITHIN THE  MEAN-
    8  ING OF THAT TERM AS SET FORTH IN SUCH ARTICLE.
    9    S  2681-N.  ANNUAL REPORT AND AUDIT. IN CONFORMITY WITH THE PROVISIONS
   10  OF SECTION FIVE OF ARTICLE TEN OF THE CONSTITUTION, THE ACCOUNTS OF  THE
   11  AUTHORITY  SHALL BE SUBJECT TO THE SUPERVISION OF THE COMPTROLLER AND AN
   12  ANNUAL AUDIT SHALL BE  PERFORMED  BY  AN  INDEPENDENT  CERTIFIED  PUBLIC
   13  ACCOUNTANT.  THE  AUTHORITY SHALL ANNUALLY SUBMIT TO THE COUNTY LEGISLA-
   14  TURE, TOWN BOARD, GOVERNOR AND THE COMPTROLLER AND TO THE CHAIRPERSON OF
   15  THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF  THE  ASSEMBLY  WAYS
   16  AND  MEANS  COMMITTEE  A  DETAILED  REPORT PURSUANT TO THE PROVISIONS OF
   17  SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER, AND A COPY OF SUCH  REPORT
   18  SHALL BE FILED WITH THE CLERK OF THE COUNTY LEGISLATURE AND THE CLERK OF
   19  THE TOWN BOARD.
   20    S  2681-O.  DEFENSE  AND  INDEMNIFICATION.  1. THE AUTHORITY SHALL NOT
   21  EXECUTE ANY OF ITS POWERS EXCEPT AS NECESSARY TO COMMENCE ITS  CORPORATE
   22  EXISTENCE,  UNTIL  IT HAS ELECTED TO MAKE THE PROVISION OF SECTION EIGH-
   23  TEEN OF THE PUBLIC OFFICERS LAW APPLICABLE TO  ITS  EMPLOYEES  (AS  SUCH
   24  TERM IS DEFINED IN SECTION EIGHTEEN OF THE PUBLIC OFFICERS LAW) PURSUANT
   25  TO  SUBDIVISION  TWO  OF  SUCH  SECTION; PROVIDED, HOWEVER, THAT NOTHING
   26  CONTAINED WITHIN THIS SECTION SHALL BE DEEMED TO PERMIT THE AUTHORITY TO
   27  EXTEND THE PROVISIONS OF SECTION EIGHTEEN OF  THE  PUBLIC  OFFICERS  LAW
   28  UPON ANY INDEPENDENT CONTRACTOR.
   29    2.  NEITHER THE MEMBERS OF THE AUTHORITY, NOR THE COUNTY, THE TOWN, OR
   30  ANY MUNICIPALITY, OFFICER OR EMPLOYEE ACTING ON THE AUTHORITY'S  BEHALF,
   31  WHILE  ACTING  WITHIN  THE  SCOPE OF HIS, HER OR ITS AUTHORITY, SHALL BE
   32  SUBJECT TO ANY PERSONAL LIABILITY RESULTING FROM THE CONSTRUCTION, MAIN-
   33  TENANCE OR OPERATION OF ANY OF THE PROPERTIES OF THE AUTHORITY  OR  FROM
   34  CARRYING  OUT ANY OF THE POWERS EXPRESSLY GIVEN IN THIS TITLE; PROVIDED,
   35  HOWEVER, THAT THIS SHALL  NOT  BE  HELD  TO  APPLY  TO  ANY  INDEPENDENT
   36  CONTRACTOR.
   37    S  2681-P.  ACTION BY OR AGAINST THE AUTHORITY. 1. EXCEPT IN AN ACTION
   38  FOR WRONGFUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE  PROSECUTED
   39  OR  MAINTAINED AGAINST THE AUTHORITY, ITS MEMBERS, OFFICERS OR EMPLOYEES
   40  FOR PERSONAL INJURY OR DAMAGE TO REAL OR PERSONAL  PROPERTY  ALLEGED  TO
   41  HAVE BEEN SUSTAINED BY REASON OF THE NEGLIGENCE, TORT OR WRONGFUL ACT OF
   42  THE  AUTHORITY  OR  OF  ANY  MEMBER, OFFICER, AGENT OR EMPLOYEE THEREOF,
   43  UNLESS (A) NOTICE OF CLAIM SHALL HAVE BEEN  MADE  AND  SERVED  UPON  THE
   44  AUTHORITY  WITHIN  THE  TIME LIMIT SET BY AND IN COMPLIANCE WITH SECTION
   45  FIFTY-E OF THE GENERAL MUNICIPAL LAW, (B) IT SHALL APPEAR BY AND  AS  AN
   46  ALLEGATION  IN  THE COMPLAINT OR MOVING PAPERS THAT AT LEAST THIRTY DAYS
   47  HAVE ELAPSED SINCE THE SERVICE OF SUCH NOTICE  AND  THAT  ADJUSTMENT  OR
   48  PAYMENT  THEREOF  HAS  BEEN  NEGLECTED OR REFUSED, AND (C) THE ACTION OR
   49  SPECIAL PROCEEDING SHALL BE COMMENCED WITHIN ONE YEAR  AND  NINETY  DAYS
   50  AFTER  THE  HAPPENING  OF  THE  EVENT  UPON WHICH THE CLAIM IS BASED. AN
   51  ACTION AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL  BE  COMMENCED  IN
   52  ACCORDANCE  WITH  THE  NOTICE OF CLAIM AND TIME LIMITATION PROVISIONS OF
   53  TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
   54    2. WHENEVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY,  IT  SHALL
   55  HAVE  THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
   56  OCCURRENCE AND EXTENT OF THE INJURIES OR  DAMAGES  FOR  WHICH  CLAIM  IS
       S. 3501--A                         11
    1  MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
    2  AL MUNICIPAL LAW.
    3    3.  THE  AUTHORITY  SHALL HAVE POWER TO SETTLE OR ADJUST ALL CLAIMS IN
    4  FAVOR OF OR AGAINST THE AUTHORITY.
    5    4. ANY ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR  THE  PEOPLE  OF
    6  THE STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDI-
    7  TY  OF  THIS  TITLE,  SHALL  BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF
    8  ACTION OR CASES, EXCEPT ELECTION CAUSES  OF  ACTION  OR  CASES,  IN  ALL
    9  COURTS  OF  THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO
   10  ALL OTHER CIVIL BUSINESS PENDING THEREIN EXCEPT ELECTION  CAUSES,  IRRE-
   11  SPECTIVE  OF  POSITION  ON  THE  CALENDAR.  THE SAME PREFERENCE SHALL BE
   12  GRANTED UPON APPLICATION OF THE AUTHORITY OR ITS COUNSEL IN  ANY  ACTION
   13  OR  PROCEEDING  QUESTIONING  THE  VALIDITY  OF  THIS  TITLE IN WHICH THE
   14  AUTHORITY MAY BE ALLOWED TO INTERVENE. THE VENUE OF ANY SUCH  ACTION  OR
   15  PROCEEDING  SHALL BE LAID IN THE SUPREME COURT OF ANY OF THE PARTICIPAT-
   16  ING COUNTIES.
   17    5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY  JUDGMENT
   18  FOR  WHICH  IT  IS  LIABLE, SHALL BE THE RATE PRESCRIBED BY SECTION FIVE
   19  THOUSAND FOUR OF THE CIVIL PRACTICE LAW AND RULES.
   20    S 2681-Q. TRACK, BRIDGE, SIGNAL, STATION AND OTHER FACILITY  OPERATION
   21  AND  MAINTENANCE.  THE OPERATION, MAINTENANCE AND USE OF TRACK, BRIDGES,
   22  SIGNALS, FREIGHT STATIONS, PASSENGER STATIONS AND OTHER FACILITIES SHALL
   23  BE PUBLIC PURPOSES OF THE AUTHORITY, THE COUNTY AND THE TOWN. THE  TOTAL
   24  COST  TO  THE AUTHORITY OF OPERATION, MAINTENANCE AND USE OF EACH TRACK,
   25  BRIDGE, SIGNAL, FREIGHT STATION, PASSENGER STATION  AND  OTHER  FACILITY
   26  WITHIN  WARREN  COUNTY  OR THE COUNTY OF SARATOGA AND SERVICED BY ONE OR
   27  MORE RAILROAD FACILITIES OF THE AUTHORITY OR CORPORATIONS, INCLUDING THE
   28  BUILDINGS, APPURTENANCES, PLATFORMS, LANDS AND APPROACHES INCIDENTAL  OR
   29  ADJACENT  THERETO,  SHALL BE BORNE BY THE AUTHORITY.  PROVIDED, THAT, NO
   30  PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE AUTHORITY FROM
   31  DELEGATING OR ASSIGNING THE DUTIES ASSIGNED TO THE AUTHORITY PURSUANT TO
   32  THIS SECTION AND THE COSTS THEREOF TO A THIRD PARTY OPERATOR  OR  COMMON
   33  CARRIER  WHICH  IS  LICENSED, CLEARED OR OTHERWISE AUTHORIZED TO USE THE
   34  TRACK, BRIDGE, SIGNAL, STATION AND/OR OTHER FACILITY OPERATED AND  MAIN-
   35  TAINED PURSUANT TO THIS SECTION.
   36    S  2681-R. STATE, COUNTY, TOWN AND MUNICIPALITIES NOT LIABLE FOR OBLI-
   37  GATIONS OF THE AUTHORITY. 1. NEITHER THE STATE, THE  COUNTY,  THE  TOWN,
   38  NOR  ANY MUNICIPALITY OR PUBLIC CORPORATION SHALL BE LIABLE ON ANY BOND,
   39  NOTE OR OTHER OBLIGATION OF THE AUTHORITY,  AND  SUCH  BONDS,  NOTES  OR
   40  OTHER OBLIGATIONS SHALL NOT BE DEBTS OF THE STATE, THE COUNTY, THE TOWN,
   41  NOR  ANY  MUNICIPALITY  OR  PUBLIC CORPORATION, AND SUCH BONDS, NOTES OR
   42  OTHER OBLIGATIONS SHALL CONTAIN A STATEMENT TO SUCH EFFECT.
   43    2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO OBLIGATE THE  STATE  IN
   44  ANY WAY IN CONNECTION WITH THE OPERATIONS AND OBLIGATIONS OF THE AUTHOR-
   45  ITY.
   46    S 2681-S. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS
   47  OF  THIS  TITLE  ARE  INCONSISTENT WITH THE PROVISIONS OF ANY OTHER ACT,
   48  GENERAL OR SPECIAL, OR OF A COUNTY CHARTER, ANY LOCAL LAW, ORDINANCE  OR
   49  RESOLUTION  OF  A  MUNICIPALITY,  THE  PROVISIONS OF THIS TITLE SHALL BE
   50  CONTROLLING. NOTHING CONTAINED IN THIS SECTION SHALL BE HELD TO  SUPPLE-
   51  MENT OR OTHERWISE EXPAND THE POWERS OR DUTIES OF THE AUTHORITY OTHERWISE
   52  SET FORTH IN THIS TITLE.
   53    S 2. The second undesignated paragraph of paragraph (d) of subdivision
   54  4 of section 14-k of the transportation law, as amended by chapter 75 of
   55  the laws of 2000, is amended to read as follows:
       S. 3501--A                         12
    1    The  commissioner  shall  request the project sponsors to furnish such
    2  information in writing as may be necessary. For  the  purposes  of  this
    3  section, the Chautauqua, Cattaraugus, Allegany and Steuben southern tier
    4  extension  railroad  authority  shall  be an authorized project sponsor.
    5  FURTHERMORE,  FOR  THE  PURPOSES OF THIS SECTION, THE CORINTH AND WARREN
    6  RAILROAD AUTHORITY SHALL BE AN AUTHORIZED PROJECT SPONSOR.
    7    S 3. Severability. If any clause, sentence, paragraph, section or part
    8  of this act shall be adjudged by any court of competent jurisdiction  to
    9  be  invalid  and  after  exhaustion  of all further judicial review, the
   10  judgment shall not affect, impair or invalidate the  remainder  thereof,
   11  but  shall  be  confined in its operation to the clause, sentence, para-
   12  graph, section or part of this act directly involved in the  controversy
   13  in which the judgment shall have been rendered.
   14    S 4. This act shall take effect immediately.