senate Bill S740

2013-2014 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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Jan 09, 2013 referred to transportation

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S740 - Bill Details

See Assembly Version of this Bill:
A2877A
Current Committee:
Law Section:
Transportation Law
Laws Affected:
Add Art 24 §§500 - 514, Transp L; add Art 43 §§930 & 931, Exec L; add §§389 & 543, Pub Auth L
Versions Introduced in 2011-2012 Legislative Session:
S5445, A8487

S740 - Bill Texts

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Relates to providing innovative infrastructure development.

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BILL NUMBER:S740

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.

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:
2011-12: Finance Committee (S.5445/A.8487)

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
________________________________________________________________________

                                   740

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FUSCHILLO,  DeFRANCISCO, GOLDEN, LIBOUS, MARTINS,
  MAZIARZ -- 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 authorizing 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.
                                                           LBD01412-02-3

S. 740                              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.
  4.  "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT
ENTERED INTO BY THE COMMISSIONER PURSUANT TO SECTION FIVE HUNDRED ONE OF
THIS ARTICLE.
  5. "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.
  6.  "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. 740                              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. 740                              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. 740                              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. 740                              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. 740                              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 OR SUBDIVISION ONE OF SECTION THREE HUNDRED
EIGHTY-NINE 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 OR SUBDIVISION  FOUR
OF  SECTION  THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW, OR

S. 740                              8

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-NINE  OF  THE  PUBLIC AUTHORITIES LAW OR
SUBDIVISION ONE OF  SECTION  FIVE  HUNDRED  FORTY-THREE  OF  THE  PUBLIC
AUTHORITIES 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-NINE OF THE PUBLIC AUTHORITIES LAW, SUBDIVISION FIVE OF  SECTION  FIVE
HUNDRED FORTY-THREE OF THE PUBLIC AUTHORITIES LAW, OR ANY OTHER PROPOSAL
PROPERLY SUBMITTED IN RESPONSE TO A SOLICITATION MADE PURSUANT TO SUBDI-
VISION  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-NINE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR
SUBDIVISION  THREE  OF  SECTION  FIVE  HUNDRED FORTY-THREE OF THE PUBLIC
AUTHORITIES 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-NINE
OF THE PUBLIC   AUTHORITIES LAW, 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 OR SUBDIVISION NINE OF SECTION
THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW.

S. 740                              9

  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 ONGOING TRANSPORTATION INFRASTRUCTURE PROJECTS, INCLUD-
ING BUT NOT LIMITED TO THE MEETING OR FAILURE TO  MEET  ANY  TIME  DEAD-
LINES,  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 389
to read as follows:
  S 389.  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-

S. 740                             10

LISHMENT AND COLLECTION OF USER FEES, PURSUANT TO ONE OR MORE  TRANSPOR-
TATION INFRASTRUCTURE AGREEMENTS.
  (F)  "USER  FEES"  MEANS  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 TRANS-
PORTATION 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

S. 740                             11

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
A SUPER-MAJORITY OF THE BOARD PURSUANT TO  ARTICLE  FORTY-THREE  OF  THE
EXECUTIVE LAW.

S. 740                             12

  (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.
  10. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE AUTHOR-
ITY, THROUGH TRANSPORTATION INFRASTRUCTURE AGREEMENTS MAY:

S. 740                             13

  (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
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.

S. 740                             14

  (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 AGREEMENTS.
  (F) "USER FEES" MEANS 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  TRANS-
PORTATION 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

S. 740                             15

  (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.
  (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)

S. 740                             16

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
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

S. 740                             17

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 6. This act shall take effect immediately.

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