S T A T E O F N E W Y O R K
________________________________________________________________________
3621
2009-2010 Regular Sessions
I N S E N A T E
March 25, 2009
___________
Introduced by Sen. DILAN -- (at request of the Thruway Authority) --
read twice and ordered printed, and when printed to be committed to
the Committee on Transportation
AN ACT to amend the public authorities law, in relation to the powers of
the New York state thruway authority to finance certain projects in
connection with the canal system including emergency projects
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 383 of the public authorities law,
as added by chapter 766 of the laws of 1992, is amended to read as
follows:
1. (a) The authority is hereby authorized, as an additional corporate
purpose thereof, to issue its bonds, notes and other obligations in
conformity with applicable provisions of the uniform commercial code for
purposes of financing the construction, reconstruction, development and
improvement of the New York state canal system.
(b) The authority may issue bonds, notes or other obligations pursuant
to paragraph (a) of this subdivision in an aggregate principal amount
not exceeding ONE HUNDRED sixty million dollars plus a principal amount
of bonds, notes or other obligations issued (i) to fund any related debt
service reserve fund, (ii) to provide capitalized interest for a period
not exceeding six months, except that where the proceeds of such bonds,
notes or other obligations are expended on a revenue-producing project,
such period shall be that allowable under the United States internal
revenue code of nineteen hundred eighty-six, as amended, in order to
preserve the exclusion of interest on such bonds, notes or other obli-
gations from federal income taxation, and (iii) to provide fees and
other charges and expenses, including underwriters' discounts, related
to the issuance of such bonds, notes and other obligations and the main-
tenance of such reserves, all as determined by the authority, excluding
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09486-01-9
S. 3621 2
bonds, notes and other obligations issued to refund outstanding bonds,
notes and other obligations issued pursuant to this section.
(c) The authority, in addition to the bonds, notes and other obli-
gations authorized pursuant to paragraph (b) of this subdivision, may
issue bonds, notes or other obligations pursuant to paragraph (a) of
this subdivision in an aggregate principal amount not exceeding [ten
million dollars] TWENTY MILLION DOLLARS for the purpose of funding capi-
tal construction and reconstruction projects on the New York state canal
system which are deemed by the authority as necessary due to the exist-
ence of an emergency involving danger to life, safety or property which
requires immediate action. Provided, however, that no such bonds, notes
or other obligations shall be issued pursuant to this paragraph until
the authority has exhausted its authorization pursuant to paragraph (b)
of this subdivision.
(d) In computing the total principal amount of bonds, notes and other
obligations that may at any time be issued for any purpose under this
section, the amount of the bonds, notes or other obligations that
constitutes interest under the United States internal revenue code of
nineteen hundred eighty-six, as amended, shall be excluded.
S 2. This act shall take effect immediately; provided, however, that
there shall be a cap on the use of proceeds for canal purposes with
respect to any bonds, notes or other obligations issued pursuant to
section 365 of the public authorities law after April 1, 2009.