New York Public Authorities Law Section 1299-H - Co-operation and assistance of other agencies.

1299-h. Co-operation and assistance of other agencies. --1. To avoid duplication of effort and in the interests of economy, the authority may make use of existing studies, surveys, plans, data and other materials in the possession of any state agency or any municipality or political subdivision of the state. Each such agency, municipality or subdivision is hereby authorized to make the same available to the authority and otherwise to assist it in the performance of its functions. At the request of the authority, each such agency, municipality or subdivision which is engaged in highway or other transportation activities or in land use or development planning, or which is charged with the duty of providing or regulating any transportation facility or any other public facility, is further authorized to provide the authority with information regarding its plans and programs affecting the transportation district so that the authority may have available to it current information with respect thereto. The officers and personnel of such agencies, municipalities or subdivisions, and of any other government or agency whatever, may serve at the request of the authority upon such advisory committees as the authority shall determine to create and such officers and personnel may serve upon such committees without forfeiture of office or employment and with no loss or diminution in the compensation, status, rights and privileges which they otherwise enjoy.

2. Notwithstanding any contrary provision of law, every municipality in this transportation district is authorized and empowered to consent to the use by the authority of any real or personal property owned by any such municipality and necessary, convenient or desirable in the opinion of the authority for any of the facilities or projects authorized under this title, including such real property as has already been devoted to a public use, and as an incident to such consent, to lease or otherwise transfer and convey to the authority any such real or personal property upon such terms as may be determined by the authority and any such municipality. Every such municipality is also authorized and empowered, as an incident to such consent, to vest in the authority the control, possession, operation, maintenance, rents, charges and any and all other revenues of any facilities now owned by any such municipality, the title to such facilities remaining in such municipality.

3. Notwithstanding any contrary provision of law, every municipality in the transportation district may, by ordinance, local law, or resolution of its governing body, make covenants with the authority which shall inure to the benefit of the holders of any bonds or notes issued by the authority under this title and which shall be a part of the contract with the holders of such bonds or notes, as to

(a). The authorizing of the construction of any facilities which will be competitive with any facilities owned or operated by the authority or within a reasonable sphere of operation or extension of such facilities by the authority;

(b). Discontinuing of any facilities owned or operated by the municipality or any department or agency thereof;

(c). Limitations on the licensing of private facilities within the territorial limits of the municipality which may compete with the facilities owned or operated by the authority or within a reasonable sphere of operation or extension by the authority; and

(d). Transferring to the authority any powers or functions of the municipality or any department or agency thereof, or the control of any property thereof.

4. The commissioner of general services shall have power, in his discretion, from time to time to transfer and convey to the authority, or to a subsidiary corporation of the authority, and for such consideration as may be determined by him to be paid to the state, unappropriated state lands and lands under water which the authority shall certify to be necessary or desirable for the corporate purposes of the authority.


Last modified: February 3, 2019