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This entry was published on 2023-05-12
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SECTION 1285-P
State environmental infrastructure projects
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 12
§ 1285-p. State environmental infrastructure projects. In order to
effectuate the purposes of this title, the corporation shall have the
following additional special powers:

1. Subject to chapter fifty-nine of the laws of two thousand, but
notwithstanding any other provisions of law to the contrary, in order to
assist the corporation in undertaking the administration and the
financing of the design, acquisition, construction, improvement,
installation, and related work for all or any portion of any of the
following environmental infrastructure projects and for the provision of
funds to the state for any amounts disbursed therefor: (a) projects
authorized under the environmental protection fund, or for which
appropriations are made to the environmental protection fund including,
but not limited to municipal parks and historic preservation,
stewardship, farmland protection, non-point source, pollution control,
Hudson River Park, land acquisition, and waterfront revitalization; (b)
department of environmental conservation capital appropriations for
Onondaga Lake for certain water quality improvement projects in the same
manner as set forth in paragraph (d) of subdivision one of section
56-0303 of the environmental conservation law; (c) for the purpose of
the administration, management, maintenance, and use of the real
property at the western New York nuclear service center; (d) department
of environmental conservation capital appropriations for the
administration, design, acquisition, construction, improvement,
installation, and related work on department of environmental
conservation environmental infrastructure projects; (e) office of parks,
recreation and historic preservation appropriations or reappropriations
from the state parks infrastructure fund; (f) capital grants for the
cleaner, greener communities program; (g) capital costs of water quality
infrastructure projects and (h) capital costs of clean water
infrastructure projects the director of the division of budget and the
corporation are each authorized to enter into one or more service
contracts, none of which shall exceed twenty years in duration, upon
such terms and conditions as the director and the corporation may agree,
so as to annually provide to the corporation in the aggregate, a sum not
to exceed the annual debt service payments and related expenses required
for any bonds and notes authorized pursuant to section twelve hundred
ninety of this title. Any service contract entered into pursuant to this
section shall provide that the obligation of the state to fund or to pay
the amounts therein provided for shall not constitute a debt of the
state within the meaning of any constitutional or statutory provision
and shall be deemed executory only to the extent of moneys available for
such purposes, subject to annual appropriation by the legislature. Any
such service contract or any payments made or to be made thereunder may
be assigned and pledged by the corporation as security for its bonds and
notes, as authorized pursuant to section twelve hundred ninety of this
title.

2. The comptroller is hereby authorized to receive from the
corporation any portion of bond proceeds paid to provide funds for or
reimburse the state for its costs associated with any state
environmental infrastructure projects and to credit such amounts to the
capital projects fund or any other appropriate fund.

3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be nine billion three hundred thirty-five million seven
hundred ten thousand dollars $9,335,710,000, exclusive of bonds issued
to fund any debt service reserve funds, pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay bonds or
notes previously issued. Such bonds and notes of the corporation shall
not be a debt of the state, and the state shall not be liable thereon,
nor shall they be payable out of any funds other than those appropriated
by the state to the corporation for debt service and related expenses
pursuant to any service contracts executed pursuant to subdivision one
of this section, and such bonds and notes shall contain on the face
thereof a statement to such effect.