A. 6565 2
(2) "Bonds" and "Notes". The bonds and notes, including any special
program bonds, special school purpose bonds, recovery act bonds, [and]
public safety communications bonds, AND STATEWIDE MUNICIPAL RECIPROCAL
PROGRAM BONDS respectively issued by the agency pursuant to this title.
Bonds and notes shall not include any tax lien collateralized securities
issued pursuant to this title.
(3) "Municipal Bond". A bond or note or evidence of debt payable from
any local revenues, including taxes, assessments and rents, which a
municipality may lawfully issue to finance local improvements and public
purposes, including local ARRA bonds and local public safety communi-
cations bonds, but does not include (a) any bond or note or evidence of
debt issued by any other state or any public body or municipal corpo-
ration thereof, (b) any special program agreement, [or] (c) any special
school purpose agreement or any special school deficit program
agreement, OR (D) ANY STATEWIDE MUNICIPAL RECIPROCAL PROGRAM AGREEMENT.
(5-D) "STATEWIDE MUNICIPAL RECIPROCAL PROGRAM PREMIUMS". ANY PAYMENT
OF PUBLIC MONEY MADE BY THE PUBLIC SCHOOL DISTRICT AND BOCES SUBSCRIBERS
OF THE NEW YORK SCHOOLS INSURANCE RECIPROCAL TO OR FOR THE STATEWIDE
MUNICIPAL RECIPROCAL PROGRAM AGREEMENT.
(5-E) "STATEWIDE MUNICIPAL RECIPROCAL PROGRAM AGREEMENT". AN AGREEMENT
BETWEEN THE AGENCY AND A STATEWIDE MUNICIPAL RECIPROCAL PROGRAM ENTERED
INTO PURSUANT TO SECTION TWENTY-FOUR HUNDRED THIRTY-FIVE-F OF THIS
TITLE.
(10) "Debt Service Reserve Fund Requirement". With respect to any debt
service reserve fund created by section twenty-four hundred thirty-nine
of this title relating to bonds other than special program bonds [or],
special school purpose bonds [or], special school deficit program bonds
[or], recovery act bonds [or], public safety communications bonds OR
STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS, as of any particular date
of computation, an amount of money equal to the greatest of the respec-
tive amounts, for the then current or any succeeding calendar year, of
annual debt service payments required to be made to the agency on all
municipal bonds purchased with the proceeds of bonds which bonds are
secured by such debt service reserve fund, such annual debt service
payments for any calendar year being an amount of money equal to the
aggregate of (a) all interest payable during such calendar year on all
municipal bonds purchased by the agency and then outstanding on said
date of computation which are secured by such debt service reserve fund,
plus (b) the principal amount of all municipal bonds purchased by the
agency and then outstanding on said date of computation which mature
during such calendar year and are secured by such debt service reserve
fund; and with respect to any debt service reserve fund created by
section twenty-four hundred thirty-nine of this title relating to an
issue or issues of special program bonds [or], special school purpose
bonds [or], special school deficit program bonds [or], recovery act
bonds [or], public safety communications bonds OR STATEWIDE MUNICIPAL
RECIPROCAL PROGRAM BONDS, such amount as shall be determined by the
agency.
(29) "STATEWIDE MUNICIPAL RECIPROCAL PROGRAM". FOR PURPOSES OF THIS
TITLE, A STATEWIDE MUNICIPAL RECIPROCAL PROGRAM SHALL BE THE NEW YORK
SCHOOLS INSURANCE RECIPROCAL (NYSIR).
(30) "STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS". AN ISSUE OF BONDS
OF THE AGENCY, ALL OR A PORTION OF THE PROCEEDS OF WHICH ARE MADE AVAIL-
ABLE TO A STATEWIDE MUNICIPAL RECIPROCAL PROGRAM IN CONNECTION WITH THE
EXECUTION BY THE AGENCY AND SUCH STATEWIDE MUNICIPAL RECIPROCAL PROGRAM
AGREEMENT. THE PROCEEDS OF SUCH STATEWIDE MUNICIPAL RECIPROCAL PROGRAM
A. 6565 3
BONDS SHALL ONLY BE MADE AVAILABLE TO A STATEWIDE MUNICIPAL RECIPROCAL
PROGRAM.
§ 3. Subdivisions 3, 11, 18 and 21 of section 2434 of the public
authorities law, as amended by section 68 of part H of chapter 83 of the
laws of 2002, are amended and a new subdivision 21-d is added to read as
follows:
(3) To make and execute contracts and all other instruments necessary
or convenient for the exercise of its powers and functions under this
title, including, without limitation, any special program agreement
entered into pursuant to the provisions of section twenty-four hundred
thirty-five-a of this title, any purchase and sale agreement entered
into pursuant to the provisions of section twenty-four hundred thirty-
five-b of this title [and], any special school deficit program agreement
entered into pursuant to section twenty-four hundred thirty-five-e of
this title AND ANY STATEWIDE MUNICIPAL RECIPROCAL PROGRAM ENTERED INTO
PURSUANT TO SECTION TWENTY-FOUR HUNDRED THIRTY-FIVE-F OF THIS TITLE;
(11) To make and execute contracts for the servicing of municipal
bonds acquired by the agency pursuant to this title, and for the servic-
ing of special program agreements, special school purpose agreements
[and], special school deficit program agreements AND STATEWIDE MUNICIPAL
RECIPROCAL PROGRAM AGREEMENTS, and to pay the reasonable value of
services rendered to the agency pursuant to those contracts;
(18) To establish any terms and provisions with respect to any special
program agreement, special school purpose agreement [or], special school
deficit program agreement OR STATEWIDE MUNICIPAL RECIPROCAL PROGRAM
AGREEMENT, including any terms for payment, and any other matters which
are necessary, desirable or advisable in the judgment of the agency;
(21) To pledge or assign, as security for any of its bonds or notes,
any moneys, funds, municipal bonds, special program agreements, special
school purpose agreements, [or] special school deficit program agree-
ments, OR STATEWIDE MUNICIPAL RECIPROCAL PROGRAM AGREEMENTS, assets or
revenues of the agency, including, without limitation, any state aid
[or], school aid OR STATEWIDE MUNICIPAL RECIPROCAL PROGRAM PREMIUMS
received or receivable pursuant to section twenty-four hundred thirty-
six of this title;
(21-D) TO CERTIFY TO THE COMPTROLLER, WITH A COPY TO THE SUPERINTEN-
DENT OF THE DEPARTMENT OF FINANCIAL SERVICES, THE AMOUNTS REQUIRED WITH
RESPECT TO STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS AS DESCRIBED IN
SECTION TWENTY-FOUR HUNDRED THIRTY-FIVE-F OF THIS TITLE.
§ 4. The public authorities law is amended by adding a new section
2435-f to read as follows:
§ 2435-F. STATEWIDE MUNICIPAL RECIPROCAL PROGRAM AGREEMENTS. IN ORDER
TO FULFILL THE PURPOSES OF THIS TITLE AND TO PROVIDE A MEANS BY WHICH
THE STATEWIDE MUNICIPAL RECIPROCAL PROGRAM MAY RECEIVE ASSISTANCE TO
MEET ITS OBLIGATIONS AND, NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW TO
THE CONTRARY, THE AGENCY AND THE STATEWIDE MUNICIPAL RECIPROCAL PROGRAM
ARE HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE STATEWIDE MUNICIPAL
RECIPROCAL PROGRAM AGREEMENTS IN ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE AS TO FINANCING OF COSTS BY THE AGENCY, THE APPLICATION OF STATE-
WIDE MUNICIPAL RECIPROCAL PROGRAM PREMIUMS REVENUES TO THE AGENCY TO
SECURE ITS BONDS AND FURTHER ASSURANCES IN RESPECT OF THE AGENCY'S
RECEIPT OF SUCH REVENUES. ANY SUCH STATEWIDE MUNICIPAL RECIPROCAL
PROGRAM AGREEMENTS SHALL NOT CONSTITUTE INDEBTEDNESS OF THE STATEWIDE
MUNICIPAL RECIPROCAL PROGRAM FOR PURPOSES OF SECTION 20.00 OF THE LOCAL
FINANCE LAW OR ANY CONSTITUTIONAL OR STATUTORY LIMITATION. IN ADDITION,
ANY STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS ISSUED IN CONNECTION
A. 6565 4
WITH SUCH STATEWIDE MUNICIPAL RECIPROCAL PROGRAM AGREEMENT SHALL NOT
CONSTITUTE A DEBT OF THE STATE OR OF THE APPLICABLE STATEWIDE MUNICIPAL
RECIPROCAL PROGRAM UNDER ANY CONSTITUTIONAL OR STATUTORY PROVISION. ANY
SUCH STATEWIDE MUNICIPAL RECIPROCAL PROGRAM PREMIUMS REVENUES SHALL
BELONG TO THE AGENCY, AND SHALL NOT BE, OR BE TREATED AS, REVENUES OF
THE STATEWIDE MUNICIPAL RECIPROCAL PROGRAM FOR APPROPRIATION, ACCOUNTING
OR ANY OTHER PURPOSE, PROVIDED, HOWEVER, THAT STATEWIDE MUNICIPAL RECIP-
ROCAL PROGRAM PREMIUMS REVENUES SHALL BE DEEMED TO BE REVENUES OF THE
STATEWIDE MUNICIPAL RECIPROCAL PROGRAM FOR THE PURPOSE OF ANY COMPUTA-
TION OF FEDERAL OR STATE AID, AND SHALL NOT BE CONSOLIDATED, COMMINGLED
OR OTHERWISE COMBINED WITH ANY OTHER MONEYS OF THE AGENCY AND ANY SUCH
STATEWIDE MUNICIPAL RECIPROCAL PROGRAM AGREEMENT SHALL INCLUDE A STATE-
MENT TO SUCH EFFECT. ANY SUCH STATEWIDE MUNICIPAL RECIPROCAL PROGRAM
PREMIUMS REVENUES AND ANY SUCH STATEWIDE MUNICIPAL RECIPROCAL PROGRAM
AGREEMENTS MAY BE PLEDGED BY THE AGENCY IN ACCORDANCE WITH AND WITH THE
EFFECT OF SUBDIVISION TEN OF SECTION TWENTY-FOUR HUNDRED THIRTY-SEVEN OF
THIS TITLE TO SECURE ITS BONDS AND MAY NOT BE MODIFIED THEREAFTER EXCEPT
AS PROVIDED BY THE TERMS OF THE PLEDGE. EACH STATEWIDE MUNICIPAL RECIP-
ROCAL PROGRAM AGREEMENT SHALL SPECIFY THE AMOUNT TO BE MADE AVAILABLE TO
THE STATEWIDE MUNICIPAL RECIPROCAL PROGRAM THROUGH THE PROCEEDS OF AN
ISSUE OF STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS AND SUCH OTHER
MATTERS AS THE AGENCY SHALL DETERMINE NECESSARY OR DESIRABLE AS TO THE
APPLICATION OF BOND PROCEEDS OR THE SECURITY OF THE BONDS. SUCH STATE-
WIDE MUNICIPAL RECIPROCAL PROGRAM AGREEMENT SHALL ALSO PROVIDE THAT THE
AGENCY SHALL NOT BE ENTITLED TO RECEIVE ANY STATEWIDE MUNICIPAL RECIPRO-
CAL PROGRAM PREMIUMS REVENUES.
§ 5. Section 2436 of the public authorities law is amended by adding a
new subdivision 6 to read as follows:
6. IN THE EVENT THAT A STATEWIDE MUNICIPAL RECIPROCAL PROGRAM SHALL
FAIL TO MAKE A PAYMENT IN SUCH AMOUNT (AS CALCULATED IN ACCORDANCE WITH
THE STATEWIDE MUNICIPAL RECIPROCAL PROGRAM AGREEMENT TO WHICH SUCH
STATEWIDE MUNICIPAL RECIPROCAL PROGRAM SHALL BE A PARTY) AND BY SUCH
DATE AS IS PROVIDED TO BE MADE BY SUCH STATEWIDE MUNICIPAL RECIPROCAL
PROGRAM IN ITS STATEWIDE MUNICIPAL RECIPROCAL PROGRAM AGREEMENT, THE
CHAIR OF THE AGENCY SHALL SO CERTIFY TO THE COMPTROLLER, WITH A COPY TO
THE SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES. SUCH CERTIF-
ICATE SHALL BE IN SUCH FORM AS THE AGENCY DEEMS DESIRABLE, BUT SHALL
SPECIFY THE AMOUNT BY WHICH SUCH PAYMENT SHALL HAVE BEEN DEFICIENT. THE
COMPTROLLER, UPON RECEIPT OF SUCH CERTIFICATE FROM THE AGENCY, SHALL
WITHHOLD FROM SUCH STATEWIDE MUNICIPAL RECIPROCAL PROGRAM ANY STATEWIDE
MUNICIPAL RECIPROCAL PROGRAM PREMIUMS PAYABLE TO SUCH SPECIAL STATEWIDE
MUNICIPAL RECIPROCAL PROGRAM TO THE EXTENT OF THE AMOUNT SO STATED IN
SUCH CERTIFICATE AS NOT HAVING BEEN MADE, AND SHALL IMMEDIATELY PAY OVER
TO THE AGENCY THE AMOUNT SO WITHHELD. ANY AMOUNT SO PAID TO THE AGENCY
FROM SUCH STATEWIDE MUNICIPAL RECIPROCAL PROGRAM PREMIUMS SHALL NOT
OBLIGATE THE STATE TO MAKE, NOR ENTITLE THE STATEWIDE MUNICIPAL RECIPRO-
CAL PROGRAM TO RECEIVE, ANY ADDITIONAL AMOUNTS OF STATEWIDE MUNICIPAL
RECIPROCAL PROGRAM PREMIUMS.
§ 6. The public authorities law is amended by adding a new section
2436-d to read as follows:
§ 2436-D. STATEWIDE MUNICIPAL RECIPROCAL PROGRAM. 1. WITH RESPECT TO
EACH ISSUE OF OUTSTANDING STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS,
THE CHAIR OF THE AGENCY SHALL ANNUALLY CERTIFY, OR IN THE CASE OF THE
FIRST SUCH CERTIFICATE WITHIN THIRTY DAYS AFTER THE SALE OF AN ISSUE OF
STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS, TO THE COMPTROLLER AND THE
DIRECTOR OF THE BUDGET, WITH A COPY TO THE SUPERINTENDENT OF THE DEPART-
A. 6565 5
MENT OF FINANCIAL SERVICES, A SCHEDULE SETTING FORTH THE AMOUNT OF
STATEWIDE MUNICIPAL RECIPROCAL PROGRAM PREMIUMS REVENUE NECESSARY FOR
PAYMENT OF THE FOLLOWING OBLIGATIONS:
(A) ALL INTEREST AND ALL PAYMENTS OF PRINCIPAL AND REDEMPTION PREMIUM,
IF ANY, ON SUCH STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS MATURING OR
OTHERWISE COMING DUE DURING THE SUBSEQUENT STATE FISCAL YEAR;
(B) THE AMOUNTS REQUIRED TO BE DEPOSITED IN ANY DEBT SERVICE RESERVE
FUND WITH RESPECT TO STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS;
(C) THE AMOUNT, IF ANY, DUE TO ANY PROVIDER OF ANY BOND CREDIT OR
LIQUIDITY FACILITY, REPRESENTING PAYMENTS MADE BY IT AS PROVIDED IN THE
APPLICABLE RESOLUTION OR TRUST INDENTURE, INCLUDING ANY RELATED REASON-
ABLE INTEREST, FEES OR CHARGES SO PROVIDED;
(D) THE AMOUNT, IF ANY, REQUIRED TO BE REBATED TO THE UNITED STATES TO
PROVIDE FOR CONTINUED FEDERAL TAX EXEMPTION OF SUCH STATEWIDE MUNICIPAL
RECIPROCAL PROGRAM BONDS; AND
(E) ANY ADMINISTRATIVE OR OTHER FEES, COSTS OR CHARGES DUE TO THE
AGENCY OR ANY OTHER PARTY IN CONNECTION WITH SUCH STATEWIDE MUNICIPAL
RECIPROCAL PROGRAM BONDS.
2. THE CERTIFICATION MAY BE AMENDED AND, IN THE EVENT OF A BOND SALE,
SHALL BE AMENDED NO LATER THAN THIRTY DAYS AFTER SUCH SALE. THE SCHEDULE
ACCOMPANYING SUCH CERTIFICATION SHALL PROVIDE FOR SUCH PAYMENT DATES AS
THE AGENCY DEEMS APPROPRIATE TO ENSURE THAT SUFFICIENT FUNDS WILL BE
AVAILABLE TO MEET ITS OBLIGATIONS RELATING TO SUCH STATEWIDE MUNICIPAL
RECIPROCAL PROGRAM BONDS AS THEY COME DUE.
§ 7. Subdivisions 1, 4 and 5 of section 2437 of the public authorities
law, subdivision 1 as amended by section 73 of part H of chapter 83 of
the laws of 2002, subdivision 4 as amended by section 1 of part O of
chapter 63 of the laws of 2003, and subdivision 5 as amended by section
6 of part N of chapter 56 of the laws of 2010, are amended to read as
follows:
(1) Subject to the provisions of section two thousand four hundred
thirty-eight of this title, the agency shall have the power and is here-
by authorized from time to time to issue its negotiable bonds and notes
in conformity with applicable provisions of the uniform commercial code
in such principal amounts as, in the opinion of the agency, shall be
necessary to provide sufficient funds for achieving the corporate
purposes thereof, including the purchase of municipal bonds, the provid-
ing of certain amounts to special program municipalities from the
proceeds of special program bonds, the providing of certain amounts to
special school purpose municipalities from the proceeds of special
school purpose bonds, the providing of certain amounts to a special
school deficit program district from the proceeds of special school
deficit program bonds, THE PROVIDING OF CERTAIN AMOUNTS TO A STATEWIDE
MUNICIPAL RECIPROCAL PROGRAM FROM THE PROCEEDS OF STATEWIDE MUNICIPAL
RECIPROCAL PROGRAM BONDS, the payment of interest on bonds and notes of
the agency, establishment of reserves to secure such bonds and notes,
payment of letter of credit, bond insurance and other credit and liquid-
ity support facility fees, premiums, reimbursements and expenses, fees
and expenses of trustees and paying agents and other financing costs
including any accrued costs payable to the New York state housing
finance agency pursuant to any contract entered into under subdivision
twelve of section two thousand four hundred thirty-four of this title
and all other expenditures of the agency incident to and necessary or
convenient to carry out its corporate purposes and powers, except the
operating expenses of the agency.
A. 6565 6
(4) Such bonds or notes shall bear such date or dates, shall mature at
such time or times, shall bear interest at such rate or rates, shall be
of such denominations, shall be in such form, carry such registration
privileges, be executed in such manner, be payable in lawful money of
the United States of America at such place or places within or without
the state, be subject to such terms of redemption prior to maturity and
have such other terms as may be provided by such resolution or resol-
utions or such certificate with respect to such bonds or notes, as the
case may be; provided, however, that the maximum maturity of bonds other
than special program bonds, special school purpose bonds [or], special
school deficit program bonds OR STATEWIDE MUNICIPAL RECIPROCAL PROGRAM
BONDS shall not exceed forty years from the date thereof, the maximum
maturity of special program bonds shall not exceed thirty years, THE
MAXIMUM MATURITY OF STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS SHALL
NOT EXCEED THIRTY YEARS, the maximum maturity of special school purpose
bonds shall not exceed twenty years, the maximum maturity of special
school deficit program bonds shall not exceed ten years and the maximum
maturity of notes or any renewals thereof shall not exceed five years
from the date of the original issue of such notes.
(5) Any bonds or notes of the agency other than special program bonds,
special school purpose bonds, special school deficit program bonds,
STATEWIDE MUNICIPAL RECIPROCAL PROGRAM BONDS, recovery act bonds or
public safety communications bonds shall be sold at public sale and from
time to time upon such terms and at such prices as may be determined by
the agency, and the agency may pay all expenses, premiums and commis-
sions which it may deem necessary or advantageous in connection with the
issuance and sale thereof. Any special program bonds, special school
purpose bonds, special school deficit program bonds, STATEWIDE MUNICIPAL
RECIPROCAL PROGRAM BONDS, recovery act bonds or public safety communi-
cations bonds shall be sold at public or private sale and from time to
time upon such terms and at such prices as may be determined by the
agency, and the agency may pay all expenses, premiums and commissions
which it may deem necessary or advantageous in connection with the issu-
ance and sale thereof provided, however, that special program bonds
relating to a special program agreement entered for the purpose
described in paragraph (b) of subdivision one of section twenty-four
hundred thirty-five-a of this title shall be sold on or before June
thirtieth, two thousand one. No special program bonds, special school
purpose bonds, special school deficit program bonds, [or] STATEWIDE
MUNICIPAL RECIPROCAL PROGRAM BONDS, recovery act bonds, or public safety
communications bonds of the agency may be sold by the agency at private
sale, however, unless such sale and the terms thereof have been approved
in writing by (a) the comptroller, where such sale is not to the comp-
troller, or (b) the director of the budget, where such sale is to the
comptroller.
§ 8. Subdivision 1 of section 2438 of the public authorities law, as
amended by chapter 355 of the laws of 2016, is amended to read as
follows:
(1) The agency shall not issue bonds and notes in an aggregate princi-
pal amount at any one time outstanding exceeding one billion dollars,
excluding tax lien collateralized securities, special school purpose
bonds, special school deficit program bonds, STATEWIDE MUNICIPAL RECIP-
ROCAL PROGRAM BONDS, special program bonds issued to finance the recon-
struction, rehabilitation or renovation of an educational facility
pursuant to the provisions of subdivision (b) of section sixteen of
chapter six hundred five of the laws of two thousand, special program
A. 6565 7
bonds issued to finance the cost of a project for design, reconstruction
or rehabilitation of a school building pursuant to the provisions of
section fourteen of the city of Syracuse and the board of education of
the city school district of the city of Syracuse cooperative school
reconstruction act, special program bonds issued to finance the cost of
a project for design, construction, reconstruction or rehabilitation of
a school building pursuant to the provisions of section thirteen of the
Yonkers city school district joint schools construction and moderniza-
tion act, recovery act bonds, public safety communications bonds and
bonds and notes issued to refund outstanding bonds and notes.
§ 9. This act shall take effect immediately.