senate Bill S5445

2011-2012 Legislative Session

Relates to providing innovative infrastructure development

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 reported and committed to finance
Jan 04, 2012 referred to transportation
Jun 13, 2011 reported and committed to rules
Jun 02, 2011 reported and committed to finance
May 23, 2011 referred to transportation

Votes

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Jun 5, 2012 - Transportation committee Vote

S5445
14
0
committee
14
Aye
0
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Transportation Committee Vote: Jun 5, 2012

excused (1)

Jun 14, 2011 - Finance committee Vote

S5445
23
3
committee
23
Aye
3
Nay
8
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Finance committee vote details

Jun 2, 2011 - Transportation committee Vote

S5445
15
0
committee
15
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Jun 2, 2011

aye wr (3)
excused (1)

Co-Sponsors

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S5445 - Bill Details

See Assembly Version of this Bill:
A8487
Current Committee:
Law Section:
Transportation Law
Laws Affected:
Add Art 24 §§500 - 514, Transp L; add Art 43 §§930 & 931, Exec L; add §§388, 1270-i & 543, Pub Auth L

S5445 - Bill Texts

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Relates to providing innovative infrastructure development.

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BILL NUMBER:S5445

TITLE OF BILL:
An act
to amend the transportation law, the executive law
and the public authorities law,
in
relation to authorizing innovative infrastructure development

PURPOSE:
To provide flexibility to state agencies in the development
of transportation infrastructure projects.

SUMMARY OF PROVISIONS:
Section one adds a new article to the Transportation Law to provide the
Department of Transportation greater flexibility in delivery and
financing of transportation infrastructure projects.

Section two amends the Executive Law to create an Innovative
Infrastructure Development Board (board) to oversee the development of
transportation infrastructure projects.

Section three amends the public authorities law to provide the
Metropolitan Transit Authority (MTA) greater flexibility in delivery
and financing of transportation infrastructure projects.

Section four amends the public authorities law to provide the Bridge
Authority greater flexibility in delivery and financing of
transportation infrastructure projects.

Section five amends the public authorities law to provide the Thruway
Authority greater flexibility in delivery and financing
of transportation infrastructure projects.

Section seven provides the effective date

JUSTIFICATION:
New York State's transportation infrastructure is at crossroads. The
New York State Department of Transportation (DOT) has estimated that,
excluding the New York State Thruway Authority, the New York State
Bridge Authority and the Metropolitan Transportation Authority, the
State would need to invest $175 billion over twenty years to bring the
system to a state of good repair

This legislation proposes to provide the State's principal
transportation agencies increased flexibility in contracting for and
financing of transportation infrastructure projects. In so doing,
this bill allows a far broader array of arrangements with the private
sector than are currently available under law. Through a more agile
project delivery process, the state will be able to better utilize
economies of scale, life-cycle efficiencies, allocation of risk and
other factors in order to generate long and short-terms savings for
the state; savings which can be re-invested in New York's deficient
infrastructure.


To protect public monies and assets, this legislation creates the
Innovative Infrastructure Development Board. In its oversight role,
the board is the responsible for assuring that in every step along
the way in project development, the state gets the best value for its
dollar. In its development role, the board is tasked with maximizing
the efficiency of the state's transportation infrastructure while at
all times protecting the state's interest in those vital assets and
assuring that the highest standards of service are maintained.

With current funding streams woefully inadequate to address the
state's current and future transportation infrastructure funding
needs, new and innovative solutions are necessary to assure that
people and goods can continue to move throughout the state and
continue to energize New York's economy.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
This bill is intended to create both long and short-term cost savings
to the state.

EFFECTIVE DATE:
Immediate.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5445

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 23, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO,  LIBOUS, DeFRANCISCO, DILAN, FLANAGAN,
  GOLDEN, HANNON, LARKIN, MAZIARZ,  SMITH,  ZELDIN  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Transportation

AN ACT to amend the transportation law, the executive law and the public
  authorities law, in relation to authorzing  innovative  infrastructure
  development

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  This act shall be known and may be cited as  the  "innova-
tive infrastructure development act".
  S  2.  The transportation law is amended by adding a new article 24 to
read as follows:
                               ARTICLE 24
                  INNOVATIVE INFRASTRUCTURE DEVELOPMENT
SECTION 500. DEFINITIONS.
        501. AUTHORITY OF THE COMMISSIONER.
        502. TRANSPORTATION INFRASTRUCTURE PROJECTS.
        503. COST ANALYSIS.
        504. PREPARATION OF PRELIMINARY SOLICITATIONS.
        505. PRELIMINARY ACCEPTANCE OF BEST VALUE PROPOSALS.
        506. GENERAL PROVISIONS.
        507. AGREEMENTS.
        508. REVENUES.
        509. CONDEMNATION AND OPERATION IN THE EVENT OF A DEFAULT.
        510. FEDERAL, STATE AND LOCAL ASSISTANCE.
        511. POLICE POWERS; VIOLATIONS OF LAW.
        512. POWERS AND DUTIES OF THE PRIVATE ENTITY.
        513. CONFIDENTIALITY.
        514. SEVERABILITY CLAUSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11455-04-1

S. 5445                             2

  S 500. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS A DIFFERENT  MEAN-
ING APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL MEAN:
  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;

S. 5445                             3

  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-
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-

S. 5445                             4

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
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.

S. 5445                             5

  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.
  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:

S. 5445                             6

  (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.
  (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:

S. 5445                             7

                               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
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

S. 5445                             8

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-
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.

S. 5445                             9

  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
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,

S. 5445                            10

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 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.

S. 5445                            11

  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.
  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

S. 5445                            12

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
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.

S. 5445                            13

  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  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

S. 5445                            14

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,
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;

S. 5445                            15

  (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 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;

S. 5445                            16

  (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
  (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;

S. 5445                            17

  (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
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-

S. 5445                            18

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
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,

S. 5445                            19

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
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;

S. 5445                            20

  (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
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.

S. 5445                            21

  (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.
  (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

S. 5445                            22

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-
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.

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