2052-H - Bonds of the authority.

* §  2052-h.  Bonds  of the authority. 1. The authority shall have the  power and is hereby authorized from time to time to issue bonds, in such  principal amounts as it may determine to be necessary to pay the cost of  any project or for any  other  corporate  purpose,  including,  but  not  limited  to,  the  establishment  of  reserves  to secure the bonds, the  payment of principal of, premium, if any, and interest on the bonds  and  the   payment  of  incidental  expenses  in  connection  therewith.  The  authority shall have power and is hereby authorized to enter  into  such  agreements  and perform such acts as my be required under any applicable  federal legislation to secure a federal  guarantee  of  any  bonds.  The  aggregate  principal  amount  of  such bonds, notes or other obligations  shall not exceed one hundred twenty-five million dollars ($125,000,000),  excluding  bonds,  notes  or  other  obligations  issued  to  refund  or  otherwise repay bonds, notes or other obligations theretofore issued for  such  purposes;  provided,  however,  that  upon  any  such refunding or  repayment the total aggregate principal  amount  of  outstanding  bonds,  notes  or  other obligations may be greater than one hundred twenty-five  million  dollars  ($125,000,000)  only  if  the  present  value  of  the  aggregate  debt  service  of  the refunding or repayment bonds, notes or  other obligations to be issued shall not exceed the present value of the  aggregate debt service of the bonds, notes or other obligations so to be  refunded or repaid. For purposes  hereof,  the  present  values  of  the  aggregate  debt  service  of  the refunding or repayment bonds, notes or  other obligations and of the aggregate debt service of the bonds,  notes  or  other  obligations  so  refunded  or  repaid, shall be calculated by  utilizing the effective interest rate  of  the  refunding  or  repayment  bonds,  notes  or other obligations, which shall be that rate arrived at  by doubling the semi-annual  interest  rate  (compounded  semi-annually)  necessary  to  discount  the  debt  service payments on the refunding or  repayment bonds, notes or  other  obligations  from  the  payment  dates  thereof  to the date of issue of the refunding or repayment bonds, notes  or other obligations and to the price bid  including  estimated  accrued  interest  or  proceeds  received  by  the  authority including estimated  accrued interest from the sale thereof. The authority shall  have  power  from  time  to  time  to  refund  any bonds by the issuance of new bonds  whether the bonds to be refunded have or have not matured, and may issue  bonds partly to refund bonds then outstanding and partly for  any  other  corporate  purpose.  Bonds  issued  by  the  authority  may  be  general  obligations secured by the faith and credit of the authority or  may  be  special  obligations  payable solely out of particular revenues or other  moneys as may be designated in the proceedings of  the  authority  under  which  the  bonds  shall  be  authorized  to be issued and subject to as  priority only to any agreements with the holders  of  outstanding  bonds  pledging  any  particular  properties, revenues or moneys. The authority  may also enter into loan agreements, lines of credit and other  security  agreements  and  obtain  for  or on its behalf letters of credit in each  case for securing its bonds or to provide direct payment  of  any  costs  which the authority is authorized to pay.    2.  Bonds  shall  be  authorized by resolution of the authority, be in  such denominations, bear such date or dates and mature at such  time  or  times  as  such  resolution  shall  provide,  except  that notes and any  renewals thereof shall mature within five years from  the  date  of  the  original issuance and bonds and any renewals thereof shall mature within  thirty years from the date of the original issuance of any such bonds or  notes.    The  bonds  and  notes  shall  be  subject  to  such  terms of  redemption, bear interest at such rate or  rates,  be  payable  at  such  times,  be  in  such  form,  either  coupon  or  registered,  carry such  registration privileges, be executed in such manner, be payable in  suchmedium  of payment at such place or places, and be subject to such terms  and conditions as such resolution may provide.  Bonds  may  be  sold  at  public  or  private sale for such price or prices as the authority shall  determine.  The authority may pay all expenses, premiums and commissions  which it may deem necessary  or  advantageous  in  connection  with  the  issuance and sale of bonds.    3.  Any  resolution  or  resolutions authorizing bonds or any issue of  bonds may contain provisions which my be a part of the contract with the  holders of the bonds thereby authorized as to:    (a) pledging all or any part of the revenues, other moneys or property  of the authority to secure the payment of the bonds, including  but  not  limited  to,  any  contracts,  earnings  or proceeds of any grant to the  authority received from any private or public  source  subject  to  such  agreements with bondholders as may then exist;    (b)  the  setting  aside of reserves and the creation of sinking funds  and the regulation and disposition thereof;    (c) limitations on the purpose to which the proceeds from the sale  of  bonds may be applied;    (d) the rates, rents, fees and other charges to be fixed and collected  by  the  authority  and the amount to be raised in each year thereby and  the use and disposition of revenues;    (e) limitations on the right of the authority to restrict and regulate  the use of the project or part thereof in connection  with  which  bonds  are issued;    (f)  limitations  on  the issuance of additional bonds, the terms upon  which additional bonds may be issued and secured and  the  refunding  of  outstanding or other bonds;    (g)  the  procedure,  if  any, by which the terms of any contract with  bondholders may be amended or abrogated, the amount of bonds the holders  of which must consent thereto, and the manner in which such consent  may  be given;    (h)  the  creation  of special funds into which any revenues or moneys  may be deposited;    (i) the terms and provisions of any trust, deed or indenture  securing  the bonds under which the bonds may be issued;    (j)  vesting  in a trustee or trustees such properties, rights, powers  and duties in trust as the authority may determine which may include any  or all of the rights, powers and duties of the trustees appointed by the  bondholders pursuant to section two thousand fifty-two-i of  this  title  and  limiting  or  abrogating the rights of the bondholders to appoint a  trustee under such section or limiting the rights, duties and powers  of  the trustee;    (k)  defining  the  acts  or  omissions  to act which may constitute a  default  in  the  obligations  and  duties  of  the  authority  to   the  bondholders and providing for the rights and remedies of the bondholders  in  the  event  of  such  default,  including  as  a matter of right the  appointment of a receiver;  provided,  however,  that  such  rights  and  remedies  shall  not  be inconsistent with the general laws of the state  and other provisions of this title;    (l) limitations on the power of the authority  to  sell  or  otherwise  dispose of any project or any part thereof;    (m)  limitations  on  the  amount  of  revenues and other moneys to be  expended  for  operating,  administrative  or  other  expenses  of   the  authority;    (n) the payment of the proceeds of bonds, revenues and other moneys to  a  trustee  or  other  depository,  and  for  the method of disbursement  thereof with such safeguards  and  restrictions  as  the  authority  may  determine; and(o)  any other matters of like or different character which in any way  affect the security or  protection  of  the  bonds  or  the  rights  and  remedies of bondholders.    4.  In  addition  to the powers herein conferred upon the authority to  secure its bonds, the authority shall have power in connection with  the  issuance  of  bonds  to  enter into such agreements as the authority may  deem  necessary,  consistent  or  desirable  concerning   the   use   or  disposition  of  its revenues or other moneys or property, including the  mortgaging of any property and the entrusting, pledging or  creation  of  any other security interest in any such revenues, moneys or property and  the  doing  of  any act, (including refraining from doing any act) which  the authority would have  the  right  to  do  in  the  absence  of  such  agreements.  The  authority shall have power to enter into amendments of  any such agreements within the powers granted to the authority  by  this  title  and  to  perform  such  agreements.  The  provisions  of any such  agreements may be made a part of the contract with the holders of  bonds  of the authority.    5.  Any  provision  of  the  uniform  commercial  code to the contrary  notwithstanding, any pledge of or other security interest  in  revenues,  moneys, accounts, contract rights, general intangibles or other personal  property  made  or  created by the authority shall be valid, binding and  perfected from the time when such  pledge  is  made  or  other  security  interest  attaches  without  any  physical delivery of the collateral or  further act, and the lien of any such pledge or other security  interest  shall  be valid, binding and perfected against all parties having claims  of any kind  in  tort,  contract  or  otherwise  against  the  authority  irrespective  of  whether  or  not  such parties have notice thereof. No  instrument by which such a pledge or security interest  is  created  nor  any financing statement need be recorded or filed.    6.  Whether  or  not the bonds are of such form and character as to be  negotiable instruments under the terms of the uniform  commercial  code,  the  bonds  are hereby made negotiable instruments within the meaning of  and for all the purposes of the uniform commercial code, subject only to  the provisions of the bonds for registration.    7. Neither the members of the authority nor any person executing bonds  shall be liable  personally  thereon  or  be  subject  to  any  personal  liability or accountability by reason of the issuance thereof.    8.  The authority, subject to such agreements with bondholders as then  may exist shall have power out  of  any  moneys  available  therefor  to  purchase bonds of the authority, which shall thereupon be canceled, at a  price not exceeding (a) if the bonds are then redeemable, the redemption  price  then  applicable,  plus  accrued  interest,  to the next interest  payment date or (b) if the bonds are not then redeemable, the redemption  price applicable on the first date after such purchase  upon  which  the  bonds  become  subject  to  redemption plus accrued interest to the next  interest payment date.    9. The state comptroller shall promulgate rules  in  conformance  with  the   state  administrative  procedure  act  governing  the  sale  on  a  negotiated basis of bonds, notes and certificates  of  participation  by  public  authorities and public benefit corporations made subject to such  rules by law. No such sale by the authority on a negotiated basis  shall  be  conducted  without prior approval of the state comptroller except as  provided in such rules, which shall set forth  the  circumstances  under  which  such approval shall not be required. Such rules shall be reviewed  at least annually and updated as may be necessary. The  authority  shall  annually  deliver to the senate finance committee, the assembly ways and  means committee and the director of the division of the budget a  report  listing all such sales conducted in the previous year, including but notlimited to the name of the issuer, the amount of the issue, the interest  rate and interest cost per year for each such sale.    10.  Agreements  for  credit  enhancement. (a) The authority is hereby  authorized and empowered to enter  into  such  agreements  as  it  deems  reasonable  and appropriate, with any department or agency of the United  States of America, the  state,  or  any  other  financially  responsible  party,  to  facilitate  the issuance, sale, resale and payment of bonds,  notes, or other evidences of indebtedness of the  authority,  including,  but not limited to letters of credit, lines of credit, revolving credit,  bond insurance or other credit enhancements. Such agreements may provide  for:  (i) the advance or advances of funds on behalf of the authority to  pay bonds, notes or other evidences of indebtedness of the authority  on  their   date   or   dates  of  maturity  or  redemption;  and  (ii)  the  reimbursement of such advance or advances by the authority.    (b) Such agreements may be executed on or before the date of  issuance  of  the obligations to be paid pursuant thereto, provided, however, that  any  reimbursement  obligation  of  the  authority   shall   be   deemed  indebtedness  of  the  authority;  (i)  only  as  of  the  date that the  corresponding  advance  is  made  pursuant  to  paragraph  (a)  of  this  subdivision; and (ii) only in the amount of the advance made pursuant to  such paragraph. Such agreements may include a pledge by the authority of  its  faith  and  credit for the payment of any indebtedness deemed to be  contracted as set forth in this subdivision, and may  provide  that  any  such  indebtedness  arising  from  a reimbursement obligation contracted  pursuant to this section shall be paid in accordance with the  terms  of  such  agreement. Such indebtedness shall be excluded in ascertaining the  power of  the  authority  to  contract  indebtedness  pursuant  to  this  chapter. Such agreements shall also include such terms and conditions as  the  authority  shall  deem  appropriate,  including  provisions for the  payment of reasonable fees by the authority in return for  a  commitment  to  advance  funds pursuant to such agreement. Such fees shall be deemed  part of the cost of the object or purpose in connection with which  they  are incurred.    (c)  Prior to procurement of any credit or liquidity enhancements, the  authority shall, to the extent practicable:    (i) consider the  ability  of  the  credit  or  liquidity  enhancement  provider  to  make  required payments as and when due under the terms of  the appropriate governing instruments;    (ii) consider the business  reputation  of  the  credit  or  liquidity  enhancement provider;    (iii) consider the maximum term of the credit or liquidity enhancement  relative  to the maturity of the bonds, notes or other obligations being  credit or liquidity enhanced;    (iv) provide for the right of substitution for the credit or liquidity  enhancement provider in all agreements, including a provision permitting  such substitution when the rating of the credit or liquidity enhancement  provider falls below the probable credit rating  of  the  issue  without  considering the credit or liquidity enhancer; and    (v)  consider the cost of the credit or liquidity enhancement relative  to the savings or other  benefit  likely  to  be  achieved  through  the  utilization of the credit or liquidity enhancement.    (d)   Where  the  credit  or  liquidity  enhancement  procured  is  an  irrevocable letter of  credit  or  an  acquisition  arrangement  with  a  liquidity enhancer, such instrument shall be:    (i)  issued  or  confirmed  by  a  bank  holding company or its direct  subsidiaries, a federally chartered bank or its subsidiaries, or a state  chartered bank  or  its  subsidiaries,  licensed  or  authorized  to  do  business in this state; and(ii)  issued  or confirmed by an agency or branch of a foreign banking  institution licensed to do business in this state with  total  worldwide  assets in excess of five billion dollars.    (e) Any such issuing banking organization referred to in paragraph (d)  of  this  subdivision  shall  meet the regulatory guidelines for capital  adequacy as promulgated by the appropriate  federal  banking  agency  as  defined in the Federal Deposit Insurance Act, 12 U.S.C. 1813(q).    (f)  Where the credit or liquidity enhancement procured is provided by  an insurance company, such insurer shall be licensed to write  financial  guarantee insurance in this state.    (g) The failure of the authority to comply with paragraphs (c) through  (f)  of  this  subdivision  shall not invalidate or impair any credit or  liquidity enhancement contract or instrument.    * NB There are 2 § 2052-h's