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