LBD15174-03-4
S. 9287 2
§ 2. The state finance law is amended by adding a new article 9-A to
read as follows:
ARTICLE 9-A
COMPREHENSIVE DELIVERY
SECTION 149. DEFINITIONS.
149-A. ENABLING AUTHORITY.
149-B. PROCUREMENT.
149-C. PROJECT FUNDING.
149-D. LABOR AND PUBLIC INTEREST PROTECTIONS.
149-E. COMPREHENSIVE AGREEMENTS.
149-F. CONSTRUCTION.
149-G. SEVERABILITY.
§ 149. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AUTHORIZED PROJECT" MEANS INFRASTRUCTURE DELIVERED UNDER AN INTER-
IM AGREEMENT AND/OR COMPREHENSIVE AGREEMENT BETWEEN A PUBLIC ENTITY AND
A DEVELOPMENT ENTITY CONSOLIDATING AT LEAST TWO OR MORE OF DESIGN,
CONSTRUCTION, FINANCE, OPERATIONS AND/OR MAINTENANCE WORK, INCLUDING
CONSTRUCTION MANAGER OR CONSTRUCTION MANAGER AT RISK UNDER THIS ARTICLE;
2. "COMPREHENSIVE AGREEMENT" MEANS AN AGREEMENT BETWEEN A DEVELOPMENT
ENTITY AND A PUBLIC ENTITY FOR THE DELIVERY OF AN AUTHORIZED PROJECT,
INCLUDING AT LEAST THOSE REQUIRED PROVISIONS UNDER THIS ARTICLE;
3. "INFRASTRUCTURE" MEANS PHYSICAL STRUCTURES, IMPROVEMENTS, EQUIPMENT
AND/OR FACILITIES, INCLUDING ANY DIGITAL INFRASTRUCTURE, WHICH SUPPORT A
PUBLIC PURPOSE OR OBJECTIVE OF A PUBLIC ENTITY;
4. "INTERIM AGREEMENT" MEANS THE INTERIM AGREEMENT, INCLUDING A PRE-
DEVELOPMENT AGREEMENT OR MEMORANDUM OF UNDERSTANDING OR OTHER BINDING
PRELIMINARY AGREEMENT, THAT MAY BE ENTERED INTO BETWEEN THE DEVELOPMENT
ENTITY AND THE PUBLIC ENTITY PURSUANT TO THIS ARTICLE;
5. "DEVELOPMENT ENTITY" MEANS ANY NATURAL PERSON, CORPORATION, PART-
NERSHIP, LIMITED LIABILITY COMPANY INCLUDING A SPECIAL PURPOSE VEHICLE,
JOINT VENTURE, NOT-FOR-PROFIT CORPORATION OR OTHER BUSINESS ENTITY;
6. "PUBLIC ENTITY" MEANS THE STATE AND ANY AGENCY, DEPARTMENT OR
AUTHORITY THEREOF, ANY COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT
AND ANY OTHER POLITICAL SUBDIVISION, INSTITUTION OF HIGHER EDUCATION,
AGENCY, CORPORATION, INSTRUMENTALITY OR AUTHORITY OF, OR ESTABLISHED BY,
ANY OF THE FOREGOING; AND
7. "REVENUES" MEANS ALL REVENUES, INCLUDING, BUT NOT LIMITED TO,
INCOME, EARNINGS, INTEREST PAYMENTS, USER FEES, LEASE PAYMENTS, ALLO-
CATIONS, FEDERAL, STATE, REGIONAL AND LOCAL APPROPRIATIONS OR THE APPRO-
PRIATIONS OR OTHER FUNDS AVAILABLE TO ANY PUBLIC ENTITY, BOND PROCEEDS,
EQUITY INVESTMENTS AND/OR SERVICE PAYMENTS ARISING OUT OF OR IN
CONNECTION WITH SUPPORTING THE DEVELOPMENT AND/OR OPERATION OF A AUTHOR-
IZED PROJECT, INCLUDING WITHOUT LIMITATION, MONEY RECEIVED AS GRANTS OR
OTHERWISE FROM THE UNITED STATES OF AMERICA, FROM ANY PUBLIC ENTITY, OR
FROM ANY AGENCY OR INSTRUMENTALITY OF THE FOREGOING IN AID OF SUCH
FACILITY.
§ 149-A. ENABLING AUTHORITY. SUBJECT TO SUBDIVISION FOUR OF THIS
SECTION, WHERE IT IS DETERMINED BY A PUBLIC ENTITY TO BE IN THE PUBLIC
INTEREST TO PURSUE AN AUTHORIZED PROJECT, NOTWITHSTANDING ANY LAW, RULE,
OR REGULATION TO THE CONTRARY AND IN LIEU OF ANY OTHER PROCUREMENT OR
ACQUISITION PROCESS THAT MAY APPLY TO AN AUTHORIZED PROJECT, SUCH PUBLIC
ENTITY IS AUTHORIZED TO:
1. ESTABLISH NECESSARY AND APPROPRIATE PROCUREMENT AND DELIVERY INTER-
NAL CONTROL POLICIES, PROCEDURES, OR GUIDELINES TO EFFICIENTLY DELIVER
AN AUTHORIZED PROJECT. SUCH POLICIES, PROCEDURES OR GUIDELINES MUST ALSO
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ENSURE OPEN, COMPETITIVE, TRANSPARENT AND ROBUST SELECTION BASIS OF ANY
DEVELOPMENT ENTITY FOR AN AUTHORIZED PROJECT;
2. ENTER INTO INTERIM AGREEMENTS, COMPREHENSIVE AGREEMENTS OR ANY
OTHER DOCUMENT OR INSTRUMENT THAT MAY BE NECESSARY OR CONVENIENT TO
DELIVER AN AUTHORIZED PROJECT PURSUANT TO THIS ARTICLE;
3. DEDICATE, MAKE AVAILABLE, OR CONVEY ANY REAL, PERSONAL, TANGIBLE,
INTANGIBLE AND PROPERTY INTEREST THAT IT HAS TO A DEVELOPMENT ENTITY FOR
AN AUTHORIZED PROJECT;
4. EXERCISE GOVERNMENTAL AUTHORITIES OR POWERS TO SUPPORT THE DELIVERY
OF AN AUTHORIZED PROJECT; AND
5. ENABLE A DEVELOPMENT ENTITY TO PERFORM UNDER THE TERMS OF A COMPRE-
HENSIVE AGREEMENT, AND SUBJECT TO THE LIMITATIONS UNDER THIS ARTICLE,
FUNCTIONS NORMALLY UNDERTAKEN BY THE GOVERNMENT.
§ 149-B. PROCUREMENT. 1. THE PUBLIC ENTITY MAY HOLD ONE-ON-ONE COLLA-
BORATIVE DIALOGUE MEETINGS WITH DEVELOPMENT ENTITIES DURING A PROCURE-
MENT FOR AN AUTHORIZED PROJECT TO NEGOTIATE INDIVIDUALLY WITH EACH
DEVELOPMENT ENTITY THE TERMS OF AN INTERIM AND COMPREHENSIVE AGREEMENT.
2. ANY MATERIALS OR DATA SUBMITTED TO, MADE AVAILABLE TO, OR RECEIVED
BY THE PUBLIC ENTITY, MAY BE HELD CONFIDENTIAL AND NOT PUBLIC RECORD
UNTIL SUCH TIME AS A PREFERRED PROPOSER IS AWARDED OR THE PROCUREMENT IS
TERMINATED.
3. THE PUBLIC ENTITY MAY RECEIVE, CONSIDER, EVALUATE AND ACCEPT AN
UNSOLICITED PROPOSAL FOR AN AUTHORIZED PROJECT IF THE PROPOSAL ADDRESSES
THE NEEDS OF A PUBLIC ENTITY AND SUCH PUBLIC ENTITY HAS PUBLISHED A
POLICY OR PROCUREMENT REGULATION FOR UNSOLICITED PROPOSALS.
4. THE PUBLIC ENTITY IS AUTHORIZED TO PAY, IN EXCHANGE FOR RECEIPT OF
INTELLECTUAL PROPERTY FROM A PROPOSER, A STIPEND TO AN UNSUCCESSFUL
PROPOSER OR A PROPOSER IN A CANCELLED PROCUREMENT FOR AN AUTHORIZED
PROJECT, IN AN AMOUNT AND THE TERMS DETERMINED APPROPRIATE BY THE PUBLIC
ENTITY.
5. THE PUBLIC ENTITY MAY RETAIN, BY MEANS OF COMPETITIVE NEGOTIATION
CONSULTANTS AND EXPERTS INSIDE AND OUTSIDE THE PUBLIC SECTOR TO ASSIST
IN THE PROCUREMENT, EVALUATION, CONTRACTING, MANAGING AND NEGOTIATION OF
AUTHORIZED PROJECTS UNDER THIS ARTICLE.
6. THE PUBLIC ENTITY MAY SELECT A PREFERRED PROPOSER TO SERVE AS THE
DEVELOPMENT ENTITY FOR AN APPROVED PROJECT THROUGH A SINGLE OR MULTI-
STEP PROCUREMENT PROCESS ON A BEST VALUE BASIS.
7. FOR ALL INFRASTRUCTURE PROJECTS IN EXCESS OF TWO HUNDRED MILLION
DOLLARS (AS ADJUSTED BY THE CONSUMER PRICE INDEX ANNUALLY), ALL PUBLIC
ENTITIES MUST CONDUCT AN ASSESSMENT, WHICH MAY BE A VALUE FOR MONEY
ASSESSMENT OR EQUIVALENT, THAT QUANTITATIVELY AND QUALITATIVELY ASSESSES
THE MOST APPROPRIATE DELIVERY MODEL FOR SUCH INFRASTRUCTURE PROJECT
COMPARING THE COST, PRICE, SCHEDULE, QUALITY, LONG-TERM OPERATIONS AND
MAINTENANCE COSTS, FUTURE REVENUE STREAMS TO FUND SUCH INFRASTRUCTURE,
AND RELATIVE BENEFITS AND CHALLENGES OF DESIGN-BID-BUILD PROCUREMENT
METHODS TO THOSE AUTHORIZED BY THIS SECTION.
§ 149-C. PROJECT FUNDING. 1. ANY LAWFUL SOURCE OF FUNDING, REVENUE AND
FINANCING MAY BE UTILIZED BY A PUBLIC ENTITY AND DEVELOPMENT ENTITY FOR
THE DEVELOPMENT, MAINTENANCE AND OPERATIONS OF AN AUTHORIZED PROJECT AND
A PUBLIC ENTITY IS AUTHORIZED TO PAY A DEVELOPMENT ENTITY A PAYMENT FOR
THE AVAILABILITY OF AN AUTHORIZED PROJECT, WHERE SUCH AVAILABILITY
PAYMENT IS PERFORMANCE BASED AND DECREASES WHERE A DEVELOPMENT ENTITY
FAILS TO PERFORM IN ACCORDANCE WITH A COMPREHENSIVE AGREEMENT. ANY
PUBLIC ENTITY MAY AUTHORIZE A DEVELOPMENT ENTITY TO PERFORM ANY ONE OR
MORE OF THE FOLLOWING: SETTING RATES, COLLECTING REVENUES, ENFORCING
COLLECTION, OR RETAINING REVENUES FROM THIRD PARTIES AND THE GENERAL
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PUBLIC FOR THE USE OF AN AUTHORIZED PROJECT, ALL OF WHICH WILL BE
SUBJECT TO LIMITATIONS, CONSTRAINTS AND PARAMETERS ESTABLISHED BY THE
PUBLIC ENTITY IN A COMPREHENSIVE AGREEMENT. THE COMPREHENSIVE AGREEMENT
WILL PRESCRIBE THE EXTENT TO WHICH ANY SUCH RATES ARE SUBJECT TO THE
PUBLIC ENTITY'S OVERSIGHT AND APPROVAL. A PUBLIC ENTITY MAY COMPENSATE A
DEVELOPMENT ENTITY UNDER AN INTERIM AGREEMENT FOR WORK PERFORMED AND
WORK PRODUCT PRODUCED.
2. THE PUBLIC ENTITY MAY ACCEPT FROM ANY SOURCE ANY GRANT, DONATION,
GIFT, OR OTHER FORM OF CONVEYANCE OF LAND, MONEY, OTHER REAL OR PERSONAL
PROPERTY OR OTHER VALUABLE THING MADE TO THE PUBLIC ENTITY FOR CARRYING
OUT THE PURPOSES OF THIS ARTICLE AND MAY TRANSFER SUCH PROPERTY TO A
DEVELOPMENT ENTITY UNDER A COMPREHENSIVE AGREEMENT.
3. ANY COMPREHENSIVE AGREEMENT MAY BE FOR A TERM DEEMED REASONABLY
APPROPRIATE BY A PUBLIC ENTITY TO ACHIEVE THE PURPOSE OF THIS ARTICLE.
§ 149-D. LABOR AND PUBLIC INTEREST PROTECTIONS. THE INTENT OF THIS
ARTICLE IS TO ENHANCE OPPORTUNITIES AND IMPROVE WAGES FOR NEW YORK STATE
PUBLIC AND PRIVATE SECTOR LABOR PARTICIPANTS.
1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL RIGHTS OR
BENEFITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION
OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EMPLOYEES OF
EXISTING STATE AGENCIES AND PUBLIC AUTHORITIES AFFECTED BY THE
PROVISIONS OF THIS ARTICLE, SHALL BE PRESERVED AND PROTECTED. NOTHING IN
THIS ARTICLE SHALL RESULT IN: THE DISPLACEMENT OF ANY CURRENTLY EMPLOYED
PUBLIC EMPLOYEE OR LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH
AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK, WAGES OR EMPLOYMENT
BENEFITS, ON AN EXISTING ASSET OR RESULT IN THE IMPAIRMENT OF EXISTING
COLLECTIVE BARGAINING AGREEMENTS WITH RESPECT TO EXISTING ASSETS; OR THE
TRANSFER OF EXISTING DUTIES AND FUNCTIONS CURRENTLY PERFORMED BY EMPLOY-
EES OF EXISTING STATE AGENCIES OR PUBLIC AUTHORITIES, IN EACH CASE, ON
EXISTING ASSETS, AFFECTED BY THE PROVISIONS OF THIS ARTICLE TO A DEVEL-
OPMENT ENTITY. EMPLOYEES SERVING IN POSITIONS IN NEWLY CREATED TITLES
SHALL BE ASSIGNED TO THE APPROPRIATE BARGAINING UNIT. NOTHING IN THIS
ARTICLE SHALL BE CONSTRUED TO AFFECT:
(A) THE EXISTING RIGHTS OF EMPLOYEES PURSUANT TO AN EXISTING COLLEC-
TIVE BARGAINING AGREEMENT; OR
(B) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGAN-
IZATIONS OR THE BARGAINING RELATIONSHIPS BETWEEN THE EMPLOYER AND AN
EMPLOYEE ORGANIZATION.
2. EVERY DEVELOPMENT ENTITY WHICH ENTERS INTO AN INTERIM AGREEMENT OR
COMPREHENSIVE AGREEMENT PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO THE
LABOR LAW REQUIREMENTS AND MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE
REQUIREMENTS FOR DESIGN AND CONSTRUCTION PROVIDED UNDER THE NEW YORK
STATE INFRASTRUCTURE INVESTMENT ACT, AS AMENDED, FOR AUTHORIZED PROJECTS
OUTSIDE OF NEW YORK CITY AND THE NEW YORK CITY PUBLIC WORKS INVESTMENT
ACT, AS AMENDED, FOR AUTHORIZED PROJECTS PROCURED BY THE CITY OF NEW
YORK AS WELL AS THE FOLLOWING:
(A) THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
LAW;
(B) THE PROVISIONS OF ALL STATE AND FEDERAL LAWS PROHIBITING DISCRIMI-
NATION AND REQUIRING THE PROVISION OF EQUAL EMPLOYMENT OPPORTUNITY;
(C) THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW POST-A-
WARD OF AN AUTHORIZED PROJECT; AND
(D) ANY OTHER CONSISTENT LOCAL AND STATE LAW AND ANY APPLICABLE FEDER-
AL LAW, RULES AND REGULATIONS WHICH ARE OTHERWISE REQUIRED BY LAW IN
CONNECTION WITH THE PERFORMANCE OF PUBLIC WORK AND THE WORK TO WHICH THE
AUTHORIZED PROJECT RELATES.
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§ 149-E. COMPREHENSIVE AGREEMENTS. 1. A COMPREHENSIVE AGREEMENT UNDER
THIS SECTION MAY PROVIDE, INCLUDING BUT NOT LIMITED TO:
(A) PLANNING, ACQUISITION, FINANCING, DEVELOPMENT, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REPLACEMENT, FINANCING, IMPROVEMENT, MAIN-
TENANCE, LIFE-CYCLE WORK, MANAGEMENT, REPAIR, LEASING AND/OR OPERATION
OF QUALIFYING PUBLIC INFRASTRUCTURE;
(B) PAYMENT OF LONG-TERM PERFORMANCE-BASED PAYMENTS AND/OR
CONSTRUCTION MILESTONE PAYMENTS;
(C) REQUIREMENTS REGARDING SETTING, COLLECTING, RETAINING, SHARING AND
ENFORCING USER FEES OR RENTS;
(D) TERMS AND CONDITIONS OF INDEMNIFICATION OF THE DEVELOPMENT ENTITY
BY THE PUBLIC ENTITY;
(E) A LEASE, LICENSE, OR CONVEYANCE OF A REAL, PERSONAL OR INTANGIBLE
PROPERTY INTERESTS;
(F) APPROPRIATELY SIZING ANY PERFORMANCE AND PAYMENT BONDS RELATIVE TO
THE OVERALL SECURITY PACKAGE FOR THE APPROVED PROJECT;
(G) THE PROVISION OF INSURANCE POLICIES EITHER THROUGH THE DEVELOPMENT
ENTITY AND/OR THE PUBLIC ENTITY;
(H) A SECURITY INTEREST BY THE LENDERS IN THE COMPREHENSIVE AGREEMENT
AND THE RIGHT OF THE DEVELOPMENT ENTITY TO PLEDGE ITS INTERESTS AND
REVENUES UNDER THE COMPREHENSIVE AGREEMENT FOR THE BENEFIT OF ITS LEND-
ERS;
(I) STEP-IN RIGHTS FOR THE PUBLIC ENTITY UPON A DEFAULT OF THE DEVEL-
OPMENT ENTITY;
(J) ENFORCEMENT AND OTHER POLICING ISSUES, INCLUDING ANY REIMBURSEMENT
BY THE DEVELOPMENT ENTITY FOR SUCH SERVICES;
(K) PROVISIONS ALLOWING THE DEVELOPMENT ENTITY OR THE PUBLIC ENTITY TO
ACT ON EACH OTHER'S BEHALF IN ACQUIRING PARCELS, INCLUDING THROUGH
CONDEMNATION, REQUIRED FOR THE APPROVED PROJECT; AND
(L) ANY OTHER PROVISION DEEMED REASONABLY NECESSARY TO SERVE THE
PUBLIC PURPOSE UNDER THIS ARTICLE.
2. A COMPREHENSIVE AGREEMENT UNDER THIS SECTION SHALL PROVIDE FOR:
(A) APPROPRIATE AND BALANCED RISK ALLOCATION TO MAXIMIZE BEST VALUE
FOR THE APPROVED PROJECT;
(B) A SPECIFIC PLAN, WHERE APPLICABLE, TO ENSURE PROPER MAINTENANCE OF
THE QUALIFYING PUBLIC INFRASTRUCTURE THROUGHOUT THE TERM OF THE COMPRE-
HENSIVE AGREEMENT AND A RETURN OF THE INFRASTRUCTURE TO THE RESPONSIBLE
PUBLIC ENTITY, IF APPLICABLE, IN A SPECIFIED CONDITION IN THE COMPREHEN-
SIVE AGREEMENT;
(C) COMPLIANCE WITH APPLICABLE LAW AND THIS ARTICLE;
(D) GROUNDS FOR DEFAULT AND TERMINATION AND AUTHORIZATION OF PAYMENT
OF TERMINATION COMPENSATION;
(E) A DATE FOR COMPLETION OF THE APPLICABLE WORK REQUIRED TO DELIVER
THE AUTHORIZED PROJECT; AND
(F) REVIEW AND APPROVAL BY THE PUBLIC ENTITY OF THE DEVELOPMENT ENTI-
TY'S PLANS AND PERFORMANCE OF THE DEVELOPMENT AND MAINTENANCE OF THE
AUTHORIZED PROJECT.
3. THE COMPREHENSIVE AGREEMENT MAY PROVIDE FOR THE DEVELOPMENT AND/OR
OPERATION OF PHASES OR SEGMENTS OR MULTIPLE BUNDLED PROJECTS UNDER A
SINGLE COMPREHENSIVE AGREEMENT.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE RESPONSIBLE PUBLIC
ENTITY MAY AGREE TO OR REQUIRE USE OF ARBITRATION OR OTHER ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES TO RESOLVE DISPUTES WITH THE DEVELOPMENT
ENTITY.
5. DEVELOPMENT ENTITIES SHALL NOT BE SUBJECT TO ARTICLE ONE HUNDRED
FORTY-FIVE OF THE EDUCATION LAW, PROVIDED, HOWEVER ALL PROFESSIONAL
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SERVICES RENDERED BY A DEVELOPMENT ENTITY MUST BE PERFORMED BY LICENSED
PERSONS AS REQUIRED UNDER ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCA-
TION LAW.
6. WHILE PUBLIC FUNDING CAN BE USED TO SUPPORT PAYMENTS UNDER A
COMPREHENSIVE AGREEMENT, THE FULL FAITH AND CREDIT OF THE PUBLIC ENTITY
SHALL NOT BE PLEDGED TO SECURE ANY FINANCING OF THE DEVELOPMENT ENTITY
BY THE ELECTION TO TAKE OVER THE QUALIFYING PUBLIC INFRASTRUCTURE AND
SUCH AVAILABILITY OR SERVICE PAYMENTS SHALL NOT BE TREATED AS DEBT OF
ANY PUBLIC ENTITY AND NO FINANCING OF A DEVELOPMENT ENTITY WILL BE
CONSIDERED DEBT OF ANY PUBLIC ENTITY AND MUST BE NON-RECOURSE TO A
PUBLIC ENTITY.
7. IN THE EVENT OF TERMINATION OF A COMPREHENSIVE OR INTERIM AGREE-
MENT, THE AUTHORITY AND DUTIES OF THE DEVELOPMENT ENTITY SHALL CEASE,
EXCEPT FOR ANY DUTIES AND OBLIGATIONS THAT EXTEND BEYOND THE TERMINATION
AS PROVIDED IN THE COMPREHENSIVE OR INTERIM AGREEMENT, AND THE QUALIFY-
ING PUBLIC INFRASTRUCTURE REVERTS TO THE PUBLIC ENTITY AND SHALL BE
DEDICATED TO THE PUBLIC ENTITY FOR PUBLIC USE.
§ 149-F. CONSTRUCTION. THE PROVISIONS OF THIS ARTICLE WHICH ARE INCON-
SISTENT WITH ANY OTHER PROVISION OF STATE LAW SHALL BE DEEMED TO SUPER-
SEDE SUCH PROVISION OF LAW, AND THE PROVISIONS OF THIS ARTICLE SHALL BE
CONTROLLING.
§ 149-G. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
DICTION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL
REVIEW, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAIN-
DER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE,
SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE DIRECTLY INVOLVED
IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
§ 3. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding a new undesignated paragraph to
read as follows:
ANY DEVELOPMENT ENTITY FOR THE PURPOSES OF DEVELOPMENT OR OPERATION OF
AN APPROVED PROJECT PURSUANT TO ARTICLE NINE-A OF THE STATE FINANCE LAW.
§ 4. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
ANY DEVELOPMENT ENTITY FOR THE PURPOSES OF DEVELOPMENT OR OPERATION OF
AN APPROVED PROJECT PURSUANT TO ARTICLE NINE-A OF THE STATE FINANCE LAW.
§ 5. The opening paragraph of section 10.00 of the local finance law
is designated subdivision 1 and a new subdivision 2 is added to read as
follows:
2. A MUNICIPALITY, SCHOOL DISTRICT OR DISTRICT CORPORATION SHALL HAVE
THE POWER TO CONTRACT INDEBTEDNESS FOR THE PURPOSES OF IMPLEMENTING THE
PROVISIONS OF ARTICLE NINE-A OF THE STATE FINANCE LAW.
§ 6. This act shall take effect immediately.