2605. Short title. This title shall be known and may be cited as the "New York state olympic regional development authority act".

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1 TITLE 28 NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY Section Short title Legislative findings Definitions New York state olympic regional development authority Community advisory panel Review of and recommendation on continuation of the authority Powers of the authority Agreement with the park district Appropriations by the park district Agreements with the state Assistance by state officers, departments, boards and commissions Appropriations by the state Moneys of the authority Property and income of the authority Capital repair and improvement account Public bidding Annual report Actions Limitation of liability Exemption from taxation Inconsistent provisions of other laws superseded Construction Separability Temporary assignment and transfer of employees Transfer of officers and employees Short title. This title shall be known and may be cited as the "New York state olympic regional development authority act" Legislative findings. It is hereby found, determined and declared that there is an immediate need to institute a comprehensive, coordinated program of activities utilizing the olympic facilities in and around Lake Placid, New York, in order to insure optimum year-round use and enjoyment of these facilities to the economic and social benefit of the olympic region and to minimize the financial burden on the state and local governments in the maintenance and operation of these facilities by means of maximizing revenue opportunities for their support; and to take advantage of the opportunity to improve the physical fitness and athletic and recreational education of the people of this state and the United States by assisting in the use and maintenance of these facilities. It is further declared to be desirable to create a state olympic regional development authority to operate, manage and maintain the olympic facilities, develop, implement and supervise the professional management necessary for such a comprehensive, coordinated program and for the management, promotion, scheduling and conduct of an integrated, year-round program and a wide range of national and international athletic training and competitive opportunities and other activities which can effectively utilize the available facilities. The authority shall carry out its purposes and responsibilities and utilize the facilities through agreements with state and local agencies which have jurisdiction over the various olympic facilities in the olympic region. It is further declared to be

2 desirable that the authority develop, construct, operate, manage and maintain facilities, or participate therein, for the training and housing of amateur athletes in connection with the United States olympic committee's training center program and the authority's conduct of national and international sports events. It is further declared that the authority shall be created as a public benefit corporation and that the corporate programs and powers conferred under this title and the expenditures of public moneys pursuant thereto are in furtherance of serving a valid public interest and public purpose Definitions. The following terms, whenever used or referred to in this title, unless the context indicates otherwise, have the following meanings: 1. The term "olympic facility" shall mean any publicly owned, administered or supervised facility located in the olympic region and suitable for use in connection with athletic training, housing or competition, or with recreational or physical educational activities. The fact that any such facility is also suitable for other uses in addition to those specified shall not exclude such facility from the scope of this definition. 2. The term "authority" shall mean the New York state olympic regional development authority as created by section twenty-six hundred eight of this title. 3. The term "events" shall mean any organized athletic competition, organized athletic training, recreational activity, educational activity, entertainment activity or other activity suitable to be conducted in any olympic facility. 4. The term "park district" shall mean the town of North Elba, public parks and playgrounds district, a special district created by chapter four hundred seventy-seven of the laws of nineteen hundred twenty-eight. 5. The term "olympic region" shall mean the county of Essex, state of New York. 6. The term "participating olympic facility" shall mean any olympic facility subject to an agreement entered into by the authority pursuant to section twenty-six hundred twelve or twenty-six hundred fourteen of this title. 7. The term "state" shall mean the state of New York New York state olympic regional development authority. 1. For the purposes of effectuating the policy declared in section twenty-six hundred six of this title, there is hereby created the "New York state olympic regional development authority", referred to in this title as "the authority", which shall be a body corporate and politic constituting a public benefit corporation. The authority shall consist of twelve members who shall be the commissioner of environmental conservation, the commissioner of economic development, the commissioner of parks, recreation and historic preservation and nine persons to be appointed by the governor, by and with the advice and consent of the senate. Of the nine persons appointed by the governor, by and with the advice and consent of the senate, one each shall be appointed upon the recommendation of the temporary president of the senate and the speaker of the assembly. Three of the persons appointed by the governor, by and with the advice and consent of the senate shall be appointed upon the recommendation of the town board of the town of North Elba and shall be residents of the park district. Two persons shall be appointed by the governor, by and with the advice and consent of the senate, one of whom

3 shall reside in Ulster county and the other of whom shall reside in Delaware county. One of the persons appointed by the governor, by and with the advice and consent of the senate, shall be a resident of Warren county. The governor shall appoint a chairperson, a vice-chairperson and a second vice-chairperson from among any of the members of the authority and such chairperson, vice-chairperson and second vice-chairperson shall serve at the pleasure of the governor, provided, however, that the vice-chairperson shall be appointed on the recommendation of the town board of North Elba; and the second vice-chairperson shall be appointed upon the recommendation of the town boards of the town of Shandaken in Ulster county and the town of Middletown in Delaware county; and must be a resident of Ulster or Delaware counties; with a majority vote of the combined two town boards determining who shall be recommended to the governor for appointment of that position. From among any candidates recommended by the chairman, the members shall appoint a president/chief executive officer of the authority. The members first appointed by the governor shall be appointed within thirty days of the effective date of this title. The members appointed as a result of the enactment of the chapter of the laws of two thousand twelve which amended this section, consisting of the eleventh and twelfth board members, shall be appointed within ninety days of the effective date of such chapter. The first members appointed by the governor upon the recommendation of the temporary president of the senate and the speaker of the assembly shall serve terms of three years respectively from January first next succeeding their appointment. The remaining four members first appointed by the governor shall serve terms of one, two, four and five years respectively from January first next succeeding their appointment. The fifth member appointed by the governor shall serve a term of two years from January first, next succeeding his or her appointment. Each appointment of a member following the expiration of the original terms of the appointment shall be for a term of five years. The members appointed by the governor who are required to reside in either Delaware or Ulster counties shall be appointed for terms of four years. Members shall continue to hold office until their successors have been appointed and qualified. In the event of a vacancy occurring during the term of a member's appointment, by reason of death, resignation, disqualification or otherwise, such vacancy shall be filled for the unexpired term in the same manner as the original appointment. 2. The members of the authority shall not receive a salary or other compensation for their services as members of the authority but each member shall be allowed reimbursement for the necessary and actual expenses which he or she shall incur in the performance of his or her duties under this title. 3. The president/chief executive officer shall serve at the pleasure of the members and shall be responsible for the discharge of the executive and administrative functions and exercise of any power or function of the authority. 4. Seven members of the authority shall constitute a quorum for the transaction of any business or the exercise of any power or function of the authority. The authority may delegate to one or more of its members, officers, agents and employees, such powers and duties as it may deem proper. The commissioner of environmental conservation, the commissioner of economic development, the commissioner of parks and recreation and any other member of the authority who is a full time employee of the state or who holds public office may designate one person from his department or from the public corporation in which he holds a public office to represent him at all meetings of the authority from which such

4 member may be absent. Any representative so designated shall have the power to attend and to vote at any meeting of the authority from which the member so designating him is absent, with the same force and effect as if the member designating him were present and voting. Such designation shall be by written notice filed with the chairman of the authority by the member making the designation and shall be for a term of one year or until such representative shall resign or shall no longer be employed by the department of which such member making the designation is an employee or by the public corporation of which such member making the designation holds a public office or until revoked by the person making such designation. Such designation shall not limit the power of the member making the designation to attend and vote in person at any meeting of the authority. 5. The authority shall be a "state agency" for the purposes of sections seventy-three and seventy-four of the public officers law. 6. Notwithstanding any inconsistent provisions of this or any other law, general, special or local, no officer or employee of the state, as defined in the public officers law, or of the park district shall be deemed to have forfeited or shall forfeit his office of employment or any benefits provided under the retirement and social security law or under any public retirement system maintained by the state or any of its subdivisions by reason of his acceptance of membership on or chairmanship of the authority; provided, however, a member or chairman who holds such other public office of employment shall receive no additional compensation for services rendered pursuant to this title, but shall be entitled to reimbursement for his actual and necessary expenses incurred in the performance of such services. 7. The governor may remove any member of the authority for cause, other than the commissioner of environmental conservation, the commissioner of economic development and the commissioner of parks and recreation, after giving him a copy of the charges against him and an opportunity to be heard, in person or by counsel in his defense, upon not less than ten days' notice. If any member shall be so removed, the governor shall file in the office of the department of state a complete statement of charges made against such member, and his findings thereon, together with a complete record of the proceedings. 8. The principal office of the authority shall be located in the town of North Elba and the authority shall establish a second office at the Belleayre Mountain ski center. 9. Nothing shall preclude the use of meetings and votes by video conference or other conferencing which permits conferees to see the other members during board meetings through television or the internet Community advisory panel. 1. Within ninety days following the appointment of the members of the authority, the members shall appoint an advisory panel to act as consultants to the authority for the purpose of advising and assisting the authority in procuring international and national athletic sporting events and competition. 2. The advisory panel shall consist of nineteen persons, ten of whom shall be appointed upon the recommendation of the North Elba sports council, a council created by the park district, two of whom shall be appointed upon the recommendation of the legislature of the county of Delaware and two of whom shall be appointed upon the recommendation of the legislature of the county of Ulster. Such ten members of the panel shall have knowledge of athletic competition and winter and summer sports and recreation events and activities. The members of the panel

5 shall serve for a period of two years. In the event of a vacancy occurring during a panel member's appointment, by reason of death, resignation, disqualification or otherwise, such vacancy shall be filled for the unexpired term in the same manner as the original appointment. 3. The members of the panel shall serve without compensation, except that each member of the panel shall be allowed the necessary and actual expenses which he shall incur in the performance of his duties within the state under this title Review of and recommendation on continuation of the authority. 1. The authority and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the authority shall have any outstanding obligations, unless adequate provision has been made for the satisfaction thereof. 2. The authority shall submit on August fifteenth, nineteen hundred ninety, a report to the governor, the chairman of the senate finance committee and the chairman of the assembly ways and means committee and the park district detailing the accomplishments of the authority since its creation and making recommendations concerning its continuation. 3. The comptroller may conduct periodic financial audits of the authority and report on August fifteenth, nineteen hundred ninety, to the governor, the chairman of the senate finance committee and the chairman of the assembly ways and means committee and the park district on the appropriateness of the financial practices of the authority. 4. The director of the budget is hereby directed to conduct a survey of the management and operating practices of the authority and report on August fifteenth, nineteen hundred ninety, to the governor, the chairman of the senate finance committee and the chairman of the assembly ways and means committee and the park district on the appropriateness of the management and operating practices of the authority. The director of the budget shall include in such report his recommendations of whether the authority shall be terminated or whether it shall be changed in any manner, and if the director of the budget shall recommend that the authority be terminated, he shall recommend what functions shall be eliminated and what functions shall be continued by another authority or agency. 5. In the event of termination of the existence of the authority, all of its rights and properties shall pass to and be vested in the state, except the personal property and any replacements and/or substitutions therefor, used solely in connection with a participating olympic facility which is administered, owned or supervised by the park district shall pass to and be vested in the park district. All property which passes to the state or the park district on termination of the authority shall be accepted by the state or the park district, as the case may be, in its condition at the time of such termination Powers of the authority. Except as otherwise may be limited by this title, the authority shall have power: 1. To sue and be sued; 2. To have a seal and alter the same at pleasure; 3. To acquire, lease, hold and dispose of real and personal property or any interest therein for its corporate purposes; 4. To make and alter by-laws for its organization and internal management, and rules and regulations governing the exercise of its powers and the fulfillment of its purposes under this title. Such rules and regulations must be filed with the secretary of state and the town

6 clerk of North Elba and the town clerks of the towns of Johnsburg, Shandaken and Middletown; 5. To enter into contracts for employment of such officers and employees as it may require for the performance of its duties, and to fix and determine their qualifications, duties and compensation and to retain or employ such personnel as may be required for its corporate purposes and private consultants on a contract basis or otherwise for rendering professional or technical services and advice; 6. To schedule and book events at participating olympic facilities, and the facilities of Belleayre Mountain ski center and other properties owned or controlled by the authority with public and private individuals, organizations, groups and other entities desiring to use such facilities for conducting events and activities appropriate to the purposes of the authority; 7. To enter into contracts, leases and subleases and to execute all instruments necessary or convenient for the conduct of authority business, including agreements with the park district and any state agency which administers, owns or supervises any olympic facility or Belleayre Mountain ski center, as provided in sections twenty-six hundred twelve and twenty-six hundred fourteen of this title; 8. To undertake or cause to be undertaken plans, surveys, analyses and studies necessary, convenient or desirable for the effectuation of the purposes and powers of the authority and to prepare recommendations in regard thereto; 9. To enter into contracts to operate, maintain and manage olympic facilities and the Belleayre Mountain ski center; 10. To fix and collect fees, rents and other charges for the use of olympic facilities and to authorize any other person on its behalf to collect same; 11. To conduct or contract for the conduct of all necessary or convenient services relevant to the publicizing, advertising, marketing and promoting of participating olympic facilities and events scheduled at such facilities, including, without limitation, the sale of media rights; 12. To operate, or contract for the operation of, concession services at any participating olympic facility or the Belleayre Mountain ski center; 13. To contract for and to accept any gifts or grants, subsidies, or loans of funds or property or financial or other aid in any form from the federal or state government or any agency or instrumentality thereof, or from any other source, public or private, and to comply, subject to the provisions of this title, with the terms and conditions thereof; provided however, the authority shall not contract for the payment of debt evidenced by bonds or notes or other evidence of indebtedness issued by any public corporation for capital improvements either directly or through a lease purchase agreement with any public corporation without the prior approval of the public authorities control board; 14. To develop and construct, or participate in the development and construction of, a facility or facilities, whether or not to be owned by the authority, and to operate, maintain and manage any such facilities, for the training and housing of amateur athletes in connection with the United States olympic training center program and the authority's conduct of national and international sports events; 15. To procure insurance against any loss or liability in connection with the use, management, maintenance and operation of the participating olympic facilities and/or Belleayre Mountain ski center, in such amounts

7 and from such insurers, subject to public bidding as it deems desirable; and 16. To do all things necessary, convenient or desirable to carry out its purposes and for the exercise of the powers granted in this title Agreement with the park district. 1. The specific terms of the agreement shall not exceed twenty years and shall be negotiated between the authority and the park district with respect to all participating olympic facilities owned by the park district, and shall include but not be limited to, the ski jump facilities located at Intervale and the speed skating and arena complex located in the village of Lake Placid. 2. The agreement between the authority and the park district shall provide the following: (a) The authority shall receive the participating olympic facility, including any personal property and equipment owned by the park district and used solely in connection therewith, which is the subject matter of the agreement in its condition at the time of the commencement of the agreement. (b) The authority shall agree to continue to provide at the participating olympic facility the space, facilities and the level of local recreation, including youth sports training, promotion and programming, as was provided by the park district during the year immediately preceding the execution of the agreement. (c) The authority shall comply with (1) all agreements existing on the effective date of this title affecting the participating olympic facility, provided such existing agreements are listed in the agreement with the park district, and (2) all agreements entered into by the park district after the effective date of this title which affect the participating olympic facility, provided such agreements are first approved by the director of the budget. (d) Upon termination of the agreement, the personal property, including replacements and/or substitutions therefor, which is owned by the authority and used solely in connection with the participating olympic facility which is the subject matter of the agreement shall pass to and be vested in the park district. Such personal property shall be accepted by the park district in its condition at the time of such termination. (e) The authority shall maintain and keep the participating olympic facility, including the personal property and equipment used solely in connection therewith, in good repair, provided that the authority shall not be required to repair any damage to the participating olympic facility, including the personal property and equipment used solely in connection therewith, existing at the time the authority enters into the agreement unless funds are made available to the authority therefor. (f) The authority may make improvements to the participating olympic facility to the extent that federal funds are made available for such purpose. (g) The authority may terminate its agreement with the park district if the park district fails to carry out all of the provisions of the agreement or fails to appropriate and pay (1) in the first full fiscal year of the authority following the execution of the agreement an amount to be agreed upon by the park district and the authority, which amount shall be equal to the total cost of operating the participating olympic facility which is the subject matter of the agreement in the first full fiscal year of the park district immediately preceding execution of the agreement, less all income received by the park district from the

8 operation of the participating olympic facility in such year; and (2) in each fiscal year thereafter an amount equal to the appropriation made to the authority as provided in subparagraph one of this paragraph in the first full fiscal year following execution of the agreement, plus such amount multiplied by the percentage increase of the park district's full tax assessment of real property within its taxing district for the fiscal year for which the appropriation is made over the full tax assessment in the first full fiscal year following execution of the agreement. (h) The park district and the authority shall agree on the dates that the park district shall provide such appropriation to the authority. (i) The park district may terminate its agreement with the authority if the park district fails to approve the budget of the authority as it pertains to the operation of participating olympic facilities or if the state fails to appropriate and pay funds as provided in paragraph (g) of subdivision two of section twenty-six hundred fourteen of this title Appropriations by the park district. 1. On or before August fifteenth, nineteen hundred eighty-one, and on each August fifteenth thereafter, the chairman of the authority, for the approval by the park district, shall make and deliver to the official designated by the park district a budget for the operation of participating olympic facilities by the authority for the forthcoming fiscal year of the state. The budget shall delineate the total amount needed for authority purposes, including the funds required by the authority for operation of the participating olympic facilities pursuant to agreements made in accordance with sections twenty-six hundred twelve and twenty-six hundred fourteen of this title, the source of all funds that the authority expects to receive and such other information as such official of the park district shall require. The park district shall approve the budget for the operation of participating olympic facilities by the authority if the park district determines that the budget demonstrates that the authority, without operating at a deficit, can continue in the forthcoming fiscal year of the state in the exercise of its corporate purposes, powers, duties and functions with the appropriations from the state and the park district in the amounts determined in accordance with sections twenty-six hundred twelve and twenty-six hundred fourteen of this title and income received by the authority from other sources. 2. The park district may appropriate and provide to the authority an amount of money determined in accordance with subparagraphs one and two of paragraph (g) of subdivision two of section twenty-six hundred twelve of this title. The park district shall notify the state director of the budget not later than October first of each year whether or not it has approved the budget, made an appropriation to the authority and if such appropriation is made, the amount thereof Agreements with the state. 1. The specific terms of each agreement shall be negotiated between the authority and any state agency which administers or supervises a participating olympic facility owned by the state of New York. 2. Each such agreement shall provide the following: (a) The authority shall receive the participating olympic facility, including the personal property and equipment used solely in connection therewith, which is the subject matter of this agreement in its condition at the time of the commencement of the agreement. (b) The authority shall agree to continue to provide at the

9 participating olympic facility the space, facilities and the level of public recreation, including youth sports training, promotion and programming, as was provided by the state agency operating said facility during the year immediately preceding the execution of the agreement. (c) The authority shall comply with all agreements executed by the state affecting the participating olympic facility existing at the time the authority enters into the agreement with the state, provided such existing agreements are listed in the agreement with the state. (d) Upon termination of the agreement, the personal property, including replacements and/or substitutions therefor, which is owned by the authority and used solely in connection with the participating olympic facility which is the subject matter of the agreement shall pass to and be vested in the state. Such personal property shall be accepted by the state in its condition at the time of such termination. (e) The authority shall maintain and keep the participating olympic facility, including the personal property and equipment used solely in connection therewith, in good repair, provided that the authority shall not be required to repair any damage to the participating olympic facility, including the personal property and equipment used solely in connection therewith, existing at the time the authority enters into the agreement unless funds are made available to the authority therefor. (f) The authority may make improvements to the participating olympic facility to the extent that federal funds are made available for such purpose. (g) The authority may terminate its agreement with the state, if the state fails to carry out all of the provisions of the agreement or fails to appropriate and pay in each fiscal year of the state commencing with the fiscal year beginning April first, nineteen hundred eighty-two, the amount expended by the department of environmental conservation for the operation of the olympic facilities in the fiscal year immediately preceding the execution of said agreement, plus an amount supplied by a formula to be agreed upon by the parties which will reflect the legitimate and necessary net cost increases which may occur over the life of such agreement. (h) The state may terminate its agreement with the authority if the director of the budget shall not approve the budget of the authority or if the park district fails to appropriate and pay funds as provided in subparagraphs one and two of paragraph (g) of subdivision two of section twenty-six hundred twelve of this title. (i) To the extent the authority is not covered by insurance, the authority shall be held harmless by the state for any and all claims for damages or injuries arising out of the operation by the authority of any participating olympic facility owned by the state. 3. The authority shall enter into an agreement with the department of environmental conservation for the authority to operate, maintain and manage the Gore Mountain ski center located in the town of Johnsburg, county of Warren, state of New York. The specific terms of such agreement shall be negotiated by the authority and the department and shall include those provisions set forth in subdivision two of this section for inclusion in agreements with the state. Such agreement shall also provide that the authority may terminate the agreement if the state fails to appropriate and pay to the olympic regional development authority for the five consecutive fiscal years from April first, nineteen hundred eighty-five, through March thirty-first, nineteen hundred ninety for the operation of Gore Mountain, an amount at least equal to the amount of funds appropriated and paid to the authority for the operation of Gore Mountain ski center for the fiscal year of the

10 state beginning April first, nineteen hundred eighty-four, plus an amount supplied by the formula agreed to by the parties pursuant to paragraph (g) of subdivision two of this section. All of the powers of the authority provided by this title or any other law, including those pertaining to participating olympic facilities, shall apply in connection with such agreement and the operation and management of the Gore Mountain ski center. 4. The authority shall enter into an agreement with the department of environmental conservation for the authority to operate, maintain and manage the Belleayre Mountain ski center located in Ulster and Delaware counties, state of New York. The specific terms of such agreement shall be negotiated by the authority and the department and shall include those provisions set forth in subdivision two of this section for inclusion in agreements with the state. Such agreement shall include provisions to assure the continued viability of Belleayre as an attractive year-round tourist destination by, at a minimum, maintaining a level of capital investment, maintenance and operating support, consistent with the historical operating support, capital investment and maintenance provided by the department at Belleayre so that Belleayre Mountain ski center may be operated, maintained and improved in a similar manner to that of Whiteface and Gore Mountain ski centers. In addition, such agreement shall include provisions ensuring that the authority dedicate and utilize, for the operation, capital support and maintenance of Belleayre Mountain ski center: funds appropriated for the operation, maintenance and/or improvements of Belleayre Mountain ski center, revenue received as a result of Belleayre Mountain ski center operations, and monies received or intended from other sources and accounts that are intended for Belleayre Mountain ski center. All powers of the authority provided by this title or any other law, including those pertaining to participating olympic facilities, shall apply in connection with the operation and management of the Belleayre Mountain ski center. 5. The authority is hereby authorized to enter into an agreement with the town of Johnsburg, Warren county to operate and manage town-owned ski and recreational facilities on town property in such town. The specific terms of such agreement shall be negotiated by the authority and the town and shall include those provisions set forth in subdivision two of this section for inclusion in such agreement with the town. All of the powers of the authority provided by this title or any other law, including those pertaining to participating olympic facilities, shall apply in connection with such agreement and the operation and management of such facilities Assistance by state officers, departments, boards and commissions. All officers, departments, boards, agencies, divisions and commissions of the state may render any services to the authority as are within the area of their respective governmental functions as fixed by law and as may be requested by the authority, and shall comply promptly with any reasonable request by the authority Appropriations by the state. 1. Notwithstanding the provisions of any general or special law, the director of the budget shall transfer to the authority from funds appropriated to the department of environmental conservation for the fiscal year beginning April first, nineteen hundred eighty-one, the amount necessary including an amount for general state charges to provide for the operation of participating

11 olympic facilities pursuant to agreements made with state agencies in accordance with section twenty-six hundred fourteen of this title. 2. On or before August fifteenth, nineteen hundred eighty-one, and on each August fifteenth thereafter the chair of the authority shall make and deliver to the director of the budget for his or her approval and for submission to the legislature a budget for the operation of the authority for the forthcoming fiscal year of the state. The chair of the authority shall deliver a copy of such budget to the chair of the senate finance committee and the chair of the assembly ways and means committee at the same time that the budget is delivered to the director of the budget. The budget shall delineate the total amount needed for authority purposes, including the funds required by the authority for operation of the olympic facilities, the Gore Mountain ski center and the Belleayre Mountain ski center pursuant to agreements made in accordance with sections twenty-six hundred twelve and twenty-six hundred fourteen of this title, the source of all funds that the authority expects to receive and such other information as the director of the budget shall require. The director of the budget shall approve the budget for the operation of the authority and the governor shall recommend in his or her annual budget appropriations to the authority if the director of the budget determines that the budget demonstrates that the authority, without operating at a deficit, can continue in the forthcoming fiscal year of the state, in the exercise of its corporate purposes, powers, duties and functions with the appropriations from the state and park district in the amounts determined in accordance with sections twenty-six hundred twelve and twenty-six hundred fourteen of this title and income received by the authority from other sources. The director of the budget shall notify the park district, the chair of the senate finance committee and the chair of the assembly ways and means committee not later than October first of each year whether or not he has approved the budget. 3. The state may appropriate and provide to the authority an amount of money determined in accordance with paragraph (g) of subdivision two and with subdivision three of section twenty-six hundred fourteen of this title. 4. To further assist the authority in carrying out its corporate purposes, the governor shall recommend to the legislature in his annual budget appropriation of such funds as may be available for such purposes from the earnings and accumulated income upon the principal of the winter sports education trust fund, pursuant to subdivision four of section four hundred ninety-five-a of the education law. 5. Notwithstanding the provisions of any general or special law, no part of such appropriations shall be available for the purposes designated until a certificate of approval of availability shall have been issued by the director of the budget and a copy of such certificate is filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such certificate may be amended from time to time, subject to the approval of the director of the budget, and a copy of each such amendment shall be filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. 6. Notwithstanding the provisions of section four hundred ninety-five-a of the education law, the sum of seven hundred fifty thousand dollars ($750,000), is hereby appropriated to the authority from the accumulated earnings upon the principal of the winter sports education trust fund.

12 2617. Moneys of the authority. 1. The moneys of the authority shall be retained by it and deposited in a general account and such other accounts as the authority may deem necessary for the transaction of its business, and shall be paid out on checks signed by the president/chief executive officer of the authority or by such other members or officers as the authority may authorize. 2. The comptroller of the state and his legally authorized representatives are hereby authorized and empowered from time to time to examine the accounts and books of the authority including its receipts, disbursements, contracts, investments and any other matters relating to its financial standing Property and income of the authority. 1. The property of the authority and its income and operations shall be exempt from assessments of every kind and nature. 2. The authority may receive, accept, invest, administer, expend and disburse for its corporate purposes appropriations from the state and the park district, and other revenues and moneys made available or to be made available to it from any or all sources public or private. 3. Any such moneys of the authority not required for immediate use may, at the discretion of the authority, be invested pursuant to the provisions of section ninety-eight-a of the state finance law. 4. The authority shall accept from the New York state urban development corporation, created by chapter one hundred seventy-four of the laws of nineteen hundred sixty-eight, constituting the New York state urban development corporation act, all of the personal property acquired by it from Lake Placid nineteen hundred eighty Olympic Organizing Games, Inc Capital repair and improvement account. At the end of any authority fiscal year the members of the authority shall deposit not less than twenty-five percent of the profits, if any, of the preceding year's operations into a sinking fund for capital improvements. At the discretion of the members, the authority may undertake capital improvements and major repairs to the participating olympic facilities, to the Belleayre Mountain ski center, and to the Gore Mountain ski center; provided, however, that no such repairs may be undertaken without specific written approval by the entity which contracted with the authority for the operation of said facility. Any such repairs or improvements to real property shall upon completion become the property of and be vested in the owners of said real property. In the event of termination of the authority, the state and the park district each shall receive fifty percent of all moneys in the sinking fund. If an agreement between the authority and the park district or the state shall be terminated, the park district or the state, as the case may be, shall receive that portion of the moneys in the sinking fund it would have received if the authority were terminated as of the date of the termination of the agreement Public bidding. 1. Construction contracts let by the authority shall be in conformity with the applicable provisions of sections one hundred thirty-five and one hundred forty-four of the state finance law. 2. The authority may assign contracts for supervisions and coordination to the successful bidder for any subdivision of work for which the authority receives bids. Any construction contract award by

13 the authority shall contain such other terms and conditions as the authority may deem desirable. The authority shall not award any construction contract except to the lowest bidder who, in its opinion, is qualified to perform the work required and who is responsible and reliable. The authority may, however, reject any or all bids or waive any informality in a bid if it reasonably believes that the public interest will be promoted thereby. The authority may reject any bid if, in its judgment, the business and technical organization, plant, resources, financial standing, or experience of the bidder justifies such rejection in view of the work to be performed Annual report. The authority shall submit to the governor, the chairman of the senate finance committee, the chairman of the assembly ways and means committee, the comptroller, the director of the budget, the supervisor of the town of Johnsburg, the supervisor of the town of Shandaken, the supervisor of the town of Middletown, and the supervisor of the town of North Elba within ninety days after the end of its fiscal year, a complete and detailed report setting forth: (1) its operations and accomplishments and (2) its receipts and expenditures during such fiscal year in accordance with the categories or classifications established by the authority for its operating and capital outlay purposes. Such report shall not be required to be submitted in print if the recipient of the report agrees to accept such report in electronic format Actions. 1. In any case founded upon tort a notice of claim shall be required as a condition precedent to the commencement of an action or special proceeding against the authority or any officer, appointee or employee thereof, and the provisions of section fifty-e of the general municipal law shall govern the giving of such notice. 2. Except in an action for wrongful death, no action shall be commenced (a) prior to the expiration of thirty days from the date on which the demand claim or claims upon which the action is founded were presented to a member of the authority or other officer thereof designated for such purpose; nor (b) more than one year and ninety days after the cause of action therefor shall have accrued. An action against the authority for wrongful death shall be commenced in accordance with the notice of claim and time limitation provisions of title eleven of article nine of this chapter. 3. The venue of any action or proceeding against the authority or its members, officers, employees or agents, or in which any question arises as to the validity of any section of this act, shall be laid in the county in which the principal office of the authority is located. 4. Notwithstanding subdivision three of this section, exclusive jurisdiction is hereby conferred upon the court of claims to hear and determine any claim of any person brought hereafter against the authority to recover damages for injuries to property or for personal injury arising out of the operation by the authority of any participating olympic facility owned by the state or of the Belleayre Mountain ski center or of the Gore mountain ski center, in the same manner and to the extent provided and subject to the provisions of the court of claims act with respect to claims against the state, and to make awards and render judgments therefor. The payment of awards and judgments for any such claims brought in the supreme court pursuant to this title or in the court of claims shall be made from appropriations for judgments against the state pursuant to section twenty of the court

14 of claims act Limitation of liability. 1. Neither the members of the authority, nor any person or persons acting in its behalf, while acting within the scope of their authority, shall be subject to any personal liability resulting from carrying out any of the powers of this title. 2. The provisions of section seventeen of the public officers law shall apply to members, officers, and employees and agents of the authority in connection with any and all claims, demands, suits, actions or proceedings which may be made or brought against any of them arising out of any determination made or actions taken or omitted to be taken in compliance with any obligations under or pursuant to the terms of this title Exemption from taxation. 1. It is hereby determined that the creation of the authority and the conduct of its corporate purposes is in all respects for the benefit of the people of this state and the United States, and is a public purpose, and the authority shall be regarded as performing a governmental function in the exercise of the powers conferred upon it by this title. 2. The authority, its operations, property and moneys shall be free from taxation of every kind and nature by a public corporation, the state and any subdivision thereof Inconsistent provisions of other laws superseded. Insofar as the provisions of this title are inconsistent with the provisions of any other law, general, special or local, the provisions of this title shall be controlling Construction. This title, being necessary for the welfare of the state and its inhabitants, shall be liberally construed so as to effectuate its purpose Separability. If any clause, sentence, paragraph, section or part of this title shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered Temporary assignment and transfer of employees. Whenever in the opinion of the authority it would be in the public interest, it may, after prior approval of the director of the budget, request the temporary assignment and transfer of certain employees of any board, commission, agency or department of the state or its political subdivisions, and said board, commission, agency or department shall, if in its opinion such transfer will not interfere with the performance of its duties and functions, make such assignment and transfer of said employees to the authority for a period of up to one year, with one extension of one year permitted if the authority so requests and said board, commission, agency or department which permanently employs such person consents. Such assignment and transfer or extension thereof shall not in any way affect the civil service status, continuity of service, retirement plan status, rights to compensation, grade or compensation or other rights or privileges of any employee so transferred. Any employee

15 transferred under the authority of this section shall be paid as total reimbursement for expenses in the course of their duties incurred only the actual and necessary expenses incurred up to the maximum rates as established by the New York state department of audit and control Transfer of officers and employees. 1. Upon execution of the agreements for operation of the olympic facilities and the Gore Mountain ski center made pursuant to sections two thousand six hundred twelve and two thousand six hundred fourteen of this title, those employees of the state and the park district who are determined by the authority to be essential to the operation of the olympic facilities and the Gore Mountain ski center shall, with the approval of the employer and the employee, be transferred to the employment of the authority and shall be eligible for such transfer and appointment without examination to comparable offices, positions and employment under the authority. The salary or compensation of any such officer or employee shall, after such transfer, be paid by the authority. Notwithstanding the provisions of this act, any such officers or employees so transferred to the authority, pursuant to the provisions of this section, who are members of or beneficiaries under any existing pension or retirement system, shall continue to have all rights, privileges, obligations and status with respect to such fund system or systems as are prescribed by law, but during the period of their employment by the authority, all contributions to any pension or retirement fund or system to be paid by the employer on account of such officers or employees, shall be paid by the authority; and all such officers and employees who have been appointed to positions under the rules and classifications of the state civil service commission shall have the same status with respect thereto after transfer to the authority as they had under their original appointments. 2. (a) Within thirty days of execution of the agreement, entered into pursuant to subdivision four of section twenty-six hundred fourteen of this title, provision shall be made for the transfer to the olympic regional development authority of all current employees engaged in carrying out such functions with respect to the operation, maintenance and management of the Belleayre Mountain ski center. Such employees shall be transferred without further examination or qualifications and shall retain their respective civil service classifications, status, salary, wages and negotiating unit, if any. No individual who is transferred shall gain any additional rights as a result of such transfer. However, once the employment of any transferred employee who is currently placed within a negotiating unit as defined by article fourteen of the civil service law is terminated or otherwise ceases, by any means, any individual hired to fill such vacancy shall not be placed in the same negotiating unit of the former incumbent but rather shall be placed in the negotiating unit that contains employees of the authority. (b) The salary or compensation of any such employees, after such transfer, shall be paid by the authority. Notwithstanding the provisions of this section, any such employees so transferred to the authority, pursuant to the provisions of this section, who are members of or beneficiaries under any existing pension or retirement system, shall continue to have all rights, privileges, obligations and status with respect to such fund system or systems as are prescribed by law, but during the period of their employment by the authority, all contributions to any pension or retirement fund or system to be paid by the employer on account of such employees, shall be paid by the authority.