S T A T E O F N E W Y O R K
________________________________________________________________________
8487
2011-2012 Regular Sessions
I N A S S E M B L Y
June 17, 2011
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the transportation law, the executive law and the public
authorities law, in relation to authorzing innovative infrastructure
development
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "innova-
2 tive infrastructure development act".
3 S 2. The transportation law is amended by adding a new article 24 to
4 read as follows:
5 ARTICLE 24
6 INNOVATIVE INFRASTRUCTURE DEVELOPMENT
7 SECTION 500. DEFINITIONS.
8 501. AUTHORITY OF THE COMMISSIONER.
9 502. TRANSPORTATION INFRASTRUCTURE PROJECTS.
10 503. COST ANALYSIS.
11 504. PREPARATION OF PRELIMINARY SOLICITATIONS.
12 505. PRELIMINARY ACCEPTANCE OF BEST VALUE PROPOSALS.
13 506. GENERAL PROVISIONS.
14 507. AGREEMENTS.
15 508. REVENUES.
16 509. CONDEMNATION AND OPERATION IN THE EVENT OF A DEFAULT.
17 510. FEDERAL, STATE AND LOCAL ASSISTANCE.
18 511. POLICE POWERS; VIOLATIONS OF LAW.
19 512. POWERS AND DUTIES OF THE PRIVATE ENTITY.
20 513. CONFIDENTIALITY.
21 514. SEVERABILITY CLAUSE.
22 S 500. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS A DIFFERENT MEAN-
23 ING APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL MEAN:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11455-04-1
A. 8487 2
1 1. "PRIVATE ENTITY" MEANS ANY ASSOCIATION, CORPORATION, LIMITED
2 LIABILITY COMPANY, PARTNERSHIP, FIRM, BUSINESS TRUST, JOINT VENTURE, NOT
3 FOR PROFIT ENTITY, FUND OR OTHER PRIVATE BUSINESS ENTITY.
4 2. "PUBLIC ENTITY" MEANS THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER
5 STATE, ANY BI-STATE AUTHORITY OR COMMISSION, ANY MULTI-STATE AUTHORITY
6 OR COMMISSION, ANY MULTI-NATIONAL AUTHORITY OR COMMISSION, ANY NATION,
7 ANY PROVINCE, OR ANY AGENCY, COMMISSION, PUBLIC AUTHORITY, PUBLIC BENE-
8 FIT CORPORATION, POLITICAL SUBDIVISION OR MUNICIPALITY THEREOF, OR ANY
9 OTHER GOVERNMENTAL ENTITY, OR ANY COMBINATION OF ANY OF THE FOREGOING.
10 3. "TRANSPORTATION INFRASTRUCTURE" MEANS (A) HIGHWAYS, RAILROADS,
11 AIRPORTS, TRANSIT FACILITIES, BUSES, FERRIES, BRIDGES, TUNNELS, TRACKS,
12 VEHICLES, PORTS, ROLLING STOCK, EQUIPMENT, PARKING FACILITIES, TRANSIT
13 STATIONS, BUS STATIONS, INTERMODAL CENTERS, TERMINALS, REST AREAS,
14 TRANSPORTATION MANAGEMENT AND INFORMATION SYSTEMS, INTELLIGENT TRANSPOR-
15 TATION SYSTEMS, LAND USE CONTROL AND DEVELOPMENT, FUEL STORAGE, ENERGY
16 SYSTEMS, SECURITY SYSTEMS, SEISMIC CONTROL SYSTEMS, UTILITY RELOCATION,
17 AND RIGHTS-OF-WAY ASSOCIATED WITH EACH MODE OR FACILITY AND RELATED
18 FACILITIES AND SYSTEMS, AND; (B) SERVICES FOR THE MOVEMENT OF PEOPLE,
19 VEHICLES, GOODS OR INFORMATION ON, BY OR THROUGH THE USE OF THOSE ITEMS
20 SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND SHALL INCLUDE
21 SERVICES PROVIDED PURSUANT TO TRANSPORTATION INFRASTRUCTURE AGREEMENTS.
22 5. "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT
23 ENTERED INTO BY THE COMMISSIONER PURSUANT TO SECTION FIVE HUNDRED ONE OF
24 THIS ARTICLE.
25 6. "TRANSPORTATION INFRASTRUCTURE PROJECT" SHALL MEAN THE PLANNING,
26 ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION,
27 RECONSTRUCTION, RESTORATION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT,
28 RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERATION, MAINTENANCE,
29 DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION INFRASTRUCTURE.
30 7. "BOARD" SHALL MEAN THE INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD
31 AS ESTABLISHED BY SECTION NINE HUNDRED THIRTY OF THE EXECUTIVE LAW.
32 S 501. AUTHORITY OF THE COMMISSIONER. NOTWITHSTANDING THE PROVISIONS
33 OF ANY LAW TO THE CONTRARY, THE COMMISSIONER IS AUTHORIZED TO ENTER INTO
34 TRANSPORTATION INFRASTRUCTURE AGREEMENTS, ON SUCH TERMS AND CONDITIONS
35 AS THE COMMISSIONER DEEMS APPROPRIATE AND SUBJECT TO THE APPROVAL OF THE
36 DIRECTOR OF THE BUDGET AND THE BOARD, AND IN ACCORDANCE WITH SECTION ONE
37 HUNDRED TWELVE OF THE STATE FINANCE LAW, WITH PUBLIC AND/OR PRIVATE
38 ENTITIES TO PROVIDE FOR, OR IN SUPPORT OF, OR ASSOCIATED WITH TRANSPOR-
39 TATION INFRASTRUCTURE PROJECTS. IN FURTHERANCE OF SUCH AGREEMENTS, THE
40 COMMISSIONER MAY:
41 1. ACCEPT, IN ACCORDANCE WITH THE STATE FINANCE LAW AND THE PUBLIC
42 OFFICERS LAW, ANY APPROPRIATION, GRANT OR OFFER OF FUNDS OR PROPERTY OR
43 OTHER FORMS OF ASSISTANCE FOR THE PURPOSES OF THIS ARTICLE FROM ANY
44 PUBLIC AND/OR PRIVATE ENTITY AND COMPLY WITH THE TERMS AND CONDITIONS
45 THEREOF;
46 2. ACCEPT, PURSUANT TO THE TERMS OF A TRANSPORTATION INFRASTRUCTURE
47 AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION, PROPERTY OR ANY INTER-
48 ESTS THEREIN AND TRANSPORTATION INFRASTRUCTURE TO BE MAINTAINED AS PART
49 OF THE STATE'S TRANSPORTATION SYSTEM. ANY SUCH INTEREST IN TRANSPORTA-
50 TION INFRASTRUCTURE SO ACQUIRED SHALL BE DEEMED TO HAVE BEEN ACQUIRED BY
51 THE COMMISSIONER PURSUANT TO SECTION THIRTY OF THE HIGHWAY LAW;
52 3. UTILIZE ANY OF THE POWERS OR AUTHORITY OF THE COMMISSIONER TO
53 ACHIEVE THE PURPOSES OF THIS ARTICLE;
54 4. FINANCE ALL OR ANY PART OF THE COSTS TO THE DEPARTMENT OR TO ANY
55 PUBLIC AND/OR PRIVATE ENTITY OF ANY TRANSPORTATION INFRASTRUCTURE
56 PROJECT, INCLUDING FINANCING THROUGH OR ACCOMPANIED BY ONE OR MORE LEAS-
A. 8487 3
1 ES OR CONCESSIONS OF SUCH PROJECT OR ANY PART THEREOF BY OR TO SUCH
2 ENTITY OR ENTITIES AND/OR BY OR TO THE DEPARTMENT; AND
3 5. UTILIZE THE COMMISSIONER'S EMINENT DOMAIN POWERS PURSUANT TO THE
4 HIGHWAY LAW AND THE EMINENT DOMAIN PROCEDURE LAW, ON SUCH TERMS AND
5 CONDITIONS AS THE COMMISSIONER DEEMS APPROPRIATE, TO ACQUIRE PROPERTY
6 REQUIRED FOR TRANSPORTATION INFRASTRUCTURE PROJECTS THAT ARE THE SUBJECT
7 OF TRANSPORTATION INFRASTRUCTURE AGREEMENTS WITH THE COMMISSIONER PURSU-
8 ANT TO THIS SECTION.
9 S 502. TRANSPORTATION INFRASTRUCTURE PROJECTS. 1. TRANSPORTATION
10 INFRASTRUCTURE PROJECTS PROVIDED PURSUANT TO A TRANSPORTATION INFRAS-
11 TRUCTURE AGREEMENT SHALL NOT BE SUBJECT TO THE PROVISIONS OF ANY LOCAL
12 LAW, LAND USE REVIEW REQUIREMENTS, REAL PROPERTY TAX OR ANY OTHER LOCAL
13 TAX.
14 2. WHENEVER A TRANSPORTATION INFRASTRUCTURE PROJECT INVOLVES THE
15 CONSTRUCTION, RECONSTRUCTION OR IMPROVEMENT OF A STATE HIGHWAY, WHICH IS
16 NOW OR WHICH SHALL HEREAFTER BE DESIGNATED IN SECTION THREE HUNDRED
17 FORTY-ONE OF THE HIGHWAY LAW, SHALL PROVIDE FOR THE RELOCATION OF SUCH
18 STATE HIGHWAY OR PORTION THEREOF ON A LOCATION WHICH DEVIATES FROM THE
19 LOCATION OF THE EXISTING HIGHWAY FOR A CONTINUOUS LENGTH IN EXCESS OF
20 ONE MILE AS MEASURED ALONG THE CENTER LINE OF THE EXISTING HIGHWAY, THE
21 COMMISSIONER SHALL BEFORE FILING THE DESCRIPTIONS AND THE ORIGINAL TRAC-
22 INGS OF ANY MAPS OR PROCEEDING WITH THE ACQUISITION OF PROPERTY OR THE
23 WORK OF CONSTRUCTION, RECONSTRUCTION OR IMPROVEMENT, TRANSMIT SUCH PLANS
24 TO THE BOARD OF SUPERVISORS OF EACH COUNTY IN WHICH SUCH RELOCATION OR
25 ANY PORTION THEREOF IS SITUATED. IN CASE THE RELOCATION OR ANY PORTION
26 THEREOF AS PROPOSED, IS SITUATED IN A COUNTY OTHER THAN THE COUNTY IN
27 WHICH THE EXISTING HIGHWAY OR PORTION THEREOF IS LOCATED, SUCH PLANS
28 SHALL BE TRANSMITTED TO BOTH OF SUCH COUNTIES AND SHALL BE SUBJECT TO
29 REVIEW BY EACH OF SUCH COUNTIES IN THE MANNER AS HEREINAFTER PROVIDED.
30 THE BOARD OF SUPERVISORS, AFTER THE RECEIPT OF SUCH PLANS, MAY CONDUCT A
31 PUBLIC HEARING OR HEARINGS UPON SUCH NOTICE AS SUCH BOARD OF SUPERVISORS
32 SHALL DEEM REASONABLE, BUT NOT LESS THAN TEN DAYS, TO THE COMMISSIONER
33 AND TO SUCH OTHER PARTY OR PARTIES DEEMED BY SAID BOARD OF SUPERVISORS
34 TO BE INTERESTED IN THE PROJECT. IN ANY EVENT, AND WITHIN FORTY-FIVE
35 DAYS AFTER RECEIPT OF THE PLANS, THE BOARD OF SUPERVISORS SHALL, BY
36 RESOLUTION, DULY ADOPTED BY A MAJORITY VOTE OF ITS MEMBERS, PROVIDE A
37 RECOMMENDATION OF APPROVAL, DISAPPROVAL OR MODIFICATION IN SUCH PLANS AS
38 THE PUBLIC INTEREST SHALL REQUIRE. SUCH RESOLUTION SHALL BE FORWARDED TO
39 THE COMMISSIONER WITHIN FIVE DAYS OF ADOPTION. IN CASE SUCH RELOCATION
40 IS SITUATED IN TWO OR MORE COUNTIES, SUCH RESOLUTION MUST BE SEPARATELY
41 ADOPTED BY THE BOARD OF SUPERVISORS OF EACH COUNTY AS TO THE RELOCATION
42 SITUATED THEREIN. THE FORM OF THE RESOLUTION SHALL BE PRESCRIBED BY THE
43 COMMISSIONER. THE COMMISSIONER SHALL IN REVIEWING ANY TRANSPORTATION
44 INFRASTRUCTURE PROJECT PROPOSAL SUBJECT TO THIS SUBDIVISION TAKE ANY
45 RESOLUTION ADOPTED PURSUANT TO THIS SUBDIVISION INTO CONSIDERATION. UPON
46 THE FAILURE OR OMISSION OF ANY BOARD OF SUPERVISORS TO ACT WITHIN THE
47 TIME AND MANNER HEREIN REQUIRED, THE SAID PLANS SHALL BE DEEMED TO BE
48 ACCEPTABLE SO FAR AS SUCH BOARD OF SUPERVISORS IS CONCERNED.
49 S 503. COST ANALYSIS. PRIOR TO ANY SOLICITATION OF PROPOSALS MADE
50 PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW, THE
51 COMMISSIONER SHALL CONDUCT A STUDY AND ISSUE A REPORT WHICH SHALL DETAIL
52 THE RISK ADJUSTED ESTIMATED LIFE OF PROJECT COST FOR THE PROPOSED TRANS-
53 PORTATION INFRASTRUCTURE PROJECT WERE THE DEPARTMENT TO UNDERTAKE SUCH
54 PROJECT THROUGH TRADITIONAL MEANS OF PROCUREMENT AND FINANCING.
55 S 504. PREPARATION OF PRELIMINARY SOLICITATIONS. NOTWITHSTANDING ANY
56 PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER IS AUTHORIZED TO
A. 8487 4
1 PREPARE PRELIMINARY SOLICITATIONS FOR THE PROVISION OF TRANSPORTATION
2 INFRASTRUCTURE PROJECTS. SUCH A SOLICITATION SHALL SET FORTH THE
3 PROPOSED PARAMETERS FOR THE TRANSPORTATION INFRASTRUCTURE PROJECT AND
4 SHALL BE SUBJECT TO APPROVAL OF THE BOARD PURSUANT TO SECTION NINE
5 HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
6 S 505. PRELIMINARY ACCEPTANCE OF BEST VALUE PROPOSALS. 1. AFTER A
7 SOLICITATION MADE PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE
8 EXECUTIVE LAW, THE COMMISSIONER SHALL REVIEW ALL PROPER PROPOSALS AND
9 MAY PRELIMINARILY ACCEPT AND ADVANCE TO THE BOARD FOR APPROVAL THE
10 PROPOSAL THAT IS DETERMINED BY THE COMMISSIONER TO BE THE BEST VALUE AS
11 DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
12 CONSIDERING THE FOLLOWING:
13 (A) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE
14 PROJECT;
15 (B) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES OF
16 THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT;
17 (C) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE
18 PROJECT AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS
19 CONNECTIONS TO OR ROLE WITHIN THE EXISTING TRANSPORTATION SYSTEM AND THE
20 COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE STATE AND OF ANY
21 AFFECTED LOCAL JURISDICTIONS;
22 (D) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT, CONSTRUCTION,
23 IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPORTATION INFRAS-
24 TRUCTURE PROJECT;
25 (E) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE
26 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE
27 PROJECT; AND
28 (F) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS-
29 FIES ANY OTHER CRITERIA ESTABLISHED IN THE SOLICITATION MADE PURSUANT TO
30 SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
31 2. THE COMMISSIONER SHALL NOT ACCEPT OR ADVANCE ANY PROPOSAL UNLESS
32 THE AGGREGATE LIFE OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE
33 PROJECT IS LESS THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE
34 PURSUANT TO SECTION FIVE HUNDRED THREE OF THIS ARTICLE.
35 S 506. GENERAL PROVISIONS. 1. NOTHING IN THIS ARTICLE SHALL BE
36 CONSTRUED TO REQUIRE THE COMMISSIONER OR BOARD TO ACCEPT ANY PROPOSAL,
37 OR ENTER INTO ANY AGREEMENT WITH ANY PUBLIC AND/OR PRIVATE ENTITY.
38 2. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO LIMIT THE APPLICABILITY
39 OF EXISTING POWERS AND AUTHORITY OF THE COMMISSIONER OR TO REQUIRE THE
40 COMMISSIONER TO ADVANCE ANY PROJECT THROUGH THE PROVISIONS OF THIS ARTI-
41 CLE.
42 3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART-
43 MENT MAY CONVEY ANY INTEREST IN PROPERTY UNDER THE JURISDICTION OF THE
44 DEPARTMENT TO A PUBLIC AND/OR PRIVATE ENTITY PURSUANT TO THE TERMS OF A
45 TRANSPORTATION INFRASTRUCTURE AGREEMENT ENTERED INTO PURSUANT TO SECTION
46 FIVE HUNDRED ONE OF THIS ARTICLE, PROVIDED HOWEVER THAT NO SUCH CONVEY-
47 ANCE SHALL BE A FEE SIMPLE ABSOLUTE AND ANY CONVEYANCE OF AN INTEREST IN
48 PROPERTY IN EXCESS OF THIRTY-FIVE YEARS SHALL REQUIRE APPROVAL BY A
49 SUPER-MAJORITY OF THE BOARD PURSUANT TO ARTICLE FORTY-THREE OF THE EXEC-
50 UTIVE LAW.
51 4. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS A WAIVER OF OR LIMI-
52 TATION UPON THE SOVEREIGN IMMUNITY OF THE STATE OR ANY INSTRUMENTALITY
53 THEREOF.
54 5. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND
55 REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS
56 ARTICLE.
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1 6. PROJECTS UNDERTAKEN BY THE COMMISSIONER PURSUANT TO THIS ARTICLE
2 SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE ENVIRON-
3 MENTAL CONSERVATION LAW, AND, WHERE APPLICABLE, THE REQUIREMENTS OF THE
4 NATIONAL ENVIRONMENTAL POLICY ACT.
5 S 507. AGREEMENTS. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA-
6 RY, THE COMMISSIONER, THROUGH TRANSPORTATION INFRASTRUCTURE AGREEMENTS
7 ENTERED INTO PURSUANT TO SECTION FIVE HUNDRED ONE OF THIS ARTICLE, MAY
8 PROVIDE FOR:
9 1. THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANAL-
10 YSIS, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, RESTORATION, ESTAB-
11 LISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERA-
12 TION, MAINTENANCE, DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION
13 INFRASTRUCTURE BY A SINGLE PUBLIC OR PRIVATE ENTITY OR COMBINATION OF
14 PUBLIC AND PRIVATE ENTITIES;
15 2. THE ALLOCATION OF RESPONSIBILITY AND TIMING FOR SPECIFIC PROJECT
16 ELEMENTS, REVENUE-SHARING ARRANGEMENTS, ALLOCATION OF FINANCIAL RESPON-
17 SIBILITY FOR COST OVERRUNS, ALLOCATION OF DEVELOPMENT COSTS, INSURANCE
18 OR SURETY REQUIREMENTS, LIABILITY FOR NON-PERFORMANCE, STANDARDS AND
19 INCENTIVES FOR PERFORMANCE, DEFAULT, TERMINATION, BUY-BACK, RENEGOTI-
20 ATION OR AMENDMENT CLAUSES, INSPECTION CLAUSES, FINANCIAL REPORTING,
21 ACCOUNTING AND AUDITING STANDARDS, ENVIRONMENTAL PERFORMANCE STANDARDS,
22 ANY OTHER RIGHTS AND DUTIES; AND
23 3. THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL OR NAVIGABLE
24 WATER COURSE OR RIGHT-OF-WAY, OR OTHER ROADWAY SO LONG AS THE CROSSING
25 DOES NOT UNREASONABLY INTERFERE WITH THE REASONABLE USE THEREOF.
26 S 508. REVENUES. ANY DEPARTMENT REVENUES DERIVED FROM ANY LEASE,
27 CONCESSION OR OTHER FINANCING STRUCTURE PURSUANT TO A TRANSPORTATION
28 INFRASTRUCTURE AGREEMENT MAY ONLY BE USED FOR THE PURPOSE OF THE DEVEL-
29 OPMENT OF TRANSPORTATION INFRASTRUCTURE.
30 S 509. CONDEMNATION AND OPERATION IN THE EVENT OF A DEFAULT. IN THE
31 EVENT A PUBLIC OR PRIVATE ENTITY DEFAULTS ON ITS OBLIGATIONS UNDER A
32 TRANSPORTATION INFRASTRUCTURE AGREEMENT ENTERED INTO PURSUANT TO SECTION
33 FIVE HUNDRED ONE OF THIS ARTICLE, THE COMMISSIONER WITH BOARD APPROVAL
34 IS HEREBY AUTHORIZED BUT NOT REQUIRED TO ACQUIRE, IN THE NAME OF THE
35 PEOPLE OF THE STATE, ALL OR ANY PORTION OF ANY TRANSPORTATION INFRAS-
36 TRUCTURE CONSTRUCTED OR UNDER CONSTRUCTION BY SUCH PUBLIC OR PRIVATE
37 ENTITY, WITH ANY DAMAGES SUFFERED TO THE STATE AS A RESULT OF SUCH
38 DEFAULT BEING AN OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION
39 OF THE TRANSPORTATION INFRASTRUCTURE. THE COMMISSIONER, WITH BOARD
40 APPROVAL, MAY ALSO TERMINATE THE TRANSPORTATION INFRASTRUCTURE AGREEMENT
41 AND EXERCISE ANY OTHER RIGHTS OR REMEDIES WHICH MAY BE AVAILABLE TO THE
42 DEPARTMENT AT LAW OR IN EQUITY. IN THE EVENT OF SUCH ACQUISITION AND
43 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT IS
44 HEREBY AUTHORIZED, BUT IS NOT REQUIRED, TO OPERATE AND MAINTAIN THE
45 TRANSPORTATION INFRASTRUCTURE.
46 S 510. FEDERAL, STATE AND LOCAL ASSISTANCE. 1. NOTWITHSTANDING ANY
47 PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER, IN RELATION TO
48 TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSUANT TO
49 SECTION FIVE HUNDRED ONE OF THIS ARTICLE, MAY:
50 (A) TAKE ANY ACTION TO OBTAIN FEDERAL, STATE OR LOCAL ASSISTANCE FOR A
51 TRANSPORTATION INFRASTRUCTURE PROJECT THAT SERVES THE PURPOSES OF THIS
52 ARTICLE AND MAY ENTER INTO ANY CONTRACTS REQUIRED TO RECEIVE SUCH
53 ASSISTANCE. THE COMMISSIONER MAY USE SUCH ASSISTANCE FOR THE IMPLEMENTA-
54 TION OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSU-
55 ANT TO SECTION FIVE HUNDRED ONE OF THIS ARTICLE.
A. 8487 6
1 (B) AGREE TO MAKE GRANTS OR LOANS OR OTHER FORMS OF ASSISTANCE FOR THE
2 DEVELOPMENT AND/OR OPERATION OF THE TRANSPORTATION INFRASTRUCTURE
3 PROJECT FROM TIME TO TIME FROM AMOUNTS RECEIVED FROM THE FEDERAL, STATE,
4 OR ANY LOCAL GOVERNMENT, OR ANY AGENCY OR INSTRUMENTALITY THEREOF.
5 2. NOTHING IN THIS ARTICLE OR IN A TRANSPORTATION INFRASTRUCTURE
6 AGREEMENT ENTERED INTO PURSUANT TO THIS ARTICLE SHALL BE DEEMED TO
7 ENLARGE, DIMINISH OR AFFECT THE AUTHORITY, IF ANY, CONCERNING THE DEBT
8 CAPACITY OF THE STATE OR ANY OTHER PUBLIC ENTITY.
9 S 511. POLICE POWERS; VIOLATIONS OF LAW. NOTWITHSTANDING ANY
10 PROVISIONS OF LAW TO THE CONTRARY:
11 1. ALL POLICE OFFICERS OF THE STATE AND OF EACH AFFECTED LOCAL JURIS-
12 DICTION, SHALL HAVE THE SAME POWERS AND JURISDICTION WITHIN THE LIMITS
13 OF THE TRANSPORTATION INFRASTRUCTURE AS THEY HAVE IN THEIR RESPECTIVE
14 AREAS OF JURISDICTION AND SUCH POLICE OFFICERS SHALL HAVE ACCESS TO THE
15 TRANSPORTATION INFRASTRUCTURE AT ANY TIME FOR THE PURPOSE OF EXERCISING
16 SUCH POWERS AND JURISDICTION. THIS AUTHORITY DOES NOT EXTEND TO THE
17 PRIVATE OFFICES, BUILDINGS, GARAGES, AND OTHER IMPROVEMENTS OF A PRIVATE
18 ENTITY TO ANY GREATER DEGREE THAN THE POLICE POWER EXTENDS TO ANY OTHER
19 PRIVATE BUILDINGS AND IMPROVEMENTS.
20 2. TO THE EXTENT THE TRANSPORTATION INFRASTRUCTURE IS A HIGHWAY, ROAD,
21 BRIDGE, TUNNEL, OVERPASS, OR SIMILAR TRANSPORTATION INFRASTRUCTURE FOR
22 MOTOR VEHICLES, THE TRAFFIC AND MOTOR VEHICLE LAWS GENERALLY APPLICABLE
23 TO SUCH INFRASTRUCTURE UNDER THE JURISDICTION OF THE DEPARTMENT SHALL
24 APPLY TO CONDUCT ON THE TRANSPORTATION INFRASTRUCTURE. PUNISHMENT FOR
25 OFFENSES SHALL BE AS PRESCRIBED BY LAW FOR CONDUCT OCCURRING ON SIMILAR
26 TRANSPORTATION INFRASTRUCTURE IN THE STATE.
27 S 512. POWERS AND DUTIES OF THE PRIVATE ENTITY. NOTWITHSTANDING ANY
28 PROVISIONS OF LAW TO THE CONTRARY:
29 1. THE PRIVATE ENTITY SHALL HAVE ALL POWER ALLOWED BY LAW GENERALLY TO
30 A PRIVATE ENTITY HAVING THE SAME FORM OF ORGANIZATION AS THE PRIVATE
31 ENTITY AND SHALL HAVE THE POWER TO DEVELOP, MAINTAIN AND/OR OPERATE THE
32 TRANSPORTATION INFRASTRUCTURE AND/OR ENTER INTO SERVICE CONTRACTS OR
33 OTHER AGREEMENTS IN CONNECTION WITH THE USE THEREOF.
34 2. THE PRIVATE ENTITY MAY LEASE OR ACQUIRE ANY OTHER RIGHT TO USE OR
35 DEVELOP, MAINTAIN AND/OR OPERATE THE TRANSPORTATION INFRASTRUCTURE
36 CONSISTENT WITH SUBDIVISION THREE OF SECTION FIVE HUNDRED SIX OF THIS
37 ARTICLE.
38 S 513. CONFIDENTIALITY. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED
39 PURSUANT TO THIS ARTICLE SHALL MAKE PROVISION FOR THE PROTECTION OF
40 INTERESTS AND RIGHTS IN INTELLECTUAL PROPERTY AND TRADE SECRETS AND
41 CONFIDENTIAL INFORMATION OTHERWISE PROTECTED BY STATE OR FEDERAL LAW.
42 S 514. SEVERABILITY CLAUSE. IF ANY SECTION, CLAUSE OR PROVISION OF
43 THIS ARTICLE SHALL BE DETERMINED TO BE UNCONSTITUTIONAL OR BE INEFFEC-
44 TIVE IN WHOLE OR IN PART, TO THE EXTENT THAT IT IS NOT UNCONSTITUTIONAL
45 OR INEFFECTIVE, IT SHALL BE VALID AND EFFECTIVE AND NO OTHER SECTION,
46 CLAUSE OR PROVISION SHALL, ON ACCOUNT THEREOF, BE DEEMED INVALID OR
47 INEFFECTIVE.
48 S 3. The executive law is amended by adding a new article 43 to read
49 as follows:
50 ARTICLE 43
51 INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD
52 SECTION 930. INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD.
53 931. POWERS AND DUTIES.
54 S 930. INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD. 1. THERE IS HEREBY
55 ESTABLISHED IN THE EXECUTIVE DEPARTMENT AN INNOVATIVE INFRASTRUCTURE
56 DEVELOPMENT BOARD ("BOARD") TO CONSIST OF NINE MEMBERS, WHO SHALL BE
A. 8487 7
1 APPOINTED AS FOLLOWS:(A) THREE SHALL BE APPOINTED BY THE GOVERNOR,
2 PROVIDED THAT ONE SHALL BE THE COMMISSIONER OF TRANSPORTATION AND OF THE
3 REMAINING TWO, ONE EACH SHALL BE FROM EACH OF THE TWO MAJOR POLITICAL
4 PARTIES; (B) TWO SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF THE
5 TEMPORARY PRESIDENT OF THE SENATE; (C) TWO SHALL BE APPOINTED ON THE
6 WRITTEN RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; (D) ONE SHALL BE
7 APPOINTED ON THE WRITTEN RECOMMENDATION OF THE MINORITY LEADER OF THE
8 SENATE; AND (E) ONE SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF
9 THE MINORITY LEADER OF THE ASSEMBLY.
10 2. THE GOVERNOR SHALL DESIGNATE THE CHAIR FROM AMONG THE MEMBERS OF
11 THE BOARD.
12 3. (A) AT LEAST ONE MEMBER EACH APPOINTED BY THE GOVERNOR, TEMPORARY
13 PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY SHALL BE AN EXPERT
14 IN TRANSPORTATION, AND/OR PUBLIC FINANCE AND/OR INFRASTRUCTURE MANAGE-
15 MENT.
16 (B) AT LEAST ONE MEMBER EACH APPOINTED BY THE GOVERNOR, TEMPORARY
17 PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY SHALL BE FROM THE
18 PRIVATE SECTOR, PROVIDED, HOWEVER THAT THE MEMBER APPOINTED PURSUANT TO
19 THIS PARAGRAPH MAY BE THE SAME AS THAT MEMBER APPOINTED PURSUANT TO
20 PARAGRAPH (A) OF THIS SUBDIVISION.
21 (C) NO MEMBER OF THE BOARD SHALL ALSO BE A MEMBER OF THE LEGISLATURE.
22 4. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
23 SERVICE AS MEMBERS, BUT SHALL BE ENTITLED TO ACTUAL NECESSARY EXPENSES
24 INCURRED IN THE PERFORMANCE OF THEIR DUTIES. MEMBERS OF THE BOARD SHALL
25 BE CONSIDERED PUBLIC OFFICERS FOR PURPOSES OF SECTION SEVENTEEN OF THE
26 PUBLIC OFFICERS LAW.
27 5. A QUORUM SHALL CONSIST OF A MAJORITY OF THE MEMBERS OF THE BOARD. A
28 QUORUM SHALL BE REQUIRED TO CONDUCT BUSINESS. APPROVAL OF ANY MATTER
29 PROPERLY BEFORE THE BOARD SHALL REQUIRE THE AFFIRMATIVE VOTE OF THE
30 MAJORITY OF THE BOARD; PROVIDED HOWEVER THAT ANY PROVISION OF A TRANS-
31 PORTATION INFRASTRUCTURE AGREEMENT, AS DEFINED IN SECTION FIVE HUNDRED
32 OF THE TRANSPORTATION LAW, SUBDIVISION ONE OF SECTION THREE HUNDRED
33 EIGHTY-EIGHT OF THE PUBLIC AUTHORITIES LAW OR SUBDIVISION ONE OF SECTION
34 TWELVE HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW, WHICH PROVIDES
35 FOR THE CONVEYANCE OF ANY INTEREST IN EXCESS OF THIRTY-FIVE YEARS SHALL
36 REQUIRE AN AFFIRMATIVE VOTE BY A SUPER-MAJORITY OF SIX MEMBERS FOR
37 APPROVAL.
38 6. MEETINGS SHALL BE CALLED BY THE CHAIR OR BY A MAJORITY OF THOSE
39 MEMBERS APPOINTED. MEETINGS SHALL BE HELD AT LEAST BI-ANNUALLY.
40 7. THE BOARD MAY APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE
41 FOR THE PERFORMANCE OF ITS DUTIES AND FIX AND DETERMINE THEIR QUALIFICA-
42 TIONS, DUTIES, AND COMPENSATION, AND RETAIN OR EMPLOY COUNSEL, AUDITORS
43 AND PRIVATE FINANCIAL CONSULTANTS AND OTHER SERVICES ON A CONTRACT BASIS
44 OR OTHERWISE FOR RENDERING PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES
45 AND ADVICE; SUCH AUTHORITY SHALL BE SUBJECT TO APPROPRIATION.
46 8. THE BOARD SHALL ESTABLISH BY-LAWS FOR THE MANAGEMENT AND REGULATION
47 OF ITS AFFAIRS.
48 S 931. POWERS AND DUTIES. 1. SOLICITATION OF PROPOSALS. THE BOARD MAY
49 APPROVE AND PUBLICLY SOLICIT A PRELIMINARY PROPOSAL ADVANCED PURSUANT TO
50 SECTION FIVE HUNDRED FOUR OF THE TRANSPORTATION LAW, SUBDIVISION FOUR OF
51 SECTION THREE HUNDRED EIGHTY-EIGHT OF THE PUBLIC AUTHORITIES LAW, OR
52 SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SEVENTY-I OF SUCH LAW, OR MAY
53 PUBLICLY SOLICIT OTHER PROPOSALS FROM PUBLIC AND/OR PRIVATE ENTITIES FOR
54 TRANSPORTATION INFRASTRUCTURE PROJECTS AS DEFINED IN SUBDIVISION SIX OF
55 SECTION FIVE HUNDRED OF THE TRANSPORTATION LAW, SUBDIVISION ONE OF
56 SECTION THREE HUNDRED EIGHTY-EIGHT OF THE PUBLIC AUTHORITIES LAW, SUBDI-
A. 8487 8
1 VISION ONE OF SECTION TWELVE HUNDRED SEVENTY-I OF SUCH LAW OR SUBDIVI-
2 SION ONE OF SECTION FIVE HUNDRED FORTY-THREE OF SUCH LAW.
3 2. APPROVAL OF BEST VALUE PROPOSALS. (A) THE BOARD MAY APPROVE A
4 PROPOSAL PRELIMINARILY ACCEPTED PURSUANT TO SECTION FIVE HUNDRED FIVE OF
5 THE TRANSPORTATION LAW, SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHT-
6 Y-EIGHT OF THE PUBLIC AUTHORITIES LAW, SUBDIVISION SIX OF SECTION TWELVE
7 HUNDRED SEVENTY-I OF SUCH LAW, SUBDIVISION FIVE OF SECTION FIVE HUNDRED
8 FORTY-THREE OF SUCH LAW, OR ANY OTHER PROPOSAL PROPERLY SUBMITTED IN
9 RESPONSE TO A SOLICITATION MADE PURSUANT TO SUBDIVISION ONE OF THIS
10 SECTION IF THE BOARD DETERMINES THAT SUCH PROPOSAL PRESENTS THE BEST
11 VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE
12 LAW CONSIDERING THE FOLLOWING:
13 (I) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE
14 PROJECT;
15 (II) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES
16 OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT;
17 (III) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE
18 PROJECT, AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS
19 CONNECTIONS TO OR ROLE WITHIN THE EXISTING TRANSPORTATION SYSTEM AND THE
20 COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE STATE AND OF ANY
21 AFFECTED LOCAL JURISDICTIONS;
22 (IV) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT,
23 CONSTRUCTION, IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPOR-
24 TATION INFRASTRUCTURE PROJECT;
25 (V) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE
26 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE
27 PROJECT; AND
28 (VI) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS-
29 FIES ANY OTHER CRITERIA ESTABLISHED BY THE BOARD IN THE SOLICITATION
30 MADE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
31 (B) THE BOARD SHALL NOT APPROVE ANY PROPOSAL UNLESS THE AGGREGATE LIFE
32 OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE PROJECT IS LESS
33 THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE PURSUANT TO SECTION
34 FIVE HUNDRED THREE OF THE TRANSPORTATION LAW, SUBDIVISION THREE OF
35 SECTION THREE HUNDRED EIGHTY-EIGHT, SUBDIVISION THREE OF SECTION TWELVE
36 HUNDRED SEVENTY-I OF SUCH LAW OR SUBDIVISION THREE OF SECTION FIVE
37 HUNDRED FORTY-THREE OF SUCH LAW.
38 (C) THE BOARD MAY ONLY APPROVE A PROPOSAL CONTAINING THE CONVEYANCE OF
39 ANY INTEREST IN EXCESS OF THIRTY-FIVE YEARS WITH THE AFFIRMATIVE VOTE OF
40 A SUPER-MAJORITY AS SET FORTH IN SUBDIVISION FIVE OF SECTION NINE
41 HUNDRED THIRTY OF THIS ARTICLE.
42 3. APPROVAL OF TRANSPORTATION INFRASTRUCTURE AGREEMENTS. BOARD
43 APPROVAL SHALL BE REQUIRED OF ANY TRANSPORTATION INFRASTRUCTURE AGREE-
44 MENT TO BE ENTERED INTO PURSUANT TO SECTION FIVE HUNDRED ONE OF THE
45 TRANSPORTATION LAW, SUBDIVISION TWO OF SECTION THREE HUNDRED
46 EIGHTY-EIGHT, SUBDIVISION TWO OF SECTION TWELVE HUNDRED SEVENTY-I, OR
47 SUBDIVISION TWO OF SECTION FIVE HUNDRED FORTY-THREE OF THE PUBLIC
48 AUTHORITIES LAW.
49 4. APPROVAL OF ACQUISITION OF ALL OR PART OF TRANSPORTATION INFRAS-
50 TRUCTURE. BOARD APPROVAL SHALL BE REQUIRED FOR THE ACQUISITION OF ALL OR
51 ANY PART OF ANY TRANSPORTATION INFRASTRUCTURE PURSUANT TO SECTION FIVE
52 HUNDRED TEN OF THE TRANSPORTATION LAW, SUBDIVISION NINE OF SECTION THREE
53 HUNDRED EIGHTY-EIGHT OF THE PUBLIC AUTHORITIES LAW OR SUBDIVISION TEN OF
54 SECTION TWELVE HUNDRED SEVENTY-I OF SUCH LAW.
55 5. ANNUAL REPORT. THE BOARD SHALL PREPARE AN ANNUAL REPORT AND SHALL
56 SUBMIT SUCH REPORT ON OR BEFORE JANUARY THIRTY-FIRST OF EACH YEAR TO THE
A. 8487 9
1 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
2 ASSEMBLY AND THE CHAIRS OF THE SENATE AND ASSEMBLY TRANSPORTATION
3 COMMITTEES. (A) THE ANNUAL REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED
4 TO:
5 (I) DETAILS OF ANY SOLICITATION OR PRELIMINARY SOLICITATION MADE OR
6 PREPARED DURING THE REPORTING PERIOD;
7 (II) DETAILS OF ANY PROPOSAL SUBMITTED OR ACCEPTED PURSUANT TO A
8 PUBLIC SOLICITATION DURING THE REPORTING PERIOD;
9 (III) DETAILS ON THE PROGRESS OF ONGOING TRANSPORTATION INFRASTRUCTURE
10 PROJECT AGREEMENT NEGOTIATIONS;
11 (IV) DETAILS ON ANY AMENDMENTS TO EXISTING TRANSPORTATION INFRASTRUC-
12 TURE AGREEMENTS DURING THE REPORTING PERIOD;
13 (V) DETAILS OF ON-GOING TRANSPORTATION INFRASTRUCTURE PROJECTS,
14 INCLUDING BUT NOT LIMITED TO THE MEETING OR FAILURE TO MEET ANY TIME
15 DEADLINES, THE ACHIEVEMENT OR FAILURE TO ACHIEVE ANY PERFORMANCE GOALS,
16 ANY COST OVERRUNS, ANY DEFAULT AND ANY OTHER INFORMATION PERTINENT TO
17 THE PROJECT'S ONGOING OPERATION; AND
18 (VI) AN ACCOUNTING OF ANY REVENUES AND EXPENDITURES ASSOCIATED WITH
19 ONGOING TRANSPORTATION INFRASTRUCTURE PROJECTS DURING THE REPORTING
20 PERIOD.
21 (B) THE ANNUAL REPORT MAY ADDITIONALLY INCLUDE ANY RECOMMENDATIONS FOR
22 LEGISLATION RELATED TO TRANSPORTATION INFRASTRUCTURE PROJECT DEVELOP-
23 MENT.
24 S 4. The public authorities law is amended by adding a new section 388
25 to read as follows:
26 S 388. INNOVATIVE INFRASTRUCTURE DEVELOPMENT. NOTWITHSTANDING ANY
27 OTHER PROVISIONS OF LAW TO THE CONTRARY:
28 1. AS USED IN THIS SECTION, UNLESS A DIFFERENT MEANING APPEARS FROM
29 THE CONTEXT, THE TERMS:
30 (A) "PRIVATE ENTITY" MEANS ANY ASSOCIATION, CORPORATION, LIMITED
31 LIABILITY COMPANY, PARTNERSHIP, FIRM, BUSINESS TRUST, JOINT VENTURE,
32 NOT-FOR-PROFIT ENTITY, FUND OR OTHER PRIVATE BUSINESS ENTITY.
33 (B) "PUBLIC ENTITY" MEANS THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER
34 STATE, ANY BI-STATE AUTHORITY OR COMMISSION, ANY MULTI-STATE AUTHORITY
35 OR COMMISSION, ANY MULTI-NATIONAL AUTHORITY OR COMMISSION, ANY NATION,
36 ANY PROVINCE, OR ANY AGENCY, COMMISSION, PUBLIC AUTHORITY, PUBLIC BENE-
37 FIT CORPORATION, POLITICAL SUBDIVISION OR MUNICIPALITY THEREOF, OR ANY
38 OTHER GOVERNMENTAL ENTITY, OR ANY COMBINATION OF THE FOREGOING.
39 (C) "TRANSPORTATION INFRASTRUCTURE" MEANS THE THRUWAY SYSTEM AS
40 DEFINED IN SECTION THREE HUNDRED FIFTY-ONE OF THIS TITLE AND THE
41 PROVISIONS FOR THE MOVEMENT OF PEOPLE, VEHICLES, GOODS OR INFORMATION
42 ON, BY OR THROUGH THE USE OF THE THRUWAY SYSTEM AND SHALL INCLUDE
43 SERVICES PROVIDED PURSUANT TO TRANSPORTATION INFRASTRUCTURE AGREEMENTS.
44 (D) "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT
45 ENTERED INTO BY THE AUTHORITY PURSUANT TO SUBDIVISION TWO OF THIS
46 SECTION.
47 (E) "TRANSPORTATION INFRASTRUCTURE PROJECT" SHALL MEAN THE PLANNING,
48 ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION,
49 RECONSTRUCTION, RESTORATION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT,
50 RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERATION, MAINTENANCE,
51 DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION INFRASTRUCTURE, INCLUD-
52 ING, BUT NOT LIMITED TO, AGREEMENTS RELATING TO THE DISTRIBUTION OF FARE
53 AND TOLL PAYMENT MEDIA AND ELECTRONIC PAYMENT DEVICES, AND THE ESTAB-
54 LISHMENT AND COLLECTION OF USER FEES, PURSUANT TO ONE OR MORE TRANSPOR-
55 TATION INFRASTRUCTURE AGREEMENT.
A. 8487 10
1 (F) "USER FEES" MEAN THE RATES, TOLLS, FARES, RENTALS OR FEES OR OTHER
2 CHARGES IMPOSED FOR OR ASSOCIATED WITH THE USE AND OPERATION OF ALL OR A
3 PORTION OF TRANSPORTATION INFRASTRUCTURE PURSUANT TO A TRANSPORTATION
4 INFRASTRUCTURE AGREEMENT.
5 (G) "BOARD" MEANS THE INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD AS
6 ESTABLISHED BY SECTION NINE HUNDRED THIRTY OF THE EXECUTIVE LAW.
7 2. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE
8 AUTHORITY IS AUTHORIZED, AS ADDITIONAL CORPORATE PURPOSES THEREOF, TO
9 ENTER INTO TRANSPORTATION INFRASTRUCTURE AGREEMENTS, ON SUCH TERMS AND
10 CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE AND SUBJECT TO THE
11 APPROVAL OF THE DIRECTOR OF BUDGET AND THE BOARD, AND IN ACCORDANCE WITH
12 SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW, WITH PUBLIC AND/OR
13 PRIVATE ENTITIES TO PROVIDE FOR, OR IN SUPPORT OF, OR ASSOCIATED WITH
14 TRANSPORTATION INFRASTRUCTURE PROJECTS. IN FURTHERANCE OF SUCH AGREE-
15 MENTS, THE AUTHORITY MAY:
16 (A) ACCEPT IN ACCORDANCE WITH THE STATE FINANCE LAW AND THE PUBLIC
17 OFFICERS LAW, ANY APPROPRIATION, GRANT, OR OFFER OF FUNDS OR PROPERTY OR
18 OTHER FORMS OF ASSISTANCE FOR THE PURPOSES OF THIS SECTION FROM ANY
19 PUBLIC AND/OR PRIVATE ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS
20 THEREOF;
21 (B) ACCEPT, PURSUANT TO THE TERMS OF A TRANSPORTATION INFRASTRUCTURE
22 AGREEMENT, PROPERTY OR ANY INTEREST THEREIN AND TRANSPORTATION INFRAS-
23 TRUCTURE TO BE MAINTAINED AS PART OF THE THRUWAY SYSTEM. ANY SUCH INTER-
24 EST IN TRANSPORTATION INFRASTRUCTURE SO ACQUIRED SHALL BE DEEMED TO HAVE
25 BEEN ACQUIRED BY THE AUTHORITY OR AT THE AUTHORITY'S REQUEST PURSUANT TO
26 THIS TITLE;
27 (C) UTILIZE ANY OF ITS POWERS OR AUTHORITY TO ACHIEVE THE PURPOSES OF
28 THIS SECTION INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE BONDS,
29 NOTES AND OTHER OBLIGATIONS;
30 (D) FINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO ANY
31 PUBLIC AND/OR PRIVATE ENTITY OF ANY TRANSPORTATION INFRASTRUCTURE
32 PROJECT, INCLUDING FINANCING THROUGH OR ACCOMPANIED BY ONE OR MORE LEAS-
33 ES OR CONCESSIONS OF SUCH PROJECT OR ANY PART THEREOF BY OR TO SUCH
34 ENTITY OR ENTITIES AND/OR BY OR TO THE AUTHORITY OR ANY OF ITS SUBSID-
35 IARIES OR AFFILIATES;
36 (E) UTILIZE THE AUTHORITY'S EMINENT DOMAIN POWERS, PURSUANT TO
37 SECTIONS THREE HUNDRED FIFTY-EIGHT AND THREE HUNDRED FIFTY-EIGHT-A OF
38 THIS TITLE, ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY DEEMS APPRO-
39 PRIATE, TO ACQUIRE PROPERTY REQUIRED FOR TRANSPORTATION INFRASTRUCTURE
40 PROJECTS; AND
41 (F) PROVIDE FOR THE COLLECTION AND/OR RETENTION OF USER FEES PURSUANT
42 TO THIS ARTICLE; PROVIDED HOWEVER THAT ANY PROVISION OF A TRANSPORTATION
43 INFRASTRUCTURE AGREEMENT WHICH PROVIDES FOR INCREASES IN USER FEES ON
44 INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES, ESTABLISHMENT OF USER
45 FEES IN A NEW LOCATION ON INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES,
46 OR THE ESTABLISHMENT OF USER FEES ON NEWLY CONSTRUCTED INFRASTRUCTURE OR
47 INFRASTRUCTURE IMPROVED TO INCREASE CAPACITY SHALL BE CONSISTENT WITH
48 THE POWERS OF THE AUTHORITY TO ESTABLISH OR INCREASE USER FEES PURSUANT
49 TO THIS TITLE.
50 3. COST ANALYSIS. PRIOR TO ANY SOLICITATION OF PROPOSALS MADE PURSUANT
51 TO SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW THE AUTHORITY
52 SHALL CONDUCT A STUDY AND ISSUE A REPORT WHICH SHALL DETAIL THE RISK
53 ADJUSTED ESTIMATED LIFE OF PROJECT COST FOR THE PROPOSED TRANSPORTATION
54 INFRASTRUCTURE PROJECT WERE THE AUTHORITY TO UNDERTAKE SUCH PROJECT
55 THROUGH TRADITIONAL MEANS OF PROCUREMENT AND FINANCING.
A. 8487 11
1 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
2 IS AUTHORIZED TO PREPARE PRELIMINARY SOLICITATIONS FOR THE PROVISION OF
3 TRANSPORTATION INFRASTRUCTURE PROJECTS. SUCH SOLICITATIONS SHALL SET
4 FORTH THE PROPOSED PARAMETERS OF THE PROJECT AND SHALL BE SUBJECT TO
5 APPROVAL OF THE BOARD PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE
6 EXECUTIVE LAW.
7 5. (A) AFTER A SOLICITATION MADE PURSUANT TO SECTION NINE HUNDRED
8 THIRTY-ONE OF THE EXECUTIVE LAW, THE AUTHORITY SHALL REVIEW ALL PROPER
9 PROPOSALS AND MAY PRELIMINARILY ACCEPT AND ADVANCE TO THE BOARD FOR
10 APPROVAL THE PROPOSAL THAT IS DETERMINED BY THE AUTHORITY TO BE THE BEST
11 VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE
12 LAW CONSIDERING THE FOLLOWING:
13 (I) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE
14 PROJECT;
15 (II) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES
16 OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT;
17 (III) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE
18 PROJECT AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS
19 CONNECTIONS TO OR ROLE WITHIN THE EXISTING THRUWAY SYSTEM AND THE
20 COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE AUTHORITY AND OF ANY
21 STATE OR LOCAL JURISDICTIONS;
22 (IV) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT,
23 CONSTRUCTION, IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPOR-
24 TATION INFRASTRUCTURE PROJECT;
25 (V) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE
26 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE
27 PROJECT; AND
28 (VI) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS-
29 FIES ANY OTHER CRITERIA ESTABLISHED IN THE SOLICITATION MADE PURSUANT TO
30 SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
31 (B) THE AUTHORITY SHALL NOT ACCEPT OR ADVANCE ANY PROPOSAL UNLESS THE
32 AGGREGATE LIFE OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE
33 PROJECT IS LESS THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE
34 PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
35 6. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE
36 AUTHORITY OR BOARD TO MAKE ANY SOLICITATION, ACCEPT ANY PROPOSAL OR
37 ENTER INTO ANY AGREEMENT WITH ANY PUBLIC AND/OR PRIVATE ENTITY.
38 (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO: (I) LIMIT THE AUTHOR-
39 ITY'S EXISTING POWERS AND AUTHORITY; (II) REQUIRE THE AUTHORITY TO
40 ACCEPT ANY PROJECT THROUGH THE PROVISIONS OF THIS SECTION; (III) REQUIRE
41 THE AUTHORITY TO ENTER INTO ANY AGREEMENTS PURSUANT TO THIS SECTION; OR
42 (IV) REQUIRE THE AUTHORITY TO TAKE ANY ACTION THAT WOULD CONTRADICT OR
43 IMPAIR ANY EXISTING AUTHORITY CONTRACT OR AGREEMENT WITH ITS BONDHOLDERS
44 OR OTHER ENTITIES.
45 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
46 TY MAY CONVEY AN INTEREST IN PROPERTY, IN WHICH THE AUTHORITY HAS AN
47 INTEREST TO A PUBLIC AND/OR PRIVATE ENTITY PURSUANT TO THE TERMS OF A
48 TRANSPORTATION INFRASTRUCTURE AGREEMENT, PROVIDED HOWEVER THAT NO SUCH
49 INTEREST SHALL BE A FEE SIMPLE ABSOLUTE AND ANY CONVEYANCE OF AN INTER-
50 EST IN PROPERTY IN EXCESS OF THIRTY-FIVE YEARS SHALL REQUIRE APPROVAL OF
51 A SUPER-MAJORITY OF THE BOARD PURSUANT TO ARTICLE FORTY-THREE OF THE
52 EXECUTIVE LAW.
53 (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND
54 REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS
55 SECTION.
A. 8487 12
1 (E) PROJECTS UNDERTAKEN BY THE AUTHORITY PURSUANT TO THIS ARTICLE
2 SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE ENVIRON-
3 MENTAL CONSERVATION LAW, AND, WHERE APPLICABLE, THE REQUIREMENTS OF THE
4 NATIONAL ENVIRONMENTAL POLICY ACT.
5 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, TRANSPORTA-
6 TION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSUANT TO THIS SECTION MAY
7 PROVIDE FOR:
8 (A) THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL
9 ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHABILITATION,
10 ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, MANAGEMENT,
11 OPERATION, MAINTENANCE, DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION
12 FACILITIES AND THE PROVISION OF TRANSPORTATION INFRASTRUCTURE BY A
13 SINGLE PUBLIC OR PRIVATE ENTITY OR COMBINATION OF PUBLIC AND PRIVATE
14 ENTITIES;
15 (B) THE ALLOCATION OF RESPONSIBILITY AND TIMING FOR SPECIFIC PROJECT
16 ELEMENTS, REVENUE-SHARING ARRANGEMENTS, ALLOCATION OF FINANCIAL RESPON-
17 SIBILITY FOR COST OVERRUNS, ALLOCATION OF DEVELOPMENT COSTS, INSURANCE
18 OR SURETY REQUIREMENTS, LIABILITY FOR NON-PERFORMANCE, STANDARDS AND
19 INCENTIVES FOR PERFORMANCE, DEFAULT, TERMINATION, BUY-BACK, RENEGOTI-
20 ATION OR AMENDMENT CLAUSES, INSPECTION CLAUSES, FINANCIAL REPORTING,
21 ACCOUNTING AND AUDITING STANDARDS, ENVIRONMENTAL PERFORMANCE STANDARDS,
22 ANY OTHER RIGHTS AND DUTIES;
23 (C) THE IMPOSITION BY THE AUTHORITY, OR THE ESTABLISHMENT BY THE
24 PUBLIC AND/OR PRIVATE ENTITY WITH WHICH THE AUTHORITY CONTRACTS PURSUANT
25 TO THIS SECTION, OF USER FEES AND THE PLEDGE OF ALL OR ANY PORTION THER-
26 EOF IN CONNECTION WITH ANY FINANCING THEREON CONSISTENT WITH PARAGRAPH
27 (F) OF SUBDIVISION TWO OF THIS SECTION AND EXISTING CONTRACTS OR RESOL-
28 UTIONS RELATING THERETO; AND
29 (D) THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL OR NAVIGABLE
30 WATER COURSE OR RIGHT-OF-WAY, OR OTHER ROADWAY SO LONG AS THE CROSSING
31 DOES NOT UNREASONABLY INTERFERE WITH THE REASONABLE USE THEREOF.
32 8. ANY AUTHORITY REVENUES DERIVED FROM ANY LEASE, CONCESSION OR OTHER
33 FINANCING STRUCTURE PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREE-
34 MENT MAY ONLY BE USED FOR THE PURPOSE OF THE DEVELOPMENT OF TRANSPORTA-
35 TION INFRASTRUCTURE.
36 9. IN THE EVENT A PUBLIC OR PRIVATE ENTITY DEFAULTS ON ITS OBLIGATIONS
37 UNDER A TRANSPORTATION INFRASTRUCTURE AGREEMENT ENTERED INTO PURSUANT TO
38 SUBDIVISION TWO OF THIS SECTION, THE AUTHORITY WITH BOARD APPROVAL IS
39 HEREBY AUTHORIZED BUT NOT REQUIRED TO ACQUIRE ALL OR ANY PORTION OF ANY
40 TRANSPORTATION INFRASTRUCTURE CONSTRUCTED OR UNDER CONSTRUCTION OR
41 DEVELOPMENT BY OR IN CONJUNCTION WITH SUCH PUBLIC OR PRIVATE ENTITY,
42 WITH ANY DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT
43 BEING AN OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION OF THE
44 TRANSPORTATION INFRASTRUCTURE. THE AUTHORITY MAY ALSO TERMINATE THE
45 TRANSPORTATION INFRASTRUCTURE AGREEMENT AND EXERCISE ANY OTHER RIGHTS OR
46 REMEDIES WHICH MAY BE AVAILABLE TO IT AT LAW OR IN EQUITY. IN THE EVENT
47 OF SUCH ACQUISITION AND NOTWITHSTANDING ANY PROVISION OF LAW TO THE
48 CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED, BUT NOT REQUIRED, TO OPER-
49 ATE AND MAINTAIN THE TRANSPORTATION INFRASTRUCTURE, INCLUDING THE IMPO-
50 SITION AND COLLECTION OF APPLICABLE USER FEES.
51 10. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE AUTHOR-
52 ITY, THROUGH TRANSPORTATION INFRASTRUCTURE AGREEMENTS MAY:
53 (A) TAKE ANY ACTION TO OBTAIN FEDERAL, STATE OR LOCAL ASSISTANCE FOR A
54 TRANSPORTATION INFRASTRUCTURE PROJECT THAT SERVES THE PUBLIC PURPOSE OF
55 THIS CHAPTER AND MAY ENTER INTO ANY CONTRACTS REQUIRED TO RECEIVE SUCH
56 FEDERAL ASSISTANCE. THE AUTHORITY MAY USE SUCH ASSISTANCE FOR THE IMPLE-
A. 8487 13
1 MENTATION OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO
2 PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND
3 (B) AGREE TO MAKE GRANTS OR LOANS OR OTHER FORMS OF ASSISTANCE FOR THE
4 DEVELOPMENT AND/OR OPERATION OF THE TRANSPORTATION INFRASTRUCTURE
5 PROJECT FROM TIME TO TIME FROM AMOUNTS RECEIVED FROM THE FEDERAL, STATE,
6 OR LOCAL GOVERNMENT, OR ANY AGENCY OR INSTRUMENTALITY THEREOF.
7 11. NOTHING IN THIS SECTION OR IN A TRANSPORTATION INFRASTRUCTURE
8 AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION SHALL BE DEEMED TO
9 ENLARGE, DIMINISH OR AFFECT THE AUTHORITY, IF ANY, OTHERWISE POSSESSED
10 BY THE AUTHORITY TO TAKE ACTION THAT WOULD IMPACT THE DEBT CAPACITY OF
11 THE STATE OR ANY OTHER PUBLIC ENTITY.
12 12. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY:
13 (A) THE PRIVATE ENTITY SHALL HAVE ALL POWER ALLOWED BY LAW GENERALLY
14 TO A PRIVATE ENTITY HAVING THE SAME FORM OF ORGANIZATION AS THE PRIVATE
15 ENTITY AND SHALL HAVE THE POWER TO DEVELOP AND/OR OPERATE THE TRANSPOR-
16 TATION INFRASTRUCTURE AND IMPOSE USER FEES PURSUANT TO A TRANSPORTATION
17 INFRASTRUCTURE AGREEMENT CONSISTENT WITH PARAGRAPH (F) OF SUBDIVISION
18 TWO OF THIS SECTION AND/OR ENTER INTO SERVICE CONTRACTS OR OTHER AGREE-
19 MENTS IN CONNECTION WITH THE USE THEREOF.
20 (B) THE PRIVATE ENTITY MAY LEASE OR ACQUIRE ANY OTHER RIGHT TO USE OR
21 DEVELOP AND/OR OPERATE THE TRANSPORTATION INFRASTRUCTURE CONSISTENT WITH
22 PARAGRAPH (C) OF SUBDIVISION SIX OF THIS SECTION; AND
23 (C) IN OPERATING THE TRANSPORTATION INFRASTRUCTURE, THE PRIVATE ENTITY
24 MAY PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREEMENT MAKE CLASSI-
25 FICATIONS ACCORDING TO REASONABLE CATEGORIES FOR ASSESSMENT OF USER FEES
26 PROVIDED SUCH PRIVATE ENTITY GETS NECESSARY APPROVAL IN ACCORDANCE WITH
27 THE TERMS OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENT.
28 13. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED PURSUANT TO THIS
29 SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND RIGHTS
30 IN INTELLECTUAL PROPERTY AND TRADE SECRETS AND INFORMATION OTHERWISE
31 PROTECTED BY STATE OR FEDERAL LAW.
32 14. IF ANY CLAUSE OR PROVISION OF THIS SECTION SHALL BE DETERMINED TO
33 BE UNCONSTITUTIONAL OR BE INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT
34 THAT IT IS NOT UNCONSTITUTIONAL OR INEFFECTIVE, IT SHALL BE VALID AND
35 EFFECTIVE AND NO OTHER CLAUSE OR PROVISION SHALL, ON ACCOUNT THEREOF, BE
36 DEEMED INVALID OR INEFFECTIVE.
37 S 5. The public authorities law is amended by adding a new section
38 1270-i to read as follows:
39 S 1270-I. INNOVATIVE INFRASTRUCTURE DEVELOPMENT. NOTWITHSTANDING ANY
40 OTHER PROVISIONS OF LAW TO THE CONTRARY:
41 1. AS USED IN THIS SECTION, UNLESS A DIFFERENT MEANING APPEARS FROM
42 THE CONTEXT, THE TERMS:
43 (A) "PRIVATE ENTITY" MEANS ANY ASSOCIATION, CORPORATION, LIMITED
44 LIABILITY COMPANY, PARTNERSHIP, FIRM, BUSINESS TRUST, JOINT VENTURE,
45 NOT-FOR-PROFIT ENTITY, FUND OR OTHER PRIVATE BUSINESS ENTITY;
46 (B) "PUBLIC ENTITY" MEANS THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER
47 STATE, ANY BI-STATE AUTHORITY OR COMMISSION, ANY MULTI-STATE AUTHORITY
48 OR COMMISSION, MULTI-NATIONAL AUTHORITY OR COMMISSION, ANY NATION, ANY
49 PROVINCE, OR ANY AGENCY, COMMISSION, PUBLIC AUTHORITY, PUBLIC BENEFIT
50 CORPORATION, POLITICAL SUBDIVISION OR MUNICIPALITY THEREOF, OR ANY OTHER
51 GOVERNMENTAL ENTITY, OR ANY COMBINATION OF ANY OF THE FOREGOING;
52 (C) "TRANSPORTATION INFRASTRUCTURE" SHALL MEAN ANY TRANSPORTATION
53 FACILITY AS SET FORTH IN SUBDIVISION SEVENTEEN OF SECTION TWELVE HUNDRED
54 SIXTY-ONE OF THIS TITLE AND SHALL INCLUDE, IN ADDITION, ANY PROJECT
55 AUTHORIZED BY SUBDIVISION NINE OF SECTION FIVE HUNDRED FIFTY-THREE OF
56 THIS CHAPTER AND ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO,
A. 8487 14
1 THE PROVISIONS FOR THE MOVEMENT OF PEOPLE, VEHICLES, GOODS OR INFORMA-
2 TION ON, BY OR THROUGH THE USE OF TRANSPORTATION FACILITIES AS SET FORTH
3 IN SUBDIVISION SEVENTEEN OF SECTION TWELVE HUNDRED SIXTY-ONE OF THIS
4 TITLE OR ANY PROJECT AUTHORIZED BY SUBDIVISION NINE OF SECTION FIVE
5 HUNDRED FIFTY-THREE OF THIS CHAPTER, AND SHALL INCLUDE SERVICES PROVIDED
6 PURSUANT TO TRANSPORTATION INFRASTRUCTURE AGREEMENTS;
7 (D) "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT
8 ENTERED INTO BY THE AUTHORITY PURSUANT TO SUBDIVISION TWO OF THIS
9 SECTION;
10 (E) "TRANSPORTATION INFRASTRUCTURE PROJECT" SHALL MEAN THE PLANNING,
11 ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION,
12 RECONSTRUCTION, RESTORATION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT,
13 RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERATION, MAINTENANCE,
14 DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION INFRASTRUCTURE INCLUDING,
15 BUT NOT LIMITED TO, AGREEMENTS RELATING TO THE DISTRIBUTION OF FARE AND
16 TOLL PAYMENT MEDIA AND ELECTRONIC PAYMENT DEVICES, AND THE SETTING,
17 COLLECTION AND SETTLEMENT OF USER FEES PURSUANT TO ONE OR MORE TRANSPOR-
18 TATION INFRASTRUCTURE AGREEMENTS;
19 (F) "USER FEES" MEANS THE RATES, TOLLS, FARES, RENTALS, FEES OR OTHER
20 CHARGES IMPOSED FOR OR ASSOCIATED WITH THE USE AND OPERATION OF ALL OR A
21 PORTION OF TRANSPORTATION INFRASTRUCTURE PURSUANT TO THE TRANSPORTATION
22 INFRASTRUCTURE AGREEMENT; AND
23 (G) "BOARD" MEANS THE INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD AS
24 ESTABLISHED BY SECTION NINE HUNDRED THIRTY OF THE EXECUTIVE LAW.
25 2. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE
26 AUTHORITY IS AUTHORIZED, IN ADDITION TO ITS OTHER RIGHTS AND POWERS NOT
27 INCONSISTENT WITH THE PROVISIONS OF THIS SECTION, ON BEHALF OF ITSELF
28 AND/OR ANY OF ITS SUBSIDIARIES AND AFFILIATES, TO ENTER INTO TRANSPORTA-
29 TION INFRASTRUCTURE AGREEMENTS, ON SUCH TERMS AND CONDITIONS AS THE
30 AUTHORITY DEEMS APPROPRIATE, AND SUBJECT TO THE APPROVAL OF THE DIRECTOR
31 OF BUDGET AND THE BOARD AND IN ACCORDANCE WITH SECTION ONE HUNDRED
32 TWELVE OF THE STATE FINANCE LAW, WITH PUBLIC AND/OR PRIVATE ENTITIES TO
33 PROVIDE FOR, OR IN SUPPORT OF, OR ASSOCIATED WITH TRANSPORTATION INFRAS-
34 TRUCTURE PROJECTS. IN FURTHERANCE OF SUCH AGREEMENTS, THE AUTHORITY
35 MAY:
36 (A) ACCEPT IN ACCORDANCE WITH THE STATE FINANCE LAW AND THE PUBLIC
37 OFFICERS LAW, ANY APPROPRIATION, GRANT OR OFFER OF FUNDS OR PROPERTY OR
38 OTHER FORMS OF ASSISTANCE FOR THE PURPOSES OF THIS ARTICLE FROM ANY
39 PUBLIC AND/OR PRIVATE ENTITY AND COMPLY WITH THE TERMS AND CONDITIONS
40 THEREOF;
41 (B) ACCEPT, PURSUANT TO THE TERMS OF A TRANSPORTATION INFRASTRUCTURE
42 AGREEMENT, ANY PROPERTY (OR ANY INTEREST THEREIN), INCLUDING, BUT NOT
43 LIMITED TO, ANY SUCH INTERESTS IN TRANSPORTATION INFRASTRUCTURE AND ANY
44 PROPERTY TRANSFERRED FROM THE CITY OF NEW YORK, ACTING BY ITS MAYOR
45 ALONE, NEEDED OR USEFUL FOR OR IN CONNECTION WITH ANY TRANSPORTATION
46 INFRASTRUCTURE PROJECT;
47 (C) ISSUE ITS NOTES OR BONDS, INCLUDING NOTES AND BONDS ISSUED PURSU-
48 ANT TO SECTION TWELVE HUNDRED SEVENTY-D OF THIS TITLE, TO FINANCE ALL OR
49 ANY PART OF THE COSTS OF ANY TRANSPORTATION INFRASTRUCTURE PROJECT;
50 (D) FINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO ANY
51 PUBLIC AND/OR PRIVATE ENTITY OF ANY TRANSPORTATION INFRASTRUCTURE
52 PROJECT, INCLUDING FINANCING THROUGH OR ACCOMPANIED BY ONE OR MORE LEAS-
53 ES OR CONCESSIONS OF SUCH PROJECT OR ANY PART THEREOF BY OR TO SUCH
54 ENTITY OR ENTITIES AND/OR BY OR TO THE AUTHORITY OR ANY OF ITS SUBSID-
55 IARIES OR AFFILIATES;
A. 8487 15
1 (E) UTILIZE ANY OF ITS POWERS OR AUTHORITY OR THE POWER AND AUTHORITY
2 OF ANY OF ITS SUBSIDIARIES AND AFFILIATES IN FURTHERANCE OF THE PURPOSES
3 OF THIS SECTION;
4 (F) UTILIZE THE AUTHORITY'S EMINENT DOMAIN POWERS, PURSUANT TO THE
5 EMINENT DOMAIN PROCEDURE LAW, ON SUCH TERMS AND CONDITIONS AS THE
6 AUTHORITY DEEMS APPROPRIATE, TO ACQUIRE PROPERTY REQUIRED FOR TRANSPOR-
7 TATION INFRASTRUCTURE PROJECTS; AND
8 (G) PROVIDE FOR THE COLLECTION AND/OR RETENTION OF USER FEES PURSUANT
9 TO THIS ARTICLE; PROVIDED HOWEVER THAT ANY PROVISION OF A TRANSPORTATION
10 INFRASTRUCTURE AGREEMENT WHICH PROVIDES FOR INCREASES IN USER FEES ON
11 INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES, ESTABLISHMENT OF USER
12 FEES IN A NEW LOCATION ON INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES,
13 OR THE ESTABLISHMENT OF USER FEES ON NEWLY CONSTRUCTED INFRASTRUCTURE OR
14 INFRASTRUCTURE IMPROVED TO INCREASE CAPACITY SHALL BE CONSISTENT WITH
15 THE POWERS OF THE AUTHORITY TO ESTABLISH OR INCREASE USER FEES PURSUANT
16 TO THIS TITLE.
17 3. COST ANALYSIS. PRIOR TO ANY SOLICITATION OF PROPOSALS MADE PURSUANT
18 TO SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW, THE AUTHORITY
19 SHALL CONDUCT A STUDY AND ISSUE A REPORT WHICH SHALL DETAIL THE RISK
20 ADJUSTED ESTIMATED LIFE OF PROJECT COST FOR THE PROPOSED TRANSPORTATION
21 INFRASTRUCTURE PROJECT WERE THE DEPARTMENT TO UNDERTAKE SUCH PROJECT
22 THROUGH TRADITIONAL MEANS OF PROCUREMENT AND FINANCING.
23 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
24 IS AUTHORIZED TO PREPARE PRELIMINARY SOLICITATIONS FOR THE PROVISION OF
25 TRANSPORTATION INFRASTRUCTURE PROJECTS. SUCH SOLICITATIONS SHALL SET
26 FORTH THE PROPOSED PARAMETERS OF THE PROJECT AND SHALL BE SUBJECT TO
27 APPROVAL OF THE BOARD PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE
28 EXECUTIVE LAW.
29 5. FOR ANY PART OF A TRANSPORTATION INFRASTRUCTURE PROJECT LOCATED
30 WITHIN THE CITY OF NEW YORK, NEITHER THE PROVISIONS OF SECTION ONE
31 HUNDRED NINETY-SEVEN-C OF THE NEW YORK CITY CHARTER, RELATING TO A
32 UNIFORM LAND USE REVIEW PROCEDURE, NOR THE PROVISIONS OF ANY OTHER LOCAL
33 LAW OF THE CITY OF NEW YORK OF LIKE OR SIMILAR TENOR OR IMPORT SHALL
34 APPLY TO THE ACQUISITION OF ANY REAL PROPERTY (OR ANY INTEREST THEREIN)
35 FOR THE PURPOSES OF ANY TRANSPORTATION INFRASTRUCTURE PROJECT BY THE
36 AUTHORITY OR ITS DESIGNEE THEN OWNED BY THE CITY NOR TO THE TRANSFER TO
37 THE AUTHORITY OR ITS DESIGNEE FOR SUCH PURPOSES OF THE RIGHT OF USE,
38 OCCUPANCY, CONTROL OR POSSESSION OF ANY REAL PROPERTY (OR INTEREST THER-
39 EIN), WHETHER PRESENTLY OWNED OR HEREAFTER ACQUIRED BY THE CITY;
40 PROVIDED IN EACH SUCH CASE, HOWEVER, THAT IF AT THE TIME OF SUCH
41 PROPOSED ACQUISITION OR TRANSFER THE REAL PROPERTY WHICH IS THE SUBJECT
42 OF SUCH ACQUISITION OR TRANSFER IS NOT THEN BEING UTILIZED FOR A TRANSIT
43 OR TRANSPORTATION PURPOSE OR IS NOT AN INSUBSTANTIAL ADDITION TO SUCH
44 PROPERTY CONTIGUOUS THERETO;
45 (A) THE AUTHORITY SHALL, UNLESS A SUBMISSION WITH RESPECT TO SUCH
46 PROPERTY HAS PREVIOUSLY BEEN MADE AND APPROVED AS HEREIN PROVIDED,
47 SUBMIT TO THE COMMUNITY BOARD FOR THE COMMUNITY DISTRICT IN WHICH SUCH
48 PROPERTY IS LOCATED, DATA WITH RESPECT TO THE PROPOSED USE OF SUCH PROP-
49 ERTY AND TO THE DESIGN OF ANY FACILITY PROPOSED TO BE CONSTRUCTED THERE-
50 ON;
51 (B) SUCH COMMUNITY BOARD SHALL INFORM THE CITY COUNCIL OF THE CITY OF
52 NEW YORK, WITH COPIES TO THE CITY PLANNING COMMISSION OF THE CITY OF NEW
53 YORK AND THE AUTHORITY, OF ITS VIEWS AND RECOMMENDATIONS WITH RESPECT
54 THERETO WITHIN FORTY-FIVE DAYS OF SUCH SUBMISSION, AND IF THE COMMUNITY
55 BOARD SHALL FAIL TO SO INFORM THE CITY COUNCIL WITHIN SUCH PERIOD IT
56 SHALL BE DEEMED TO HAVE RECOMMENDED THE PROPOSAL; AND
A. 8487 16
1 (C) THE CITY COUNCIL SHALL, WITHIN FORTY-FIVE DAYS OF THE RECOMMENDA-
2 TION OF THE COMMUNITY BOARD, APPROVE OR DISAPPROVE SUCH ACQUISITION OR
3 TRANSFER, AND IF THE CITY COUNCIL SHALL FAIL TO ACT WITHIN SUCH PERIOD
4 IT SHALL BE DEEMED TO HAVE APPROVED THE SAME.
5 (D) EACH TRANSPORTATION INFRASTRUCTURE PROJECT SHALL BE CONSIDERED TO
6 BE A FACILITY, OPERATION OR PROPERTY OF THE AUTHORITY FOR PURPOSES OF
7 ALL OF THE PROVISIONS OF THIS TITLE, INCLUDING, BUT NOT LIMITED TO, THE
8 SPECIAL TREATMENT OF SUCH FACILITIES, OPERATIONS AND PROPERTIES UNDER
9 SUBDIVISIONS EIGHT, ELEVEN AND TWELVE OF SECTION TWELVE HUNDRED
10 SIXTY-SIX OF THIS TITLE AND THE EXEMPTIONS SET FORTH IN SECTION TWELVE
11 HUNDRED SEVENTY-FIVE OF THIS TITLE. A TRANSPORTATION INFRASTRUCTURE
12 PROJECT SHALL NOT BE CONSIDERED A TRANSIT PROJECT FOR PURPOSES OF THIS
13 TITLE.
14 6. (A) AFTER A SOLICITATION MADE PURSUANT TO SECTION NINE HUNDRED
15 THIRTY-ONE OF THE EXECUTIVE LAW, THE AUTHORITY SHALL REVIEW ALL PROPER
16 PROPOSALS AND MAY PRELIMINARILY ACCEPT AND ADVANCE TO THE BOARD FOR
17 APPROVAL THE PROPOSAL THAT IS DETERMINED BY THE AUTHORITY TO BE THE BEST
18 VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE
19 LAW, CONSIDERING THE FOLLOWING:
20 (I) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE
21 PROJECT;
22 (II) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES
23 OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT;
24 (III) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE
25 PROJECT AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS
26 CONNECTIONS TO OR ROLE WITHIN THE EXISTING TRANSPORTATION SYSTEM AND THE
27 COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE AUTHORITY AND OF ANY
28 STATE OR LOCAL JURISDICTIONS;
29 (IV) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT,
30 CONSTRUCTION, IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPOR-
31 TATION INFRASTRUCTURE PROJECT;
32 (V) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE
33 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE
34 PROJECT; AND
35 (VI) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS-
36 FIES ANY OTHER CRITERIA ESTABLISHED IN THE SOLICITATION MADE PURSUANT TO
37 SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
38 (B) THE AUTHORITY SHALL NOT ACCEPT OR ADVANCE ANY PROPOSAL UNLESS THE
39 AGGREGATE LIFE OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE
40 PROJECT IS LESS THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE
41 PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
42 7. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE
43 AUTHORITY OR BOARD TO ACCEPT ANY PROPOSAL, MAKE ANY SOLICITATION OR
44 REQUEST FOR COMPETITIVE PROPOSALS, OR ENTER INTO ANY AGREEMENT WITH ANY
45 PUBLIC AND/OR PRIVATE ENTITY.
46 (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO:
47 (1) SUPERSEDE OR LIMIT THE APPLICABILITY OF THE AUTHORITY'S EXISTING
48 POWERS AND AUTHORITY;
49 (2) REQUIRE THE AUTHORITY TO ACCEPT ANY PROJECT THROUGH THE PROVISIONS
50 OF THIS SECTION;
51 (3) REQUIRE THE AUTHORITY TO ENTER INTO ANY AGREEMENTS HEREUNDER; OR
52 (4) REQUIRE THE AUTHORITY TO TAKE ANY ACTION THAT WOULD CONTRADICT OR
53 IMPACT AN EXISTING AUTHORITY CONTRACT OR AGREEMENT WITH ITS BONDHOLDERS.
54 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
55 TY MAY CONVEY AN INTEREST IN PROPERTY, IN WHICH THE AUTHORITY OR ANY OF
56 ITS AFFILIATES OR SUBSIDIARIES HAS AN INTEREST TO A PUBLIC AND/OR
A. 8487 17
1 PRIVATE ENTITY PURSUANT TO THE TERMS OF A TRANSPORTATION INFRASTRUCTURE
2 AGREEMENT, PROVIDED HOWEVER THAT NO SUCH INTEREST SHALL BE A FEE SIMPLE
3 ABSOLUTE AND ANY CONVEYANCE OF AN INTEREST IN PROPERTY IN EXCESS OF
4 THIRTY-FIVE YEARS SHALL REQUIRE APPROVAL OF A SUPER-MAJORITY OF THE
5 BOARD.
6 (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND
7 REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS
8 SECTION.
9 8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, TRANSPORTA-
10 TION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSUANT TO THIS SECTION MAY
11 PROVIDE FOR:
12 (A) THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL
13 ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHABILITATION,
14 ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, MANAGEMENT,
15 OPERATION, MAINTENANCE, DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION
16 INFRASTRUCTURE PROJECTS BY A SINGLE PUBLIC OR PRIVATE ENTITY OR COMBINA-
17 TION OF PUBLIC AND PRIVATE ENTITIES;
18 (B) THE ALLOCATION OF RESPONSIBILITY AND TIMING FOR SPECIFIC PROJECT
19 ELEMENTS, REVENUE-SHARING ARRANGEMENTS, ALLOCATION OF FINANCIAL RESPON-
20 SIBILITY FOR COST OVERRUNS, ALLOCATION OF DEVELOPMENT COSTS, INSURANCE
21 OR SURETY REQUIREMENTS, LIABILITY FOR NON-PERFORMANCE, STANDARDS AND
22 INCENTIVES FOR PERFORMANCE, DEFAULT, TERMINATION, BUY-BACK, RENEGOTI-
23 ATION OR AMENDMENT CLAUSES, INSPECTION CLAUSES, FINANCIAL REPORTING,
24 ACCOUNTING AND AUDITING STANDARDS, ENVIRONMENTAL PERFORMANCE STANDARDS,
25 ANY OTHER RIGHTS AND DUTIES;
26 (C) THE ESTABLISHMENT, LEVY AND COLLECTION OF USER FEES AND THE PLEDGE
27 OF ALL OR ANY PORTION THEREOF IN CONNECTION WITH ANY FINANCING THEREON
28 CONSISTENT WITH PARAGRAPH (G) OF SUBDIVISION TWO OF THIS SECTION AND
29 EXISTING CONTRACTS OR RESOLUTIONS RELATING THERETO AS THE AUTHORITY MAY
30 DEEM NECESSARY, CONVENIENT OR DESIRABLE; AND
31 (D) THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL, NAVIGABLE
32 WATER COURSE OR RIGHT-OF-WAY, OR OTHER ROADWAY SO LONG AS THE CROSSING
33 DOES NOT UNREASONABLY INTERFERE WITH THE REASONABLE USE THEREOF.
34 9. ANY AUTHORITY REVENUES DERIVED FROM ANY LEASE, CONCESSION OR OTHER
35 FINANCING STRUCTURE PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREE-
36 MENT MAY ONLY BE USED FOR THE PURPOSE OF IN THE DEVELOPMENT OF TRANSPOR-
37 TATION INFRASTRUCTURE.
38 10. IN THE EVENT A PUBLIC OR PRIVATE ENTITY DEFAULTS ON ITS OBLI-
39 GATIONS UNDER A TRANSPORTATION INFRASTRUCTURE AGREEMENT, THE AUTHORITY
40 WITH BOARD APPROVAL IS HEREBY AUTHORIZED BUT NOT REQUIRED TO ACQUIRE ALL
41 OR ANY PORTION OF ANY TRANSPORTATION INFRASTRUCTURE PROJECT CONSTRUCTED
42 BY OR IN CONJUNCTION WITH SUCH PUBLIC OR PRIVATE ENTITY, WITH ANY
43 DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT BEING AN
44 OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION OF THE TRANSPOR-
45 TATION INFRASTRUCTURE PROJECT. THE AUTHORITY MAY ALSO TERMINATE THE
46 TRANSPORTATION INFRASTRUCTURE AGREEMENT AND EXERCISE ANY OTHER RIGHTS OR
47 REMEDIES WHICH MAY BE AVAILABLE TO IT AT LAW OR IN EQUITY. IN THE EVENT
48 OF SUCH ACQUISITION AND NOTWITHSTANDING ANY PROVISION OF LAW TO THE
49 CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED, BUT NOT REQUIRED, TO OPER-
50 ATE AND MAINTAIN THE TRANSPORTATION INFRASTRUCTURE INCLUDING THE IMPOSI-
51 TION AND COLLECTION OF APPLICABLE USER FEES.
52 11. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE PUBLIC
53 ENTITY, THROUGH TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO
54 PURSUANT TO SUBDIVISION TWO OF THIS SECTION, MAY:
55 (A) TAKE ANY ACTION TO OBTAIN FEDERAL, STATE OR LOCAL ASSISTANCE FOR A
56 TRANSPORTATION INFRASTRUCTURE PROJECT THAT SERVES THE PUBLIC PURPOSE OF
A. 8487 18
1 THIS SECTION AND MAY ENTER INTO ANY CONTRACTS REQUIRED TO RECEIVE SUCH
2 FEDERAL ASSISTANCE; AND
3 (B) AGREE TO MAKE GRANTS OR LOANS OR OTHER FORMS OF ASSISTANCE FOR THE
4 DEVELOPMENT AND/OR OPERATION OF THE TRANSPORTATION INFRASTRUCTURE
5 PROJECT FROM TIME TO TIME FROM AMOUNTS RECEIVED FROM THE FEDERAL, STATE,
6 OR LOCAL GOVERNMENT, OR ANY AGENCY OR INSTRUMENTALITY THEREOF.
7 12. NOTHING IN THIS SECTION OR IN A TRANSPORTATION INFRASTRUCTURE
8 AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION SHALL BE DEEMED TO
9 ENLARGE, DIMINISH OR AFFECT THE AUTHORITY, IF ANY, OTHERWISE POSSESSED
10 BY THE RESPONSIBLE PUBLIC ENTITY TO TAKE ACTION THAT WOULD IMPACT THE
11 DEBT CAPACITY OF THE STATE OR THE AFFECTED JURISDICTIONS.
12 13. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY:
13 (A) THE PRIVATE ENTITY SHALL HAVE ALL POWER ALLOWED BY LAW GENERALLY
14 TO A PRIVATE ENTITY HAVING THE SAME FORM OF ORGANIZATION AS THE PRIVATE
15 ENTITY AND SHALL HAVE THE POWER TO DEVELOP AND/OR OPERATE THE TRANSPOR-
16 TATION INFRASTRUCTURE AND IMPOSE USER FEES PURSUANT TO A TRANSPORTATION
17 INFRASTRUCTURE AGREEMENT CONSISTENT WITH PARAGRAPH (G) OF SUBDIVISION
18 TWO OF THIS SECTION AND/OR ENTER INTO SERVICE CONTRACTS IN CONNECTION
19 WITH THE USE THEREOF. NO USER FEES MAY BE IMPOSED BY THE PRIVATE ENTITY
20 EXCEPT AS CONSISTENT WITH THIS SECTION;
21 (B) THE PRIVATE ENTITY MAY LEASE OR ACQUIRE ANY OTHER RIGHT TO USE OR
22 DEVELOP AND/OR OPERATE THE TRANSPORTATION INFRASTRUCTURE CONSISTENT WITH
23 PARAGRAPH (C) OF SUBDIVISION SEVEN OF THIS SECTION; AND
24 (C) IN OPERATING THE TRANSPORTATION INFRASTRUCTURE, THE PRIVATE ENTITY
25 MAY PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREEMENT MAKE CLASSI-
26 FICATIONS ACCORDING TO REASONABLE CATEGORIES FOR ASSESSMENT OF USER FEES
27 PROVIDED SUCH ENTITY GETS NECESSARY APPROVAL IN ACCORDANCE WITH THE
28 TERMS OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENT.
29 14. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED PURSUANT TO THIS
30 SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND RIGHTS
31 IN INTELLECTUAL PROPERTY AND TRADE SECRETS AND INFORMATION OTHERWISE
32 PROTECTED BY STATE OR FEDERAL LAW.
33 15. IF ANY CLAUSE OR PROVISION OF THIS SECTION SHALL BE DETERMINED TO
34 BE UNCONSTITUTIONAL OR BE INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT
35 THAT IT IS NOT UNCONSTITUTIONAL OR INEFFECTIVE, IT SHALL BE VALID AND
36 EFFECTIVE AND NO OTHER CLAUSE OR PROVISION SHALL, ON ACCOUNT THEREOF, BE
37 DEEMED INVALID OR INEFFECTIVE.
38 S 6. The public authorities law is amended by adding a new section
39 543 to read as follows:
40 S 543. INNOVATIVE INFRASTRUCTURE DEVELOPMENT. NOTWITHSTANDING ANY
41 OTHER PROVISIONS OF LAW TO THE CONTRARY:
42 1. AS USED IN THIS SECTION, UNLESS A DIFFERENT MEANING APPEARS FROM
43 THE CONTEXT, THE TERMS:
44 (A) "PRIVATE ENTITY" MEANS ANY ASSOCIATION, CORPORATION, LIMITED
45 LIABILITY COMPANY, PARTNERSHIP, FIRM, BUSINESS TRUST, JOINT VENTURE,
46 NOT-FOR-PROFIT ENTITY, FUND OR OTHER PRIVATE BUSINESS ENTITY.
47 (B) "PUBLIC ENTITY" MEANS THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER
48 STATE, ANY BI-STATE AUTHORITY OR COMMISSION, ANY MULTI-STATE AUTHORITY
49 OR COMMISSION, ANY MULTI-NATIONAL AUTHORITY OR COMMISSION, ANY NATION,
50 ANY PROVINCE, OR ANY AGENCY, COMMISSION, PUBLIC AUTHORITY, PUBLIC BENE-
51 FIT CORPORATION, POLITICAL SUBDIVISION OR MUNICIPALITY THEREOF, OR ANY
52 OTHER GOVERNMENTAL ENTITY, OR ANY COMBINATION OF THE FOREGOING.
53 (C) "TRANSPORTATION INFRASTRUCTURE" MEANS BRIDGES AS DEFINED IN SUBDI-
54 VISION NINE OF SECTION FIVE HUNDRED TWENTY-SIX OF THIS TITLE AND THE
55 PROVISIONS FOR THE MOVEMENT OF PEOPLE, VEHICLES, GOODS OR INFORMATION
A. 8487 19
1 ON, BY OR THROUGH THE USE OF BRIDGES AND SHALL INCLUDE SERVICES PROVIDED
2 PURSUANT TO TRANSPORTATION INFRASTRUCTURE AGREEMENTS.
3 (D) "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT
4 ENTERED INTO BY THE AUTHORITY PURSUANT TO SUBDIVISION TWO OF THIS
5 SECTION.
6 (E) "TRANSPORTATION INFRASTRUCTURE PROJECT" SHALL MEAN THE PLANNING,
7 ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION,
8 RECONSTRUCTION, RESTORATION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT,
9 RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERATION, MAINTENANCE,
10 DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION INFRASTRUCTURE, INCLUD-
11 ING, BUT NOT LIMITED TO, AGREEMENTS RELATING TO THE DISTRIBUTION OF FARE
12 AND TOLL PAYMENT MEDIA AND ELECTRONIC PAYMENT DEVICES, AND THE ESTAB-
13 LISHMENT AND COLLECTION OF USER FEES, PURSUANT TO ONE OR MORE TRANSPOR-
14 TATION INFRASTRUCTURE AGREEMENT.
15 (F) "USER FEES" MEAN THE RATES, TOLLS, FARES, RENTALS OR FEES OR OTHER
16 CHARGES IMPOSED FOR OR ASSOCIATED WITH THE USE AND OPERATION OF ALL OR A
17 PORTION OF TRANSPORTATION INFRASTRUCTURE PURSUANT TO A TRANSPORTATION
18 INFRASTRUCTURE AGREEMENT.
19 (G) "BOARD" MEANS THE INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD AS
20 ESTABLISHED BY SECTION NINE HUNDRED THIRTY OF THE EXECUTIVE LAW.
21 2. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE
22 AUTHORITY IS AUTHORIZED, AS ADDITIONAL CORPORATE PURPOSES THEREOF, TO
23 ENTER INTO TRANSPORTATION INFRASTRUCTURE AGREEMENTS, ON SUCH TERMS AND
24 CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE AND SUBJECT TO THE
25 APPROVAL OF THE DIRECTOR OF BUDGET AND THE BOARD, AND IN ACCORDANCE WITH
26 SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW, WITH PUBLIC AND/OR
27 PRIVATE ENTITIES TO PROVIDE FOR, OR IN SUPPORT OF, OR ASSOCIATED WITH
28 TRANSPORTATION INFRASTRUCTURE PROJECTS. IN FURTHERANCE OF SUCH AGREE-
29 MENTS, THE AUTHORITY MAY:
30 (A) ACCEPT IN ACCORDANCE WITH THE STATE FINANCE LAW AND THE PUBLIC
31 OFFICERS LAW, ANY APPROPRIATION, GRANT, OR OFFER OF FUNDS OR PROPERTY OR
32 OTHER FORMS OF ASSISTANCE FOR THE PURPOSES OF THIS SECTION FROM ANY
33 PUBLIC AND/OR PRIVATE ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS
34 THEREOF;
35 (B) ACCEPT, PURSUANT TO THE TERMS OF A TRANSPORTATION INFRASTRUCTURE
36 AGREEMENT, PROPERTY OR ANY INTEREST THEREIN AND TRANSPORTATION INFRAS-
37 TRUCTURE TO BE MAINTAINED BY THE AUTHORITY. ANY SUCH INTEREST IN TRANS-
38 PORTATION INFRASTRUCTURE SO ACQUIRED SHALL BE DEEMED TO HAVE BEEN
39 ACQUIRED BY THE AUTHORITY OR AT THE AUTHORITY'S REQUEST PURSUANT TO THIS
40 TITLE;
41 (C) UTILIZE ANY OF ITS POWERS OR AUTHORITY TO ACHIEVE THE PURPOSES OF
42 THIS SECTION INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE BONDS,
43 NOTES AND OTHER OBLIGATIONS;
44 (D) FINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO ANY
45 PUBLIC AND/OR PRIVATE ENTITY OF ANY TRANSPORTATION INFRASTRUCTURE
46 PROJECT, INCLUDING FINANCING THROUGH OR ACCOMPANIED BY ONE OR MORE LEAS-
47 ES OR CONCESSIONS OF SUCH PROJECT OR ANY PART THEREOF BY OR TO SUCH
48 ENTITY OR ENTITIES AND/OR BY OR TO THE AUTHORITY OR ANY OF ITS SUBSID-
49 IARIES OR AFFILIATES;
50 (E) UTILIZE THE AUTHORITY'S EMINENT DOMAIN POWERS, PURSUANT TO SECTION
51 FIVE HUNDRED TWENTY-NINE OF THIS TITLE, ON SUCH TERMS AND CONDITIONS AS
52 THE AUTHORITY DEEMS APPROPRIATE, TO ACQUIRE PROPERTY REQUIRED FOR TRANS-
53 PORTATION INFRASTRUCTURE PROJECTS; AND
54 (F) PROVIDE FOR THE COLLECTION AND/OR RETENTION OF USER FEES PURSUANT
55 TO THIS ARTICLE; PROVIDED HOWEVER THAT ANY PROVISION OF A TRANSPORTATION
56 INFRASTRUCTURE AGREEMENT WHICH PROVIDES FOR INCREASES IN USER FEES ON
A. 8487 20
1 INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES, ESTABLISHMENT OF USER
2 FEES IN A NEW LOCATION ON INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES,
3 OR THE ESTABLISHMENT OF USER FEES ON NEWLY CONSTRUCTED INFRASTRUCTURE OR
4 INFRASTRUCTURE IMPROVED TO INCREASE CAPACITY SHALL BE CONSISTENT WITH
5 THE POWERS OF THE AUTHORITY TO ESTABLISH OR INCREASE USER FEES PURSUANT
6 TO THIS TITLE.
7 3. COST ANALYSIS. PRIOR TO ANY SOLICITATION OF PROPOSALS MADE PURSUANT
8 TO SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW THE AUTHORITY
9 SHALL CONDUCT A STUDY AND ISSUE A REPORT WHICH SHALL DETAIL THE RISK
10 ADJUSTED ESTIMATED LIFE OF PROJECT COST FOR THE PROPOSED TRANSPORTATION
11 INFRASTRUCTURE PROJECT WERE THE DEPARTMENT TO UNDERTAKE SUCH PROJECT
12 THROUGH TRADITIONAL MEANS OF PROCUREMENT AND FINANCING.
13 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
14 IS AUTHORIZED TO PREPARE PRELIMINARY SOLICITATIONS FOR THE PROVISION OF
15 TRANSPORTATION INFRASTRUCTURE PROJECTS. SUCH SOLICITATIONS SHALL SET
16 FORTH THE PROPOSED PARAMETERS OF THE PROJECT AND SHALL BE SUBJECT TO
17 APPROVAL OF THE BOARD PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE
18 EXECUTIVE LAW.
19 5. (A) AFTER A SOLICITATION MADE PURSUANT TO SECTION NINE HUNDRED
20 THIRTY-ONE OF THE EXECUTIVE LAW, THE AUTHORITY SHALL REVIEW ALL PROPER
21 PROPOSALS AND MAY PRELIMINARILY ACCEPT AND ADVANCE TO THE BOARD FOR
22 APPROVAL THE PROPOSAL THAT IS DETERMINED BY THE AUTHORITY TO BE THE BEST
23 VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE
24 LAW CONSIDERING THE FOLLOWING:
25 (I) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE
26 PROJECT;
27 (II) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES
28 OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT;
29 (III) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE
30 PROJECT AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS
31 CONNECTIONS TO OR ROLE WITHIN THE EXISTING AUTHORITY INFRASTRUCTURE AND
32 THE COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE AUTHORITY AND OF
33 ANY STATE OR LOCAL JURISDICTIONS;
34 (IV) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT,
35 CONSTRUCTION, IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPOR-
36 TATION INFRASTRUCTURE PROJECT;
37 (V) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE
38 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE
39 PROJECT; AND
40 (VI) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS-
41 FIES ANY OTHER CRITERIA ESTABLISHED IN THE SOLICITATION MADE PURSUANT TO
42 SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
43 (B) THE AUTHORITY SHALL NOT ACCEPT OR ADVANCE ANY PROPOSAL UNLESS THE
44 AGGREGATE LIFE OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE
45 PROJECT IS LESS THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE
46 PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
47 6. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE
48 AUTHORITY OR BOARD TO MAKE ANY SOLICITATION, ACCEPT ANY PROPOSAL OR
49 ENTER INTO ANY AGREEMENT WITH ANY PUBLIC AND/OR PRIVATE ENTITY.
50 (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO: (I) LIMIT THE AUTHORI-
51 TY'S EXISTING POWERS AND AUTHORITY; (II) REQUIRE THE AUTHORITY TO ACCEPT
52 ANY PROJECT THROUGH THE PROVISIONS OF THIS SECTION; (III) REQUIRE THE
53 AUTHORITY TO ENTER INTO ANY AGREEMENTS PURSUANT TO THIS SECTION; OR (IV)
54 REQUIRE THE AUTHORITY TO TAKE ANY ACTION THAT WOULD CONTRADICT OR IMPAIR
55 ANY EXISTING AUTHORITY CONTRACT OR AGREEMENT WITH ITS BONDHOLDERS OR
56 OTHER ENTITIES.
A. 8487 21
1 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
2 TY MAY CONVEY AN INTEREST IN PROPERTY, IN WHICH THE AUTHORITY HAS AN
3 INTEREST TO A PUBLIC AND/OR PRIVATE ENTITY PURSUANT TO THE TERMS OF A
4 TRANSPORTATION INFRASTRUCTURE AGREEMENT, PROVIDED HOWEVER THAT NO SUCH
5 INTEREST SHALL BE A FEE SIMPLE ABSOLUTE AND ANY CONVEYANCE OF AN INTER-
6 EST IN PROPERTY IN EXCESS OF THIRTY-FIVE YEARS SHALL REQUIRE APPROVAL OF
7 A SUPER-MAJORITY OF THE BOARD PURSUANT TO ARTICLE FORTY-THREE OF THE
8 EXECUTIVE LAW.
9 (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND
10 REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS
11 SECTION.
12 (E) PROJECTS UNDERTAKEN BY THE AUTHORITY PURSUANT TO THIS ARTICLE
13 SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE ENVIRON-
14 MENTAL CONSERVATION LAW, AND, WHERE APPLICABLE, THE REQUIREMENTS OF THE
15 NATIONAL ENVIRONMENTAL POLICY ACT.
16 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, TRANSPORTA-
17 TION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSUANT TO THIS SECTION MAY
18 PROVIDE FOR:
19 (A) THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL
20 ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHABILITATION,
21 ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, MANAGEMENT,
22 OPERATION, MAINTENANCE, DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION
23 FACILITIES AND THE PROVISION OF TRANSPORTATION INFRASTRUCTURE BY A
24 SINGLE PUBLIC OR PRIVATE ENTITY OR COMBINATION OF PUBLIC AND PRIVATE
25 ENTITIES;
26 (B) THE ALLOCATION OF RESPONSIBILITY AND TIMING FOR SPECIFIC PROJECT
27 ELEMENTS, REVENUE-SHARING ARRANGEMENTS, ALLOCATION OF FINANCIAL RESPON-
28 SIBILITY FOR COST OVERRUNS, ALLOCATION OF DEVELOPMENT COSTS, INSURANCE
29 OR SURETY REQUIREMENTS, LIABILITY FOR NON-PERFORMANCE, STANDARDS AND
30 INCENTIVES FOR PERFORMANCE, DEFAULT, TERMINATION, BUY-BACK, RENEGOTI-
31 ATION OR AMENDMENT CLAUSES, INSPECTION CLAUSES, FINANCIAL REPORTING,
32 ACCOUNTING AND AUDITING STANDARDS, ENVIRONMENTAL PERFORMANCE STANDARDS,
33 ANY OTHER RIGHTS AND DUTIES;
34 (C) THE IMPOSITION BY THE AUTHORITY, OR THE ESTABLISHMENT BY THE
35 PUBLIC AND/OR PRIVATE ENTITY WITH WHICH THE AUTHORITY CONTRACTS PURSUANT
36 TO THIS SECTION, OF USER FEES AND THE PLEDGE OF ALL OR ANY PORTION THER-
37 EOF IN CONNECTION WITH ANY FINANCING THEREON CONSISTENT WITH PARAGRAPH
38 (F) OF SUBDIVISION TWO OF THIS SECTION AND EXISTING CONTRACTS OR RESOL-
39 UTIONS RELATING THERETO; AND
40 (D) THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL OR NAVIGABLE
41 WATER COURSE OR RIGHT-OF-WAY, OR OTHER ROADWAY SO LONG AS THE CROSSING
42 DOES NOT UNREASONABLY INTERFERE WITH THE REASONABLE USE THEREOF.
43 8. ANY AUTHORITY REVENUES DERIVED FROM ANY LEASE, CONCESSION OR OTHER
44 FINANCING STRUCTURE PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREE-
45 MENT MAY ONLY BE USED FOR THE PURPOSE OF THE DEVELOPMENT OF TRANSPORTA-
46 TION INFRASTRUCTURE.
47 9. IN THE EVENT A PUBLIC OR PRIVATE ENTITY DEFAULTS ON ITS OBLIGATIONS
48 UNDER A TRANSPORTATION INFRASTRUCTURE AGREEMENT ENTERED INTO PURSUANT TO
49 SUBDIVISION TWO OF THIS SECTION, THE AUTHORITY WITH BOARD APPROVAL IS
50 HEREBY AUTHORIZED BUT NOT REQUIRED TO ACQUIRE ALL OR ANY PORTION OF ANY
51 TRANSPORTATION INFRASTRUCTURE CONSTRUCTED OR UNDER CONSTRUCTION OR
52 DEVELOPMENT BY OR IN CONJUNCTION WITH SUCH PUBLIC OR PRIVATE ENTITY,
53 WITH ANY DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT
54 BEING AN OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION OF THE
55 TRANSPORTATION INFRASTRUCTURE. THE AUTHORITY MAY ALSO TERMINATE THE
56 TRANSPORTATION INFRASTRUCTURE AGREEMENT AND EXERCISE ANY OTHER RIGHTS OR
A. 8487 22
1 REMEDIES WHICH MAY BE AVAILABLE TO IT AT LAW OR IN EQUITY. IN THE EVENT
2 OF SUCH ACQUISITION AND NOTWITHSTANDING ANY PROVISION OF LAW TO THE
3 CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED, BUT NOT REQUIRED, TO OPER-
4 ATE AND MAINTAIN THE TRANSPORTATION INFRASTRUCTURE, INCLUDING THE IMPO-
5 SITION AND COLLECTION OF APPLICABLE USER FEES.
6 10. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE AUTHOR-
7 ITY, THROUGH TRANSPORTATION INFRASTRUCTURE AGREEMENTS MAY:
8 (A) TAKE ANY ACTION TO OBTAIN FEDERAL, STATE OR LOCAL ASSISTANCE FOR A
9 TRANSPORTATION INFRASTRUCTURE PROJECT THAT SERVES THE PUBLIC PURPOSE OF
10 THIS CHAPTER AND MAY ENTER INTO ANY CONTRACTS REQUIRED TO RECEIVE SUCH
11 FEDERAL ASSISTANCE. THE AUTHORITY MAY USE SUCH ASSISTANCE FOR THE IMPLE-
12 MENTATION OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO
13 PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND
14 (B) AGREE TO MAKE GRANTS OR LOANS OR OTHER FORMS OF ASSISTANCE FOR THE
15 DEVELOPMENT AND/OR OPERATION OF THE TRANSPORTATION INFRASTRUCTURE
16 PROJECT FROM TIME TO TIME FROM AMOUNTS RECEIVED FROM THE FEDERAL, STATE,
17 OR LOCAL GOVERNMENT, OR ANY AGENCY OR INSTRUMENTALITY THEREOF.
18 11. NOTHING IN THIS SECTION OR IN A TRANSPORTATION INFRASTRUCTURE
19 AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION SHALL BE DEEMED TO
20 ENLARGE, DIMINISH OR AFFECT THE AUTHORITY, IF ANY, OTHERWISE POSSESSED
21 BY THE AUTHORITY TO TAKE ACTION THAT WOULD IMPACT THE DEBT CAPACITY OF
22 THE STATE OR ANY OTHER PUBLIC ENTITY.
23 12. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY:
24 (A) THE PRIVATE ENTITY SHALL HAVE ALL POWER ALLOWED BY LAW GENERALLY
25 TO A PRIVATE ENTITY HAVING THE SAME FORM OF ORGANIZATION AS THE PRIVATE
26 ENTITY AND SHALL HAVE THE POWER TO DEVELOP AND/OR OPERATE THE TRANSPOR-
27 TATION INFRASTRUCTURE AND IMPOSE USER FEES PURSUANT TO A TRANSPORTATION
28 INFRASTRUCTURE AGREEMENT CONSISTENT WITH PARAGRAPH (F) OF SUBDIVISION
29 TWO OF THIS SECTION AND/OR ENTER INTO SERVICE CONTRACTS OR OTHER AGREE-
30 MENTS IN CONNECTION WITH THE USE THEREOF.
31 (B) THE PRIVATE ENTITY MAY LEASE OR ACQUIRE ANY OTHER RIGHT TO USE OR
32 DEVELOP AND/OR OPERATE THE TRANSPORTATION INFRASTRUCTURE CONSISTENT WITH
33 PARAGRAPH (C) OF SUBDIVISION SIX OF THIS SECTION; AND
34 (C) IN OPERATING THE TRANSPORTATION INFRASTRUCTURE, THE PRIVATE ENTITY
35 MAY PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREEMENT MAKE CLASSI-
36 FICATIONS ACCORDING TO REASONABLE CATEGORIES FOR ASSESSMENT OF USER FEES
37 PROVIDED SUCH PRIVATE ENTITY GETS NECESSARY APPROVAL IN ACCORDANCE WITH
38 THE TERMS OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENT.
39 13. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED PURSUANT TO THIS
40 SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND RIGHTS
41 IN INTELLECTUAL PROPERTY AND TRADE SECRETS AND INFORMATION OTHERWISE
42 PROTECTED BY STATE OR FEDERAL LAW.
43 14. IF ANY CLAUSE OR PROVISION OF THIS SECTION SHALL BE DETERMINED TO
44 BE UNCONSTITUTIONAL OR BE INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT
45 THAT IT IS NOT UNCONSTITUTIONAL OR INEFFECTIVE, IT SHALL BE VALID AND
46 EFFECTIVE AND NO OTHER CLAUSE OR PROVISION SHALL, ON ACCOUNT THEREOF, BE
47 DEEMED INVALID OR INEFFECTIVE.
48 S 7. This act shall take effect immediately.