Bill Text: NY S08956 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the Syracuse regional airport authority; requires the authority to only give notice to the city of Syracuse before beginning certain projects exceeding ten million dollars.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-12-23 - SIGNED CHAP.781 [S08956 Detail]

Download: New_York-2021-S08956-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8956--B

                    IN SENATE

                                       May 2, 2022
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and  Commissions -- reported favorably from said committee and commit-
          ted to the Committee on Finance -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the public authorities law, in relation to the  Syracuse
          regional airport

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1, 2 and 6 of section 2799-ddd of  the  public
     2  authorities  law,  as  added  by  chapter  463  of the laws of 2011, are
     3  amended to read as follows:
     4    1. There is hereby created the Syracuse  regional  airport  authority.
     5  The  authority  shall  be  a  body  corporate and politic constituting a
     6  public benefit corporation.   The  authority  shall  consist  of  eleven
     7  members  who  shall be appointed as follows: seven shall be appointed by
     8  the mayor of the city of Syracuse, one shall be appointed by the  county
     9  executive  of  Onondaga county, one shall be appointed by the town board
    10  of the town of Dewitt, one shall be appointed by the board of  education
    11  of  the  East  Syracuse  Minoa Central School District, and one shall be
    12  appointed for a period of one year, alternately, by the board of  educa-
    13  tion of the North Syracuse Central School District and the town board of
    14  the  town  of  Salina, Cicero or Clay. The member initially appointed by
    15  the county executive and two of the members initially appointed  by  the
    16  mayor  shall serve for a term ending December thirty-first, two thousand
    17  fourteen. Two of the members initially  appointed  by  the  mayor  shall
    18  serve  for  a  term  ending December thirty-first, two thousand fifteen.
    19  Three members initially appointed by the mayor, the member appointed  by
    20  the  town  board  of the town of Dewitt, and the member appointed by the
    21  board of education of the East Syracuse Minoa Central  School  District,
    22  shall  serve  for  a  term  ending  December  thirty-first, two thousand
    23  sixteen. The first member appointed by the town board  of  the  town  of
    24  Salina,  Cicero or Clay, or by the board of education of the North Syra-
    25  cuse Central School District, shall be appointed by the  town  board  of
    26  the  town  of  Cicero and shall serve for a term ending December thirty-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13333-09-2
        S. 8956--B                          2

     1  first, two thousand thirteen. Following the expiration of such  member's
     2  [one]  two  year  term,  the  subsequently  appointed  member  shall  be
     3  appointed by the town board of the town of Salina.  Following the  expi-
     4  ration  of such member's [one] two year term, the subsequently appointed
     5  member shall be appointed by the town board of the town of Clay. Follow-
     6  ing the expiration of such member's [one] two year term, the subsequent-
     7  ly appointed member shall be appointed by the board of education of  the
     8  North  Syracuse  Central  School  District.  Thereafter, each subsequent
     9  member shall be appointed alternately by  each  town  or  the  board  of
    10  education  in  the  same  order as the initial appointments.   The mayor
    11  shall designate one of the eleven members to serve as chairperson of the
    12  authority. With the exception of the member appointed by  the  board  of
    13  education  of  the North Syracuse Central School District or by the town
    14  board of the town of Salina, Cicero or Clay, who shall serve a [one] two
    15  year term, and those initial appointees whose terms are three  years  or
    16  less, each member shall serve a term of four years.
    17    2.  All  members  shall continue to hold office until their successors
    18  are appointed and qualify.  Provided that upon a new mayor of  the  city
    19  taking  office,  the  incoming mayor may replace the city appointee with
    20  the shortest remaining term with a new  appointee.  Vacancies  shall  be
    21  filled  in  the  manner  provided  for  original appointment. Vacancies,
    22  occurring otherwise than by expiration  of  term  of  office,  shall  be
    23  filled  for the unexpired terms.  Members may be removed from office for
    24  the same reasons and in the same manner as may be provided by  [law  for
    25  the  removal of officers of the city] section twenty-eight hundred twen-
    26  ty-seven of this chapter. The members of the authority shall receive  no
    27  compensation  for  their  services but shall be reimbursed for all their
    28  actual and necessary expenses incurred in connection with  the  carrying
    29  out  of the purposes of this title. The powers of the authority shall be
    30  vested in and be exercised by the members of the authority at a  meeting
    31  duly  called  and  held  and  a majority of directors shall constitute a
    32  quorum.  No action shall be taken except pursuant to the favorable  vote
    33  of  at  least  a  majority  of members. The members of the authority may
    34  delegate to one or more of its members, officers,  agents  or  employees
    35  such powers and duties as it may deem proper.
    36    6.  All  members  of the authority will be required to comply with the
    37  [city of Syracuse code of ethics] provisions  of  this  chapter  and  to
    38  complete  all  disclosure  forms  required by [said code of ethics] this
    39  chapter.
    40    § 2. Section 2799-hhh of the public  authorities  law  is  amended  by
    41  adding a new subdivision 8 to read as follows:
    42    8.  The authority may acquire, hold, own, lease, establish, construct,
    43  effectuate, operate,  maintain, renovate, improve, extend or repair  any
    44  of its facilities through, and cause any one  or  more  of  its  powers,
    45  duties,    functions  or  activities to be exercised or performed by, no
    46  more than two wholly owned subsidiary corporations  of   the   authority
    47  for  the  purposes  of operating parking and concessions including food,
    48  beverage, and retail services, and airline and aircraft services includ-
    49  ing ticketing, baggage and fueling services and other services  for  the
    50  operation  of  the airport.   The authority may transfer  to or from any
    51  such corporation, or between such corporations, any moneys, real proper-
    52  ty or other  property  or  the  services  of  any officers,    employees
    53  or   consultants  for  any  of the purposes of this title. The directors
    54  or members of each such subsidiary corporation shall be the same persons
    55  holding the offices of members of the authority.  Each  such  subsidiary
    56  corporation and any of its property, functions and activities shall have
        S. 8956--B                          3

     1  all  of  the privileges, immunities, tax exemptions and other exemptions
     2  of the authority and of the authority's property, functions  and  activ-
     3  ities.  Each  such  subsidiary  corporation  shall  be  subject  to  the
     4  restrictions and limitations to which the authority may be subject. Each
     5  such  subsidiary corporation shall be subject to suit in accordance with
     6  section twenty-seven hundred ninety-nine-www of this title.  The employ-
     7  ees of any such  subsidiary  corporation,  except  those  who  are  also
     8  employees of the authority, shall not be deemed employees of the author-
     9  ity.
    10    § 3. Section 2799-iii of the public authorities law, as added by chap-
    11  ter 463 of the laws of 2011, is amended to read as follows:
    12    §  2799-iii.  City  [approval]  notice  required.  Notwithstanding any
    13  inconsistent provision of this title, no  project  having  an  aggregate
    14  cost  exceeding  ten  million  dollars, including but not limited to the
    15  acquisition of real property by the authority or the  expansion  of  the
    16  authority's  aviation  facilities,  may  be  undertaken by the authority
    17  unless the authority has provided notice of such project [is approved by
    18  ordinance of] to the Syracuse common council [adopted by a majority vote
    19  and approved by] and the mayor.
    20    § 4. Subdivision 1 of section 2799-jjj of the public authorities  law,
    21  as  added  by  chapter  463  of  the laws of 2011, is amended to read as
    22  follows:
    23    1. The authority shall have the power and is  hereby  authorized  from
    24  time  to time to issue bonds, notes or other obligations to pay the cost
    25  of any project or for any other corporate purpose, including the  estab-
    26  lishment  of  reserves to secure the bonds, the payment of principal of,
    27  premium, if any, and interest on the bonds and the payment of incidental
    28  expenses in connection therewith.   The aggregate  principal  amount  of
    29  such  bonds,  notes  or  other  obligations shall not exceed [two] three
    30  hundred  million  dollars  [($200,000,000)]  ($300,000,000),   excluding
    31  bonds,  notes  or  other obligations issued to refund or otherwise repay
    32  bonds, notes or other obligations theretofore issued for such  purposes;
    33  provided,  however,  that upon any such refunding or repayment the total
    34  aggregate principal amount of outstanding bonds, notes  or  other  obli-
    35  gations  may  be  greater  than  [two]  three  hundred  million  dollars
    36  [($200,000,000)] ($300,000,000) only if the present value of the  aggre-
    37  gate  debt  service  of their funding or repayment bonds, notes or other
    38  obligations to be issued shall not  exceed  the  present  value  of  the
    39  aggregate debt service of the bonds, notes or other obligations so to be
    40  refunded or repaid.  For purposes of this section, the present values of
    41  the aggregate debt service of the refunding or repayment bonds, notes or
    42  other  obligations and of the aggregate debt service of the bonds, notes
    43  or other obligations so refunded  or  repaid,  shall  be  calculated  by
    44  utilizing  the  effective  interest  rate  of the refunding or repayment
    45  bonds, notes or other obligations, which shall be that rate  arrived  at
    46  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
    47  necessary to discount the debt service  payments  on  the  refunding  or
    48  repayment bonds, notes or other obligations from the payment dates ther-
    49  eof  to  the date of issue of the refunding or repayment bonds, notes or
    50  other obligations and to  the  price  bid  including  estimated  accrued
    51  interest  or  proceeds  received  by  the  authority including estimated
    52  accrued interest from the sale thereof. The authority shall  have  power
    53  and  is hereby authorized to enter into such agreements and perform such
    54  acts as may be required under  any  applicable  federal  legislation  to
    55  secure a federal guarantee of any bonds.
    56    § 5. This act shall take effect immediately.