* § 1020-f. General powers of the authority. Except as otherwise limited by this title, the authority shall have all of the powers necessary or convenient to carry out the purposes and provisions of this title, including without limiting the generality of the foregoing, the power: (a) To sue and be sued in all courts and to participate in actions and proceedings, whether judicial, administrative, arbitrative or otherwise; (b) To have a corporate seal, and to alter such seal at pleasure, and to use it by causing it or a facsimile to be affixed or impressed or reproduced in any other manner; (c) To appoint officers, agents and employees, without regard to any personnel or civil service law, rule or regulation of the state and in accordance with guidelines adopted by the authority, prescribe their duties and qualifications and fix and pay their compensation, provided, however, that the appointment of the chief executive officer shall be subject to confirmation by the senate in accordance with section twenty-eight hundred fifty-two of this chapter; (d) To purchase, receive, take by grant, gift, devise, bequest or otherwise, lease, or otherwise acquire, own, hold, improve, employ, use and otherwise deal in and with, real or personal property whether tangible or intangible, or any interest therein, within the state; (e) To acquire real or personal property, whether tangible or intangible, including without limitation property rights, interests in property, franchises, obligations, contracts, and debt and equity securities, by the exercise of the power of eminent domain; provided, however, that any real property acquired by the exercise of the power of eminent domain must be located within the service area; (f) To sell, convey, lease, exchange, transfer, abandon or otherwise dispose of, or mortgage, pledge or create a security interest in, all or any of its assets, properties or any interest therein, wherever situated; (g) To purchase, take, receive, subscribe for, or otherwise acquire, hold, make a tender offer for, vote, employ, sell, lend, lease, exchange, transfer, or otherwise dispose of, mortgage, pledge or grant a security interest in, use and otherwise deal in and with, bonds and other obligations, shares or other securities (or interests therein) issued by others, whether engaged in a similar or different business or activity; (h) To make and execute agreements, contracts and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this title, including contracts with any person, firm, corporation, municipality, state agency or other entity in accordance with the provisions of section one hundred three of the general municipal law, and all state agencies and all municipalities are hereby authorized to enter into and do all things necessary to perform any such agreement, contract or other instrument with the authority; (i) To borrow money at such rate or rates of interest as the authority may determine, issue its notes, bonds or other obligations to evidence such indebtedness, and secure any of its obligations by mortgage or pledge of all or any of its property or any interest therein, wherever situated; (j) To arrange for guarantees of its bonds, notes or other obligations by the federal government or by any private insurer or otherwise, and to pay any premiums therefor; (k) To issue such bonds or notes or other obligations whether or not the income therefrom is exempt from federal income taxation; (l) To purchase bonds, notes or other obligations of the authority at such price or prices as the authority may determine;(m) To lend money, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested; (n) To procure insurance against any loss in connection with its properties or operations in such amount or amounts and from such insurers, including the federal government, as it may deem necessary or desirable, and to pay any premiums therefor; (o) To create or acquire one or more wholly owned subsidiaries in accordance with section one thousand twenty-i of this title to carry out all or any part of the purposes of this title; (p) To negotiate and enter into agreements with trustees or receivers appointed by United States bankruptcy courts or federal district courts or in other proceedings involving adjustment of debts and authorize legal counsel for the authority to appear in any such proceedings; (q) To file a petition under chapter nine of title eleven of the United States bankruptcy code or take other similar action for the adjustment of its debts; (r) To enter into agreements to purchase power from the power authority of the state of New York, the state, any state agency, any municipality, any private entity, or any other available source at such price or prices as may be negotiated; provided, however, that the authority shall not have the power to enter into any agreement or any negotiation for the purchase of power from the dominion of Canada, or any political subdivision, public authority or private corporation therein; but may enter into an agreement with the power authority of the state of New York for the purchase of such power; (s) To enter into management agreements for the operation of all or any of the property or facilities owned by the authority; (t) To transfer any asset of the authority to one or more (i) private utility or (ii) municipal gas or electric agency established pursuant to article fourteen-A of the general municipal law, for such consideration and upon such terms as the authority may determine to be in the best interest of the gas and electric ratepayers in the service area; * (u) Subject to the provisions of subdivision six of section one thousand twenty-k of this title and after holding public hearings thereon upon reasonable public notice, with at least one such hearing to be held in the county of Suffolk and at least one in the county of Nassau, to fix rates and charges for the furnishing or rendition of gas or electric power or of any related service at the lowest level consistent with sound fiscal and operating practices of the authority and which provide for safe and adequate service; provided, however, that such authority shall not assess any fee, penalty or other charge of any kind for the voluntary termination of electric service to any residential customer for the purpose of utilizing alternative sources of electric generation in excess of that charged to customers who terminate their electric service for any other reason; * NB Effective until September 1, 2014 * (u) Subject to the provisions of subdivision six of section one thousand twenty-k of this title and after holding public hearings thereon upon reasonable public notice, with at least one such hearing to be held in the county of Suffolk and at least one in the county of Nassau, to fix rates and charges for the furnishing or rendition of gas or electric power or of any related service at the lowest level consistent with sound fiscal and operating practices of the authority and which provide for safe and adequate service; * NB Effective September 1, 2014(v) To enter upon any lands and within any building whenever in its judgment it may be necessary for the purpose of making surveys and examinations to accomplish any purpose authorized by this title; (w) To enter into agreements to pay annual sums in lieu of taxes to any municipality with respect to any real property which is owned by the authority and is located in such municipality; (x) To maintain an office or offices at such place or places in the state as it may determine; (y) To make any inquiry, investigation, survey or study which the authority may deem necessary to enable it effectively to carry out the provisions of this title and, for that purpose, to take and hear proofs and testimony, and with the prior vote of a majority of the board which majority vote shall include the vote of the chairman to compel the attendance of witnesses and to require the production of records, books, papers, accounts and other documents, including public records, and to make copies thereof or extracts therefrom; and (z) To adopt, revise, amend and repeal rules and regulations with respect to its operations, properties and facilities as may be necessary or convenient to carry out the purposes of this title, subject to the provisions of the state administrative procedure act. (aa) Notwithstanding any other provision of law to the contrary the authority shall not undertake any project without the approval of the public authorities control board created pursuant to article one-A of this chapter. Each application to the public authorities control board shall contain a project description and an explanation of why the project meets the standards for project approval set forth in this subdivision. The public authorities control board shall only approve a project proposed by the authority upon its determination that: 1. the project is financially feasible as the standard is defined in article one-A of this chapter; 2. the project does not materially adversely affect overall real property taxes in the service area; 3. the project is anticipated to result generally in lower utility rates in the service area; and 4. the project will not materially adversely affect overall real property taxes or utility rates in other areas of the state of New York. * NB There are 2 § 1020-f's
* § 1020-f. General powers of the authority. Except as otherwise limited by this title, the authority shall have all of the powers necessary or convenient to carry out the purposes and provisions of this title, including without limiting the generality of the foregoing, the power: (a) To sue and be sued in all courts and to participate in actions and proceedings, whether judicial, administrative, arbitrative or otherwise; (b) To have a corporate seal, and to alter such seal at pleasure, and to use it by causing it or a facsimile to be affixed or impressed or reproduced in any other manner; (c) To appoint officers, agents and employees, without regard to any personnel or civil service law, rule or regulation of the state and in accordance with guidelines adopted by the authority, prescribe their duties and qualifications and fix and pay their compensation, provided, however, that the appointment of the chief executive officer shall be subject to confirmation by the senate in accordance with section twenty-eight hundred fifty-two of this chapter; (d) To purchase, receive, take by grant, gift, devise, bequest or otherwise, lease, or otherwise acquire, own, hold, improve, employ, use and otherwise deal in and with, real or personal property whether tangible or intangible, or any interest therein, within the state; (e) To acquire real or personal property, whether tangible or intangible, including without limitation property rights, interests in property, franchises, obligations, contracts, and debt and equity securities, by the exercise of the power of eminent domain; provided, however, that any real property acquired by the exercise of the power of eminent domain must be located within the service area; (f) To sell, convey, lease, exchange, transfer, abandon or otherwise dispose of, or mortgage, pledge or create a security interest in, all or any of its assets, properties or any interest therein, wherever situated; (g) To purchase, take, receive, subscribe for, or otherwise acquire, hold, make a tender offer for, vote, employ, sell, lend, lease, exchange, transfer, or otherwise dispose of, mortgage, pledge or grant a security interest in, use and otherwise deal in and with, bonds and other obligations, shares or other securities (or interests therein) issued by others, whether engaged in a similar or different business or activity; (h) To make and execute agreements, contracts and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this title, including contracts with any person, firm, corporation, municipality, state agency or other entity in accordance with the provisions of section one hundred three of the general municipal law, and all state agencies and all municipalities are hereby authorized to enter into and do all things necessary to perform any such agreement, contract or other instrument with the authority; (i) To borrow money at such rate or rates of interest as the authority may determine, issue its notes, bonds or other obligations to evidence such indebtedness, and secure any of its obligations by mortgage or pledge of all or any of its property or any interest therein, wherever situated; (j) To arrange for guarantees of its bonds, notes or other obligations by the federal government or by any private insurer or otherwise, and to pay any premiums therefor; (k) To issue such bonds or notes or other obligations whether or not the income therefrom is exempt from federal income taxation; (l) To purchase bonds, notes or other obligations of the authority at such price or prices as the authority may determine;(m) To lend money, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested; (n) To procure insurance against any loss in connection with its properties or operations in such amount or amounts and from such insurers, including the federal government, as it may deem necessary or desirable, and to pay any premiums therefor; (o) To create or acquire one or more wholly owned subsidiaries in accordance with section one thousand twenty-i of this title to carry out all or any part of the purposes of this title; (p) To negotiate and enter into agreements with trustees or receivers appointed by United States bankruptcy courts or federal district courts or in other proceedings involving adjustment of debts and authorize legal counsel for the authority to appear in any such proceedings; (q) To file a petition under chapter nine of title eleven of the United States bankruptcy code or take other similar action for the adjustment of its debts; (r) To enter into agreements to purchase power from the power authority of the state of New York, the state, any state agency, any municipality, any private entity, or any other available source at such price or prices as may be negotiated; provided, however, that the authority shall not have the power to enter into any agreement or any negotiation for the purchase of power from the dominion of Canada, or any political subdivision, public authority or private corporation therein; but may enter into an agreement with the power authority of the state of New York for the purchase of such power; (s) To enter into management agreements for the operation of all or any of the property or facilities owned by the authority; (t) To transfer any asset of the authority to one or more (i) private utility or (ii) municipal gas or electric agency established pursuant to article fourteen-A of the general municipal law, for such consideration and upon such terms as the authority may determine to be in the best interest of the gas and electric ratepayers in the service area; * (u) Subject to the provisions of subdivision six of section one thousand twenty-k of this title and after holding public hearings thereon upon reasonable public notice, with at least one such hearing to be held in the county of Suffolk and at least one in the county of Nassau, to fix rates and charges for the furnishing or rendition of gas or electric power or of any related service at the lowest level consistent with sound fiscal and operating practices of the authority and which provide for safe and adequate service; provided, however, that such authority shall not assess any fee, penalty or other charge of any kind for the voluntary termination of electric service to any residential customer for the purpose of utilizing alternative sources of electric generation in excess of that charged to customers who terminate their electric service for any other reason; * NB Effective until September 1, 2014 * (u) Subject to the provisions of subdivision six of section one thousand twenty-k of this title and after holding public hearings thereon upon reasonable public notice, with at least one such hearing to be held in the county of Suffolk and at least one in the county of Nassau, to fix rates and charges for the furnishing or rendition of gas or electric power or of any related service at the lowest level consistent with sound fiscal and operating practices of the authority and which provide for safe and adequate service; * NB Effective September 1, 2014(v) To enter upon any lands and within any building whenever in its judgment it may be necessary for the purpose of making surveys and examinations to accomplish any purpose authorized by this title; (w) To enter into agreements to pay annual sums in lieu of taxes to any municipality with respect to any real property which is owned by the authority and is located in such municipality; (x) To maintain an office or offices at such place or places in the state as it may determine; (y) To make any inquiry, investigation, survey or study which the authority may deem necessary to enable it effectively to carry out the provisions of this title and, for that purpose, to take and hear proofs and testimony, and with the prior vote of a majority of the board which majority vote shall include the vote of the chairman to compel the attendance of witnesses and to require the production of records, books, papers, accounts and other documents, including public records, and to make copies thereof or extracts therefrom; and (z) To adopt, revise, amend and repeal rules and regulations with respect to its operations, properties and facilities as may be necessary or convenient to carry out the purposes of this title, subject to the provisions of the state administrative procedure act. (aa) Notwithstanding any other provision of law to the contrary the authority shall not undertake any project without the approval of the public authorities control board created pursuant to article one-A of this chapter. Each application to the public authorities control board shall contain a project description and an explanation of why the project meets the standards for project approval set forth in this subdivision. The public authorities control board shall only approve a project proposed by the authority upon its determination that: 1. the project is financially feasible as the standard is defined in article one-A of this chapter; 2. the project does not materially adversely affect overall real property taxes in the service area; 3. the project is anticipated to result generally in lower utility rates in the service area; and 4. the project will not materially adversely affect overall real property taxes or utility rates in other areas of the state of New York. * NB There are 2 § 1020-f's
* § 1020-f. General powers of the authority. Except as otherwise limited by this title, the authority shall have all of the powers necessary or convenient to carry out the purposes and provisions of this title, including without limiting the generality of the foregoing, the power: (a) To sue and be sued in all courts and to participate in actions and proceedings, whether judicial, administrative, arbitrative or otherwise; (b) To have a corporate seal, and to alter such seal at pleasure, and to use it by causing it or a facsimile to be affixed or impressed or reproduced in any other manner; (c) To appoint officers, agents and employees, without regard to any personnel or civil service law, rule or regulation of the state and in accordance with guidelines adopted by the authority, prescribe their duties and qualifications and fix and pay their compensation, provided, however, that the appointment of the chief executive officer shall be subject to confirmation by the senate in accordance with section twenty-eight hundred fifty-two of this chapter; (d) To purchase, receive, take by grant, gift, devise, bequest or otherwise, lease, or otherwise acquire, own, hold, improve, employ, use and otherwise deal in and with, real or personal property whether tangible or intangible, or any interest therein, within the state; (e) To acquire real or personal property, whether tangible or intangible, including without limitation property rights, interests in property, franchises, obligations, contracts, and debt and equity securities, by the exercise of the power of eminent domain; provided, however, that any real property acquired by the exercise of the power of eminent domain must be located within the service area; (f) To sell, convey, lease, exchange, transfer, abandon or otherwise dispose of, or mortgage, pledge or create a security interest in, all or any of its assets, properties or any interest therein, wherever situated; (g) To purchase, take, receive, subscribe for, or otherwise acquire, hold, make a tender offer for, vote, employ, sell, lend, lease, exchange, transfer, or otherwise dispose of, mortgage, pledge or grant a security interest in, use and otherwise deal in and with, bonds and other obligations, shares or other securities (or interests therein) issued by others, whether engaged in a similar or different business or activity; (h) To make and execute agreements, contracts and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this title, including contracts with any person, firm, corporation, municipality, state agency or other entity in accordance with the provisions of section one hundred three of the general municipal law, and all state agencies and all municipalities are hereby authorized to enter into and do all things necessary to perform any such agreement, contract or other instrument with the authority; (i) To borrow money at such rate or rates of interest as the authority may determine, issue its notes, bonds or other obligations to evidence such indebtedness, and secure any of its obligations by mortgage or pledge of all or any of its property or any interest therein, wherever situated; (j) To arrange for guarantees of its bonds, notes or other obligations by the federal government or by any private insurer or otherwise, and to pay any premiums therefor; (k) To issue such bonds or notes or other obligations whether or not the income therefrom is exempt from federal income taxation; (l) To purchase bonds, notes or other obligations of the authority at such price or prices as the authority may determine;(m) To lend money, invest and reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or invested; (n) To procure insurance against any loss in connection with its properties or operations in such amount or amounts and from such insurers, including the federal government, as it may deem necessary or desirable, and to pay any premiums therefor; (o) To create or acquire one or more wholly owned subsidiaries in accordance with section one thousand twenty-i of this title to carry out all or any part of the purposes of this title; (p) To negotiate and enter into agreements with trustees or receivers appointed by United States bankruptcy courts or federal district courts or in other proceedings involving adjustment of debts and authorize legal counsel for the authority to appear in any such proceedings; (q) To file a petition under chapter nine of title eleven of the United States bankruptcy code or take other similar action for the adjustment of its debts; (r) To enter into agreements to purchase power from the power authority of the state of New York, the state, any state agency, any municipality, any private entity, or any other available source at such price or prices as may be negotiated; provided, however, that the authority shall not have the power to enter into any agreement or any negotiation for the purchase of power from the dominion of Canada, or any political subdivision, public authority or private corporation therein; but may enter into an agreement with the power authority of the state of New York for the purchase of such power; (s) To enter into management agreements for the operation of all or any of the property or facilities owned by the authority; (t) To transfer any asset of the authority to one or more (i) private utility or (ii) municipal gas or electric agency established pursuant to article fourteen-A of the general municipal law, for such consideration and upon such terms as the authority may determine to be in the best interest of the gas and electric ratepayers in the service area; * (u) Subject to the provisions of subdivision six of section one thousand twenty-k of this title and after holding public hearings thereon upon reasonable public notice, with at least one such hearing to be held in the county of Suffolk and at least one in the county of Nassau, to fix rates and charges for the furnishing or rendition of gas or electric power or of any related service at the lowest level consistent with sound fiscal and operating practices of the authority and which provide for safe and adequate service; provided, however, that such authority shall not assess any fee, penalty or other charge of any kind for the voluntary termination of electric service to any residential customer for the purpose of utilizing alternative sources of electric generation in excess of that charged to customers who terminate their electric service for any other reason; * NB Effective until September 1, 2014 * (u) Subject to the provisions of subdivision six of section one thousand twenty-k of this title and after holding public hearings thereon upon reasonable public notice, with at least one such hearing to be held in the county of Suffolk and at least one in the county of Nassau, to fix rates and charges for the furnishing or rendition of gas or electric power or of any related service at the lowest level consistent with sound fiscal and operating practices of the authority and which provide for safe and adequate service; * NB Effective September 1, 2014(v) To enter upon any lands and within any building whenever in its judgment it may be necessary for the purpose of making surveys and examinations to accomplish any purpose authorized by this title; (w) To enter into agreements to pay annual sums in lieu of taxes to any municipality with respect to any real property which is owned by the authority and is located in such municipality; (x) To maintain an office or offices at such place or places in the state as it may determine; (y) To make any inquiry, investigation, survey or study which the authority may deem necessary to enable it effectively to carry out the provisions of this title and, for that purpose, to take and hear proofs and testimony, and with the prior vote of a majority of the board which majority vote shall include the vote of the chairman to compel the attendance of witnesses and to require the production of records, books, papers, accounts and other documents, including public records, and to make copies thereof or extracts therefrom; and (z) To adopt, revise, amend and repeal rules and regulations with respect to its operations, properties and facilities as may be necessary or convenient to carry out the purposes of this title, subject to the provisions of the state administrative procedure act. (aa) Notwithstanding any other provision of law to the contrary the authority shall not undertake any project without the approval of the public authorities control board created pursuant to article one-A of this chapter. Each application to the public authorities control board shall contain a project description and an explanation of why the project meets the standards for project approval set forth in this subdivision. The public authorities control board shall only approve a project proposed by the authority upon its determination that: 1. the project is financially feasible as the standard is defined in article one-A of this chapter; 2. the project does not materially adversely affect overall real property taxes in the service area; 3. the project is anticipated to result generally in lower utility rates in the service area; and 4. the project will not materially adversely affect overall real property taxes or utility rates in other areas of the state of New York. * NB There are 2 § 1020-f's
