senate Bill S2344

Creates the Albany county renewable energy authority

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / Jan / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 08 / Jan / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Creates the Albany county renewable energy authority.

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Bill Details

Versions:
S2344
Legislative Cycle:
2013-2014
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Add Art 5 Title 10-E ยงยง1233 - 1255, Pub Auth L
Versions Introduced in 2011-2012 Legislative Cycle:
S4606

Sponsor Memo

BILL NUMBER:S2344

TITLE OF BILL: An act to amend the public authorities law, in
relation to creating the Albany county renewable energy authority

PURPOSE: Allows Albany County to establish a renewable energy power
authority, which will have the authority to construct and acquire
electric generating facilities, purchase power to resell to citizens
of Albany County or to use for the purpose of encouraging business and
economic development in Albany County.

SUMMARY OF PROVISIONS:

Section one amends the public authorities law by adding a new title
10-E.

Section 2 provides that this act shall take effect immediately.

JUSTIFICATION: This legislation would allow the county of Albany to
explore the possibilities of providing economical and efficient
electric service to the people of Albany County and a source of
electric power, especially renewable resources, which it could offer
to employers at a discounted cost, the the purposes of encouraging
business and economic development in Albany County.

LEGISLATIVE HISTORY: 2011/2012 - S.4606/A.7116 Remained in the Senate
and Assembly Committees on Corporations, Authorities, and Commissions
Chapter 870 of the laws of 1939 established an Albany Light, Heat and
Power Authority which sunset on July 1, 1963.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2344

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT to amend the public authorities law, in relation to creating the
  Albany county renewable energy authority

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Article  5  of  the  public authorities law is amended by
adding a new title 10-E to read as follows:
                               TITLE 10-E
                ALBANY COUNTY RENEWABLE ENERGY AUTHORITY
SECTION 1233. SHORT TITLE.
        1234. DEFINITIONS.
        1235. ALBANY COUNTY RENEWABLE ENERGY DISTRICT.
        1236. ALBANY COUNTY RENEWABLE ENERGY AUTHORITY.
        1237. POWERS OF THE AUTHORITY.
        1238. POWER TO FURNISH SERVICE WITHIN DISTRICT.
        1239. SALE OF SURPLUS.
        1240. BONDS AND NOTES OF THE AUTHORITY.
        1241. REMEDIES OF BONDHOLDERS.
        1242. STATE AND COUNTY NOT LIABLE ON BONDS AND NOTES.
        1243. AGREEMENTS OF THE STATE.
        1244. BONDS LEGAL INVESTMENTS FOR FIDUCIARIES.
        1245. EXEMPTION FROM TAXES.
        1246. TAX CONTRACT BY THE STATE.
        1247. PAYMENTS BY MUNICIPALITIES.
        1248. DUTY OF AUTHORITY TO MAINTAIN AND OPERATE.
        1249. TRANSFER OF OFFICERS AND EMPLOYEES.
        1250. OFFICERS AND EMPLOYEES NOT  TO  BE  INTERESTED  IN  TRANS-
                ACTIONS.
        1251. CONTRACTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01961-01-3

S. 2344                             2

        1252. AUDIT.
        1253. ACTIONS AGAINST AUTHORITY.
        1254. SEPARABILITY CLAUSE.
        1255. INCONSISTENT PROVISIONS IN OTHER ACTS SUPERSEDED.
  S  1233.  SHORT  TITLE.  THIS TITLE MAY BE CITED AS THE "ALBANY COUNTY
RENEWABLE ENERGY AUTHORITY ACT".
  S 1234. DEFINITIONS. AS USED OR REFERRED TO IN THIS  TITLE,  UNLESS  A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
  1.  THE TERM "AUTHORITY" SHALL MEAN THE ALBANY COUNTY RENEWABLE ENERGY
AUTHORITY CREATED BY SECTION TWELVE HUNDRED THIRTY-SIX OF THIS TITLE.
  2. THE TERM "BONDS" SHALL MEAN BONDS,  NOTES  OR  OTHER  EVIDENCES  OF
INDEBTEDNESS ISSUED BY THE AUTHORITY PURSUANT TO THIS TITLE.
  3. THE TERM "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE.
  4.  THE  TERM  "CIVIL SERVICE COMMISSION" SHALL MEAN THE CIVIL SERVICE
COMMISSION OF THE COUNTY OF ALBANY.
  5. THE TERM "COUNTY" SHALL MEAN THE COUNTY OF ALBANY.
  6. THE TERM "DISTRICT" SHALL MEAN THE ALBANY COUNTY  RENEWABLE  ENERGY
DISTRICT CREATED BY SECTION TWELVE HUNDRED THIRTY-FIVE OF THIS TITLE.
  7.  THE TERM "COUNTY LEGISLATURE" SHALL MEAN THE COUNTY LEGISLATURE OF
THE COUNTY OF ALBANY.
  8. THE TERM "COUNTY EXECUTIVE" SHALL MEAN THE COUNTY EXECUTIVE OF  THE
COUNTY OF ALBANY.
  9.  THE  TERM "PROPERTIES" SHALL MEAN THE POWER DISTRIBUTION SYSTEM OR
SYSTEMS OF THE AUTHORITY, WHETHER SITUATED WITHIN OR WITHOUT THE  TERRI-
TORIAL  LIMITS  OF  THE  DISTRICT,  INCLUDING THE PRODUCTION FACILITIES,
PLANTS, WORKS,  STRUCTURES,  POLES,  LINES,  CONDUITS,  MAINS,  SYSTEMS,
INSTRUMENTALITIES  OR  PART  THEREOF  AND  APPURTENANCES THERETO, LANDS,
EASEMENTS, RIGHTS IN LAND  AND  WATER  RIGHTS,  RIGHTS-OF-WAY,  CONTRACT
RIGHTS, FRANCHISES, TRANSMISSION FACILITIES AND DISTRIBUTION FACILITIES,
OR  ANY OTHER PROPERTY INCIDENTAL TO AND INCLUDED IN SUCH SYSTEM OR PART
THEREOF, AND ANY IMPROVEMENTS, EXTENSIONS OR BETTERMENTS.
  10. THE TERM "MUNICIPALITIES"  SHALL  MEAN  ANY  COUNTY,  CITY,  TOWN,
VILLAGE,  SCHOOL  DISTRICT,  AND  ANY OTHER POLITICAL SUBDIVISION OF THE
STATE.
  11. THE TERM "RENEWABLE ENERGY" SHALL MEAN ENERGY GENERATED BY  SOLAR,
WIND, HYDRO, GEOTHERMAL OR TIDAL.
  12.  THE  TERM  "REVENUES" SHALL MEAN ALL RATES, RENTS, FEES, CHARGES,
PAYMENTS AND OTHER INCOME AND RECEIPTS DERIVED FROM THE OPERATION OF THE
PROPERTIES OF THE AUTHORITY INCLUDING, BUT NOT  LIMITED  TO,  INVESTMENT
PROCEEDS  AND  PROCEEDS  OF  INSURANCE, CONDEMNATION, AND SALES OR OTHER
DISPOSITION OF ASSETS, TOGETHER WITH ALL  FEDERAL,  STATE  OR  MUNICIPAL
AID.
  13. THE TERM "STATE" SHALL MEAN THE STATE OF NEW YORK.
  S  1235.  ALBANY  COUNTY  RENEWABLE ENERGY DISTRICT.   THERE IS HEREBY
DEFINED AND ESTABLISHED AN AREA TO BE KNOWN AS THE "ALBANY COUNTY RENEW-
ABLE ENERGY DISTRICT," WHICH SHALL EMBRACE  ALL  THE  TERRITORY  LOCATED
WITHIN THE COUNTY.
  S  1236.  ALBANY COUNTY RENEWABLE ENERGY AUTHORITY. 1. THERE IS HEREBY
CREATED AND ESTABLISHED A PUBLIC CORPORATION, TO BE KNOWN AS THE "ALBANY
COUNTY RENEWABLE ENERGY AUTHORITY".   THE  AUTHORITY  SHALL  BE  A  BODY
CORPORATE  AND  POLITIC  CONSTITUTING  A PUBLIC BENEFIT CORPORATION, THE
OBJECTS OF WHICH IN THE JUDGMENT OF THE LEGISLATURE CANNOT  BE  ATTAINED
UNDER GENERAL LAWS.
  2.  THE AUTHORITY SHALL HAVE THE POWER TO ACQUIRE SUCH REAL ESTATE AND
OTHER PROPERTY AS MAY BE NECESSARY FOR ITS CORPORATE  PURPOSES,  TO  SUE
AND BE SUED, TO INCUR DEBTS, LIABILITIES AND OBLIGATIONS, TO ISSUE BONDS

S. 2344                             3

AND OTHER EVIDENCES OF INDEBTEDNESS, TO HAVE A SEAL, AND TO EXERCISE ALL
POWERS AUTHORIZED BY THIS TITLE AND REASONABLY NECESSARY FOR ACCOMPLISH-
ING  ITS  PURPOSES,  OR  PROPERLY  INCIDENTAL  THERETO,  SUBJECT  TO THE
PROVISIONS  HEREIN  CONTAINED  AND  TO  THE CONSTITUTION AND LAWS OF THE
UNITED STATES AND OF THE STATE.
  3. THE AUTHORITY AND ITS EXISTENCE SHALL  CONTINUE  FOR  A  PERIOD  OF
TWELVE  YEARS AND THEREAFTER UNTIL ALL ITS LIABILITIES HAVE BEEN MET AND
ITS BONDS HAVE BEEN PAID IN FULL OR  SUCH  LIABILITIES  AND  BONDS  HAVE
OTHERWISE BEEN DISCHARGED AND THEREUPON ALL RIGHTS AND PROPERTIES OF THE
AUTHORITY THEN REMAINING SHALL PASS TO AND BE VESTED IN THE COUNTY.
  4. THE AUTHORITY SHALL CONSIST OF FIVE MEMBERS, TO BE RESIDENTS OF THE
COUNTY  AND  BE  APPOINTED  BY  THE COUNTY EXECUTIVE WITH THE ADVICE AND
CONSENT OF THE COUNTY LEGISLATURE.  THE TERM OF OFFICE OF A MEMBER SHALL
BE FIVE YEARS, BUT IN THE FIRST INSTANCE SUCH MEMBERS SHALL BE APPOINTED
TO HOLD OFFICE, ONE FOR ONE YEAR, ONE  FOR  TWO  YEARS,  ONE  FOR  THREE
YEARS, ONE FOR FOUR YEARS AND ONE FOR FIVE YEARS, THE TERM OF EACH TO BE
FIXED  BY  THE  RESOLUTION MAKING THE APPOINTMENT. UPON RESIGNATION OF A
MEMBER, OR A VACANCY OCCURRING IN ANY OTHER MANNER, IT SHALL  BE  FILLED
BY  APPOINTMENT FOR THE UNEXPIRED TERM. IN OTHER RESPECTS, ALL VACANCIES
SHALL BE FILLED IN THE MANNER CORRESPONDING TO THE ORIGINAL APPOINTMENT.
  5. THE MEMBERS OF THE AUTHORITY MAY APPOINT AN EXECUTIVE COMMITTEE  OF
NOT LESS THAN THREE MEMBERS AND MAY DELEGATE FULL POWERS TO SUCH COMMIT-
TEE.  THEY  MAY  APPOINT  SUCH  OTHER  COMMITTEES OF NOT LESS THAN THREE
MEMBERS EACH WITH SUCH POWERS AS THEY MAY PROVIDE. THEY MAY ELECT ONE OF
THE MEMBERS AS A CHAIRPERSON AND MAY ELECT OR APPOINT OTHER OFFICERS AND
DETERMINE THEIR POWERS. THEY MAY BY A VOTE  OF  A  MAJORITY  OF  MEMBERS
ADOPT  BY-LAWS AND PROVIDE FOR THEIR ANNUAL AND REGULAR MEETINGS AND FOR
THE CALLING OF SPECIAL MEETINGS. THE TREASURER OF THE  COUNTY  SHALL  BE
EX-OFFICIO TREASURER OF THE AUTHORITY.  EACH MEMBER BEFORE ENTERING UPON
THE  DUTIES  OF  HIS OR HER OFFICE SHALL TAKE THE CONSTITUTIONAL OATH OF
OFFICE, WHICH SHALL BE FILED IN THE OFFICE OF THE  SECRETARY  OF  STATE.
THREE  MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS
AND THE CONCURRENCE OF THREE MEMBERS AT A MEETING SHALL BE NECESSARY  TO
THE  VALIDITY  OF ANY RESOLUTION, ORDER OR DETERMINATION. ANY MEMBER MAY
BE REMOVED BY THE COUNTY EXECUTIVE FOR INEFFICIENCY, NEGLECT OF DUTY  OR
MISCONDUCT IN OFFICE, AFTER A HEARING UPON CHARGES AND AN OPPORTUNITY TO
BE  HEARD  IN  PERSON OR BY COUNSEL UPON NOT LESS THAN TEN DAYS' NOTICE.
THE MEMBERS SHALL SERVE WITHOUT COMPENSATION.
  6. NO PUBLIC OFFICER OR EMPLOYEE SHALL BE INELIGIBLE  FOR  APPOINTMENT
AS  A  MEMBER  OR  OFFICER  OF  THE  AUTHORITY AND ANY PUBLIC OFFICER OR
EMPLOYEE MAY ACCEPT SUCH APPOINTMENT AND SERVE AS A  MEMBER  OR  OFFICER
WITHOUT  FORFEITURE  OF  ANY  OTHER  PUBLIC OFFICE OR POSITION OF PUBLIC
EMPLOYMENT BY REASON THEREOF. ANY ONE OR MORE MEMBERS OR OFFICERS OF THE
AUTHORITY MAY BE AN OFFICER OR EMPLOYEE OF THE COUNTY. IN THE EVENT THAT
AN OFFICER OR EMPLOYEE OF THE COUNTY SHALL BE APPOINTED AS A  MEMBER  OR
OFFICER  OF  THE  AUTHORITY, ACCEPTANCE OR RETENTION OF SUCH APPOINTMENT
SHALL NOT BE DEEMED A FORFEITURE OF HIS OR HER COUNTY OFFICE OR  EMPLOY-
MENT,  OR  INCOMPATIBLE THEREWITH OR AFFECT HIS OR HER TENURE OR COMPEN-
SATION IN ANY WAY.
  7. IT IS HEREBY DETERMINED AND DECLARED THAT  THE  AUTHORITY  AND  THE
CARRYING  OUT OF ITS POWERS, PURPOSES AND DUTIES ARE IN ALL RESPECTS FOR
THE BENEFIT OF THE PEOPLE OF THE COUNTY AND THE STATE OF NEW  YORK,  AND
THAT  SAID  PURPOSES  ARE  PUBLIC PURPOSES AND THAT THE AUTHORITY IS AND
WILL BE PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE EXERCISE OF
THE POWERS CONFERRED UPON IT BY THIS TITLE.

S. 2344                             4

  8. NEITHER THE PUBLIC  SERVICE  COMMISSION  NOR  ANY  OTHER  BOARD  OR
COMMISSION OF LIKE CHARACTER, SHALL HAVE JURISDICTION OVER THE AUTHORITY
IN  THE  MANAGEMENT  AND  CONTROL OF ITS PROPERTIES OR OPERATIONS OR ANY
POWER OVER THE REGULATION OF RATES FIXED OR  CHARGES  COLLECTED  BY  THE
AUTHORITY EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION.
  (A)  THE  AUTHORITY'S  RATES,  SERVICES  AND PRACTICES WITH RESPECT TO
POWER AND ENERGY PURCHASED FROM THE POWER AUTHORITY OF THE STATE OF  NEW
YORK  SHALL BE SUBJECT TO REGULATION BY SUCH POWER AUTHORITY PURSUANT TO
THE PROVISIONS OF THE POWER AUTHORITY ACT AND ANY CONTRACT  BETWEEN  THE
TWO AUTHORITIES.
  (B)  THE  AUTHORITY'S  RATES,  SERVICES  AND PRACTICES WITH RESPECT TO
POWER AND ENERGY THAT IS EITHER (I) GENERATED OR PRODUCED BY A  FACILITY
OWNED,  OPERATED  OR  MANAGED BY THE AUTHORITY, OR (II) PURCHASED BY THE
AUTHORITY FROM SOURCES OTHER THAN THE POWER AUTHORITY OF  THE  STATE  OF
NEW  YORK  SHALL BE SUBJECT TO REGULATIONS OF THE PUBLIC SERVICE COMMIS-
SION UNDER THE PROVISIONS OF THE PUBLIC SERVICE LAW.
  S 1237. POWERS OF THE AUTHORITY. THE POWER  CONFERRED  BY  THIS  TITLE
SHALL BE EXERCISED BY THE MEMBERS OF THE AUTHORITY, SUBJECT TO THE TERMS
OF  THIS  TITLE.  IN  THE  EXERCISE  OF THOSE POWERS, EITHER DIRECTLY OR
THROUGH ITS OFFICERS AND EMPLOYEES, THE MEMBERS  MAY  DO  THE  FOLLOWING
THINGS,  AMONG  OTHERS,  AND  THE  FOLLOWING LIST OF POWERS SHALL NOT BE
DEEMED COMPLETE OR EXCLUSIVE, OR TO DENY THE EXISTENCE OF OTHER  POWERS,
WHETHER  SIMILAR  OR DIFFERENT, SO LONG AS THEY ARE REASONABLY NECESSARY
FOR ACCOMPLISHING THE PURPOSES DECLARED AND INDICATED IN THIS TITLE:
  1.  TO  DETERMINE  THE  LOCATION,  TYPE,  SIZE,  CONSTRUCTION,  LEASE,
PURCHASE,  OWNERSHIP,  ACQUISITION, USE AND OPERATION OF ANY GENERATION,
TRANSMISSION OR DISTRIBUTION FACILITIES OR OTHER STRUCTURES  OR  PROPER-
TIES, WITHIN OR WITHOUT THE TERRITORIAL LIMITS OF THE DISTRICT;
  2.  TO  ACQUIRE ON BEHALF AND IN THE NAME OF THE AUTHORITY, WHETHER BY
AGREEMENT WITH AND PURCHASE FROM THE OWNER  OR  OWNERS,  OR  WITHIN  THE
DISTRICT  BY  EMINENT  DOMAIN, OR BY LEASE, THE WHOLE OR ANY PART OF ANY
EXISTING FACILITIES OR OF ANY OTHER PROPERTY WHICH IT IS  AUTHORIZED  TO
ACQUIRE  UNDER THIS TITLE; PROVIDED, HOWEVER, THAT THE AUTHORITY MAY NOT
ACQUIRE REAL PROPERTY OF A MUNICIPALITY OR A  POLITICAL  SUBDIVISION  OF
THE  STATE  UNLESS  SUCH  MUNICIPALITY  OR  POLITICAL  SUBDIVISION SHALL
CONSENT THERETO; AND IN CONNECTION WITH THE PURCHASE OF SUCH  PROPERTIES
THE AUTHORITY MAY ASSUME ANY OBLIGATIONS OF THE OWNER OF SUCH PROPERTIES
AND,  TO  THE  EXTENT  REQUIRED  BY THE TERMS OF ANY INDENTURES OR OTHER
INSTRUMENTS UNDER WHICH SUCH OBLIGATIONS WERE ISSUED, THE AUTHORITY  MAY
ASSUME AND AGREE TO PERFORM COVENANTS AND OBSERVE RESTRICTIONS CONTAINED
IN  SUCH INSTRUMENTS; AND FURTHERMORE THE OWNER OF ANY PROPERTIES, WHICH
THE AUTHORITY IS AUTHORIZED TO ACQUIRE, IS HEREBY AUTHORIZED TO SELL  OR
OTHERWISE  TRANSFER  THE  SAME  TO THE AUTHORITY. IN THE EXERCISE OF THE
POWER OF EMINENT DOMAIN, AS HEREIN PROVIDED, THE PROPERTY BEING ACQUIRED
SHALL BE DEEMED, WHEN SO DETERMINED BY THE AUTHORITY, TO BE FOR A PUBLIC
USE;
  3. TO  DEVELOP,  ACQUIRE,  CONSTRUCT,  RECONSTRUCT,  REHABILITATE  AND
IMPROVE  FACILITIES  FOR THE PRODUCTION, TRANSMISSION OR DISTRIBUTION OF
LIGHT, HEAT, POWER OR ANY CONNECTED SERVICE;
  4. TO MAINTAIN, OPERATE AND MANAGE, AND CONTRACT FOR THE  MAINTENANCE,
OPERATION AND MANAGEMENT OF PROPERTIES OF THE AUTHORITY;
  5.  TO APPLY TO THE APPROPRIATE AGENCIES AND OFFICIALS OF THE FEDERAL,
STATE AND LOCAL GOVERNMENTS FOR SUCH LICENSES, PERMITS OR APPROVALS  FOR
ITS  PLANS  AND PROJECTS AS IT MAY DEEM NECESSARY OR ADVISABLE, AND UPON
SUCH TERMS AND CONDITIONS AS IT MAY DEEM APPROPRIATE TO ACCEPT,  IN  ITS

S. 2344                             5

DISCRETION, SUCH LICENSES, PERMITS OR APPROVALS AS MAY BE TENDERED TO IT
BY SUCH AGENCIES AND OFFICIALS;
  6.  TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
THE AUTHORITY SHALL BE NECESSARY FOR  THE  PURPOSE  OF  MAKING  SURVEYS,
SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOMPLISH ANY PURPOSE AUTHORIZED
BY THIS TITLE, THE AUTHORITY BEING LIABLE ONLY FOR ACTUAL DAMAGES DONE;
  7.  SUBJECT  TO ITS AGREEMENT WITH THE COUNTY, TO GENERATE, SUPPLY AND
SELL LIGHT, HEAT  AND  POWER  AND  ANY  CONNECTED  SERVICES  WITHIN  THE
DISTRICT,  TO  FIX  RATES AND CHARGES FOR THE FURNISHING OR RENDITION OF
LIGHT, HEAT OR POWER OR OF ANY CONNECTED SERVICE, AND TO COLLECT THROUGH
BILLS THEREFOR THE REVENUES DERIVED THEREFROM, SO AS TO PROVIDE REVENUES
TO THE AUTHORITY SUFFICIENT AT ALL TIMES  TO  PAY,  AS  THE  SAME  SHALL
BECOME  DUE, THE PRINCIPAL OF AND INTEREST ON THE BONDS OF THE AUTHORITY
TOGETHER WITH THE MAINTENANCE OF PROPER RESERVES THEREFOR,  IN  ADDITION
TO  PAYING  AS  THE  SAME  SHALL BECOME DUE THE EXPENSE OF OPERATING AND
MAINTAINING  THE  PROPERTIES  OF  THE  AUTHORITY  TOGETHER  WITH  PROPER
RESERVES  FOR  MAINTENANCE,  CONTINGENCIES AND ALL OTHER OBLIGATIONS AND
INDEBTEDNESS OF THE AUTHORITY;
  8. TO ADOPT, REVISE AND AMEND BYLAWS FOR THE MANAGEMENT OF ITS AFFAIRS
AND, SUBJECT TO AGREEMENTS WITH  BONDHOLDERS,  RULES  FOR  THE  SALE  OF
LIGHT,  HEAT OR POWER OR OF ANY CONNECTED SERVICE, AND THE COLLECTION OF
RATES AND CHARGES THEREFOR. A COPY OF SUCH RULES  AND  BYLAWS,  AND  ALL
AMENDMENTS  THERETO,  DULY  CERTIFIED BY THE SECRETARY OF THE AUTHORITY,
SHALL BE FILED IN THE OFFICE OF THE COUNTY CLERK;
  9. TO ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER AUTHORITIES,  MUNI-
CIPALITIES,  UTILITY  COMPANIES,  INDIVIDUALS,  FIRMS,  COOPERATIVES  OR
CORPORATIONS FOR THE INTERCONNECTION OF FACILITIES AND THE  EXCHANGE  OR
INTERCHANGE  OF SERVICES AND COMMODITIES, UPON SUCH TERMS AND CONDITIONS
AS SHALL BE DETERMINED TO BE REASONABLE;
  10. TO EXECUTE CONTRACTS,  BORROW  MONEY,  ISSUE  BONDS  AND  SELL  OR
DISPOSE OF THE SAME IN SUCH AMOUNTS AND AT SUCH RATES OF INTEREST AS MAY
BE ADVISABLE;
  11.  TO APPOINT AND REMOVE A SECRETARY AND SUCH CLERICAL, ENGINEERING,
LEGAL AND OTHER PROFESSIONAL ASSISTANTS AS IT MAY DEEM NECESSARY FOR THE
PURPOSES OF THIS TITLE AND TO FIX THEIR  COMPENSATION,  SUBJECT  TO  THE
PROVISIONS OF THE CIVIL SERVICE LAW;
  12.  TO  APPOINT  AND REMOVE ALL EMPLOYEES, TO TRANSFER EMPLOYEES FROM
THEIR POSITIONS TO OTHER POSITIONS AND TO CONSOLIDATE  OR  ABOLISH  SUCH
POSITIONS, SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW;
  13.  TO  MAKE  ANY  PLANS,  STUDIES OR INVESTIGATION WHICH IT MAY DEEM
NECESSARY, CONVENIENT OR DESIRABLE TO ENABLE IT EFFECTUALLY TO CARRY OUT
THE PROVISIONS OF THIS TITLE;
  14. WITHIN NINETY DAYS OF THE FIRST SALE OF LIGHT, HEAT  OR  POWER  OR
ANY CONNECTED SERVICE, TO PROMULGATE REGULATIONS GRANTING TO RESIDENTIAL
CUSTOMERS, THE PROTECTIONS AFFORDED BY ARTICLE TWO OF THE PUBLIC SERVICE
LAW AND SECTION ONE HUNDRED THIRTY-ONE-S OF THE SOCIAL SERVICES LAW; AND
  15.  TO DO WHATEVER MAY BE NECESSARY TO GIVE EFFECT TO THE PURPOSES OF
THIS TITLE, AND IN GENERAL TO HAVE AND EXERCISE ALL OTHER POWERS  NECES-
SARY OR INCIDENTAL TO THE PURPOSES OF THIS TITLE.
  S  1238. POWER TO FURNISH SERVICE WITHIN DISTRICT. THE AUTHORITY SHALL
HAVE POWER TO CONSTRUCT OR ACQUIRE, AND TO EQUIP, OWN AND OPERATE, WITH-
IN OR WITHOUT THE TERRITORIAL LIMITS OF THE DISTRICT, ANY PROPERTIES AND
ANY AND ALL OTHER REAL AND PERSONAL PROPERTY, USED,  CONNECTED  WITH  OR
APPERTAINING  TO THE GENERATION, FURNISHING AND TRANSMISSION OF ELECTRIC
CURRENT FOR LIGHT, HEAT AND POWER, FOR THE PURPOSE  OF  FURNISHING  SUCH
SERVICE  TO THE DISTRICT AND TO ANY CORPORATE OR NATURAL PERSONS IN SUCH

S. 2344                             6

DISTRICT AND ALSO, FOR SUCH PURPOSE, TO PURCHASE ELECTRICAL ENERGY  FROM
THE  POWER AUTHORITY OF THE STATE OF NEW YORK, OR FROM ANY STATE AGENCY,
OR FROM ANY MUNICIPALITY OR COOPERATIVE, OR FROM ANY PRIVATE  OR  PUBLIC
CORPORATION.
  S  1239.  SALE  OF  SURPLUS.  WHENEVER ANY ELECTRICAL ENERGY WHICH THE
AUTHORITY MAY GENERATE OR ACQUIRE CREATES A SURPLUS OVER THE  AMOUNT  OF
LIGHT,  HEAT  AND  POWER, IN ANY OF SUCH SERVICES, REQUIRED BY THE RESI-
DENTS OF THE DISTRICT TO WHICH SUCH SERVICE IS CONTRACTED, THE AUTHORITY
MAY SELL SUCH SURPLUS IN TERRITORY OUTSIDE THE DISTRICT  TO  PERSONS  OR
PUBLIC  OR  PRIVATE  CORPORATIONS. IN ACQUIRING ANY FACILITY OR PROPERTY
WHICH ALSO SERVES ANY MUNICIPALITY OR TERRITORY  OUTSIDE  THE  DISTRICT,
THE AUTHORITY, IF IT DEEMS IT ADVANTAGEOUS AND ECONOMICAL SO TO DO, MAY,
WITH THE CONSENT OF THE MEMBERS OF THE AUTHORITY, SERVE ANY SUCH MUNICI-
PALITY OR TERRITORY OR SELL HEAT, POWER OR ELECTRICAL ENERGY TO PERSONS,
PUBLIC  OR  PRIVATE  CORPORATIONS  IN  SUCH TERRITORY OR TO SUCH MUNICI-
PALITY.
  S 1240. BONDS AND NOTES OF THE AUTHORITY. 1. THE AUTHORITY SHALL  HAVE
THE  POWER  AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE BONDS IN
CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR
ANY  OF  ITS  CORPORATE  PURPOSES,  INCLUDING  INCIDENTAL  EXPENSES   IN
CONNECTION  THEREWITH,  AND  TO  SECURE  THE  PAYMENT OF THE SAME BY THE
PLEDGE OF THE REVENUES OF THE AUTHORITY OR BY LIEN ON  THE  PROPERTY  OF
THE AUTHORITY. THE AUTHORITY SHALL HAVE POWER FROM TIME TO TIME WHENEVER
IT DEEMS REFUNDING EXPEDIENT, TO REFUND ANY BONDS BY THE ISSUANCE OF NEW
BONDS,  WHETHER  THE  BONDS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND
MAY ISSUE BONDS PARTLY TO REFUND BONDS THEN OUTSTANDING AND  PARTLY  FOR
ANY  OF  ITS  CORPORATE  PURPOSES.  BONDS ISSUED BY THE AUTHORITY MAY BE
GENERAL OBLIGATIONS SECURED BY THE FAITH AND CREDIT OF THE AUTHORITY  OR
MAY  BE  SPECIAL OBLIGATIONS PAYABLE OUT OF PARTICULAR REVENUES OR OTHER
MONEYS OF THE AUTHORITY AS MAY BE DESIGNATED IN THE PROCEEDINGS  OF  THE
AUTHORITY  UNDER  WHICH  THE  BONDS  SHALL  BE  AUTHORIZED TO BE ISSUED,
SUBJECT ONLY TO ANY AGREEMENTS WITH THE  HOLDERS  OF  OUTSTANDING  BONDS
PLEDGING ANY PARTICULAR MONEYS, EARNINGS OR REVENUES.
  2. THE AUTHORITY IS AUTHORIZED TO OBTAIN FROM ANY DEPARTMENT OR AGENCY
OF  THE  UNITED  STATES  OF  AMERICA OR THE STATE OR ANY NONGOVERNMENTAL
INSURER OR FINANCIAL INSTITUTION ANY INSURANCE, GUARANTY OR OTHER CREDIT
SUPPORT DEVICE, TO THE EXTENT NOW OR HEREAFTER AVAILABLE, AS TO, OR  FOR
THE  PAYMENT OR REPAYMENT OF INTEREST OR PRINCIPAL, OR BOTH, OR ANY PART
THEREOF, ON ANY BONDS ISSUED BY THE AUTHORITY  AND  TO  ENTER  INTO  ANY
AGREEMENT  OR  CONTRACT  WITH RESPECT TO ANY SUCH INSURANCE OR GUARANTY,
EXCEPT TO THE EXTENT THAT THE SAME WOULD IN ANY WAY IMPAIR OR  INTERFERE
WITH  THE  ABILITY  OF THE AUTHORITY TO PERFORM AND FULFILL THE TERMS OF
ANY AGREEMENT MADE WITH THE HOLDERS OF OUTSTANDING BONDS OF THE AUTHORI-
TY.
  3. THE BONDS SHALL BE AUTHORIZED BY RESOLUTION OF  THE  AUTHORITY  AND
SHALL BEAR SUCH DATE OR DATES, MATURE AT SUCH TIME OR TIMES, EXCEPT THAT
BONDS  AND  ANY  RENEWAL  THEREOF SHALL MATURE WITHIN FORTY YEARS OF THE
DATE OF THEIR ORIGINAL ISSUANCE AND NOTES AND ANY RENEWAL THEREOF  SHALL
MATURE  WITHIN  FIVE  YEARS OF THE DATE OF THEIR ORIGINAL ISSUANCE, BEAR
INTEREST AT SUCH RATE OR RATES PER ANNUM PAYABLE AT SUCH  TIMES,  BE  IN
SUCH DENOMINATIONS, BE IN SUCH FORM, CARRY SUCH REGISTRATION PRIVILEGES,
BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT AT SUCH
PLACE  OR  PLACES  AND  BE SUBJECT TO SUCH TERMS AND CONDITIONS, AS SUCH
RESOLUTION OR RESOLUTIONS MAY PROVIDE. SUCH BONDS OF THE  AUTHORITY  MAY
BE  SOLD  AT  PUBLIC  OR  PRIVATE  SALE  FOR SUCH PRICE OR PRICES AS THE
AUTHORITY SHALL DETERMINE, PROVIDED THAT NO ISSUE OF BONDS MAY  BE  SOLD

S. 2344                             7

AT  PRIVATE  SALE UNLESS THE TERMS OF SUCH SALE SHALL HAVE BEEN APPROVED
IN WRITING BY (A) THE COMPTROLLER, WHERE SUCH SALE IS NOT TO SUCH  COMP-
TROLLER,  OR  (B) THE DIRECTOR OF THE BUDGET, WHERE SUCH SALE IS TO SUCH
COMPTROLLER.  THE  FOREGOING  PROVISIONS  SHALL  BE  APPLICABLE TO BONDS
ISSUED BY THE AUTHORITY NOTWITHSTANDING  THE  PROVISIONS  OF  ANY  OTHER
GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY.
  4.  ANY  RESOLUTION  OR  RESOLUTIONS  OF THE AUTHORITY AUTHORIZING ANY
BONDS OR ANY ISSUE OF BONDS MAY CONTAIN PROVISIONS, WHICH MAY BE A  PART
OF THE CONTRACT WITH THE HOLDERS OF THE BONDS THEREBY AUTHORIZED, AS TO:
  (A) PLEDGING ALL OR ANY PART OF THE REVENUES OF THE AUTHORITY, TOGETH-
ER  WITH  ANY  OTHER  MONEYS,  SECURITIES,  CONTRACTS OR PROPERTY OF THE
AUTHORITY TO SECURE THE PAYMENT OF THE BONDS OR  OF  ANY  ISSUE  OF  THE
BONDS, SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY THEN EXIST;
  (B)  THE  RATES,  RENTALS,  FEES  AND  OTHER  CHARGES  TO BE FIXED AND
COLLECTED AND THE AMOUNTS TO BE RAISED IN EACH YEAR THEREBY, AND THE USE
AND DISPOSITION OF THE EARNINGS AND OTHER REVENUES;
  (C) THE SETTING ASIDE OF RESERVES AND THE CREATION  OF  SINKING  FUNDS
AND THE REGULATION AND DISPOSITION THEREOF;
  (D) LIMITATIONS ON THE RIGHT OF THE AUTHORITY TO RESTRICT AND REGULATE
THE  USE  OF  THE  PROPERTIES  IN  CONNECTION  WITH WHICH SUCH BONDS ARE
ISSUED;
  (E) LIMITATIONS IN THE PURPOSES TO WHICH THE PROCEEDS OF SALE  OF  ANY
ISSUE  OF  BONDS MAY BE APPLIED AND PLEDGING SUCH PROCEEDS TO SECURE THE
PAYMENT OF THE BONDS OR ANY ISSUE OF THE BONDS;
  (F) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS,  THE  TERMS  UPON
WHICH  ADDITIONAL  BONDS  MAY BE ISSUED AND SECURED AND THE REFUNDING OF
OUTSTANDING OR OTHER BONDS;
  (G) THE PROCEDURE, IF ANY, BY WHICH THE TERMS  OF  ANY  CONTRACT  WITH
BONDHOLDERS  MAY  BE  AMENDED  OR ABROGATED, INCLUDING THE PROPORTION OF
BONDHOLDERS WHICH MUST CONSENT THERETO AND  THE  MANNER  IN  WHICH  SUCH
CONSENT MAY BE GIVEN;
  (H)  THE  CREATION  OF  SPECIAL FUNDS INTO WHICH ANY REVENUES OR OTHER
MONEYS OF THE AUTHORITY MAY BE DEPOSITED;
  (I) THE TERMS AND PROVISIONS OF ANY MORTGAGE OR TRUST DEED  OR  INDEN-
TURE SECURING THE BONDS OR UNDER WHICH BONDS MAY BE ISSUED;
  (J)  VESTING  IN A TRUSTEE OR TRUSTEES SUCH PROPERTIES, RIGHTS, POWERS
AND DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE,  WHICH  MAY  INCLUDE
ANY  OR ALL OF THE RIGHTS, POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY
THE BONDHOLDERS PURSUANT TO SECTION TWELVE  HUNDRED  FORTY-ONE  OF  THIS
TITLE,  AND  LIMITING  OR  ABROGATING  THE  RIGHT  OF THE BONDHOLDERS TO
APPOINT A TRUSTEE UNDER SUCH SECTION OR LIMITING THE RIGHTS, DUTIES  AND
POWERS OF SUCH TRUSTEE;
  (K)  DEFINING  THE  ACTS  OR  OMISSIONS  TO ACT WHICH MAY CONSTITUTE A
DEFAULT IN THE OBLIGATIONS AND DUTIES OF THE AUTHORITY TO THE  BONDHOLD-
ERS  AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE BONDHOLDERS IN THE
EVENT OF SUCH DEFAULT, INCLUDING AS A MATTER OF RIGHT THE APPOINTMENT OF
A RECEIVER, PROVIDED, HOWEVER, THAT SUCH RIGHTS AND REMEDIES  SHALL  NOT
BE  INCONSISTENT WITH THE GENERAL LAWS OF THE STATE AND OTHER PROVISIONS
OF THIS TITLE;
  (L) LIMITATIONS ON THE POWER OF THE AUTHORITY  TO  SELL  OR  OTHERWISE
DISPOSE OF ITS PROPERTIES OR ANY PART THEREOF;
  (M) LIMITATIONS ON THE AMOUNT OF MONEYS OR REVENUES TO BE EXPENDED FOR
OPERATING, ADMINISTRATIVE OR OTHER EXPENSES OF THE AUTHORITY;
  (N) THE PAYMENT OF THE PROCEEDS OF BONDS, REVENUES AND OTHER MONEYS TO
A TRUSTEE OR OTHER DEPOSITARY, AND FOR THE METHOD OF DISBURSEMENT THERE-

S. 2344                             8

OF WITH SUCH SAFEGUARDS AND RESTRICTIONS AS THE AUTHORITY MAY DETERMINE;
AND
  (O)  ANY  OTHER  MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH MAY IN
ANY WAY AFFECT THE SECURITY OR PROTECTION OF THE BONDS OR THE RIGHTS AND
REMEDIES OF BONDHOLDERS.
  5. IN ADDITION TO THE POWERS HEREIN CONFERRED UPON  THE  AUTHORITY  TO
SECURE  ITS BONDS, THE AUTHORITY SHALL HAVE POWER IN CONNECTION WITH THE
ISSUANCE OF BONDS TO ENTER INTO SUCH AGREEMENTS  AS  THE  AUTHORITY  MAY
DEEM  NECESSARY,  CONVENIENT OR DESIRABLE CONCERNING THE USE OR DISPOSI-
TION OF ITS REVENUES OR OTHER MONEYS OR PROPERTY, INCLUDING THE MORTGAG-
ING OF ANY OF ITS PROPERTIES AND THE ENTRUSTING, PLEDGING OR CREATION OF
ANY OTHER SECURITY INTEREST IN ANY SUCH REVENUES, MONEYS  OR  PROPERTIES
AND THE DOING OF ANY ACT, INCLUDING REFRAINING FROM DOING ANY ACT, WHICH
THE  AUTHORITY  WOULD HAVE THE RIGHT TO DO IN THE ABSENCE OF SUCH AGREE-
MENTS. THE AUTHORITY SHALL HAVE POWER TO ENTER INTO  AMENDMENTS  OF  ANY
SUCH AGREEMENTS WITHIN THE POWERS GRANTED TO THE AUTHORITY BY THIS TITLE
AND  TO  PERFORM  SUCH AGREEMENTS. THE PROVISIONS OF ANY SUCH AGREEMENTS
MAY BE MADE A PART OF THE CONTRACT WITH THE  HOLDERS  OF  BONDS  OF  THE
AUTHORITY.
  6.  ANY  PROVISION  OF  THE  UNIFORM  COMMERCIAL  CODE TO THE CONTRARY
NOTWITHSTANDING, ANY PLEDGE OF OR OTHER SECURITY INTEREST  IN  REVENUES,
MONEYS, 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  IS  MADE  OR  OTHER  SECURITY
INTEREST  ATTACHES  WITHOUT  ANY  PHYSICAL DELIVERY OF THE COLLATERAL OR
FURTHER ACT, AND THE LIEN OF ANY SUCH PLEDGE OR OTHER SECURITY  INTEREST
SHALL  BE VALID, BINDING AND PERFECTED AGAINST ALL PARTIES HAVING CLAIMS
OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE  AUTHORITY  IRRE-
SPECTIVE OF WHETHER OR NOT SUCH PARTIES HAVE NOTICE THEREOF. NEITHER THE
RESOLUTION  NOR  ANY  OTHER  INSTRUMENT BY WHICH SUCH PLEDGE OR SECURITY
INTEREST IS CREATED NOR ANY FINANCING STATEMENT RELATING THERETO NEED BE
RECORDED OR FILED.
  7. WHETHER OR NOT THE BONDS OF THE AUTHORITY  ARE  OF  SUCH  FORM  AND
CHARACTER AS TO BE NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM
COMMERCIAL CODE, THE BONDS ARE HEREBY MADE NEGOTIABLE INSTRUMENTS WITHIN
THE  MEANING  OF  AND  FOR  ALL PURPOSES OF THE UNIFORM COMMERCIAL CODE,
SUBJECT ONLY TO THE PROVISIONS OF THE BONDS FOR REGISTRATION.
  8. NEITHER THE MEMBERS NOR OFFICERS OF THE AUTHORITY, NOR  ANY  PERSON
EXECUTING  THE  BONDS  SHALL  BE  LIABLE  PERSONALLY  ON THE BONDS OR BE
SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY  BY  REASON  OF  THE
ISSUANCE THEREOF.
  9.  THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS THEN
MAY EXIST, SHALL HAVE POWER OUT  OF  ANY  FUNDS  AVAILABLE  THEREFOR  TO
PURCHASE BONDS OF THE AUTHORITY, WHICH SHALL THEREUPON BE CANCELLED.
  10.  THE  AUTHORITY SHALL HAVE POWER AND IS HEREBY AUTHORIZED TO ISSUE
NEGOTIABLE  BOND  ANTICIPATION  NOTES  IN  CONFORMITY  WITH   APPLICABLE
PROVISIONS  OF  THE  UNIFORM COMMERCIAL CODE AND MAY RENEW THE SAME FROM
TIME TO TIME BUT THE  MAXIMUM  MATURITY  OF  ANY  SUCH  NOTE,  INCLUDING
RENEWALS  THEREOF, SHALL NOT EXCEED FIVE YEARS FROM THE DATE OF ISSUE OF
SUCH ORIGINAL NOTE. SUCH NOTES SHALL BE PAID  FROM  ANY  MONEYS  OF  THE
AUTHORITY  AVAILABLE  THEREFOR  AND  NOT  OTHERWISE  PLEDGED OR FROM THE
PROCEEDS OF SALE OF THE BONDS OF THE AUTHORITY IN ANTICIPATION OF  WHICH
THEY  WERE  ISSUED.  THE NOTES SHALL BE ISSUED IN THE SAME MANNER AS THE
BONDS AND SUCH NOTES AND THE RESOLUTION OR RESOLUTIONS  AUTHORIZING  THE
SAME  MAY  CONTAIN  ANY  PROVISIONS, CONDITIONS OR LIMITATIONS WHICH THE
BONDS OR A BOND RESOLUTION OF THE AUTHORITY MAY CONTAIN. SUCH NOTES  MAY

S. 2344                             9

BE  SOLD  AT  PUBLIC  OR  PRIVATE  SALE  FOR SUCH PRICE OR PRICES AS THE
AUTHORITY SHALL DETERMINE, PROVIDED THAT NO ISSUE OF NOTES MAY  BE  SOLD
AT  PRIVATE  SALE UNLESS THE TERMS OF SUCH SALE SHALL HAVE BEEN APPROVED
IN  WRITING BY (A) THE COMPTROLLER, WHERE SUCH SALE IS NOT TO SUCH COMP-
TROLLER, OR (B) THE DIRECTOR OF THE BUDGET, WHERE SUCH SALE IS  TO  SUCH
COMPTROLLER.
  S  1241.  REMEDIES  OF BONDHOLDERS. 1. IN THE EVENT THAT THE AUTHORITY
SHALL DEFAULT IN THE PAYMENT OF PRINCIPAL OF OR INTEREST ON ANY ISSUE OF
THE BONDS AFTER THE SAME SHALL BECOME DUE, WHETHER AT MATURITY  OR  UPON
CALL  FOR  REDEMPTION,  AND  SUCH DEFAULT SHALL CONTINUE FOR A PERIOD OF
THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY SHALL FAIL OR REFUSE  TO
COMPLY WITH THE PROVISIONS OF THIS TITLE, OR SHALL DEFAULT IN ANY AGREE-
MENT  MADE  WITH  THE  HOLDERS OF ANY ISSUE OF THE BONDS, THE HOLDERS OF
TWENTY-FIVE PER CENTUM IN AGGREGATE PRINCIPAL AMOUNT  OF  THE  BONDS  OF
SUCH  ISSUE  THEN OUTSTANDING, BY INSTRUMENT OR INSTRUMENTS FILED IN THE
OFFICE OF THE CLERK OF THE COUNTY OF ALBANY AND PROVED  OR  ACKNOWLEDGED
IN  THE  SAME  MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE TO
REPRESENT THE HOLDERS OF SUCH BONDS FOR THE PURPOSES HEREIN PROVIDED.
  2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF  TWEN-
TY-FIVE  PER  CENTUM  IN PRINCIPAL AMOUNT OF SUCH BONDS THEN OUTSTANDING
SHALL, IN HIS, HER OR ITS OWN NAME:
  (A) BY ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRACTICE  LAW
AND RULES, ENFORCE ALL RIGHTS OF THE BONDHOLDERS AND REQUIRE THE AUTHOR-
ITY  TO  CARRY  OUT ANY AGREEMENTS WITH THE HOLDERS OF SUCH BONDS AND TO
PERFORM ITS DUTIES UNDER THIS TITLE;
  (B) BRING AN ACTION OR PROCEEDING UPON SUCH BONDS;
  (C) BY ACTION OR PROCEEDING, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT
WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS;
  (D) BY ACTION OR PROCEEDING IN EQUITY, ENJOIN ANY ACTS OR THINGS WHICH
MAY BE UNLAWFUL OR IN VIOLATION OF THE RIGHTS OF  THE  HOLDERS  OF  SUCH
BONDS;
  (E)  DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS SHALL
BE MADE GOOD THEN WITH THE CONSENT OF THE  HOLDERS  OF  TWENTY-FIVE  PER
CENTUM  OF  THE  PRINCIPAL  AMOUNT OF SUCH BONDS THEN OUTSTANDING, ANNUL
SUCH DECLARATION AND ITS CONSEQUENCES.
  3. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY ACTION OR PROCEED-
ING BY THE TRUSTEE ON BEHALF OF  BONDHOLDERS.  THE  VENUE  OF  ANY  SUCH
ACTION OR PROCEEDING SHALL BE LAID IN THE COUNTY.
  4.  BEFORE DECLARING THE PRINCIPAL OF BONDS DUE AND PAYABLE, THE TRUS-
TEE SHALL FIRST GIVE THIRTY DAYS' NOTICE IN WRITING TO THE AUTHORITY.
  5. ANY SUCH TRUSTEE WHETHER OR NOT THE ISSUE OF BONDS  REPRESENTED  BY
SUCH  TRUSTEE HAS BEEN DECLARED DUE AND PAYABLE, SHALL BE ENTITLED AS OF
RIGHT TO THE APPOINTMENT OF A RECEIVER OF ANY PART OR PARTS OF THE PROP-
ERTIES THE REVENUES OF WHICH ARE PLEDGED FOR THE SECURITY OF  THE  BONDS
OF  SUCH  ISSUE  AND SUCH RECEIVER MAY ENTER AND TAKE POSSESSION OF SUCH
PART OR PARTS OF THE PROPERTIES AND SUBJECT TO ANY PLEDGE  OR  AGREEMENT
WITH  BONDHOLDERS  SHALL  TAKE  POSSESSION OF SUCH PART OR PARTS OF SUCH
PROPERTIES AND PROCEED WITH ANY CONSTRUCTION THEREON OR THE  ACQUISITION
OF  ANY  PROPERTY,  REAL  OR  PERSONAL IN CONNECTION THEREWITH WHICH THE
AUTHORITY IS UNDER OBLIGATION TO DO, AND TO OPERATE, MAINTAIN AND RECON-
STRUCT SUCH PART OR PARTS OF THE PROPERTIES AND COLLECT AND RECEIVE  ALL
REVENUES  THEREAFTER  ARISING THEREFROM SUBJECT TO ANY PLEDGE THEREOF OR
AGREEMENT WITH BONDHOLDERS  RELATING  THERETO  AND  PERFORM  THE  PUBLIC
DUTIES  AND  CARRY  OUT  THE AGREEMENTS AND OBLIGATIONS OF THE AUTHORITY
UNDER THE DIRECTION OF THE COURT. IN ANY SUIT, ACTION OR  PROCEEDING  BY
THE  TRUSTEE  THE  FEES, COUNSEL FEES AND EXPENSES OF THE TRUSTEE AND OF

S. 2344                            10

THE RECEIVER, IF ANY, SHALL CONSTITUTE  TAXABLE  DISBURSEMENTS  AND  ALL
COSTS  AND DISBURSEMENTS ALLOWED BY THE COURT SHALL BE A FIRST CHARGE ON
ANY REVENUES DERIVED FROM THE PROPERTIES.
  6.  SUCH  TRUSTEES SHALL IN ADDITION TO THE FOREGOING HAVE AND POSSESS
ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
TIONS SPECIFICALLY SET FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESEN-
TATION OF BONDHOLDERS IN THE ENFORCEMENT AND PROTECTION OF THEIR RIGHTS.
  S 1242. STATE AND COUNTY NOT LIABLE ON BONDS AND NOTES. THE BONDS  AND
OTHER  OBLIGATIONS  OF THE AUTHORITY SHALL NOT BE A DEBT OF THE STATE OR
OF THE COUNTY AND, SUBJECT TO SECTION TWELVE HUNDRED FORTY-SEVEN OF THIS
TITLE, THE COUNTY LEGISLATURE SHALL HAVE NO POWER TO MAKE  THEM  PAYABLE
OUT OF ANY FUNDS EXCEPT THOSE OF THE AUTHORITY.
  S  1243.  AGREEMENTS  OF THE STATE. THE STATE DOES PLEDGE TO AND AGREE
WITH THE HOLDERS OF ANY BONDS ISSUED BY THE AUTHORITY PURSUANT  TO  THIS
TITLE THAT THE STATE WILL NOT LIMIT OR ALTER THE RIGHTS HEREBY VESTED IN
THE  AUTHORITY  TO  ESTABLISH AND COLLECT THE REVENUES AND OTHER CHARGES
REFERRED TO IN THIS TITLE AND TO FULFILL THE  TERMS  OF  ANY  AGREEMENTS
MADE  WITH OR FOR THE BENEFIT OF THE HOLDERS OF THE BONDS, OR IN ANY WAY
IMPAIR THE RIGHTS AND REMEDIES OF  THE  BONDHOLDERS,  UNTIL  THE  BONDS,
TOGETHER WITH INTEREST THEREON, WITH INTEREST ON ANY UNPAID INSTALLMENTS
OF INTEREST, AND ALL COSTS AND EXPENSES IN CONNECTION WITH ANY ACTION OR
PROCEEDING  BY  OR  ON  BEHALF  OF  THE  BONDHOLDERS,  ARE FULLY MET AND
DISCHARGED.
  S 1244. BONDS LEGAL INVESTMENTS FOR FIDUCIARIES. THE BONDS ARE  HEREBY
MADE  SECURITIES  IN  WHICH ALL PUBLIC OFFICERS AND BODIES OF THIS STATE
AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS, ALL INSURANCE  COMPA-
NIES  AND  ASSOCIATIONS AND OTHER PERSONS CARRYING ON AN INSURANCE BUSI-
NESS, ALL BANKS, BANKERS, TRUST COMPANIES,  SAVINGS  BANKS  AND  SAVINGS
ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSOCIATIONS, BUILDING AND LOAN
ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER PERSONS CARRYING ON A BANK-
ING  BUSINESS,  AND  ADMINISTRATORS,  GUARDIANS, EXECUTORS, TRUSTEES AND
OTHER FIDUCIARIES AND ALL OTHER PERSONS WHATSOEVER, WHO ARE NOW  OR  MAY
HEREAFTER  BE  AUTHORIZED TO INVEST IN BONDS OR OTHER OBLIGATIONS OF THE
STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS INCLUDING CAPITAL IN  THEIR
CONTROL  OR BELONGING TO THEM. THE BONDS ARE ALSO HEREBY MADE SECURITIES
WHICH MAY BE DEPOSITED WITH AND MAY BE RECEIVED BY ALL  PUBLIC  OFFICERS
AND  BODIES  OF THIS STATE AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVI-
SIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT  OF  BONDS  OR  OTHER  OBLI-
GATIONS OF THIS STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
  S  1245.  EXEMPTION  FROM  TAXES.  1. IT IS HEREBY DETERMINED THAT THE
CREATION OF THE AUTHORITY AND THE CARRYING OUT OF ITS CORPORATE PURPOSES
IS IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE COUNTY  AND  ITS
ENVIRONS,  AND  IS A PUBLIC PURPOSE, AND THE AUTHORITY SHALL BE REGARDED
AS PERFORMING A GOVERNMENTAL FUNCTION IN  THE  EXERCISE  OF  THE  POWERS
CONFERRED  UPON  IT  BY  THIS TITLE AND SHALL NOT BE REQUIRED TO PAY ANY
TAXES, SPECIAL AD VALOREM LEVIES OR SPECIAL ASSESSMENTS UPON ANY OF  THE
PROPERTIES ACQUIRED BY IT OR UNDER ITS JURISDICTION OR CONTROL OR SUPER-
VISION  OR UPON ITS ACTIVITIES OR ANY FILING, RECORDING OR TRANSFER FEES
OR TAXES IN RELATION TO INSTRUMENTS FILED, RECORDED OR TRANSFERRED BY IT
OR ON ITS BEHALF.
  2. ANY BONDS ISSUED PURSUANT TO THIS TITLE, TOGETHER WITH  THE  INCOME
THEREFROM,  SHALL BE EXEMPT FROM TAXATION EXCEPT FOR ESTATE AND TRANSFER
TAXES. THE REVENUES, MONEYS AND ALL OTHER PROPERTIES  OF  THE  AUTHORITY
SHALL BE EXEMPT FROM ALL TAXES AND GOVERNMENTAL FEES OR CHARGES, WHETHER
IMPOSED  BY  THE STATE OR ANY MUNICIPALITY, INCLUDING WITHOUT LIMITATION
REAL ESTATE TAXES, FRANCHISE TAXES, SALES TAXES OR OTHER EXCISE TAXES.

S. 2344                            11

  S 1246. TAX CONTRACT BY  THE  STATE.  THE  STATE  COVENANTS  WITH  THE
PURCHASERS  AND  WITH ALL SUBSEQUENT HOLDERS AND TRANSFEREES OF BONDS OR
NOTES ISSUED BY THE AUTHORITY PURSUANT TO THIS TITLE,  IN  CONSIDERATION
OF  THE  ACCEPTANCE  OF  AND PAYMENT FOR THE BONDS THAT THE BONDS OF THE
AUTHORITY  ISSUED  PURSUANT TO THIS TITLE AND THE INCOME THEREFROM SHALL
BE EXEMPT FROM SUCH TAXATION, PURSUANT TO  SUBDIVISION  TWO  OF  SECTION
TWELVE  HUNDRED FORTY-FIVE OF THIS TITLE, AND THAT ALL MONEYS, FUNDS AND
REVENUES PLEDGED TO PAY OR SECURE THE PAYMENT OF SUCH BONDS SHALL AT ALL
TIMES BE FREE FROM SUCH TAXATION PURSUANT TO SUCH SUBDIVISION.
  S 1247. PAYMENTS BY MUNICIPALITIES. THE  COUNTY  LEGISLATURE  AND  THE
GOVERNING  BODY OF ANY MUNICIPALITY IN WHICH SURPLUS OF THE AUTHORITY IS
SOLD PURSUANT TO SECTION TWELVE HUNDRED THIRTY-NINE OF  THIS  TITLE  ARE
AUTHORIZED  TO  MAKE  PAYMENTS  TO THE AUTHORITY FOR ITS SUPPORT.  IT IS
HEREBY DETERMINED THAT SUCH PAYMENTS ARE FOR A PUBLIC  PURPOSE  FOR  THE
BENEFIT OF THE PEOPLE OF SUCH COUNTY AND SUCH MUNICIPALITIES.
  S  1248.  DUTY  OF  AUTHORITY TO MAINTAIN AND OPERATE. IT SHALL BE THE
DUTY OF THE AUTHORITY, SUBJECT TO ANY LIMITATION ON THE AMOUNT OF REVEN-
UES TO BE EXPENDED FOR SUCH PURPOSE, TO MAINTAIN AND OPERATE  AND  WHERE
NECESSARY TO RECONSTRUCT ITS PROPERTIES.
  S  1249.  TRANSFER  OF  OFFICERS  AND EMPLOYEES. ANY PUBLIC OFFICER OR
EMPLOYEE UNDER CIVIL SERVICE, SELECTED BY THE AUTHORITY  MAY,  WITH  THE
CONSENT  OF  THE  COMMISSION, BOARD OR DEPARTMENT BY WHICH HE OR SHE HAS
BEEN EMPLOYED, BE TRANSFERRED TO THE AUTHORITY AND SHALL BE ELIGIBLE FOR
SUCH TRANSFER AND APPOINTMENT WITHOUT EXAMINATION TO COMPARABLE OFFICES,
POSITIONS AND EMPLOYMENT UNDER THE AUTHORITY. THE SALARY OR COMPENSATION
OF ANY SUCH OFFICER OR EMPLOYEE SHALL AFTER SUCH TRANSFER BE PAID BY THE
AUTHORITY. BUT NOTWITHSTANDING THE PROVISIONS OF THIS  TITLE,  ANY  SUCH
OFFICERS  OR  EMPLOYEES SO TRANSFERRED TO THE AUTHORITY, PURSUANT TO THE
PROVISIONS OF THIS SECTION, WHO ARE MEMBERS OF  OR  BENEFICIARIES  UNDER
ANY  EXISTING  PENSION  OR RETIREMENT SYSTEM, SHALL CONTINUE TO HAVE ALL
RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS WITH RESPECT  TO  SUCH  FUND,
SYSTEM OR SYSTEMS AS ARE NOW PRESCRIBED BY LAW, BUT DURING THE PERIOD OF
THEIR  EMPLOYMENT  BY THE AUTHORITY, ALL CONTRIBUTIONS TO ANY PENSION OR
RETIREMENT FUND OR SYSTEM TO BE PAID BY THE EMPLOYER ON ACCOUNT OF  SUCH
OFFICERS  OR  EMPLOYEES,  SHALL  BE  PAID BY THE AUTHORITY; AND ALL SUCH
OFFICERS AND EMPLOYEES WHO HAVE BEEN APPOINTED TO  POSITIONS  UNDER  THE
RULES AND CLASSIFICATIONS OF THE CIVIL SERVICE COMMISSION SHALL HAVE THE
SAME STATUS WITH RESPECT THERETO AFTER TRANSFER TO THE AUTHORITY AS THEY
HAD UNDER THEIR ORIGINAL APPOINTMENTS. IT IS HEREBY DECLARED THAT IN THE
INTEREST  OF EFFICIENCY AND INSOFAR AS MAY BE PRACTICABLE, ALL EMPLOYEES
ENGAGED IN THE OPERATION OF ANY PROPERTY OR  PROPERTIES,  EXCEPT  IN  AN
EXECUTIVE  CAPACITY,  AT THE TIME SUCH PROPERTY OR PROPERTIES SHALL HAVE
BEEN ACQUIRED BY THE AUTHORITY,  PURSUANT  TO  THE  PROVISIONS  OF  THIS
TITLE, SHALL BECOME THE EMPLOYEES OF THE AUTHORITY.  THE APPOINTMENT AND
PROMOTION  OF ALL EMPLOYEES OF THE AUTHORITY SHALL BE MADE IN ACCORDANCE
WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUCH RULES AS THE CIVIL
SERVICE COMMISSION MAY ADOPT AND MAKE APPLICABLE TO SUCH AUTHORITY.
  S 1250. OFFICERS AND EMPLOYEES NOT TO BE INTERESTED  IN  TRANSACTIONS.
IT  SHALL  BE  A MISDEMEANOR FOR ANY OF THE MEMBERS OF THE AUTHORITY, OR
ANY OFFICER, AGENT, SERVANT OR EMPLOYEE THEREOF, EMPLOYED  OR  APPOINTED
BY  THEM TO BE IN ANY WAY OR MANNER INTERESTED DIRECTLY OR INDIRECTLY IN
THE FURNISHING OF WORK, MATERIALS, SUPPLIES OR LABOR, OR IN ANY CONTRACT
THEREFOR WHICH THE AUTHORITY IS EMPOWERED BY THIS TITLE TO MAKE.
  S 1251. CONTRACTS. ALL CONTRACTS, OR ORDERS,  FOR  WORK,  MATERIAL  OR
SUPPLIES  PERFORMED  OR FURNISHED IN CONNECTION WITH CONSTRUCTION OR ANY
PROCUREMENT SHALL BE AWARDED BY THE AUTHORITY  PURSUANT  TO  RESOLUTION.

S. 2344                            12

SUCH CONTRACTS, OR ORDERS, FOR WORK, MATERIAL OR SUPPLIES NEEDED FOR ANY
PARTICULAR PURPOSE INVOLVING AN EXPENDITURE FOR MORE THAN FIFTY THOUSAND
DOLLARS  SHALL  BE  AWARDED ONLY AFTER INVITING SEALED BIDS OR PROPOSALS
THEREFOR.  THE  NOTICE  INVITING  SEALED PROPOSALS SHALL BE PUBLISHED AT
LEAST ONCE IN A NEWSPAPER OR TRADE PAPER SELECTED BY THE  AUTHORITY  FOR
SUCH  PURPOSE,  SUCH PUBLICATION TO BE AT LEAST TEN DAYS BEFORE THE DATE
FOR THE RECEIPT OF BIDS. IF THE AUTHORITY SHALL  NOT  DEEM  IT  FOR  THE
INTEREST  OF  THE  AUTHORITY  TO  REJECT  ALL  BIDS,  IT SHALL AWARD THE
CONTRACT TO THE LOWEST RESPONSIBLE  BIDDER.  THE  BIDDER  WHOSE  BID  IS
ACCEPTED  SHALL  GIVE  SECURITY  FOR  THE  FAITHFUL  PERFORMANCE  OF THE
CONTRACT, AND SUCH OTHER SECURITY AS THE AUTHORITY MAY REQUIRE, AND  MAY
BE  REQUIRED  TO  MAINTAIN  FOR  SUCH  PERIOD AS SHALL BE STIPULATED ANY
CONSTRUCTION DONE UNDER THE CONTRACT, ALL IN THE MANNER  PRESCRIBED  AND
REQUIRED  BY  THE AUTHORITY; AND THE SUFFICIENCY OF SUCH SECURITY SHALL,
IN ADDITION TO THE JUSTIFICATION AND ACKNOWLEDGMENT, BE APPROVED BY  THE
AUTHORITY. ALL BIDS OR PROPOSALS SHALL BE PUBLICLY OPENED BY THE AUTHOR-
ITY  OR  ITS  DULY  AUTHORIZED  AGENT.  IF THE BIDDER WHOSE BID HAS BEEN
ACCEPTED AFTER  ADVERTISING  SHALL  NEGLECT  OR  REFUSE  TO  ACCEPT  THE
CONTRACT  WITHIN  FIVE  DAYS AFTER WRITTEN NOTICE THAT THE SAME HAS BEEN
AWARDED TO HIM OR HER ON HIS OR HER BID OR PROPOSAL, OR, IF  HE  OR  SHE
ACCEPTS  BUT  DOES NOT EXECUTE THE CONTRACT AND GIVE PROPER SECURITY THE
AUTHORITY SHALL HAVE THE RIGHT TO DECLARE HIS OR HER DEPOSIT  FORFEITED,
AND  THEREUPON  IT SHALL BE READVERTISED AND RELET AS ABOVE PROVIDED. IN
CASE ANY WORK SHALL BE ABANDONED BY ANY CONTRACTOR, THE  AUTHORITY  MAY,
IF  THE  BEST  INTERESTS  OF  THE  AUTHORITY BE THEREBY SERVED, ADOPT ON
BEHALF OF THE AUTHORITY ANY OR ALL SUB-CONTRACTS MADE BY SUCH CONTRACTOR
FOR SUCH WORK AND ALL  SUCH  SUB-CONTRACTORS  SHALL  BE  BOUND  BY  SUCH
ADOPTION  IF MADE; AND THE AUTHORITY SHALL IN THE MANNER PROVIDED HEREIN
READVERTISE AND RELET THE WORK SPECIFIED IN THE ORIGINAL CONTRACT EXCLU-
SIVE OF SO MUCH THEREOF AS SHALL BE PROVIDED FOR IN THE SUB-CONTRACT  OR
SUB-CONTRACTS  SO  ADOPTED.    NO  BID  SHALL  BE  ACCEPTED  FROM OR ANY
CONTRACTS AWARDED TO, ANY PERSON OR CORPORATION WHO IS IN ARREARS TO THE
AUTHORITY, OR THE COUNTY UPON ANY DEBT OR CONTRACT, OR IS A DEFAULTER AS
SURETY OR OTHERWISE UPON ANY OBLIGATION OF THE AUTHORITY, OR THE COUNTY.
EVERY CONTRACT INVOLVING AN  EXPENDITURE  OF  MORE  THAN  FIVE  THOUSAND
DOLLARS  WHEN  MADE  AND  ENTERED  INTO  AS HEREIN PROVIDED FOR SHALL BE
EXECUTED IN DUPLICATE, ONE COPY OF WHICH SHALL BE HELD BY THE  AUTHORITY
AND ONE COPY OF WHICH SHALL BE DELIVERED TO THE CONTRACTOR.
  S  1252.  AUDIT. THE ACCOUNTS OF THE AUTHORITY SHALL BE SUBJECT TO THE
SUPERVISION OF THE COMPTROLLER.
  S 1253.  ACTIONS AGAINST AUTHORITY. 1. IN ANY ACTION FOUNDED UPON TORT
A NOTICE OF CLAIM SHALL BE REQUIRED AS  A  CONDITION  PRECEDENT  TO  THE
COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING AGAINST THE AUTHORITY OR
ANY OFFICER, APPOINTEE, AGENT OR EMPLOYEE THEREOF, AND THE PROVISIONS OF
SECTION  FIFTY-E OF THE GENERAL MUNICIPAL LAW SHALL GOVERN THE GIVING OF
SUCH NOTICE.
  2. EXCEPT IN AN ACTION FOR  WRONGFUL  DEATH,  AN  ACTION  AGAINST  THE
AUTHORITY  FOUNDED ON TORT SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND
NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL  HAVE  ACCRUED.  AN
ACTION  AGAINST  THE  AUTHORITY FOR WRONGFUL DEATH SHALL BE COMMENCED IN
ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME  LIMITATION  PROVISIONS  OF
TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
  S  1254.  SEPARABILITY  CLAUSE. IF ANY SECTION, CLAUSE OR PROVISION OF
THIS TITLE SHALL BE HELD BY A COMPETENT COURT TO BE UNCONSTITUTIONAL  OR
INEFFECTIVE  IN  WHOLE  OR IN PART, IN ITS TERMS OR IN ITS OPERATION, TO
THE EXTENT THAT IT IS NOT UNCONSTITUTIONAL OR INEFFECTIVE  IT  SHALL  BE

S. 2344                            13

VALID  AND  EFFECTIVE AND NO OTHER SECTION, CLAUSE OR PROVISION SHALL ON
ACCOUNT THEREOF BE DEEMED INVALID OR INEFFECTIVE.
  S  1255.  INCONSISTENT PROVISIONS IN OTHER ACTS SUPERSEDED. INSOFAR AS
THE PROVISIONS OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS OF ANY
OTHER ACT, GENERAL OR SPECIAL, THE PROVISIONS OF  THIS  TITLE  SHALL  BE
CONTROLLING.
  S 2. This act shall take effect immediately.

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