Bill Text: NY S00740 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to providing innovative infrastructure development.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2013-01-09 - REFERRED TO TRANSPORTATION [S00740 Detail]
Download: New_York-2013-S00740-Introduced.html
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: 1 Section 1. This act shall be known and may be cited as the "innova- 2 tive infrastructure development act". 3 S 2. The transportation law is amended by adding a new article 24 to 4 read as follows: 5 ARTICLE 24 6 INNOVATIVE INFRASTRUCTURE DEVELOPMENT 7 SECTION 500. DEFINITIONS. 8 501. AUTHORITY OF THE COMMISSIONER. 9 502. TRANSPORTATION INFRASTRUCTURE PROJECTS. 10 503. COST ANALYSIS. 11 504. PREPARATION OF PRELIMINARY SOLICITATIONS. 12 505. PRELIMINARY ACCEPTANCE OF BEST VALUE PROPOSALS. 13 506. GENERAL PROVISIONS. 14 507. AGREEMENTS. 15 508. REVENUES. 16 509. CONDEMNATION AND OPERATION IN THE EVENT OF A DEFAULT. 17 510. FEDERAL, STATE AND LOCAL ASSISTANCE. 18 511. POLICE POWERS; VIOLATIONS OF LAW. 19 512. POWERS AND DUTIES OF THE PRIVATE ENTITY. 20 513. CONFIDENTIALITY. 21 514. SEVERABILITY CLAUSE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01412-02-3 S. 740 2 1 S 500. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS A DIFFERENT MEAN- 2 ING APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL MEAN: 3 1. "PRIVATE ENTITY" MEANS ANY ASSOCIATION, CORPORATION, LIMITED 4 LIABILITY COMPANY, PARTNERSHIP, FIRM, BUSINESS TRUST, JOINT VENTURE, NOT 5 FOR PROFIT ENTITY, FUND OR OTHER PRIVATE BUSINESS ENTITY. 6 2. "PUBLIC ENTITY" MEANS THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER 7 STATE, ANY BI-STATE AUTHORITY OR COMMISSION, ANY MULTI-STATE AUTHORITY 8 OR COMMISSION, ANY MULTI-NATIONAL AUTHORITY OR COMMISSION, ANY NATION, 9 ANY PROVINCE, OR ANY AGENCY, COMMISSION, PUBLIC AUTHORITY, PUBLIC BENE- 10 FIT CORPORATION, POLITICAL SUBDIVISION OR MUNICIPALITY THEREOF, OR ANY 11 OTHER GOVERNMENTAL ENTITY, OR ANY COMBINATION OF ANY OF THE FOREGOING. 12 3. "TRANSPORTATION INFRASTRUCTURE" MEANS (A) HIGHWAYS, RAILROADS, 13 AIRPORTS, TRANSIT FACILITIES, BUSES, FERRIES, BRIDGES, TUNNELS, TRACKS, 14 VEHICLES, PORTS, ROLLING STOCK, EQUIPMENT, PARKING FACILITIES, TRANSIT 15 STATIONS, BUS STATIONS, INTERMODAL CENTERS, TERMINALS, REST AREAS, 16 TRANSPORTATION MANAGEMENT AND INFORMATION SYSTEMS, INTELLIGENT TRANSPOR- 17 TATION SYSTEMS, LAND USE CONTROL AND DEVELOPMENT, FUEL STORAGE, ENERGY 18 SYSTEMS, SECURITY SYSTEMS, SEISMIC CONTROL SYSTEMS, UTILITY RELOCATION, 19 AND RIGHTS-OF-WAY ASSOCIATED WITH EACH MODE OR FACILITY AND RELATED 20 FACILITIES AND SYSTEMS, AND; (B) SERVICES FOR THE MOVEMENT OF PEOPLE, 21 VEHICLES, GOODS OR INFORMATION ON, BY OR THROUGH THE USE OF THOSE ITEMS 22 SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND SHALL INCLUDE 23 SERVICES PROVIDED PURSUANT TO TRANSPORTATION INFRASTRUCTURE AGREEMENTS. 24 4. "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT 25 ENTERED INTO BY THE COMMISSIONER PURSUANT TO SECTION FIVE HUNDRED ONE OF 26 THIS ARTICLE. 27 5. "TRANSPORTATION INFRASTRUCTURE PROJECT" SHALL MEAN THE PLANNING, 28 ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION, 29 RECONSTRUCTION, RESTORATION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT, 30 RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERATION, MAINTENANCE, 31 DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION INFRASTRUCTURE. 32 6. "BOARD" SHALL MEAN THE INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD 33 AS ESTABLISHED BY SECTION NINE HUNDRED THIRTY OF THE EXECUTIVE LAW. 34 S 501. AUTHORITY OF THE COMMISSIONER. NOTWITHSTANDING THE PROVISIONS 35 OF ANY LAW TO THE CONTRARY, THE COMMISSIONER IS AUTHORIZED TO ENTER INTO 36 TRANSPORTATION INFRASTRUCTURE AGREEMENTS, ON SUCH TERMS AND CONDITIONS 37 AS THE COMMISSIONER DEEMS APPROPRIATE AND SUBJECT TO THE APPROVAL OF THE 38 DIRECTOR OF THE BUDGET AND THE BOARD, AND IN ACCORDANCE WITH SECTION ONE 39 HUNDRED TWELVE OF THE STATE FINANCE LAW, WITH PUBLIC AND/OR PRIVATE 40 ENTITIES TO PROVIDE FOR, OR IN SUPPORT OF, OR ASSOCIATED WITH TRANSPOR- 41 TATION INFRASTRUCTURE PROJECTS. IN FURTHERANCE OF SUCH AGREEMENTS, THE 42 COMMISSIONER MAY: 43 1. ACCEPT, IN ACCORDANCE WITH THE STATE FINANCE LAW AND THE PUBLIC 44 OFFICERS LAW, ANY APPROPRIATION, GRANT OR OFFER OF FUNDS OR PROPERTY OR 45 OTHER FORMS OF ASSISTANCE FOR THE PURPOSES OF THIS ARTICLE FROM ANY 46 PUBLIC AND/OR PRIVATE ENTITY AND COMPLY WITH THE TERMS AND CONDITIONS 47 THEREOF; 48 2. ACCEPT, PURSUANT TO THE TERMS OF A TRANSPORTATION INFRASTRUCTURE 49 AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION, PROPERTY OR ANY INTER- 50 ESTS THEREIN AND TRANSPORTATION INFRASTRUCTURE TO BE MAINTAINED AS PART 51 OF THE STATE'S TRANSPORTATION SYSTEM. ANY SUCH INTEREST IN TRANSPORTA- 52 TION INFRASTRUCTURE SO ACQUIRED SHALL BE DEEMED TO HAVE BEEN ACQUIRED BY 53 THE COMMISSIONER PURSUANT TO SECTION THIRTY OF THE HIGHWAY LAW; 54 3. UTILIZE ANY OF THE POWERS OR AUTHORITY OF THE COMMISSIONER TO 55 ACHIEVE THE PURPOSES OF THIS ARTICLE; S. 740 3 1 4. FINANCE ALL OR ANY PART OF THE COSTS TO THE DEPARTMENT OR TO ANY 2 PUBLIC AND/OR PRIVATE ENTITY OF ANY TRANSPORTATION INFRASTRUCTURE 3 PROJECT, INCLUDING FINANCING THROUGH OR ACCOMPANIED BY ONE OR MORE LEAS- 4 ES OR CONCESSIONS OF SUCH PROJECT OR ANY PART THEREOF BY OR TO SUCH 5 ENTITY OR ENTITIES AND/OR BY OR TO THE DEPARTMENT; AND 6 5. UTILIZE THE COMMISSIONER'S EMINENT DOMAIN POWERS PURSUANT TO THE 7 HIGHWAY LAW AND THE EMINENT DOMAIN PROCEDURE LAW, ON SUCH TERMS AND 8 CONDITIONS AS THE COMMISSIONER DEEMS APPROPRIATE, TO ACQUIRE PROPERTY 9 REQUIRED FOR TRANSPORTATION INFRASTRUCTURE PROJECTS THAT ARE THE SUBJECT 10 OF TRANSPORTATION INFRASTRUCTURE AGREEMENTS WITH THE COMMISSIONER PURSU- 11 ANT TO THIS SECTION. 12 S 502. TRANSPORTATION INFRASTRUCTURE PROJECTS. 1. TRANSPORTATION 13 INFRASTRUCTURE PROJECTS PROVIDED PURSUANT TO A TRANSPORTATION INFRAS- 14 TRUCTURE AGREEMENT SHALL NOT BE SUBJECT TO THE PROVISIONS OF ANY LOCAL 15 LAW, LAND USE REVIEW REQUIREMENTS, REAL PROPERTY TAX OR ANY OTHER LOCAL 16 TAX. 17 2. WHENEVER A TRANSPORTATION INFRASTRUCTURE PROJECT INVOLVES THE 18 CONSTRUCTION, RECONSTRUCTION OR IMPROVEMENT OF A STATE HIGHWAY, WHICH IS 19 NOW OR WHICH SHALL HEREAFTER BE DESIGNATED IN SECTION THREE HUNDRED 20 FORTY-ONE OF THE HIGHWAY LAW, SHALL PROVIDE FOR THE RELOCATION OF SUCH 21 STATE HIGHWAY OR PORTION THEREOF ON A LOCATION WHICH DEVIATES FROM THE 22 LOCATION OF THE EXISTING HIGHWAY FOR A CONTINUOUS LENGTH IN EXCESS OF 23 ONE MILE AS MEASURED ALONG THE CENTER LINE OF THE EXISTING HIGHWAY, THE 24 COMMISSIONER SHALL BEFORE FILING THE DESCRIPTIONS AND THE ORIGINAL TRAC- 25 INGS OF ANY MAPS OR PROCEEDING WITH THE ACQUISITION OF PROPERTY OR THE 26 WORK OF CONSTRUCTION, RECONSTRUCTION OR IMPROVEMENT, TRANSMIT SUCH PLANS 27 TO THE BOARD OF SUPERVISORS OF EACH COUNTY IN WHICH SUCH RELOCATION OR 28 ANY PORTION THEREOF IS SITUATED. IN CASE THE RELOCATION OR ANY PORTION 29 THEREOF AS PROPOSED, IS SITUATED IN A COUNTY OTHER THAN THE COUNTY IN 30 WHICH THE EXISTING HIGHWAY OR PORTION THEREOF IS LOCATED, SUCH PLANS 31 SHALL BE TRANSMITTED TO BOTH OF SUCH COUNTIES AND SHALL BE SUBJECT TO 32 REVIEW BY EACH OF SUCH COUNTIES IN THE MANNER AS HEREINAFTER PROVIDED. 33 THE BOARD OF SUPERVISORS, AFTER THE RECEIPT OF SUCH PLANS, MAY CONDUCT A 34 PUBLIC HEARING OR HEARINGS UPON SUCH NOTICE AS SUCH BOARD OF SUPERVISORS 35 SHALL DEEM REASONABLE, BUT NOT LESS THAN TEN DAYS, TO THE COMMISSIONER 36 AND TO SUCH OTHER PARTY OR PARTIES DEEMED BY SAID BOARD OF SUPERVISORS 37 TO BE INTERESTED IN THE PROJECT. IN ANY EVENT, AND WITHIN FORTY-FIVE 38 DAYS AFTER RECEIPT OF THE PLANS, THE BOARD OF SUPERVISORS SHALL, BY 39 RESOLUTION, DULY ADOPTED BY A MAJORITY VOTE OF ITS MEMBERS, PROVIDE A 40 RECOMMENDATION OF APPROVAL, DISAPPROVAL OR MODIFICATION IN SUCH PLANS AS 41 THE PUBLIC INTEREST SHALL REQUIRE. SUCH RESOLUTION SHALL BE FORWARDED TO 42 THE COMMISSIONER WITHIN FIVE DAYS OF ADOPTION. IN CASE SUCH RELOCATION 43 IS SITUATED IN TWO OR MORE COUNTIES, SUCH RESOLUTION MUST BE SEPARATELY 44 ADOPTED BY THE BOARD OF SUPERVISORS OF EACH COUNTY AS TO THE RELOCATION 45 SITUATED THEREIN. THE FORM OF THE RESOLUTION SHALL BE PRESCRIBED BY THE 46 COMMISSIONER. THE COMMISSIONER SHALL IN REVIEWING ANY TRANSPORTATION 47 INFRASTRUCTURE PROJECT PROPOSAL SUBJECT TO THIS SUBDIVISION TAKE ANY 48 RESOLUTION ADOPTED PURSUANT TO THIS SUBDIVISION INTO CONSIDERATION. UPON 49 THE FAILURE OR OMISSION OF ANY BOARD OF SUPERVISORS TO ACT WITHIN THE 50 TIME AND MANNER HEREIN REQUIRED, THE SAID PLANS SHALL BE DEEMED TO BE 51 ACCEPTABLE SO FAR AS SUCH BOARD OF SUPERVISORS IS CONCERNED. 52 S 503. COST ANALYSIS. PRIOR TO ANY SOLICITATION OF PROPOSALS MADE 53 PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW, THE 54 COMMISSIONER SHALL CONDUCT A STUDY AND ISSUE A REPORT WHICH SHALL DETAIL 55 THE RISK ADJUSTED ESTIMATED LIFE OF PROJECT COST FOR THE PROPOSED TRANS- S. 740 4 1 PORTATION INFRASTRUCTURE PROJECT WERE THE DEPARTMENT TO UNDERTAKE SUCH 2 PROJECT THROUGH TRADITIONAL MEANS OF PROCUREMENT AND FINANCING. 3 S 504. PREPARATION OF PRELIMINARY SOLICITATIONS. NOTWITHSTANDING ANY 4 PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER IS AUTHORIZED TO 5 PREPARE PRELIMINARY SOLICITATIONS FOR THE PROVISION OF TRANSPORTATION 6 INFRASTRUCTURE PROJECTS. SUCH A SOLICITATION SHALL SET FORTH THE 7 PROPOSED PARAMETERS FOR THE TRANSPORTATION INFRASTRUCTURE PROJECT AND 8 SHALL BE SUBJECT TO APPROVAL OF THE BOARD PURSUANT TO SECTION NINE 9 HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW. 10 S 505. PRELIMINARY ACCEPTANCE OF BEST VALUE PROPOSALS. 1. AFTER A 11 SOLICITATION MADE PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE 12 EXECUTIVE LAW, THE COMMISSIONER SHALL REVIEW ALL PROPER PROPOSALS AND 13 MAY PRELIMINARILY ACCEPT AND ADVANCE TO THE BOARD FOR APPROVAL THE 14 PROPOSAL THAT IS DETERMINED BY THE COMMISSIONER TO BE THE BEST VALUE AS 15 DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, 16 CONSIDERING THE FOLLOWING: 17 (A) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE 18 PROJECT; 19 (B) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES OF 20 THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT; 21 (C) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE 22 PROJECT AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS 23 CONNECTIONS TO OR ROLE WITHIN THE EXISTING TRANSPORTATION SYSTEM AND THE 24 COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE STATE AND OF ANY 25 AFFECTED LOCAL JURISDICTIONS; 26 (D) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT, CONSTRUCTION, 27 IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPORTATION INFRAS- 28 TRUCTURE PROJECT; 29 (E) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE 30 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE 31 PROJECT; AND 32 (F) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS- 33 FIES ANY OTHER CRITERIA ESTABLISHED IN THE SOLICITATION MADE PURSUANT TO 34 SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW. 35 2. THE COMMISSIONER SHALL NOT ACCEPT OR ADVANCE ANY PROPOSAL UNLESS 36 THE AGGREGATE LIFE OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE 37 PROJECT IS LESS THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE 38 PURSUANT TO SECTION FIVE HUNDRED THREE OF THIS ARTICLE. 39 S 506. GENERAL PROVISIONS. 1. NOTHING IN THIS ARTICLE SHALL BE 40 CONSTRUED TO REQUIRE THE COMMISSIONER OR BOARD TO ACCEPT ANY PROPOSAL, 41 OR ENTER INTO ANY AGREEMENT WITH ANY PUBLIC AND/OR PRIVATE ENTITY. 42 2. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO LIMIT THE APPLICABILITY 43 OF EXISTING POWERS AND AUTHORITY OF THE COMMISSIONER OR TO REQUIRE THE 44 COMMISSIONER TO ADVANCE ANY PROJECT THROUGH THE PROVISIONS OF THIS ARTI- 45 CLE. 46 3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART- 47 MENT MAY CONVEY ANY INTEREST IN PROPERTY UNDER THE JURISDICTION OF THE 48 DEPARTMENT TO A PUBLIC AND/OR PRIVATE ENTITY PURSUANT TO THE TERMS OF A 49 TRANSPORTATION INFRASTRUCTURE AGREEMENT ENTERED INTO PURSUANT TO SECTION 50 FIVE HUNDRED ONE OF THIS ARTICLE, PROVIDED HOWEVER THAT NO SUCH CONVEY- 51 ANCE SHALL BE A FEE SIMPLE ABSOLUTE AND ANY CONVEYANCE OF AN INTEREST IN 52 PROPERTY IN EXCESS OF THIRTY-FIVE YEARS SHALL REQUIRE APPROVAL BY A 53 SUPER-MAJORITY OF THE BOARD PURSUANT TO ARTICLE FORTY-THREE OF THE EXEC- 54 UTIVE LAW. S. 740 5 1 4. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS A WAIVER OF OR LIMI- 2 TATION UPON THE SOVEREIGN IMMUNITY OF THE STATE OR ANY INSTRUMENTALITY 3 THEREOF. 4 5. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND 5 REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS 6 ARTICLE. 7 6. PROJECTS UNDERTAKEN BY THE COMMISSIONER PURSUANT TO THIS ARTICLE 8 SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE ENVIRON- 9 MENTAL CONSERVATION LAW, AND, WHERE APPLICABLE, THE REQUIREMENTS OF THE 10 NATIONAL ENVIRONMENTAL POLICY ACT. 11 S 507. AGREEMENTS. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA- 12 RY, THE COMMISSIONER, THROUGH TRANSPORTATION INFRASTRUCTURE AGREEMENTS 13 ENTERED INTO PURSUANT TO SECTION FIVE HUNDRED ONE OF THIS ARTICLE, MAY 14 PROVIDE FOR: 15 1. THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANAL- 16 YSIS, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, RESTORATION, ESTAB- 17 LISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERA- 18 TION, MAINTENANCE, DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION 19 INFRASTRUCTURE BY A SINGLE PUBLIC OR PRIVATE ENTITY OR COMBINATION OF 20 PUBLIC AND PRIVATE ENTITIES; 21 2. THE ALLOCATION OF RESPONSIBILITY AND TIMING FOR SPECIFIC PROJECT 22 ELEMENTS, REVENUE-SHARING ARRANGEMENTS, ALLOCATION OF FINANCIAL RESPON- 23 SIBILITY FOR COST OVERRUNS, ALLOCATION OF DEVELOPMENT COSTS, INSURANCE 24 OR SURETY REQUIREMENTS, LIABILITY FOR NON-PERFORMANCE, STANDARDS AND 25 INCENTIVES FOR PERFORMANCE, DEFAULT, TERMINATION, BUY-BACK, RENEGOTI- 26 ATION OR AMENDMENT CLAUSES, INSPECTION CLAUSES, FINANCIAL REPORTING, 27 ACCOUNTING AND AUDITING STANDARDS, ENVIRONMENTAL PERFORMANCE STANDARDS, 28 ANY OTHER RIGHTS AND DUTIES; AND 29 3. THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL OR NAVIGABLE 30 WATER COURSE OR RIGHT-OF-WAY, OR OTHER ROADWAY SO LONG AS THE CROSSING 31 DOES NOT UNREASONABLY INTERFERE WITH THE REASONABLE USE THEREOF. 32 S 508. REVENUES. ANY DEPARTMENT REVENUES DERIVED FROM ANY LEASE, 33 CONCESSION OR OTHER FINANCING STRUCTURE PURSUANT TO A TRANSPORTATION 34 INFRASTRUCTURE AGREEMENT MAY ONLY BE USED FOR THE PURPOSE OF THE DEVEL- 35 OPMENT OF TRANSPORTATION INFRASTRUCTURE. 36 S 509. CONDEMNATION AND OPERATION IN THE EVENT OF A DEFAULT. IN THE 37 EVENT A PUBLIC OR PRIVATE ENTITY DEFAULTS ON ITS OBLIGATIONS UNDER A 38 TRANSPORTATION INFRASTRUCTURE AGREEMENT ENTERED INTO PURSUANT TO SECTION 39 FIVE HUNDRED ONE OF THIS ARTICLE, THE COMMISSIONER WITH BOARD APPROVAL 40 IS HEREBY AUTHORIZED BUT NOT REQUIRED TO ACQUIRE, IN THE NAME OF THE 41 PEOPLE OF THE STATE, ALL OR ANY PORTION OF ANY TRANSPORTATION INFRAS- 42 TRUCTURE CONSTRUCTED OR UNDER CONSTRUCTION BY SUCH PUBLIC OR PRIVATE 43 ENTITY, WITH ANY DAMAGES SUFFERED TO THE STATE AS A RESULT OF SUCH 44 DEFAULT BEING AN OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION 45 OF THE TRANSPORTATION INFRASTRUCTURE. THE COMMISSIONER, WITH BOARD 46 APPROVAL, MAY ALSO TERMINATE THE TRANSPORTATION INFRASTRUCTURE AGREEMENT 47 AND EXERCISE ANY OTHER RIGHTS OR REMEDIES WHICH MAY BE AVAILABLE TO THE 48 DEPARTMENT AT LAW OR IN EQUITY. IN THE EVENT OF SUCH ACQUISITION AND 49 NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT IS 50 HEREBY AUTHORIZED, BUT IS NOT REQUIRED, TO OPERATE AND MAINTAIN THE 51 TRANSPORTATION INFRASTRUCTURE. 52 S 510. FEDERAL, STATE AND LOCAL ASSISTANCE. 1. NOTWITHSTANDING ANY 53 PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER, IN RELATION TO 54 TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSUANT TO 55 SECTION FIVE HUNDRED ONE OF THIS ARTICLE, MAY: S. 740 6 1 (A) TAKE ANY ACTION TO OBTAIN FEDERAL, STATE OR LOCAL ASSISTANCE FOR A 2 TRANSPORTATION INFRASTRUCTURE PROJECT THAT SERVES THE PURPOSES OF THIS 3 ARTICLE AND MAY ENTER INTO ANY CONTRACTS REQUIRED TO RECEIVE SUCH 4 ASSISTANCE. THE COMMISSIONER MAY USE SUCH ASSISTANCE FOR THE IMPLEMENTA- 5 TION OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSU- 6 ANT TO SECTION FIVE HUNDRED ONE OF THIS ARTICLE. 7 (B) AGREE TO MAKE GRANTS OR LOANS OR OTHER FORMS OF ASSISTANCE FOR THE 8 DEVELOPMENT AND/OR OPERATION OF THE TRANSPORTATION INFRASTRUCTURE 9 PROJECT FROM TIME TO TIME FROM AMOUNTS RECEIVED FROM THE FEDERAL, STATE, 10 OR ANY LOCAL GOVERNMENT, OR ANY AGENCY OR INSTRUMENTALITY THEREOF. 11 2. NOTHING IN THIS ARTICLE OR IN A TRANSPORTATION INFRASTRUCTURE 12 AGREEMENT ENTERED INTO PURSUANT TO THIS ARTICLE SHALL BE DEEMED TO 13 ENLARGE, DIMINISH OR AFFECT THE AUTHORITY, IF ANY, CONCERNING THE DEBT 14 CAPACITY OF THE STATE OR ANY OTHER PUBLIC ENTITY. 15 S 511. POLICE POWERS; VIOLATIONS OF LAW. NOTWITHSTANDING ANY 16 PROVISIONS OF LAW TO THE CONTRARY: 17 1. ALL POLICE OFFICERS OF THE STATE AND OF EACH AFFECTED LOCAL JURIS- 18 DICTION, SHALL HAVE THE SAME POWERS AND JURISDICTION WITHIN THE LIMITS 19 OF THE TRANSPORTATION INFRASTRUCTURE AS THEY HAVE IN THEIR RESPECTIVE 20 AREAS OF JURISDICTION AND SUCH POLICE OFFICERS SHALL HAVE ACCESS TO THE 21 TRANSPORTATION INFRASTRUCTURE AT ANY TIME FOR THE PURPOSE OF EXERCISING 22 SUCH POWERS AND JURISDICTION. THIS AUTHORITY DOES NOT EXTEND TO THE 23 PRIVATE OFFICES, BUILDINGS, GARAGES, AND OTHER IMPROVEMENTS OF A PRIVATE 24 ENTITY TO ANY GREATER DEGREE THAN THE POLICE POWER EXTENDS TO ANY OTHER 25 PRIVATE BUILDINGS AND IMPROVEMENTS. 26 2. TO THE EXTENT THE TRANSPORTATION INFRASTRUCTURE IS A HIGHWAY, ROAD, 27 BRIDGE, TUNNEL, OVERPASS, OR SIMILAR TRANSPORTATION INFRASTRUCTURE FOR 28 MOTOR VEHICLES, THE TRAFFIC AND MOTOR VEHICLE LAWS GENERALLY APPLICABLE 29 TO SUCH INFRASTRUCTURE UNDER THE JURISDICTION OF THE DEPARTMENT SHALL 30 APPLY TO CONDUCT ON THE TRANSPORTATION INFRASTRUCTURE. PUNISHMENT FOR 31 OFFENSES SHALL BE AS PRESCRIBED BY LAW FOR CONDUCT OCCURRING ON SIMILAR 32 TRANSPORTATION INFRASTRUCTURE IN THE STATE. 33 S 512. POWERS AND DUTIES OF THE PRIVATE ENTITY. NOTWITHSTANDING ANY 34 PROVISIONS OF LAW TO THE CONTRARY: 35 1. THE PRIVATE ENTITY SHALL HAVE ALL POWER ALLOWED BY LAW GENERALLY TO 36 A PRIVATE ENTITY HAVING THE SAME FORM OF ORGANIZATION AS THE PRIVATE 37 ENTITY AND SHALL HAVE THE POWER TO DEVELOP, MAINTAIN AND/OR OPERATE THE 38 TRANSPORTATION INFRASTRUCTURE AND/OR ENTER INTO SERVICE CONTRACTS OR 39 OTHER AGREEMENTS IN CONNECTION WITH THE USE THEREOF. 40 2. THE PRIVATE ENTITY MAY LEASE OR ACQUIRE ANY OTHER RIGHT TO USE OR 41 DEVELOP, MAINTAIN AND/OR OPERATE THE TRANSPORTATION INFRASTRUCTURE 42 CONSISTENT WITH SUBDIVISION THREE OF SECTION FIVE HUNDRED SIX OF THIS 43 ARTICLE. 44 S 513. CONFIDENTIALITY. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED 45 PURSUANT TO THIS ARTICLE SHALL MAKE PROVISION FOR THE PROTECTION OF 46 INTERESTS AND RIGHTS IN INTELLECTUAL PROPERTY AND TRADE SECRETS AND 47 CONFIDENTIAL INFORMATION OTHERWISE PROTECTED BY STATE OR FEDERAL LAW. 48 S 514. SEVERABILITY CLAUSE. IF ANY SECTION, CLAUSE OR PROVISION OF 49 THIS ARTICLE SHALL BE DETERMINED TO BE UNCONSTITUTIONAL OR BE INEFFEC- 50 TIVE IN WHOLE OR IN PART, TO THE EXTENT THAT IT IS NOT UNCONSTITUTIONAL 51 OR INEFFECTIVE, IT SHALL BE VALID AND EFFECTIVE AND NO OTHER SECTION, 52 CLAUSE OR PROVISION SHALL, ON ACCOUNT THEREOF, BE DEEMED INVALID OR 53 INEFFECTIVE. 54 S 3. The executive law is amended by adding a new article 43 to read 55 as follows: S. 740 7 1 ARTICLE 43 2 INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD 3 SECTION 930. INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD. 4 931. POWERS AND DUTIES. 5 S 930. INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD. 1. THERE IS HEREBY 6 ESTABLISHED IN THE EXECUTIVE DEPARTMENT AN INNOVATIVE INFRASTRUCTURE 7 DEVELOPMENT BOARD ("BOARD") TO CONSIST OF NINE MEMBERS, WHO SHALL BE 8 APPOINTED AS FOLLOWS: (A) THREE SHALL BE APPOINTED BY THE GOVERNOR, 9 PROVIDED THAT ONE SHALL BE THE COMMISSIONER OF TRANSPORTATION AND OF THE 10 REMAINING TWO, ONE EACH SHALL BE FROM EACH OF THE TWO MAJOR POLITICAL 11 PARTIES; (B) TWO SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF THE 12 TEMPORARY PRESIDENT OF THE SENATE; (C) TWO SHALL BE APPOINTED ON THE 13 WRITTEN RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; (D) ONE SHALL BE 14 APPOINTED ON THE WRITTEN RECOMMENDATION OF THE MINORITY LEADER OF THE 15 SENATE; AND (E) ONE SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF 16 THE MINORITY LEADER OF THE ASSEMBLY. 17 2. THE GOVERNOR SHALL DESIGNATE THE CHAIR FROM AMONG THE MEMBERS OF 18 THE BOARD. 19 3. (A) AT LEAST ONE MEMBER EACH APPOINTED BY THE GOVERNOR, TEMPORARY 20 PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY SHALL BE AN EXPERT 21 IN TRANSPORTATION, AND/OR PUBLIC FINANCE AND/OR INFRASTRUCTURE MANAGE- 22 MENT. 23 (B) AT LEAST ONE MEMBER EACH APPOINTED BY THE GOVERNOR, TEMPORARY 24 PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY SHALL BE FROM THE 25 PRIVATE SECTOR, PROVIDED, HOWEVER THAT THE MEMBER APPOINTED PURSUANT TO 26 THIS PARAGRAPH MAY BE THE SAME AS THAT MEMBER APPOINTED PURSUANT TO 27 PARAGRAPH (A) OF THIS SUBDIVISION. 28 (C) NO MEMBER OF THE BOARD SHALL ALSO BE A MEMBER OF THE LEGISLATURE. 29 4. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR 30 SERVICE AS MEMBERS, BUT SHALL BE ENTITLED TO ACTUAL NECESSARY EXPENSES 31 INCURRED IN THE PERFORMANCE OF THEIR DUTIES. MEMBERS OF THE BOARD SHALL 32 BE CONSIDERED PUBLIC OFFICERS FOR PURPOSES OF SECTION SEVENTEEN OF THE 33 PUBLIC OFFICERS LAW. 34 5. A QUORUM SHALL CONSIST OF A MAJORITY OF THE MEMBERS OF THE BOARD. A 35 QUORUM SHALL BE REQUIRED TO CONDUCT BUSINESS. APPROVAL OF ANY MATTER 36 PROPERLY BEFORE THE BOARD SHALL REQUIRE THE AFFIRMATIVE VOTE OF THE 37 MAJORITY OF THE BOARD; PROVIDED HOWEVER THAT ANY PROVISION OF A TRANS- 38 PORTATION INFRASTRUCTURE AGREEMENT, AS DEFINED IN SECTION FIVE HUNDRED 39 OF THE TRANSPORTATION LAW OR SUBDIVISION ONE OF SECTION THREE HUNDRED 40 EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW, WHICH PROVIDES FOR THE 41 CONVEYANCE OF ANY INTEREST IN EXCESS OF THIRTY-FIVE YEARS SHALL REQUIRE 42 AN AFFIRMATIVE VOTE BY A SUPER-MAJORITY OF SIX MEMBERS FOR APPROVAL. 43 6. MEETINGS SHALL BE CALLED BY THE CHAIR OR BY A MAJORITY OF THOSE 44 MEMBERS APPOINTED. MEETINGS SHALL BE HELD AT LEAST BI-ANNUALLY. 45 7. THE BOARD MAY APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE 46 FOR THE PERFORMANCE OF ITS DUTIES AND FIX AND DETERMINE THEIR QUALIFICA- 47 TIONS, DUTIES, AND COMPENSATION, AND RETAIN OR EMPLOY COUNSEL, AUDITORS 48 AND PRIVATE FINANCIAL CONSULTANTS AND OTHER SERVICES ON A CONTRACT BASIS 49 OR OTHERWISE FOR RENDERING PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES 50 AND ADVICE; SUCH AUTHORITY SHALL BE SUBJECT TO APPROPRIATION. 51 8. THE BOARD SHALL ESTABLISH BY-LAWS FOR THE MANAGEMENT AND REGULATION 52 OF ITS AFFAIRS. 53 S 931. POWERS AND DUTIES. 1. SOLICITATION OF PROPOSALS. THE BOARD MAY 54 APPROVE AND PUBLICLY SOLICIT A PRELIMINARY PROPOSAL ADVANCED PURSUANT TO 55 SECTION FIVE HUNDRED FOUR OF THE TRANSPORTATION LAW OR SUBDIVISION FOUR 56 OF SECTION THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW, OR S. 740 8 1 MAY PUBLICLY SOLICIT OTHER PROPOSALS FROM PUBLIC AND/OR PRIVATE ENTITIES 2 FOR TRANSPORTATION INFRASTRUCTURE PROJECTS AS DEFINED IN SUBDIVISION SIX 3 OF SECTION FIVE HUNDRED OF THE TRANSPORTATION LAW, SUBDIVISION ONE OF 4 SECTION THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW OR 5 SUBDIVISION ONE OF SECTION FIVE HUNDRED FORTY-THREE OF THE PUBLIC 6 AUTHORITIES LAW. 7 2. APPROVAL OF BEST VALUE PROPOSALS. (A) THE BOARD MAY APPROVE A 8 PROPOSAL PRELIMINARILY ACCEPTED PURSUANT TO SECTION FIVE HUNDRED FIVE OF 9 THE TRANSPORTATION LAW, SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHT- 10 Y-NINE OF THE PUBLIC AUTHORITIES LAW, SUBDIVISION FIVE OF SECTION FIVE 11 HUNDRED FORTY-THREE OF THE PUBLIC AUTHORITIES LAW, OR ANY OTHER PROPOSAL 12 PROPERLY SUBMITTED IN RESPONSE TO A SOLICITATION MADE PURSUANT TO SUBDI- 13 VISION ONE OF THIS SECTION IF THE BOARD DETERMINES THAT SUCH PROPOSAL 14 PRESENTS THE BEST VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF 15 THE STATE FINANCE LAW CONSIDERING THE FOLLOWING: 16 (I) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE 17 PROJECT; 18 (II) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES 19 OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT; 20 (III) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE 21 PROJECT, AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS 22 CONNECTIONS TO OR ROLE WITHIN THE EXISTING TRANSPORTATION SYSTEM AND THE 23 COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE STATE AND OF ANY 24 AFFECTED LOCAL JURISDICTIONS; 25 (IV) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT, 26 CONSTRUCTION, IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPOR- 27 TATION INFRASTRUCTURE PROJECT; 28 (V) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE 29 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE 30 PROJECT; AND 31 (VI) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS- 32 FIES ANY OTHER CRITERIA ESTABLISHED BY THE BOARD IN THE SOLICITATION 33 MADE PURSUANT TO SUBDIVISION ONE OF THIS SECTION. 34 (B) THE BOARD SHALL NOT APPROVE ANY PROPOSAL UNLESS THE AGGREGATE LIFE 35 OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE PROJECT IS LESS 36 THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE PURSUANT TO SECTION 37 FIVE HUNDRED THREE OF THE TRANSPORTATION LAW, SUBDIVISION THREE OF 38 SECTION THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW OR 39 SUBDIVISION THREE OF SECTION FIVE HUNDRED FORTY-THREE OF THE PUBLIC 40 AUTHORITIES LAW. 41 (C) THE BOARD MAY ONLY APPROVE A PROPOSAL CONTAINING THE CONVEYANCE OF 42 ANY INTEREST IN EXCESS OF THIRTY-FIVE YEARS WITH THE AFFIRMATIVE VOTE OF 43 A SUPER-MAJORITY AS SET FORTH IN SUBDIVISION FIVE OF SECTION NINE 44 HUNDRED THIRTY OF THIS ARTICLE. 45 3. APPROVAL OF TRANSPORTATION INFRASTRUCTURE AGREEMENTS. BOARD 46 APPROVAL SHALL BE REQUIRED OF ANY TRANSPORTATION INFRASTRUCTURE AGREE- 47 MENT TO BE ENTERED INTO PURSUANT TO SECTION FIVE HUNDRED ONE OF THE 48 TRANSPORTATION LAW, SUBDIVISION TWO OF SECTION THREE HUNDRED EIGHTY-NINE 49 OF THE PUBLIC AUTHORITIES LAW, OR SUBDIVISION TWO OF SECTION FIVE 50 HUNDRED FORTY-THREE OF THE PUBLIC AUTHORITIES LAW. 51 4. APPROVAL OF ACQUISITION OF ALL OR PART OF TRANSPORTATION INFRAS- 52 TRUCTURE. BOARD APPROVAL SHALL BE REQUIRED FOR THE ACQUISITION OF ALL OR 53 ANY PART OF ANY TRANSPORTATION INFRASTRUCTURE PURSUANT TO SECTION FIVE 54 HUNDRED TEN OF THE TRANSPORTATION LAW OR SUBDIVISION NINE OF SECTION 55 THREE HUNDRED EIGHTY-NINE OF THE PUBLIC AUTHORITIES LAW. S. 740 9 1 5. ANNUAL REPORT. THE BOARD SHALL PREPARE AN ANNUAL REPORT AND SHALL 2 SUBMIT SUCH REPORT ON OR BEFORE JANUARY THIRTY-FIRST OF EACH YEAR TO THE 3 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE 4 ASSEMBLY AND THE CHAIRS OF THE SENATE AND ASSEMBLY TRANSPORTATION 5 COMMITTEES. (A) THE ANNUAL REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED 6 TO: 7 (I) DETAILS OF ANY SOLICITATION OR PRELIMINARY SOLICITATION MADE OR 8 PREPARED DURING THE REPORTING PERIOD; 9 (II) DETAILS OF ANY PROPOSAL SUBMITTED OR ACCEPTED PURSUANT TO A 10 PUBLIC SOLICITATION DURING THE REPORTING PERIOD; 11 (III) DETAILS ON THE PROGRESS OF ONGOING TRANSPORTATION INFRASTRUCTURE 12 PROJECT AGREEMENT NEGOTIATIONS; 13 (IV) DETAILS ON ANY AMENDMENTS TO EXISTING TRANSPORTATION INFRASTRUC- 14 TURE AGREEMENTS DURING THE REPORTING PERIOD; 15 (V) DETAILS OF ONGOING TRANSPORTATION INFRASTRUCTURE PROJECTS, INCLUD- 16 ING BUT NOT LIMITED TO THE MEETING OR FAILURE TO MEET ANY TIME DEAD- 17 LINES, THE ACHIEVEMENT OR FAILURE TO ACHIEVE ANY PERFORMANCE GOALS, ANY 18 COST OVERRUNS, ANY DEFAULT AND ANY OTHER INFORMATION PERTINENT TO THE 19 PROJECT'S ONGOING OPERATION; AND 20 (VI) AN ACCOUNTING OF ANY REVENUES AND EXPENDITURES ASSOCIATED WITH 21 ONGOING TRANSPORTATION INFRASTRUCTURE PROJECTS DURING THE REPORTING 22 PERIOD. 23 (B) THE ANNUAL REPORT MAY ADDITIONALLY INCLUDE ANY RECOMMENDATIONS FOR 24 LEGISLATION RELATED TO TRANSPORTATION INFRASTRUCTURE PROJECT DEVELOP- 25 MENT. 26 S 4. The public authorities law is amended by adding a new section 389 27 to read as follows: 28 S 389. INNOVATIVE INFRASTRUCTURE DEVELOPMENT. NOTWITHSTANDING ANY 29 OTHER PROVISIONS OF LAW TO THE CONTRARY: 30 1. AS USED IN THIS SECTION, UNLESS A DIFFERENT MEANING APPEARS FROM 31 THE CONTEXT, THE TERMS: 32 (A) "PRIVATE ENTITY" MEANS ANY ASSOCIATION, CORPORATION, LIMITED 33 LIABILITY COMPANY, PARTNERSHIP, FIRM, BUSINESS TRUST, JOINT VENTURE, 34 NOT-FOR-PROFIT ENTITY, FUND OR OTHER PRIVATE BUSINESS ENTITY. 35 (B) "PUBLIC ENTITY" MEANS THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER 36 STATE, ANY BI-STATE AUTHORITY OR COMMISSION, ANY MULTI-STATE AUTHORITY 37 OR COMMISSION, ANY MULTI-NATIONAL AUTHORITY OR COMMISSION, ANY NATION, 38 ANY PROVINCE, OR ANY AGENCY, COMMISSION, PUBLIC AUTHORITY, PUBLIC BENE- 39 FIT CORPORATION, POLITICAL SUBDIVISION OR MUNICIPALITY THEREOF, OR ANY 40 OTHER GOVERNMENTAL ENTITY, OR ANY COMBINATION OF THE FOREGOING. 41 (C) "TRANSPORTATION INFRASTRUCTURE" MEANS THE THRUWAY SYSTEM AS 42 DEFINED IN SECTION THREE HUNDRED FIFTY-ONE OF THIS TITLE AND THE 43 PROVISIONS FOR THE MOVEMENT OF PEOPLE, VEHICLES, GOODS OR INFORMATION 44 ON, BY OR THROUGH THE USE OF THE THRUWAY SYSTEM AND SHALL INCLUDE 45 SERVICES PROVIDED PURSUANT TO TRANSPORTATION INFRASTRUCTURE AGREEMENTS. 46 (D) "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT 47 ENTERED INTO BY THE AUTHORITY PURSUANT TO SUBDIVISION TWO OF THIS 48 SECTION. 49 (E) "TRANSPORTATION INFRASTRUCTURE PROJECT" SHALL MEAN THE PLANNING, 50 ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION, 51 RECONSTRUCTION, RESTORATION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT, 52 RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERATION, MAINTENANCE, 53 DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION INFRASTRUCTURE, INCLUD- 54 ING, BUT NOT LIMITED TO, AGREEMENTS RELATING TO THE DISTRIBUTION OF FARE 55 AND TOLL PAYMENT MEDIA AND ELECTRONIC PAYMENT DEVICES, AND THE ESTAB- S. 740 10 1 LISHMENT AND COLLECTION OF USER FEES, PURSUANT TO ONE OR MORE TRANSPOR- 2 TATION INFRASTRUCTURE AGREEMENTS. 3 (F) "USER FEES" MEANS THE RATES, TOLLS, FARES, RENTALS OR FEES OR 4 OTHER CHARGES IMPOSED FOR OR ASSOCIATED WITH THE USE AND OPERATION OF 5 ALL OR A PORTION OF TRANSPORTATION INFRASTRUCTURE PURSUANT TO A TRANS- 6 PORTATION INFRASTRUCTURE AGREEMENT. 7 (G) "BOARD" MEANS THE INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD AS 8 ESTABLISHED BY SECTION NINE HUNDRED THIRTY OF THE EXECUTIVE LAW. 9 2. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE 10 AUTHORITY IS AUTHORIZED, AS ADDITIONAL CORPORATE PURPOSES THEREOF, TO 11 ENTER INTO TRANSPORTATION INFRASTRUCTURE AGREEMENTS, ON SUCH TERMS AND 12 CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE AND SUBJECT TO THE 13 APPROVAL OF THE DIRECTOR OF BUDGET AND THE BOARD, AND IN ACCORDANCE WITH 14 SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW, WITH PUBLIC AND/OR 15 PRIVATE ENTITIES TO PROVIDE FOR, OR IN SUPPORT OF, OR ASSOCIATED WITH 16 TRANSPORTATION INFRASTRUCTURE PROJECTS. IN FURTHERANCE OF SUCH AGREE- 17 MENTS, THE AUTHORITY MAY: 18 (A) ACCEPT IN ACCORDANCE WITH THE STATE FINANCE LAW AND THE PUBLIC 19 OFFICERS LAW, ANY APPROPRIATION, GRANT, OR OFFER OF FUNDS OR PROPERTY OR 20 OTHER FORMS OF ASSISTANCE FOR THE PURPOSES OF THIS SECTION FROM ANY 21 PUBLIC AND/OR PRIVATE ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS 22 THEREOF; 23 (B) ACCEPT, PURSUANT TO THE TERMS OF A TRANSPORTATION INFRASTRUCTURE 24 AGREEMENT, PROPERTY OR ANY INTEREST THEREIN AND TRANSPORTATION INFRAS- 25 TRUCTURE TO BE MAINTAINED AS PART OF THE THRUWAY SYSTEM. ANY SUCH INTER- 26 EST IN TRANSPORTATION INFRASTRUCTURE SO ACQUIRED SHALL BE DEEMED TO HAVE 27 BEEN ACQUIRED BY THE AUTHORITY OR AT THE AUTHORITY'S REQUEST PURSUANT TO 28 THIS TITLE; 29 (C) UTILIZE ANY OF ITS POWERS OR AUTHORITY TO ACHIEVE THE PURPOSES OF 30 THIS SECTION INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE BONDS, 31 NOTES AND OTHER OBLIGATIONS; 32 (D) FINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO ANY 33 PUBLIC AND/OR PRIVATE ENTITY OF ANY TRANSPORTATION INFRASTRUCTURE 34 PROJECT, INCLUDING FINANCING THROUGH OR ACCOMPANIED BY ONE OR MORE LEAS- 35 ES OR CONCESSIONS OF SUCH PROJECT OR ANY PART THEREOF BY OR TO SUCH 36 ENTITY OR ENTITIES AND/OR BY OR TO THE AUTHORITY OR ANY OF ITS SUBSID- 37 IARIES OR AFFILIATES; 38 (E) UTILIZE THE AUTHORITY'S EMINENT DOMAIN POWERS, PURSUANT TO 39 SECTIONS THREE HUNDRED FIFTY-EIGHT AND THREE HUNDRED FIFTY-EIGHT-A OF 40 THIS TITLE, ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY DEEMS APPRO- 41 PRIATE, TO ACQUIRE PROPERTY REQUIRED FOR TRANSPORTATION INFRASTRUCTURE 42 PROJECTS; AND 43 (F) PROVIDE FOR THE COLLECTION AND/OR RETENTION OF USER FEES PURSUANT 44 TO THIS ARTICLE; PROVIDED HOWEVER THAT ANY PROVISION OF A TRANSPORTATION 45 INFRASTRUCTURE AGREEMENT WHICH PROVIDES FOR INCREASES IN USER FEES ON 46 INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES, ESTABLISHMENT OF USER 47 FEES IN A NEW LOCATION ON INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES, 48 OR THE ESTABLISHMENT OF USER FEES ON NEWLY CONSTRUCTED INFRASTRUCTURE OR 49 INFRASTRUCTURE IMPROVED TO INCREASE CAPACITY SHALL BE CONSISTENT WITH 50 THE POWERS OF THE AUTHORITY TO ESTABLISH OR INCREASE USER FEES PURSUANT 51 TO THIS TITLE. 52 3. COST ANALYSIS. PRIOR TO ANY SOLICITATION OF PROPOSALS MADE PURSUANT 53 TO SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW THE AUTHORITY 54 SHALL CONDUCT A STUDY AND ISSUE A REPORT WHICH SHALL DETAIL THE RISK 55 ADJUSTED ESTIMATED LIFE OF PROJECT COST FOR THE PROPOSED TRANSPORTATION S. 740 11 1 INFRASTRUCTURE PROJECT WERE THE AUTHORITY TO UNDERTAKE SUCH PROJECT 2 THROUGH TRADITIONAL MEANS OF PROCUREMENT AND FINANCING. 3 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY 4 IS AUTHORIZED TO PREPARE PRELIMINARY SOLICITATIONS FOR THE PROVISION OF 5 TRANSPORTATION INFRASTRUCTURE PROJECTS. SUCH SOLICITATIONS SHALL SET 6 FORTH THE PROPOSED PARAMETERS OF THE PROJECT AND SHALL BE SUBJECT TO 7 APPROVAL OF THE BOARD PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE 8 EXECUTIVE LAW. 9 5. (A) AFTER A SOLICITATION MADE PURSUANT TO SECTION NINE HUNDRED 10 THIRTY-ONE OF THE EXECUTIVE LAW, THE AUTHORITY SHALL REVIEW ALL PROPER 11 PROPOSALS AND MAY PRELIMINARILY ACCEPT AND ADVANCE TO THE BOARD FOR 12 APPROVAL THE PROPOSAL THAT IS DETERMINED BY THE AUTHORITY TO BE THE BEST 13 VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE 14 LAW CONSIDERING THE FOLLOWING: 15 (I) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE 16 PROJECT; 17 (II) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES 18 OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT; 19 (III) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE 20 PROJECT AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS 21 CONNECTIONS TO OR ROLE WITHIN THE EXISTING THRUWAY SYSTEM AND THE 22 COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE AUTHORITY AND OF ANY 23 STATE OR LOCAL JURISDICTIONS; 24 (IV) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT, 25 CONSTRUCTION, IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPOR- 26 TATION INFRASTRUCTURE PROJECT; 27 (V) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE 28 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE 29 PROJECT; AND 30 (VI) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS- 31 FIES ANY OTHER CRITERIA ESTABLISHED IN THE SOLICITATION MADE PURSUANT TO 32 SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW. 33 (B) THE AUTHORITY SHALL NOT ACCEPT OR ADVANCE ANY PROPOSAL UNLESS THE 34 AGGREGATE LIFE OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE 35 PROJECT IS LESS THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE 36 PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 37 6. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE 38 AUTHORITY OR BOARD TO MAKE ANY SOLICITATION, ACCEPT ANY PROPOSAL OR 39 ENTER INTO ANY AGREEMENT WITH ANY PUBLIC AND/OR PRIVATE ENTITY. 40 (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO: (I) LIMIT THE AUTHOR- 41 ITY'S EXISTING POWERS AND AUTHORITY; (II) REQUIRE THE AUTHORITY TO 42 ACCEPT ANY PROJECT THROUGH THE PROVISIONS OF THIS SECTION; (III) REQUIRE 43 THE AUTHORITY TO ENTER INTO ANY AGREEMENTS PURSUANT TO THIS SECTION; OR 44 (IV) REQUIRE THE AUTHORITY TO TAKE ANY ACTION THAT WOULD CONTRADICT OR 45 IMPAIR ANY EXISTING AUTHORITY CONTRACT OR AGREEMENT WITH ITS BONDHOLDERS 46 OR OTHER ENTITIES. 47 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI- 48 TY MAY CONVEY AN INTEREST IN PROPERTY, IN WHICH THE AUTHORITY HAS AN 49 INTEREST TO A PUBLIC AND/OR PRIVATE ENTITY PURSUANT TO THE TERMS OF A 50 TRANSPORTATION INFRASTRUCTURE AGREEMENT, PROVIDED HOWEVER THAT NO SUCH 51 INTEREST SHALL BE A FEE SIMPLE ABSOLUTE AND ANY CONVEYANCE OF AN INTER- 52 EST IN PROPERTY IN EXCESS OF THIRTY-FIVE YEARS SHALL REQUIRE APPROVAL OF 53 A SUPER-MAJORITY OF THE BOARD PURSUANT TO ARTICLE FORTY-THREE OF THE 54 EXECUTIVE LAW. S. 740 12 1 (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND 2 REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS 3 SECTION. 4 (E) PROJECTS UNDERTAKEN BY THE AUTHORITY PURSUANT TO THIS ARTICLE 5 SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE ENVIRON- 6 MENTAL CONSERVATION LAW, AND, WHERE APPLICABLE, THE REQUIREMENTS OF THE 7 NATIONAL ENVIRONMENTAL POLICY ACT. 8 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, TRANSPORTA- 9 TION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSUANT TO THIS SECTION MAY 10 PROVIDE FOR: 11 (A) THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL 12 ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHABILITATION, 13 ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, MANAGEMENT, 14 OPERATION, MAINTENANCE, DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION 15 FACILITIES AND THE PROVISION OF TRANSPORTATION INFRASTRUCTURE BY A 16 SINGLE PUBLIC OR PRIVATE ENTITY OR COMBINATION OF PUBLIC AND PRIVATE 17 ENTITIES; 18 (B) THE ALLOCATION OF RESPONSIBILITY AND TIMING FOR SPECIFIC PROJECT 19 ELEMENTS, REVENUE-SHARING ARRANGEMENTS, ALLOCATION OF FINANCIAL RESPON- 20 SIBILITY FOR COST OVERRUNS, ALLOCATION OF DEVELOPMENT COSTS, INSURANCE 21 OR SURETY REQUIREMENTS, LIABILITY FOR NON-PERFORMANCE, STANDARDS AND 22 INCENTIVES FOR PERFORMANCE, DEFAULT, TERMINATION, BUY-BACK, RENEGOTI- 23 ATION OR AMENDMENT CLAUSES, INSPECTION CLAUSES, FINANCIAL REPORTING, 24 ACCOUNTING AND AUDITING STANDARDS, ENVIRONMENTAL PERFORMANCE STANDARDS, 25 ANY OTHER RIGHTS AND DUTIES; 26 (C) THE IMPOSITION BY THE AUTHORITY, OR THE ESTABLISHMENT BY THE 27 PUBLIC AND/OR PRIVATE ENTITY WITH WHICH THE AUTHORITY CONTRACTS PURSUANT 28 TO THIS SECTION, OF USER FEES AND THE PLEDGE OF ALL OR ANY PORTION THER- 29 EOF IN CONNECTION WITH ANY FINANCING THEREON CONSISTENT WITH PARAGRAPH 30 (F) OF SUBDIVISION TWO OF THIS SECTION AND EXISTING CONTRACTS OR RESOL- 31 UTIONS RELATING THERETO; AND 32 (D) THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL OR NAVIGABLE 33 WATER COURSE OR RIGHT-OF-WAY, OR OTHER ROADWAY SO LONG AS THE CROSSING 34 DOES NOT UNREASONABLY INTERFERE WITH THE REASONABLE USE THEREOF. 35 8. ANY AUTHORITY REVENUES DERIVED FROM ANY LEASE, CONCESSION OR OTHER 36 FINANCING STRUCTURE PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREE- 37 MENT MAY ONLY BE USED FOR THE PURPOSE OF THE DEVELOPMENT OF TRANSPORTA- 38 TION INFRASTRUCTURE. 39 9. IN THE EVENT A PUBLIC OR PRIVATE ENTITY DEFAULTS ON ITS OBLIGATIONS 40 UNDER A TRANSPORTATION INFRASTRUCTURE AGREEMENT ENTERED INTO PURSUANT TO 41 SUBDIVISION TWO OF THIS SECTION, THE AUTHORITY WITH BOARD APPROVAL IS 42 HEREBY AUTHORIZED BUT NOT REQUIRED TO ACQUIRE ALL OR ANY PORTION OF ANY 43 TRANSPORTATION INFRASTRUCTURE CONSTRUCTED OR UNDER CONSTRUCTION OR 44 DEVELOPMENT BY OR IN CONJUNCTION WITH SUCH PUBLIC OR PRIVATE ENTITY, 45 WITH ANY DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT 46 BEING AN OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION OF THE 47 TRANSPORTATION INFRASTRUCTURE. THE AUTHORITY MAY ALSO TERMINATE THE 48 TRANSPORTATION INFRASTRUCTURE AGREEMENT AND EXERCISE ANY OTHER RIGHTS OR 49 REMEDIES WHICH MAY BE AVAILABLE TO IT AT LAW OR IN EQUITY. IN THE EVENT 50 OF SUCH ACQUISITION AND NOTWITHSTANDING ANY PROVISION OF LAW TO THE 51 CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED, BUT NOT REQUIRED, TO OPER- 52 ATE AND MAINTAIN THE TRANSPORTATION INFRASTRUCTURE, INCLUDING THE IMPO- 53 SITION AND COLLECTION OF APPLICABLE USER FEES. 54 10. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE AUTHOR- 55 ITY, THROUGH TRANSPORTATION INFRASTRUCTURE AGREEMENTS MAY: S. 740 13 1 (A) TAKE ANY ACTION TO OBTAIN FEDERAL, STATE OR LOCAL ASSISTANCE FOR A 2 TRANSPORTATION INFRASTRUCTURE PROJECT THAT SERVES THE PUBLIC PURPOSE OF 3 THIS CHAPTER AND MAY ENTER INTO ANY CONTRACTS REQUIRED TO RECEIVE SUCH 4 FEDERAL ASSISTANCE. THE AUTHORITY MAY USE SUCH ASSISTANCE FOR THE IMPLE- 5 MENTATION OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO 6 PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND 7 (B) AGREE TO MAKE GRANTS OR LOANS OR OTHER FORMS OF ASSISTANCE FOR THE 8 DEVELOPMENT AND/OR OPERATION OF THE TRANSPORTATION INFRASTRUCTURE 9 PROJECT FROM TIME TO TIME FROM AMOUNTS RECEIVED FROM THE FEDERAL, STATE, 10 OR LOCAL GOVERNMENT, OR ANY AGENCY OR INSTRUMENTALITY THEREOF. 11 11. NOTHING IN THIS SECTION OR IN A TRANSPORTATION INFRASTRUCTURE 12 AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION SHALL BE DEEMED TO 13 ENLARGE, DIMINISH OR AFFECT THE AUTHORITY, IF ANY, OTHERWISE POSSESSED 14 BY THE AUTHORITY TO TAKE ACTION THAT WOULD IMPACT THE DEBT CAPACITY OF 15 THE STATE OR ANY OTHER PUBLIC ENTITY. 16 12. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY: 17 (A) THE PRIVATE ENTITY SHALL HAVE ALL POWER ALLOWED BY LAW GENERALLY 18 TO A PRIVATE ENTITY HAVING THE SAME FORM OF ORGANIZATION AS THE PRIVATE 19 ENTITY AND SHALL HAVE THE POWER TO DEVELOP AND/OR OPERATE THE TRANSPOR- 20 TATION INFRASTRUCTURE AND IMPOSE USER FEES PURSUANT TO A TRANSPORTATION 21 INFRASTRUCTURE AGREEMENT CONSISTENT WITH PARAGRAPH (F) OF SUBDIVISION 22 TWO OF THIS SECTION AND/OR ENTER INTO SERVICE CONTRACTS OR OTHER AGREE- 23 MENTS IN CONNECTION WITH THE USE THEREOF; 24 (B) THE PRIVATE ENTITY MAY LEASE OR ACQUIRE ANY OTHER RIGHT TO USE OR 25 DEVELOP AND/OR OPERATE THE TRANSPORTATION INFRASTRUCTURE CONSISTENT WITH 26 PARAGRAPH (C) OF SUBDIVISION SIX OF THIS SECTION; AND 27 (C) IN OPERATING THE TRANSPORTATION INFRASTRUCTURE, THE PRIVATE ENTITY 28 MAY PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREEMENT MAKE CLASSI- 29 FICATIONS ACCORDING TO REASONABLE CATEGORIES FOR ASSESSMENT OF USER FEES 30 PROVIDED SUCH PRIVATE ENTITY GETS NECESSARY APPROVAL IN ACCORDANCE WITH 31 THE TERMS OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENT. 32 13. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED PURSUANT TO THIS 33 SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND RIGHTS 34 IN INTELLECTUAL PROPERTY AND TRADE SECRETS AND INFORMATION OTHERWISE 35 PROTECTED BY STATE OR FEDERAL LAW. 36 14. IF ANY CLAUSE OR PROVISION OF THIS SECTION SHALL BE DETERMINED TO 37 BE UNCONSTITUTIONAL OR BE INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT 38 THAT IT IS NOT UNCONSTITUTIONAL OR INEFFECTIVE, IT SHALL BE VALID AND 39 EFFECTIVE AND NO OTHER CLAUSE OR PROVISION SHALL, ON ACCOUNT THEREOF, BE 40 DEEMED INVALID OR INEFFECTIVE. 41 S 5. The public authorities law is amended by adding a new section 42 543 to read as follows: 43 S 543. INNOVATIVE INFRASTRUCTURE DEVELOPMENT. NOTWITHSTANDING ANY 44 OTHER PROVISIONS OF LAW TO THE CONTRARY: 45 1. AS USED IN THIS SECTION, UNLESS A DIFFERENT MEANING APPEARS FROM 46 THE CONTEXT, THE TERMS: 47 (A) "PRIVATE ENTITY" MEANS ANY ASSOCIATION, CORPORATION, LIMITED 48 LIABILITY COMPANY, PARTNERSHIP, FIRM, BUSINESS TRUST, JOINT VENTURE, 49 NOT-FOR-PROFIT ENTITY, FUND OR OTHER PRIVATE BUSINESS ENTITY. 50 (B) "PUBLIC ENTITY" MEANS THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER 51 STATE, ANY BI-STATE AUTHORITY OR COMMISSION, ANY MULTI-STATE AUTHORITY 52 OR COMMISSION, ANY MULTI-NATIONAL AUTHORITY OR COMMISSION, ANY NATION, 53 ANY PROVINCE, OR ANY AGENCY, COMMISSION, PUBLIC AUTHORITY, PUBLIC BENE- 54 FIT CORPORATION, POLITICAL SUBDIVISION OR MUNICIPALITY THEREOF, OR ANY 55 OTHER GOVERNMENTAL ENTITY, OR ANY COMBINATION OF THE FOREGOING. S. 740 14 1 (C) "TRANSPORTATION INFRASTRUCTURE" MEANS BRIDGES AS DEFINED IN SUBDI- 2 VISION NINE OF SECTION FIVE HUNDRED TWENTY-SIX OF THIS TITLE AND THE 3 PROVISIONS FOR THE MOVEMENT OF PEOPLE, VEHICLES, GOODS OR INFORMATION 4 ON, BY OR THROUGH THE USE OF BRIDGES AND SHALL INCLUDE SERVICES PROVIDED 5 PURSUANT TO TRANSPORTATION INFRASTRUCTURE AGREEMENTS. 6 (D) "TRANSPORTATION INFRASTRUCTURE AGREEMENT" SHALL MEAN ANY AGREEMENT 7 ENTERED INTO BY THE AUTHORITY PURSUANT TO SUBDIVISION TWO OF THIS 8 SECTION. 9 (E) "TRANSPORTATION INFRASTRUCTURE PROJECT" SHALL MEAN THE PLANNING, 10 ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION, 11 RECONSTRUCTION, RESTORATION, REHABILITATION, ESTABLISHMENT, IMPROVEMENT, 12 RENOVATION, EXTENSION, REPAIR, MANAGEMENT, OPERATION, MAINTENANCE, 13 DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION INFRASTRUCTURE, INCLUD- 14 ING, BUT NOT LIMITED TO, AGREEMENTS RELATING TO THE DISTRIBUTION OF FARE 15 AND TOLL PAYMENT MEDIA AND ELECTRONIC PAYMENT DEVICES, AND THE ESTAB- 16 LISHMENT AND COLLECTION OF USER FEES, PURSUANT TO ONE OR MORE TRANSPOR- 17 TATION INFRASTRUCTURE AGREEMENTS. 18 (F) "USER FEES" MEANS THE RATES, TOLLS, FARES, RENTALS OR FEES OR 19 OTHER CHARGES IMPOSED FOR OR ASSOCIATED WITH THE USE AND OPERATION OF 20 ALL OR A PORTION OF TRANSPORTATION INFRASTRUCTURE PURSUANT TO A TRANS- 21 PORTATION INFRASTRUCTURE AGREEMENT. 22 (G) "BOARD" MEANS THE INNOVATIVE INFRASTRUCTURE DEVELOPMENT BOARD AS 23 ESTABLISHED BY SECTION NINE HUNDRED THIRTY OF THE EXECUTIVE LAW. 24 2. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE 25 AUTHORITY IS AUTHORIZED, AS ADDITIONAL CORPORATE PURPOSES THEREOF, TO 26 ENTER INTO TRANSPORTATION INFRASTRUCTURE AGREEMENTS, ON SUCH TERMS AND 27 CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE AND SUBJECT TO THE 28 APPROVAL OF THE DIRECTOR OF BUDGET AND THE BOARD, AND IN ACCORDANCE WITH 29 SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW, WITH PUBLIC AND/OR 30 PRIVATE ENTITIES TO PROVIDE FOR, OR IN SUPPORT OF, OR ASSOCIATED WITH 31 TRANSPORTATION INFRASTRUCTURE PROJECTS. IN FURTHERANCE OF SUCH AGREE- 32 MENTS, THE AUTHORITY MAY: 33 (A) ACCEPT IN ACCORDANCE WITH THE STATE FINANCE LAW AND THE PUBLIC 34 OFFICERS LAW, ANY APPROPRIATION, GRANT, OR OFFER OF FUNDS OR PROPERTY OR 35 OTHER FORMS OF ASSISTANCE FOR THE PURPOSES OF THIS SECTION FROM ANY 36 PUBLIC AND/OR PRIVATE ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS 37 THEREOF; 38 (B) ACCEPT, PURSUANT TO THE TERMS OF A TRANSPORTATION INFRASTRUCTURE 39 AGREEMENT, PROPERTY OR ANY INTEREST THEREIN AND TRANSPORTATION INFRAS- 40 TRUCTURE TO BE MAINTAINED BY THE AUTHORITY. ANY SUCH INTEREST IN TRANS- 41 PORTATION INFRASTRUCTURE SO ACQUIRED SHALL BE DEEMED TO HAVE BEEN 42 ACQUIRED BY THE AUTHORITY OR AT THE AUTHORITY'S REQUEST PURSUANT TO THIS 43 TITLE; 44 (C) UTILIZE ANY OF ITS POWERS OR AUTHORITY TO ACHIEVE THE PURPOSES OF 45 THIS SECTION INCLUDING BUT NOT LIMITED TO THE POWER TO ISSUE BONDS, 46 NOTES AND OTHER OBLIGATIONS; 47 (D) FINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO ANY 48 PUBLIC AND/OR PRIVATE ENTITY OF ANY TRANSPORTATION INFRASTRUCTURE 49 PROJECT, INCLUDING FINANCING THROUGH OR ACCOMPANIED BY ONE OR MORE LEAS- 50 ES OR CONCESSIONS OF SUCH PROJECT OR ANY PART THEREOF BY OR TO SUCH 51 ENTITY OR ENTITIES AND/OR BY OR TO THE AUTHORITY OR ANY OF ITS SUBSID- 52 IARIES OR AFFILIATES; 53 (E) UTILIZE THE AUTHORITY'S EMINENT DOMAIN POWERS, PURSUANT TO SECTION 54 FIVE HUNDRED TWENTY-NINE OF THIS TITLE, ON SUCH TERMS AND CONDITIONS AS 55 THE AUTHORITY DEEMS APPROPRIATE, TO ACQUIRE PROPERTY REQUIRED FOR TRANS- 56 PORTATION INFRASTRUCTURE PROJECTS; AND S. 740 15 1 (F) PROVIDE FOR THE COLLECTION AND/OR RETENTION OF USER FEES PURSUANT 2 TO THIS ARTICLE; PROVIDED HOWEVER THAT ANY PROVISION OF A TRANSPORTATION 3 INFRASTRUCTURE AGREEMENT WHICH PROVIDES FOR INCREASES IN USER FEES ON 4 INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES, ESTABLISHMENT OF USER 5 FEES IN A NEW LOCATION ON INFRASTRUCTURE CURRENTLY SUBJECT TO USER FEES, 6 OR THE ESTABLISHMENT OF USER FEES ON NEWLY CONSTRUCTED INFRASTRUCTURE OR 7 INFRASTRUCTURE IMPROVED TO INCREASE CAPACITY SHALL BE CONSISTENT WITH 8 THE POWERS OF THE AUTHORITY TO ESTABLISH OR INCREASE USER FEES PURSUANT 9 TO THIS TITLE. 10 3. COST ANALYSIS. PRIOR TO ANY SOLICITATION OF PROPOSALS MADE PURSUANT 11 TO SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW THE AUTHORITY 12 SHALL CONDUCT A STUDY AND ISSUE A REPORT WHICH SHALL DETAIL THE RISK 13 ADJUSTED ESTIMATED LIFE OF PROJECT COST FOR THE PROPOSED TRANSPORTATION 14 INFRASTRUCTURE PROJECT WERE THE DEPARTMENT TO UNDERTAKE SUCH PROJECT 15 THROUGH TRADITIONAL MEANS OF PROCUREMENT AND FINANCING. 16 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY 17 IS AUTHORIZED TO PREPARE PRELIMINARY SOLICITATIONS FOR THE PROVISION OF 18 TRANSPORTATION INFRASTRUCTURE PROJECTS. SUCH SOLICITATIONS SHALL SET 19 FORTH THE PROPOSED PARAMETERS OF THE PROJECT AND SHALL BE SUBJECT TO 20 APPROVAL OF THE BOARD PURSUANT TO SECTION NINE HUNDRED THIRTY-ONE OF THE 21 EXECUTIVE LAW. 22 5. (A) AFTER A SOLICITATION MADE PURSUANT TO SECTION NINE HUNDRED 23 THIRTY-ONE OF THE EXECUTIVE LAW, THE AUTHORITY SHALL REVIEW ALL PROPER 24 PROPOSALS AND MAY PRELIMINARILY ACCEPT AND ADVANCE TO THE BOARD FOR 25 APPROVAL THE PROPOSAL THAT IS DETERMINED BY THE AUTHORITY TO BE THE BEST 26 VALUE AS DEFINED IN SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE 27 LAW CONSIDERING THE FOLLOWING: 28 (I) A PUBLIC NEED FOR THE PROPOSED TRANSPORTATION INFRASTRUCTURE 29 PROJECT; 30 (II) THE REASONABLENESS OF ESTIMATED COSTS, BENEFITS AND LIABILITIES 31 OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT; 32 (III) THE COMPATIBILITY OF THE PROPOSED TRANSPORTATION INFRASTRUCTURE 33 PROJECT AND THE SCHEDULING OF ITS DEVELOPMENT OR IMPLEMENTATION AND ITS 34 CONNECTIONS TO OR ROLE WITHIN THE EXISTING AUTHORITY INFRASTRUCTURE AND 35 THE COMPATIBILITY WITH THE TRANSPORTATION PLANS OF THE AUTHORITY AND OF 36 ANY STATE OR LOCAL JURISDICTIONS; 37 (IV) THE FEASIBILITY OF THE FINANCING OF THE DEVELOPMENT, 38 CONSTRUCTION, IMPLEMENTATION AND/OR OPERATION OF THE PROPOSED TRANSPOR- 39 TATION INFRASTRUCTURE PROJECT; 40 (V) THE QUALIFICATIONS, EXPERIENCE, AND FINANCIAL CAPACITY OF THE 41 PUBLIC AND/OR PRIVATE ENTITY PROVIDING THE TRANSPORTATION INFRASTRUCTURE 42 PROJECT; AND 43 (VI) WHETHER THE PROPOSED TRANSPORTATION INFRASTRUCTURE PROJECT SATIS- 44 FIES ANY OTHER CRITERIA ESTABLISHED IN THE SOLICITATION MADE PURSUANT TO 45 SECTION NINE HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW. 46 (B) THE AUTHORITY SHALL NOT ACCEPT OR ADVANCE ANY PROPOSAL UNLESS THE 47 AGGREGATE LIFE OF PROJECT COST FOR THE TRANSPORTATION INFRASTRUCTURE 48 PROJECT IS LESS THAN THE ESTIMATE PROVIDED IN THE COST ANALYSIS MADE 49 PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 50 6. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE 51 AUTHORITY OR BOARD TO MAKE ANY SOLICITATION, ACCEPT ANY PROPOSAL OR 52 ENTER INTO ANY AGREEMENT WITH ANY PUBLIC AND/OR PRIVATE ENTITY. 53 (B) NOTHING IN THIS SECTION SHALL BE DEEMED TO: (I) LIMIT THE AUTHORI- 54 TY'S EXISTING POWERS AND AUTHORITY; (II) REQUIRE THE AUTHORITY TO ACCEPT 55 ANY PROJECT THROUGH THE PROVISIONS OF THIS SECTION; (III) REQUIRE THE 56 AUTHORITY TO ENTER INTO ANY AGREEMENTS PURSUANT TO THIS SECTION; OR (IV) S. 740 16 1 REQUIRE THE AUTHORITY TO TAKE ANY ACTION THAT WOULD CONTRADICT OR IMPAIR 2 ANY EXISTING AUTHORITY CONTRACT OR AGREEMENT WITH ITS BONDHOLDERS OR 3 OTHER ENTITIES. 4 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI- 5 TY MAY CONVEY AN INTEREST IN PROPERTY, IN WHICH THE AUTHORITY HAS AN 6 INTEREST TO A PUBLIC AND/OR PRIVATE ENTITY PURSUANT TO THE TERMS OF A 7 TRANSPORTATION INFRASTRUCTURE AGREEMENT, PROVIDED HOWEVER THAT NO SUCH 8 INTEREST SHALL BE A FEE SIMPLE ABSOLUTE AND ANY CONVEYANCE OF AN INTER- 9 EST IN PROPERTY IN EXCESS OF THIRTY-FIVE YEARS SHALL REQUIRE APPROVAL OF 10 A SUPER-MAJORITY OF THE BOARD PURSUANT TO ARTICLE FORTY-THREE OF THE 11 EXECUTIVE LAW. 12 (D) THE AUTHORITY IS HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND 13 REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS 14 SECTION. 15 (E) PROJECTS UNDERTAKEN BY THE AUTHORITY PURSUANT TO THIS ARTICLE 16 SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE ENVIRON- 17 MENTAL CONSERVATION LAW, AND, WHERE APPLICABLE, THE REQUIREMENTS OF THE 18 NATIONAL ENVIRONMENTAL POLICY ACT. 19 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, TRANSPORTA- 20 TION INFRASTRUCTURE AGREEMENTS ENTERED INTO PURSUANT TO THIS SECTION MAY 21 PROVIDE FOR: 22 (A) THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL 23 ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHABILITATION, 24 ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, MANAGEMENT, 25 OPERATION, MAINTENANCE, DEVELOPMENT AND/OR FINANCING OF TRANSPORTATION 26 FACILITIES AND THE PROVISION OF TRANSPORTATION INFRASTRUCTURE BY A 27 SINGLE PUBLIC OR PRIVATE ENTITY OR COMBINATION OF PUBLIC AND PRIVATE 28 ENTITIES; 29 (B) THE ALLOCATION OF RESPONSIBILITY AND TIMING FOR SPECIFIC PROJECT 30 ELEMENTS, REVENUE-SHARING ARRANGEMENTS, ALLOCATION OF FINANCIAL RESPON- 31 SIBILITY FOR COST OVERRUNS, ALLOCATION OF DEVELOPMENT COSTS, INSURANCE 32 OR SURETY REQUIREMENTS, LIABILITY FOR NON-PERFORMANCE, STANDARDS AND 33 INCENTIVES FOR PERFORMANCE, DEFAULT, TERMINATION, BUY-BACK, RENEGOTI- 34 ATION OR AMENDMENT CLAUSES, INSPECTION CLAUSES, FINANCIAL REPORTING, 35 ACCOUNTING AND AUDITING STANDARDS, ENVIRONMENTAL PERFORMANCE STANDARDS, 36 ANY OTHER RIGHTS AND DUTIES; 37 (C) THE IMPOSITION BY THE AUTHORITY, OR THE ESTABLISHMENT BY THE 38 PUBLIC AND/OR PRIVATE ENTITY WITH WHICH THE AUTHORITY CONTRACTS PURSUANT 39 TO THIS SECTION, OF USER FEES AND THE PLEDGE OF ALL OR ANY PORTION THER- 40 EOF IN CONNECTION WITH ANY FINANCING THEREON CONSISTENT WITH PARAGRAPH 41 (F) OF SUBDIVISION TWO OF THIS SECTION AND EXISTING CONTRACTS OR RESOL- 42 UTIONS RELATING THERETO; AND 43 (D) THE CROSSING OF ANY STREET, HIGHWAY, RAILROAD, CANAL OR NAVIGABLE 44 WATER COURSE OR RIGHT-OF-WAY, OR OTHER ROADWAY SO LONG AS THE CROSSING 45 DOES NOT UNREASONABLY INTERFERE WITH THE REASONABLE USE THEREOF. 46 8. ANY AUTHORITY REVENUES DERIVED FROM ANY LEASE, CONCESSION OR OTHER 47 FINANCING STRUCTURE PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREE- 48 MENT MAY ONLY BE USED FOR THE PURPOSE OF THE DEVELOPMENT OF TRANSPORTA- 49 TION INFRASTRUCTURE. 50 9. IN THE EVENT A PUBLIC OR PRIVATE ENTITY DEFAULTS ON ITS OBLIGATIONS 51 UNDER A TRANSPORTATION INFRASTRUCTURE AGREEMENT ENTERED INTO PURSUANT TO 52 SUBDIVISION TWO OF THIS SECTION, THE AUTHORITY WITH BOARD APPROVAL IS 53 HEREBY AUTHORIZED BUT NOT REQUIRED TO ACQUIRE ALL OR ANY PORTION OF ANY 54 TRANSPORTATION INFRASTRUCTURE CONSTRUCTED OR UNDER CONSTRUCTION OR 55 DEVELOPMENT BY OR IN CONJUNCTION WITH SUCH PUBLIC OR PRIVATE ENTITY, 56 WITH ANY DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT S. 740 17 1 BEING AN OFFSET TO THE COMPENSATION PROVIDED FOR THE ACQUISITION OF THE 2 TRANSPORTATION INFRASTRUCTURE. THE AUTHORITY MAY ALSO TERMINATE THE 3 TRANSPORTATION INFRASTRUCTURE AGREEMENT AND EXERCISE ANY OTHER RIGHTS OR 4 REMEDIES WHICH MAY BE AVAILABLE TO IT AT LAW OR IN EQUITY. IN THE EVENT 5 OF SUCH ACQUISITION AND NOTWITHSTANDING ANY PROVISION OF LAW TO THE 6 CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED, BUT NOT REQUIRED, TO OPER- 7 ATE AND MAINTAIN THE TRANSPORTATION INFRASTRUCTURE, INCLUDING THE IMPO- 8 SITION AND COLLECTION OF APPLICABLE USER FEES. 9 10. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE AUTHOR- 10 ITY, THROUGH TRANSPORTATION INFRASTRUCTURE AGREEMENTS MAY: 11 (A) TAKE ANY ACTION TO OBTAIN FEDERAL, STATE OR LOCAL ASSISTANCE FOR A 12 TRANSPORTATION INFRASTRUCTURE PROJECT THAT SERVES THE PUBLIC PURPOSE OF 13 THIS CHAPTER AND MAY ENTER INTO ANY CONTRACTS REQUIRED TO RECEIVE SUCH 14 FEDERAL ASSISTANCE. THE AUTHORITY MAY USE SUCH ASSISTANCE FOR THE IMPLE- 15 MENTATION OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENTS ENTERED INTO 16 PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND 17 (B) AGREE TO MAKE GRANTS OR LOANS OR OTHER FORMS OF ASSISTANCE FOR THE 18 DEVELOPMENT AND/OR OPERATION OF THE TRANSPORTATION INFRASTRUCTURE 19 PROJECT FROM TIME TO TIME FROM AMOUNTS RECEIVED FROM THE FEDERAL, STATE, 20 OR LOCAL GOVERNMENT, OR ANY AGENCY OR INSTRUMENTALITY THEREOF. 21 11. NOTHING IN THIS SECTION OR IN A TRANSPORTATION INFRASTRUCTURE 22 AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION SHALL BE DEEMED TO 23 ENLARGE, DIMINISH OR AFFECT THE AUTHORITY, IF ANY, OTHERWISE POSSESSED 24 BY THE AUTHORITY TO TAKE ACTION THAT WOULD IMPACT THE DEBT CAPACITY OF 25 THE STATE OR ANY OTHER PUBLIC ENTITY. 26 12. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY: 27 (A) THE PRIVATE ENTITY SHALL HAVE ALL POWER ALLOWED BY LAW GENERALLY 28 TO A PRIVATE ENTITY HAVING THE SAME FORM OF ORGANIZATION AS THE PRIVATE 29 ENTITY AND SHALL HAVE THE POWER TO DEVELOP AND/OR OPERATE THE TRANSPOR- 30 TATION INFRASTRUCTURE AND IMPOSE USER FEES PURSUANT TO A TRANSPORTATION 31 INFRASTRUCTURE AGREEMENT CONSISTENT WITH PARAGRAPH (F) OF SUBDIVISION 32 TWO OF THIS SECTION AND/OR ENTER INTO SERVICE CONTRACTS OR OTHER AGREE- 33 MENTS IN CONNECTION WITH THE USE THEREOF. 34 (B) THE PRIVATE ENTITY MAY LEASE OR ACQUIRE ANY OTHER RIGHT TO USE OR 35 DEVELOP AND/OR OPERATE THE TRANSPORTATION INFRASTRUCTURE CONSISTENT WITH 36 PARAGRAPH (C) OF SUBDIVISION SIX OF THIS SECTION; AND 37 (C) IN OPERATING THE TRANSPORTATION INFRASTRUCTURE, THE PRIVATE ENTITY 38 MAY PURSUANT TO A TRANSPORTATION INFRASTRUCTURE AGREEMENT MAKE CLASSI- 39 FICATIONS ACCORDING TO REASONABLE CATEGORIES FOR ASSESSMENT OF USER FEES 40 PROVIDED SUCH PRIVATE ENTITY GETS NECESSARY APPROVAL IN ACCORDANCE WITH 41 THE TERMS OF THE TRANSPORTATION INFRASTRUCTURE AGREEMENT. 42 13. ANY REQUEST FOR PROPOSAL OR AGREEMENT ENTERED PURSUANT TO THIS 43 SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND RIGHTS 44 IN INTELLECTUAL PROPERTY AND TRADE SECRETS AND INFORMATION OTHERWISE 45 PROTECTED BY STATE OR FEDERAL LAW. 46 14. IF ANY CLAUSE OR PROVISION OF THIS SECTION SHALL BE DETERMINED TO 47 BE UNCONSTITUTIONAL OR BE INEFFECTIVE IN WHOLE OR IN PART, TO THE EXTENT 48 THAT IT IS NOT UNCONSTITUTIONAL OR INEFFECTIVE, IT SHALL BE VALID AND 49 EFFECTIVE AND NO OTHER CLAUSE OR PROVISION SHALL, ON ACCOUNT THEREOF, BE 50 DEEMED INVALID OR INEFFECTIVE. 51 S 6. This act shall take effect immediately.