S T A T E O F N E W Y O R K
________________________________________________________________________
3522
2015-2016 Regular Sessions
I N A S S E M B L Y
January 23, 2015
___________
Introduced by M. of A. MORELLE -- Multi-Sponsored by -- M. of A. LOPEZ
-- read once and referred to the Committee on Transportation
AN ACT to amend the transportation law, the executive law and the public
authorities law, in relation to authorizing 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 23 to
4 read as follows:
5 ARTICLE 23
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.
LBD04717-01-5
A. 3522 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 4. "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT
23 ENTERED INTO BY THE COMMISSIONER PURSUANT TO SECTION FIVE HUNDRED ONE OF
24 THIS ARTICLE.
25 5. "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 6. "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. 3522 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. 3522 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.
A. 3522 5
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. 3522 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. 3522 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 OR SUBDIVISION ONE OF SECTION THREE HUNDRED
33 EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW, WHICH PROVIDES FOR THE
34 CONVEYANCE OF ANY INTEREST IN EXCESS OF THIRTY-FIVE YEARS SHALL REQUIRE
35 AN AFFIRMATIVE VOTE BY A SUPER-MAJORITY OF SIX MEMBERS FOR APPROVAL.
36 6. MEETINGS SHALL BE CALLED BY THE CHAIR OR BY A MAJORITY OF THOSE
37 MEMBERS APPOINTED. MEETINGS SHALL BE HELD AT LEAST BI-ANNUALLY.
38 7. THE BOARD MAY APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE
39 FOR THE PERFORMANCE OF ITS DUTIES AND FIX AND DETERMINE THEIR QUALIFICA-
40 TIONS, DUTIES, AND COMPENSATION, AND RETAIN OR EMPLOY COUNSEL, AUDITORS
41 AND PRIVATE FINANCIAL CONSULTANTS AND OTHER SERVICES ON A CONTRACT BASIS
42 OR OTHERWISE FOR RENDERING PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES
43 AND ADVICE; SUCH AUTHORITY SHALL BE SUBJECT TO APPROPRIATION.
44 8. THE BOARD SHALL ESTABLISH BY-LAWS FOR THE MANAGEMENT AND REGULATION
45 OF ITS AFFAIRS.
46 S 931. POWERS AND DUTIES. 1. SOLICITATION OF PROPOSALS. THE BOARD MAY
47 APPROVE AND PUBLICLY SOLICIT A PRELIMINARY PROPOSAL ADVANCED PURSUANT TO
48 SECTION FIVE HUNDRED FOUR OF THE TRANSPORTATION LAW OR SUBDIVISION FOUR
49 OF SECTION THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW, OR
50 MAY PUBLICLY SOLICIT OTHER PROPOSALS FROM PUBLIC AND/OR PRIVATE ENTITIES
51 FOR TRANSPORTATION INFRASTRUCTURE PROJECTS AS DEFINED IN SUBDIVISION
52 FIVE OF SECTION FIVE HUNDRED OF THE TRANSPORTATION LAW, SUBDIVISION ONE
53 OF SECTION THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW OR
54 SUBDIVISION ONE OF SECTION FIVE HUNDRED FORTY-THREE OF THE PUBLIC
55 AUTHORITIES LAW.
A. 3522 8
1 2. APPROVAL OF BEST VALUE PROPOSALS. (A) THE BOARD MAY APPROVE A
2 PROPOSAL PRELIMINARILY ACCEPTED PURSUANT TO SECTION FIVE HUNDRED FIVE OF
3 THE TRANSPORTATION LAW, SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHT-
4 Y-NINE OF THE PUBLIC AUTHORITIES LAW, SUBDIVISION FIVE OF SECTION FIVE
5 HUNDRED FORTY-THREE OF THE PUBLIC AUTHORITIES LAW, OR ANY OTHER PROPOSAL
6 PROPERLY SUBMITTED IN RESPONSE TO A SOLICITATION MADE PURSUANT TO SUBDI-
7 VISION ONE OF THIS SECTION IF THE BOARD DETERMINES THAT SUCH PROPOSAL
8 PRESENTS THE BEST VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF
9 THE STATE FINANCE LAW CONSIDERING THE FOLLOWING:
10 (I) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE
11 PROJECT;
12 (II) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES
13 OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT;
14 (III) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE
15 PROJECT, AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS
16 CONNECTIONS TO OR ROLE WITHIN THE EXISTING TRANSPORTATION SYSTEM AND THE
17 COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE STATE AND OF ANY
18 AFFECTED LOCAL JURISDICTIONS;
19 (IV) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT,
20 CONSTRUCTION, IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPOR-
21 TATION INFRASTRUCTURE PROJECT;
22 (V) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE
23 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE
24 PROJECT; AND
25 (VI) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS-
26 FIES ANY OTHER CRITERIA ESTABLISHED BY THE BOARD IN THE SOLICITATION
27 MADE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
28 (B) THE BOARD SHALL NOT APPROVE ANY PROPOSAL UNLESS THE AGGREGATE LIFE
29 OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE PROJECT IS LESS
30 THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE PURSUANT TO SECTION
31 FIVE HUNDRED THREE OF THE TRANSPORTATION LAW, SUBDIVISION THREE OF
32 SECTION THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW OR
33 SUBDIVISION THREE OF SECTION FIVE HUNDRED FORTY-THREE OF THE PUBLIC
34 AUTHORITIES LAW.
35 (C) THE BOARD MAY ONLY APPROVE A PROPOSAL CONTAINING THE CONVEYANCE OF
36 ANY INTEREST IN EXCESS OF THIRTY-FIVE YEARS WITH THE AFFIRMATIVE VOTE OF
37 A SUPER-MAJORITY AS SET FORTH IN SUBDIVISION FIVE OF SECTION NINE
38 HUNDRED THIRTY OF THIS ARTICLE.
39 3. APPROVAL OF TRANSPORTATION INFRASTRUCTURE AGREEMENTS. BOARD
40 APPROVAL SHALL BE REQUIRED OF ANY TRANSPORTATION INFRASTRUCTURE AGREE-
41 MENT TO BE ENTERED INTO PURSUANT TO SECTION FIVE HUNDRED ONE OF THE
42 TRANSPORTATION LAW, SUBDIVISION TWO OF SECTION THREE HUNDRED EIGHTY-NINE
43 OF THE PUBLIC AUTHORITIES LAW, OR SUBDIVISION TWO OF SECTION FIVE
44 HUNDRED FORTY-THREE OF THE PUBLIC AUTHORITIES LAW.
45 4. APPROVAL OF ACQUISITION OF ALL OR PART OF TRANSPORTATION INFRAS-
46 TRUCTURE. BOARD APPROVAL SHALL BE REQUIRED FOR THE ACQUISITION OF ALL OR
47 ANY PART OF ANY TRANSPORTATION INFRASTRUCTURE PURSUANT TO SECTION FIVE
48 HUNDRED TEN OF THE TRANSPORTATION LAW OR SUBDIVISION NINE OF SECTION
49 THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW.
50 5. ANNUAL REPORT. THE BOARD SHALL PREPARE AN ANNUAL REPORT AND SHALL
51 SUBMIT SUCH REPORT ON OR BEFORE JANUARY THIRTY-FIRST OF EACH YEAR TO THE
52 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
53 ASSEMBLY AND THE CHAIRS OF THE SENATE AND ASSEMBLY TRANSPORTATION
54 COMMITTEES. (A) THE ANNUAL REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED
55 TO:
A. 3522 9
1 (I) DETAILS OF ANY SOLICITATION OR PRELIMINARY SOLICITATION MADE OR
2 PREPARED DURING THE REPORTING PERIOD;
3 (II) DETAILS OF ANY PROPOSAL SUBMITTED OR ACCEPTED PURSUANT TO A
4 PUBLIC SOLICITATION DURING THE REPORTING PERIOD;
5 (III) DETAILS ON THE PROGRESS OF ONGOING TRANSPORTATION INFRASTRUCTURE
6 PROJECT AGREEMENT NEGOTIATIONS;
7 (IV) DETAILS ON ANY AMENDMENTS TO EXISTING TRANSPORTATION INFRASTRUC-
8 TURE AGREEMENTS DURING THE REPORTING PERIOD;
9 (V) DETAILS OF ONGOING TRANSPORTATION INFRASTRUCTURE PROJECTS, INCLUD-
10 ING BUT NOT LIMITED TO THE MEETING OR FAILURE TO MEET ANY TIME DEAD-
11 LINES, THE ACHIEVEMENT OR FAILURE TO ACHIEVE ANY PERFORMANCE GOALS, ANY
12 COST OVERRUNS, ANY DEFAULT AND ANY OTHER INFORMATION PERTINENT TO THE
13 PROJECT'S ONGOING OPERATION; AND
14 (VI) AN ACCOUNTING OF ANY REVENUES AND EXPENDITURES ASSOCIATED WITH
15 ONGOING TRANSPORTATION INFRASTRUCTURE PROJECTS DURING THE REPORTING
16 PERIOD.
17 (B) THE ANNUAL REPORT MAY ADDITIONALLY INCLUDE ANY RECOMMENDATIONS FOR
18 LEGISLATION RELATED TO TRANSPORTATION INFRASTRUCTURE PROJECT DEVELOP-
19 MENT.
20 S 4. The public authorities law is amended by adding a new section 389
21 to read as follows:
22 S 389. INNOVATIVE INFRASTRUCTURE DEVELOPMENT. NOTWITHSTANDING ANY
23 OTHER PROVISIONS OF LAW TO THE CONTRARY:
24 1. AS USED IN THIS SECTION, UNLESS A DIFFERENT MEANING APPEARS FROM
25 THE CONTEXT, THE TERMS:
26 (A) "PRIVATE ENTITY" MEANS ANY ASSOCIATION, CORPORATION, LIMITED
27 LIABILITY COMPANY, PARTNERSHIP, FIRM, BUSINESS TRUST, JOINT VENTURE,
28 NOT-FOR-PROFIT ENTITY, FUND OR OTHER PRIVATE BUSINESS ENTITY.
29 (B) "PUBLIC ENTITY" MEANS THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER
30 STATE, ANY BI-STATE AUTHORITY OR COMMISSION, ANY MULTI-STATE AUTHORITY
31 OR COMMISSION, ANY MULTI-NATIONAL AUTHORITY OR COMMISSION, ANY NATION,
32 ANY PROVINCE, OR ANY AGENCY, COMMISSION, PUBLIC AUTHORITY, PUBLIC BENE-
33 FIT CORPORATION, POLITICAL SUBDIVISION OR MUNICIPALITY THEREOF, OR ANY
34 OTHER GOVERNMENTAL ENTITY, OR ANY COMBINATION OF THE FOREGOING.
35 (C) "TRANSPORTATION INFRASTRUCTURE" MEANS THE THRUWAY SYSTEM AS
36 DEFINED IN SECTION THREE HUNDRED FIFTY-ONE OF THIS TITLE AND THE
37 PROVISIONS FOR THE MOVEMENT OF PEOPLE, VEHICLES, GOODS OR INFORMATION
38 ON, BY OR THROUGH THE USE OF THE THRUWAY SYSTEM AND SHALL INCLUDE
39 SERVICES PROVIDED PURSUANT TO TRANSPORTATION INFRASTRUCTURE AGREEMENTS.
40 (D) "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT
41 ENTERED INTO BY THE AUTHORITY PURSUANT TO SUBDIVISION TWO OF THIS
42 SECTION.
43 (E) "TRANSPORTATION INFRASTRUCTURE PROJECT" SHALL MEAN THE PLANNING,
44 ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION,
45 RECONSTRUCTION, RESTORATION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT,
46 RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERATION, MAINTENANCE,
47 DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION INFRASTRUCTURE, INCLUD-
48 ING, BUT NOT LIMITED TO, AGREEMENTS RELATING TO THE DISTRIBUTION OF FARE
49 AND TOLL PAYMENT MEDIA AND ELECTRONIC PAYMENT DEVICES, AND THE ESTAB-
50 LISHMENT AND COLLECTION OF USER FEES, PURSUANT TO ONE OR MORE TRANSPOR-
51 TATION INFRASTRUCTURE AGREEMENTS.
52 (F) "USER FEES" MEANS THE RATES, TOLLS, FARES, RENTALS OR FEES OR
53 OTHER CHARGES IMPOSED FOR OR ASSOCIATED WITH THE USE AND OPERATION OF
54 ALL OR A PORTION OF TRANSPORTATION INFRASTRUCTURE PURSUANT TO A TRANS-
55 PORTATION INFRASTRUCTURE AGREEMENT.
A. 3522 10
1 (G) "BOARD" MEANS THE INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD AS
2 ESTABLISHED BY SECTION NINE HUNDRED THIRTY OF THE EXECUTIVE LAW.
3 2. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE
4 AUTHORITY IS AUTHORIZED, AS ADDITIONAL CORPORATE PURPOSES THEREOF, TO
5 ENTER INTO TRANSPORTATION INFRASTRUCTURE AGREEMENTS, ON SUCH TERMS AND
6 CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE AND SUBJECT TO THE
7 APPROVAL OF THE DIRECTOR OF BUDGET AND THE BOARD, AND IN ACCORDANCE WITH
8 SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW, WITH PUBLIC AND/OR
9 PRIVATE ENTITIES TO PROVIDE FOR, OR IN SUPPORT OF, OR ASSOCIATED WITH
10 TRANSPORTATION INFRASTRUCTURE PROJECTS. IN FURTHERANCE OF SUCH AGREE-
11 MENTS, THE AUTHORITY MAY:
12 (A) ACCEPT IN ACCORDANCE WITH THE STATE FINANCE LAW AND THE PUBLIC
13 OFFICERS LAW, ANY APPROPRIATION, GRANT, OR OFFER OF FUNDS OR PROPERTY OR
14 OTHER FORMS OF ASSISTANCE FOR THE PURPOSES OF THIS SECTION FROM ANY
15 PUBLIC AND/OR PRIVATE ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS
16 THEREOF;
17 (B) ACCEPT, PURSUANT TO THE TERMS OF A TRANSPORTATION INFRASTRUCTURE
18 AGREEMENT, PROPERTY OR ANY INTEREST THEREIN AND TRANSPORTATION INFRAS-
19 TRUCTURE TO BE MAINTAINED AS PART OF THE THRUWAY SYSTEM. ANY SUCH INTER-
20 EST IN TRANSPORTATION INFRASTRUCTURE SO ACQUIRED SHALL BE DEEMED TO HAVE
21 BEEN ACQUIRED BY THE AUTHORITY OR AT THE AUTHORITY'S REQUEST PURSUANT TO
22 THIS TITLE;
23 (C) UTILIZE ANY OF ITS POWERS OR AUTHORITY TO ACHIEVE THE PURPOSES OF
24 THIS SECTION INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE BONDS,
25 NOTES AND OTHER OBLIGATIONS;
26 (D) FINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO ANY
27 PUBLIC AND/OR PRIVATE ENTITY OF ANY TRANSPORTATION INFRASTRUCTURE
28 PROJECT, INCLUDING FINANCING THROUGH OR ACCOMPANIED BY ONE OR MORE LEAS-
29 ES OR CONCESSIONS OF SUCH PROJECT OR ANY PART THEREOF BY OR TO SUCH
30 ENTITY OR ENTITIES AND/OR BY OR TO THE AUTHORITY OR ANY OF ITS SUBSID-
31 IARIES OR AFFILIATES;
32 (E) UTILIZE THE AUTHORITY'S EMINENT DOMAIN POWERS, PURSUANT TO
33 SECTIONS THREE HUNDRED FIFTY-EIGHT AND THREE HUNDRED FIFTY-EIGHT-A OF
34 THIS TITLE, ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY DEEMS APPRO-
35 PRIATE, TO ACQUIRE PROPERTY REQUIRED FOR TRANSPORTATION INFRASTRUCTURE
36 PROJECTS; AND
37 (F) PROVIDE FOR THE COLLECTION AND/OR RETENTION OF USER FEES PURSUANT
38 TO THIS ARTICLE; PROVIDED HOWEVER THAT ANY PROVISION OF A TRANSPORTATION
39 INFRASTRUCTURE AGREEMENT WHICH PROVIDES FOR INCREASES IN USER FEES ON
40 INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES, ESTABLISHMENT OF USER
41 FEES IN A NEW LOCATION ON INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES,
42 OR THE ESTABLISHMENT OF USER FEES ON NEWLY CONSTRUCTED INFRASTRUCTURE OR
43 INFRASTRUCTURE IMPROVED TO INCREASE CAPACITY SHALL BE CONSISTENT WITH
44 THE POWERS OF THE AUTHORITY TO ESTABLISH OR INCREASE USER FEES PURSUANT
45 TO THIS TITLE.
46 3. COST ANALYSIS. PRIOR TO ANY SOLICITATION OF PROPOSALS MADE PURSUANT
47 TO SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW THE AUTHORITY
48 SHALL CONDUCT A STUDY AND ISSUE A REPORT WHICH SHALL DETAIL THE RISK
49 ADJUSTED ESTIMATED LIFE OF PROJECT COST FOR THE PROPOSED TRANSPORTATION
50 INFRASTRUCTURE PROJECT WERE THE AUTHORITY TO UNDERTAKE SUCH PROJECT
51 THROUGH TRADITIONAL MEANS OF PROCUREMENT AND FINANCING.
52 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
53 IS AUTHORIZED TO PREPARE PRELIMINARY SOLICITATIONS FOR THE PROVISION OF
54 TRANSPORTATION INFRASTRUCTURE PROJECTS. SUCH SOLICITATIONS SHALL SET
55 FORTH THE PROPOSED PARAMETERS OF THE PROJECT AND SHALL BE SUBJECT TO
A. 3522 11
1 APPROVAL OF THE BOARD PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE
2 EXECUTIVE LAW.
3 5. (A) AFTER A SOLICITATION MADE PURSUANT TO SECTION NINE HUNDRED
4 THIRTY-ONE OF THE EXECUTIVE LAW, THE AUTHORITY SHALL REVIEW ALL PROPER
5 PROPOSALS AND MAY PRELIMINARILY ACCEPT AND ADVANCE TO THE BOARD FOR
6 APPROVAL THE PROPOSAL THAT IS DETERMINED BY THE AUTHORITY TO BE THE BEST
7 VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE
8 LAW CONSIDERING THE FOLLOWING:
9 (I) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE
10 PROJECT;
11 (II) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES
12 OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT;
13 (III) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE
14 PROJECT AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS
15 CONNECTIONS TO OR ROLE WITHIN THE EXISTING THRUWAY SYSTEM AND THE
16 COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE AUTHORITY AND OF ANY
17 STATE OR LOCAL JURISDICTIONS;
18 (IV) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT,
19 CONSTRUCTION, IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPOR-
20 TATION INFRASTRUCTURE PROJECT;
21 (V) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE
22 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE
23 PROJECT; AND
24 (VI) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS-
25 FIES ANY OTHER CRITERIA ESTABLISHED IN THE SOLICITATION MADE PURSUANT TO
26 SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
27 (B) THE AUTHORITY SHALL NOT ACCEPT OR ADVANCE ANY PROPOSAL UNLESS THE
28 AGGREGATE LIFE OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE
29 PROJECT IS LESS THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE
30 PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
31 6. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE
32 AUTHORITY OR BOARD TO MAKE ANY SOLICITATION, ACCEPT ANY PROPOSAL OR
33 ENTER INTO ANY AGREEMENT WITH ANY PUBLIC AND/OR PRIVATE ENTITY.
34 (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO: (I) LIMIT THE AUTHOR-
35 ITY'S EXISTING POWERS AND AUTHORITY; (II) REQUIRE THE AUTHORITY TO
36 ACCEPT ANY PROJECT THROUGH THE PROVISIONS OF THIS SECTION; (III) REQUIRE
37 THE AUTHORITY TO ENTER INTO ANY AGREEMENTS PURSUANT TO THIS SECTION; OR
38 (IV) REQUIRE THE AUTHORITY TO TAKE ANY ACTION THAT WOULD CONTRADICT OR
39 IMPAIR ANY EXISTING AUTHORITY CONTRACT OR AGREEMENT WITH ITS BONDHOLDERS
40 OR OTHER ENTITIES.
41 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
42 TY MAY CONVEY AN INTEREST IN PROPERTY, IN WHICH THE AUTHORITY HAS AN
43 INTEREST TO A PUBLIC AND/OR PRIVATE ENTITY PURSUANT TO THE TERMS OF A
44 TRANSPORTATION INFRASTRUCTURE AGREEMENT, PROVIDED HOWEVER THAT NO SUCH
45 INTEREST SHALL BE A FEE SIMPLE ABSOLUTE AND ANY CONVEYANCE OF AN INTER-
46 EST IN PROPERTY IN EXCESS OF THIRTY-FIVE YEARS SHALL REQUIRE APPROVAL OF
47 A SUPER-MAJORITY OF THE BOARD PURSUANT TO ARTICLE FORTY-THREE OF THE
48 EXECUTIVE LAW.
49 (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND
50 REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS
51 SECTION.
52 (E) PROJECTS UNDERTAKEN BY THE AUTHORITY PURSUANT TO THIS ARTICLE
53 SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE ENVIRON-
54 MENTAL CONSERVATION LAW, AND, WHERE APPLICABLE, THE REQUIREMENTS OF THE
55 NATIONAL ENVIRONMENTAL POLICY ACT.
A. 3522 12
1 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, TRANSPORTA-
2 TION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSUANT TO THIS SECTION MAY
3 PROVIDE FOR:
4 (A) THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL
5 ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHABILITATION,
6 ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, MANAGEMENT,
7 OPERATION, MAINTENANCE, DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION
8 FACILITIES AND THE PROVISION OF TRANSPORTATION INFRASTRUCTURE BY A
9 SINGLE PUBLIC OR PRIVATE ENTITY OR COMBINATION OF PUBLIC AND PRIVATE
10 ENTITIES;
11 (B) THE ALLOCATION OF RESPONSIBILITY AND TIMING FOR SPECIFIC PROJECT
12 ELEMENTS, REVENUE-SHARING ARRANGEMENTS, ALLOCATION OF FINANCIAL RESPON-
13 SIBILITY FOR COST OVERRUNS, ALLOCATION OF DEVELOPMENT COSTS, INSURANCE
14 OR SURETY REQUIREMENTS, LIABILITY FOR NON-PERFORMANCE, STANDARDS AND
15 INCENTIVES FOR PERFORMANCE, DEFAULT, TERMINATION, BUY-BACK, RENEGOTI-
16 ATION OR AMENDMENT CLAUSES, INSPECTION CLAUSES, FINANCIAL REPORTING,
17 ACCOUNTING AND AUDITING STANDARDS, ENVIRONMENTAL PERFORMANCE STANDARDS,
18 ANY OTHER RIGHTS AND DUTIES;
19 (C) THE IMPOSITION BY THE AUTHORITY, OR THE ESTABLISHMENT BY THE
20 PUBLIC AND/OR PRIVATE ENTITY WITH WHICH THE AUTHORITY CONTRACTS PURSUANT
21 TO THIS SECTION, OF USER FEES AND THE PLEDGE OF ALL OR ANY PORTION THER-
22 EOF IN CONNECTION WITH ANY FINANCING THEREON CONSISTENT WITH PARAGRAPH
23 (F) OF SUBDIVISION TWO OF THIS SECTION AND EXISTING CONTRACTS OR RESOL-
24 UTIONS RELATING THERETO; AND
25 (D) THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL OR NAVIGABLE
26 WATER COURSE OR RIGHT-OF-WAY, OR OTHER ROADWAY SO LONG AS THE CROSSING
27 DOES NOT UNREASONABLY INTERFERE WITH THE REASONABLE USE THEREOF.
28 8. ANY AUTHORITY REVENUES DERIVED FROM ANY LEASE, CONCESSION OR OTHER
29 FINANCING STRUCTURE PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREE-
30 MENT MAY ONLY BE USED FOR THE PURPOSE OF THE DEVELOPMENT OF TRANSPORTA-
31 TION INFRASTRUCTURE.
32 9. IN THE EVENT A PUBLIC OR PRIVATE ENTITY DEFAULTS ON ITS OBLIGATIONS
33 UNDER A TRANSPORTATION INFRASTRUCTURE AGREEMENT ENTERED INTO PURSUANT TO
34 SUBDIVISION TWO OF THIS SECTION, THE AUTHORITY WITH BOARD APPROVAL IS
35 HEREBY AUTHORIZED BUT NOT REQUIRED TO ACQUIRE ALL OR ANY PORTION OF ANY
36 TRANSPORTATION INFRASTRUCTURE CONSTRUCTED OR UNDER CONSTRUCTION OR
37 DEVELOPMENT BY OR IN CONJUNCTION WITH SUCH PUBLIC OR PRIVATE ENTITY,
38 WITH ANY DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT
39 BEING AN OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION OF THE
40 TRANSPORTATION INFRASTRUCTURE. THE AUTHORITY MAY ALSO TERMINATE THE
41 TRANSPORTATION INFRASTRUCTURE AGREEMENT AND EXERCISE ANY OTHER RIGHTS OR
42 REMEDIES WHICH MAY BE AVAILABLE TO IT AT LAW OR IN EQUITY. IN THE EVENT
43 OF SUCH ACQUISITION AND NOTWITHSTANDING ANY PROVISION OF LAW TO THE
44 CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED, BUT NOT REQUIRED, TO OPER-
45 ATE AND MAINTAIN THE TRANSPORTATION INFRASTRUCTURE, INCLUDING THE IMPO-
46 SITION AND COLLECTION OF APPLICABLE USER FEES.
47 10. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE AUTHOR-
48 ITY, THROUGH TRANSPORTATION INFRASTRUCTURE AGREEMENTS MAY:
49 (A) TAKE ANY ACTION TO OBTAIN FEDERAL, STATE OR LOCAL ASSISTANCE FOR A
50 TRANSPORTATION INFRASTRUCTURE PROJECT THAT SERVES THE PUBLIC PURPOSE OF
51 THIS CHAPTER AND MAY ENTER INTO ANY CONTRACTS REQUIRED TO RECEIVE SUCH
52 FEDERAL ASSISTANCE. THE AUTHORITY MAY USE SUCH ASSISTANCE FOR THE IMPLE-
53 MENTATION OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO
54 PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND
55 (B) AGREE TO MAKE GRANTS OR LOANS OR OTHER FORMS OF ASSISTANCE FOR THE
56 DEVELOPMENT AND/OR OPERATION OF THE TRANSPORTATION INFRASTRUCTURE
A. 3522 13
1 PROJECT FROM TIME TO TIME FROM AMOUNTS RECEIVED FROM THE FEDERAL, STATE,
2 OR LOCAL GOVERNMENT, OR ANY AGENCY OR INSTRUMENTALITY THEREOF.
3 11. NOTHING IN THIS SECTION OR IN A TRANSPORTATION INFRASTRUCTURE
4 AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION SHALL BE DEEMED TO
5 ENLARGE, DIMINISH OR AFFECT THE AUTHORITY, IF ANY, OTHERWISE POSSESSED
6 BY THE AUTHORITY TO TAKE ACTION THAT WOULD IMPACT THE DEBT CAPACITY OF
7 THE STATE OR ANY OTHER PUBLIC ENTITY.
8 12. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY:
9 (A) THE PRIVATE ENTITY SHALL HAVE ALL POWER ALLOWED BY LAW GENERALLY
10 TO A PRIVATE ENTITY HAVING THE SAME FORM OF ORGANIZATION AS THE PRIVATE
11 ENTITY AND SHALL HAVE THE POWER TO DEVELOP AND/OR OPERATE THE TRANSPOR-
12 TATION INFRASTRUCTURE AND IMPOSE USER FEES PURSUANT TO A TRANSPORTATION
13 INFRASTRUCTURE AGREEMENT CONSISTENT WITH PARAGRAPH (F) OF SUBDIVISION
14 TWO OF THIS SECTION AND/OR ENTER INTO SERVICE CONTRACTS OR OTHER AGREE-
15 MENTS IN CONNECTION WITH THE USE THEREOF;
16 (B) THE PRIVATE ENTITY MAY LEASE OR ACQUIRE ANY OTHER RIGHT TO USE OR
17 DEVELOP AND/OR OPERATE THE TRANSPORTATION INFRASTRUCTURE CONSISTENT WITH
18 PARAGRAPH (C) OF SUBDIVISION SIX OF THIS SECTION; AND
19 (C) IN OPERATING THE TRANSPORTATION INFRASTRUCTURE, THE PRIVATE ENTITY
20 MAY PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREEMENT MAKE CLASSI-
21 FICATIONS ACCORDING TO REASONABLE CATEGORIES FOR ASSESSMENT OF USER FEES
22 PROVIDED SUCH PRIVATE ENTITY GETS NECESSARY APPROVAL IN ACCORDANCE WITH
23 THE TERMS OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENT.
24 13. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED PURSUANT TO THIS
25 SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND RIGHTS
26 IN INTELLECTUAL PROPERTY AND TRADE SECRETS AND INFORMATION OTHERWISE
27 PROTECTED BY STATE OR FEDERAL LAW.
28 14. IF ANY CLAUSE OR PROVISION OF THIS SECTION SHALL BE DETERMINED TO
29 BE UNCONSTITUTIONAL OR BE INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT
30 THAT IT IS NOT UNCONSTITUTIONAL OR INEFFECTIVE, IT SHALL BE VALID AND
31 EFFECTIVE AND NO OTHER CLAUSE OR PROVISION SHALL, ON ACCOUNT THEREOF, BE
32 DEEMED INVALID OR INEFFECTIVE.
33 S 5. The public authorities law is amended by adding a new section
34 543 to read as follows:
35 S 543. INNOVATIVE INFRASTRUCTURE DEVELOPMENT. NOTWITHSTANDING ANY
36 OTHER PROVISIONS OF LAW TO THE CONTRARY:
37 1. AS USED IN THIS SECTION, UNLESS A DIFFERENT MEANING APPEARS FROM
38 THE CONTEXT, THE TERMS:
39 (A) "PRIVATE ENTITY" MEANS ANY ASSOCIATION, CORPORATION, LIMITED
40 LIABILITY COMPANY, PARTNERSHIP, FIRM, BUSINESS TRUST, JOINT VENTURE,
41 NOT-FOR-PROFIT ENTITY, FUND OR OTHER PRIVATE BUSINESS ENTITY.
42 (B) "PUBLIC ENTITY" MEANS THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER
43 STATE, ANY BI-STATE AUTHORITY OR COMMISSION, ANY MULTI-STATE AUTHORITY
44 OR COMMISSION, ANY MULTI-NATIONAL AUTHORITY OR COMMISSION, ANY NATION,
45 ANY PROVINCE, OR ANY AGENCY, COMMISSION, PUBLIC AUTHORITY, PUBLIC BENE-
46 FIT CORPORATION, POLITICAL SUBDIVISION OR MUNICIPALITY THEREOF, OR ANY
47 OTHER GOVERNMENTAL ENTITY, OR ANY COMBINATION OF THE FOREGOING.
48 (C) "TRANSPORTATION INFRASTRUCTURE" MEANS BRIDGES AS DEFINED IN SUBDI-
49 VISION NINE OF SECTION FIVE HUNDRED TWENTY-SIX OF THIS TITLE AND THE
50 PROVISIONS FOR THE MOVEMENT OF PEOPLE, VEHICLES, GOODS OR INFORMATION
51 ON, BY OR THROUGH THE USE OF BRIDGES AND SHALL INCLUDE SERVICES PROVIDED
52 PURSUANT TO TRANSPORTATION INFRASTRUCTURE AGREEMENTS.
53 (D) "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT
54 ENTERED INTO BY THE AUTHORITY PURSUANT TO SUBDIVISION TWO OF THIS
55 SECTION.
A. 3522 14
1 (E) "TRANSPORTATION INFRASTRUCTURE PROJECT" SHALL MEAN THE PLANNING,
2 ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION,
3 RECONSTRUCTION, RESTORATION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT,
4 RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERATION, MAINTENANCE,
5 DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION INFRASTRUCTURE, INCLUD-
6 ING, BUT NOT LIMITED TO, AGREEMENTS RELATING TO THE DISTRIBUTION OF FARE
7 AND TOLL PAYMENT MEDIA AND ELECTRONIC PAYMENT DEVICES, AND THE ESTAB-
8 LISHMENT AND COLLECTION OF USER FEES, PURSUANT TO ONE OR MORE TRANSPOR-
9 TATION INFRASTRUCTURE AGREEMENTS.
10 (F) "USER FEES" MEANS THE RATES, TOLLS, FARES, RENTALS OR FEES OR
11 OTHER CHARGES IMPOSED FOR OR ASSOCIATED WITH THE USE AND OPERATION OF
12 ALL OR A PORTION OF TRANSPORTATION INFRASTRUCTURE PURSUANT TO A TRANS-
13 PORTATION INFRASTRUCTURE AGREEMENT.
14 (G) "BOARD" MEANS THE INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD AS
15 ESTABLISHED BY SECTION NINE HUNDRED THIRTY OF THE EXECUTIVE LAW.
16 2. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE
17 AUTHORITY IS AUTHORIZED, AS ADDITIONAL CORPORATE PURPOSES THEREOF, TO
18 ENTER INTO TRANSPORTATION INFRASTRUCTURE AGREEMENTS, ON SUCH TERMS AND
19 CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE AND SUBJECT TO THE
20 APPROVAL OF THE DIRECTOR OF BUDGET AND THE BOARD, AND IN ACCORDANCE WITH
21 SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW, WITH PUBLIC AND/OR
22 PRIVATE ENTITIES TO PROVIDE FOR, OR IN SUPPORT OF, OR ASSOCIATED WITH
23 TRANSPORTATION INFRASTRUCTURE PROJECTS. IN FURTHERANCE OF SUCH AGREE-
24 MENTS, THE AUTHORITY MAY:
25 (A) ACCEPT IN ACCORDANCE WITH THE STATE FINANCE LAW AND THE PUBLIC
26 OFFICERS LAW, ANY APPROPRIATION, GRANT, OR OFFER OF FUNDS OR PROPERTY OR
27 OTHER FORMS OF ASSISTANCE FOR THE PURPOSES OF THIS SECTION FROM ANY
28 PUBLIC AND/OR PRIVATE ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS
29 THEREOF;
30 (B) ACCEPT, PURSUANT TO THE TERMS OF A TRANSPORTATION INFRASTRUCTURE
31 AGREEMENT, PROPERTY OR ANY INTEREST THEREIN AND TRANSPORTATION INFRAS-
32 TRUCTURE TO BE MAINTAINED BY THE AUTHORITY. ANY SUCH INTEREST IN TRANS-
33 PORTATION INFRASTRUCTURE SO ACQUIRED SHALL BE DEEMED TO HAVE BEEN
34 ACQUIRED BY THE AUTHORITY OR AT THE AUTHORITY'S REQUEST PURSUANT TO THIS
35 TITLE;
36 (C) UTILIZE ANY OF ITS POWERS OR AUTHORITY TO ACHIEVE THE PURPOSES OF
37 THIS SECTION INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE BONDS,
38 NOTES AND OTHER OBLIGATIONS;
39 (D) FINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO ANY
40 PUBLIC AND/OR PRIVATE ENTITY OF ANY TRANSPORTATION INFRASTRUCTURE
41 PROJECT, INCLUDING FINANCING THROUGH OR ACCOMPANIED BY ONE OR MORE LEAS-
42 ES OR CONCESSIONS OF SUCH PROJECT OR ANY PART THEREOF BY OR TO SUCH
43 ENTITY OR ENTITIES AND/OR BY OR TO THE AUTHORITY OR ANY OF ITS SUBSID-
44 IARIES OR AFFILIATES;
45 (E) UTILIZE THE AUTHORITY'S EMINENT DOMAIN POWERS, PURSUANT TO SECTION
46 FIVE HUNDRED TWENTY-NINE OF THIS TITLE, ON SUCH TERMS AND CONDITIONS AS
47 THE AUTHORITY DEEMS APPROPRIATE, TO ACQUIRE PROPERTY REQUIRED FOR TRANS-
48 PORTATION INFRASTRUCTURE PROJECTS; AND
49 (F) PROVIDE FOR THE COLLECTION AND/OR RETENTION OF USER FEES PURSUANT
50 TO THIS ARTICLE; PROVIDED HOWEVER THAT ANY PROVISION OF A TRANSPORTATION
51 INFRASTRUCTURE AGREEMENT WHICH PROVIDES FOR INCREASES IN USER FEES ON
52 INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES, ESTABLISHMENT OF USER
53 FEES IN A NEW LOCATION ON INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES,
54 OR THE ESTABLISHMENT OF USER FEES ON NEWLY CONSTRUCTED INFRASTRUCTURE OR
55 INFRASTRUCTURE IMPROVED TO INCREASE CAPACITY SHALL BE CONSISTENT WITH
A. 3522 15
1 THE POWERS OF THE AUTHORITY TO ESTABLISH OR INCREASE USER FEES PURSUANT
2 TO THIS TITLE.
3 3. PRIOR TO ANY SOLICITATION OF PROPOSALS MADE PURSUANT TO SECTION
4 NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW THE AUTHORITY SHALL CONDUCT
5 A STUDY AND ISSUE A REPORT WHICH SHALL DETAIL THE RISK ADJUSTED ESTI-
6 MATED LIFE OF PROJECT COST FOR THE PROPOSED TRANSPORTATION INFRASTRUC-
7 TURE PROJECT WERE THE DEPARTMENT TO UNDERTAKE SUCH PROJECT THROUGH
8 TRADITIONAL MEANS OF PROCUREMENT AND FINANCING.
9 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
10 IS AUTHORIZED TO PREPARE PRELIMINARY SOLICITATIONS FOR THE PROVISION OF
11 TRANSPORTATION INFRASTRUCTURE PROJECTS. SUCH SOLICITATIONS SHALL SET
12 FORTH THE PROPOSED PARAMETERS OF THE PROJECT AND SHALL BE SUBJECT TO
13 APPROVAL OF THE BOARD PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE
14 EXECUTIVE LAW.
15 5. (A) AFTER A SOLICITATION MADE PURSUANT TO SECTION NINE HUNDRED
16 THIRTY-ONE OF THE EXECUTIVE LAW, THE AUTHORITY SHALL REVIEW ALL PROPER
17 PROPOSALS AND MAY PRELIMINARILY ACCEPT AND ADVANCE TO THE BOARD FOR
18 APPROVAL THE PROPOSAL THAT IS DETERMINED BY THE AUTHORITY TO BE THE BEST
19 VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE
20 LAW CONSIDERING THE FOLLOWING:
21 (I) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE
22 PROJECT;
23 (II) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES
24 OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT;
25 (III) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE
26 PROJECT AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS
27 CONNECTIONS TO OR ROLE WITHIN THE EXISTING AUTHORITY INFRASTRUCTURE AND
28 THE COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE AUTHORITY AND OF
29 ANY STATE OR LOCAL JURISDICTIONS;
30 (IV) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT,
31 CONSTRUCTION, IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPOR-
32 TATION INFRASTRUCTURE PROJECT;
33 (V) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE
34 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE
35 PROJECT; AND
36 (VI) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS-
37 FIES ANY OTHER CRITERIA ESTABLISHED IN THE SOLICITATION MADE PURSUANT TO
38 SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
39 (B) THE AUTHORITY SHALL NOT ACCEPT OR ADVANCE ANY PROPOSAL UNLESS THE
40 AGGREGATE LIFE OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE
41 PROJECT IS LESS THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE
42 PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
43 6. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE
44 AUTHORITY OR BOARD TO MAKE ANY SOLICITATION, ACCEPT ANY PROPOSAL OR
45 ENTER INTO ANY AGREEMENT WITH ANY PUBLIC AND/OR PRIVATE ENTITY.
46 (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO: (I) LIMIT THE AUTHORI-
47 TY'S EXISTING POWERS AND AUTHORITY; (II) REQUIRE THE AUTHORITY TO ACCEPT
48 ANY PROJECT THROUGH THE PROVISIONS OF THIS SECTION; (III) REQUIRE THE
49 AUTHORITY TO ENTER INTO ANY AGREEMENTS PURSUANT TO THIS SECTION; OR (IV)
50 REQUIRE THE AUTHORITY TO TAKE ANY ACTION THAT WOULD CONTRADICT OR IMPAIR
51 ANY EXISTING AUTHORITY CONTRACT OR AGREEMENT WITH ITS BONDHOLDERS OR
52 OTHER ENTITIES.
53 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
54 TY MAY CONVEY AN INTEREST IN PROPERTY, IN WHICH THE AUTHORITY HAS AN
55 INTEREST TO A PUBLIC AND/OR PRIVATE ENTITY PURSUANT TO THE TERMS OF A
56 TRANSPORTATION INFRASTRUCTURE AGREEMENT, PROVIDED HOWEVER THAT NO SUCH
A. 3522 16
1 INTEREST SHALL BE A FEE SIMPLE ABSOLUTE AND ANY CONVEYANCE OF AN INTER-
2 EST IN PROPERTY IN EXCESS OF THIRTY-FIVE YEARS SHALL REQUIRE APPROVAL OF
3 A SUPER-MAJORITY OF THE BOARD PURSUANT TO ARTICLE FORTY-THREE OF THE
4 EXECUTIVE LAW.
5 (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND
6 REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS
7 SECTION.
8 (E) PROJECTS UNDERTAKEN BY THE AUTHORITY PURSUANT TO THIS ARTICLE
9 SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE ENVIRON-
10 MENTAL CONSERVATION LAW, AND, WHERE APPLICABLE, THE REQUIREMENTS OF THE
11 NATIONAL ENVIRONMENTAL POLICY ACT.
12 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, TRANSPORTA-
13 TION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSUANT TO THIS SECTION MAY
14 PROVIDE FOR:
15 (A) THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL
16 ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHABILITATION,
17 ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, MANAGEMENT,
18 OPERATION, MAINTENANCE, DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION
19 FACILITIES AND THE PROVISION OF TRANSPORTATION INFRASTRUCTURE BY A
20 SINGLE PUBLIC OR PRIVATE ENTITY OR COMBINATION OF PUBLIC AND PRIVATE
21 ENTITIES;
22 (B) THE ALLOCATION OF RESPONSIBILITY AND TIMING FOR SPECIFIC PROJECT
23 ELEMENTS, REVENUE-SHARING ARRANGEMENTS, ALLOCATION OF FINANCIAL RESPON-
24 SIBILITY FOR COST OVERRUNS, ALLOCATION OF DEVELOPMENT COSTS, INSURANCE
25 OR SURETY REQUIREMENTS, LIABILITY FOR NON-PERFORMANCE, STANDARDS AND
26 INCENTIVES FOR PERFORMANCE, DEFAULT, TERMINATION, BUY-BACK, RENEGOTI-
27 ATION OR AMENDMENT CLAUSES, INSPECTION CLAUSES, FINANCIAL REPORTING,
28 ACCOUNTING AND AUDITING STANDARDS, ENVIRONMENTAL PERFORMANCE STANDARDS,
29 ANY OTHER RIGHTS AND DUTIES;
30 (C) THE IMPOSITION BY THE AUTHORITY, OR THE ESTABLISHMENT BY THE
31 PUBLIC AND/OR PRIVATE ENTITY WITH WHICH THE AUTHORITY CONTRACTS PURSUANT
32 TO THIS SECTION, OF USER FEES AND THE PLEDGE OF ALL OR ANY PORTION THER-
33 EOF IN CONNECTION WITH ANY FINANCING THEREON CONSISTENT WITH PARAGRAPH
34 (F) OF SUBDIVISION TWO OF THIS SECTION AND EXISTING CONTRACTS OR RESOL-
35 UTIONS RELATING THERETO; AND
36 (D) THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL OR NAVIGABLE
37 WATER COURSE OR RIGHT-OF-WAY, OR OTHER ROADWAY SO LONG AS THE CROSSING
38 DOES NOT UNREASONABLY INTERFERE WITH THE REASONABLE USE THEREOF.
39 8. ANY AUTHORITY REVENUES DERIVED FROM ANY LEASE, CONCESSION OR OTHER
40 FINANCING STRUCTURE PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREE-
41 MENT MAY ONLY BE USED FOR THE PURPOSE OF THE DEVELOPMENT OF TRANSPORTA-
42 TION INFRASTRUCTURE.
43 9. IN THE EVENT A PUBLIC OR PRIVATE ENTITY DEFAULTS ON ITS OBLIGATIONS
44 UNDER A TRANSPORTATION INFRASTRUCTURE AGREEMENT ENTERED INTO PURSUANT TO
45 SUBDIVISION TWO OF THIS SECTION, THE AUTHORITY WITH BOARD APPROVAL IS
46 HEREBY AUTHORIZED BUT NOT REQUIRED TO ACQUIRE ALL OR ANY PORTION OF ANY
47 TRANSPORTATION INFRASTRUCTURE CONSTRUCTED OR UNDER CONSTRUCTION OR
48 DEVELOPMENT BY OR IN CONJUNCTION WITH SUCH PUBLIC OR PRIVATE ENTITY,
49 WITH ANY DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT
50 BEING AN OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION OF THE
51 TRANSPORTATION INFRASTRUCTURE. THE AUTHORITY MAY ALSO TERMINATE THE
52 TRANSPORTATION INFRASTRUCTURE AGREEMENT AND EXERCISE ANY OTHER RIGHTS OR
53 REMEDIES WHICH MAY BE AVAILABLE TO IT AT LAW OR IN EQUITY. IN THE EVENT
54 OF SUCH ACQUISITION AND NOTWITHSTANDING ANY PROVISION OF LAW TO THE
55 CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED, BUT NOT REQUIRED, TO OPER-
A. 3522 17
1 ATE AND MAINTAIN THE TRANSPORTATION INFRASTRUCTURE, INCLUDING THE IMPO-
2 SITION AND COLLECTION OF APPLICABLE USER FEES.
3 10. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE AUTHOR-
4 ITY, THROUGH TRANSPORTATION INFRASTRUCTURE AGREEMENTS MAY:
5 (A) TAKE ANY ACTION TO OBTAIN FEDERAL, STATE OR LOCAL ASSISTANCE FOR A
6 TRANSPORTATION INFRASTRUCTURE PROJECT THAT SERVES THE PUBLIC PURPOSE OF
7 THIS CHAPTER AND MAY ENTER INTO ANY CONTRACTS REQUIRED TO RECEIVE SUCH
8 FEDERAL ASSISTANCE. THE AUTHORITY MAY USE SUCH ASSISTANCE FOR THE IMPLE-
9 MENTATION OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO
10 PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND
11 (B) AGREE TO MAKE GRANTS OR LOANS OR OTHER FORMS OF ASSISTANCE FOR THE
12 DEVELOPMENT AND/OR OPERATION OF THE TRANSPORTATION INFRASTRUCTURE
13 PROJECT FROM TIME TO TIME FROM AMOUNTS RECEIVED FROM THE FEDERAL, STATE,
14 OR LOCAL GOVERNMENT, OR ANY AGENCY OR INSTRUMENTALITY THEREOF.
15 11. NOTHING IN THIS SECTION OR IN A TRANSPORTATION INFRASTRUCTURE
16 AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION SHALL BE DEEMED TO
17 ENLARGE, DIMINISH OR AFFECT THE AUTHORITY, IF ANY, OTHERWISE POSSESSED
18 BY THE AUTHORITY TO TAKE ACTION THAT WOULD IMPACT THE DEBT CAPACITY OF
19 THE STATE OR ANY OTHER PUBLIC ENTITY.
20 12. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY:
21 (A) THE PRIVATE ENTITY SHALL HAVE ALL POWER ALLOWED BY LAW GENERALLY
22 TO A PRIVATE ENTITY HAVING THE SAME FORM OF ORGANIZATION AS THE PRIVATE
23 ENTITY AND SHALL HAVE THE POWER TO DEVELOP AND/OR OPERATE THE TRANSPOR-
24 TATION INFRASTRUCTURE AND IMPOSE USER FEES PURSUANT TO A TRANSPORTATION
25 INFRASTRUCTURE AGREEMENT CONSISTENT WITH PARAGRAPH (F) OF SUBDIVISION
26 TWO OF THIS SECTION AND/OR ENTER INTO SERVICE CONTRACTS OR OTHER AGREE-
27 MENTS IN CONNECTION WITH THE USE THEREOF.
28 (B) THE PRIVATE ENTITY MAY LEASE OR ACQUIRE ANY OTHER RIGHT TO USE OR
29 DEVELOP AND/OR OPERATE THE TRANSPORTATION INFRASTRUCTURE CONSISTENT WITH
30 PARAGRAPH (C) OF SUBDIVISION SIX OF THIS SECTION; AND
31 (C) IN OPERATING THE TRANSPORTATION INFRASTRUCTURE, THE PRIVATE ENTITY
32 MAY PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREEMENT MAKE CLASSI-
33 FICATIONS ACCORDING TO REASONABLE CATEGORIES FOR ASSESSMENT OF USER FEES
34 PROVIDED SUCH PRIVATE ENTITY GETS NECESSARY APPROVAL IN ACCORDANCE WITH
35 THE TERMS OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENT.
36 13. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED PURSUANT TO THIS
37 SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND RIGHTS
38 IN INTELLECTUAL PROPERTY AND TRADE SECRETS AND INFORMATION OTHERWISE
39 PROTECTED BY STATE OR FEDERAL LAW.
40 14. IF ANY CLAUSE OR PROVISION OF THIS SECTION SHALL BE DETERMINED TO
41 BE UNCONSTITUTIONAL OR BE INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT
42 THAT IT IS NOT UNCONSTITUTIONAL OR INEFFECTIVE, IT SHALL BE VALID AND
43 EFFECTIVE AND NO OTHER CLAUSE OR PROVISION SHALL, ON ACCOUNT THEREOF, BE
44 DEEMED INVALID OR INEFFECTIVE.
45 S 6. This act shall take effect immediately.