NY State Senate Bill 2023-S9287

Senate Bill S9287

2023-2024 Legislative Session

Relates to comprehensive delivery of infrastructure delivered between a public entity and a development entity

download bill text pdf

Current Bill Status - In Senate Committee Procurement And Contracts Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2024	referred to procurement and contracts

2023-S9287 (ACTIVE) - Details

See Assembly Version of this Bill:: A10305
Current Committee:: Senate Procurement And Contracts
Law Section:: State Finance Law
Laws Affected:: Add Art 9-A §§149 - 149-g, St Fin L; amd §§1676 & 1680, Pub Auth L; amd §10.00, Loc Fin L

2023-S9287 (ACTIVE) - Summary

Relates to comprehensive delivery of infrastructure delivered 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; authorizes a public entity to pursue certain authorized projects; provides for project funding and authorizes the public entity to accept from any source any grant, donation, gift or other form of conveyance of land, money; provides for labor and public interest protections

2023-S9287 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9287

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the state finance law, in relation to comprehensive
delivery; to amend the public authorities law, in relation to any devel-
opment entity for the purposes of development or operation of an
approved project for the purposes of comprehensive delivery; and to
amend the local finance law, in relation to a municipality, school
district or district corporation having the power to contract indebt-
edness for the purposes of implementing the provisions of article nine-A
of the state finance law

 
PURPOSE:

By authorizing a new comprehensive delivery model for certain public
works projects, New York can meet and exceed its peer states by expand-
ing authority beyond procurement methodology authorized in the 1920s,
and afford the state, public authorities, and political subdivisions
additional flexibility, which is not intended to replace traditional
design-bid-build, but instead serve as an additional tool to efficiently
deliver public works projects for New Yorkers. This will include the

authorization of best value selection, enable comprehensive agreements;
unlock access to federal funding/financing, allow for revenue risk
transfer, and ensure labor protections.

 
SUMMARY:

Section 1. States the legislative intent.

Section 2. Adds a new Article 9-A to the State Finance Law to allow for
comprehensive delivery. Provisions include definitions, enabling author-
ity, project funding, labor & public interest protections, comprehensive
agreements, construction, and severability.

Section 3. Amends section 1676 of the Public Authorities Law to incorpo-
rate Article 9-A.

Section 4. Amends section 1680 of the Public Authorities Law to incorpo-
rate Article 9-A.

Section 5. Amends section 10.00 of the Local Finance Law to incorporate
Article 9-A.

Section 6. Establishes the effective date.

 
JUSTIFICATION:

There is a public need to accelerate delivery of energy and infrastruc-
ture improvements to address critical needs of the state and its poli-
tical subdivisions, including, but not limited to:  achieving the goals
of the CLCPA, creating modern housing, schools, and healthcare facili-
ties, and the replenishment and improvement of core transportation,
aviation, transit and vertical infrastructure.  This modern approach to
contracting for public works will generate and enhance pro-labor jobs
and attract new talent to New York, increase opportunities for small,
minority-owned, women-owned and service disabled veteran owned busi-
nesses, and bolster global investment and development in New York.
There are variations of the design-bid-build (DBB) approach as well as
many other project delivery methods such as design-build and
construction management at risk, as well as comprehensive delivery,
which incorporate a design-build-finance-operate-maintain (DBFOM) model.
There is no one project delivery method that fits every project.

Traditionally, public entities have relied on the conventional DBB
project delivery method to get an asset built. The DBB approach requires
three sequential project phases: design, procurement and construction.
The architect designs the asset and might also perform environmental
investigations, obtain permits and host public hearings. Once completed,
a bid package is presented to interested contractors, who Submit bids
(schedule and cost) for the work. The owner usually selects the contrac-
tor based on low bid and technical merit. Once selected, the contractor
constructs the asset in accordance with the contract documents.

A DBFOM is a procurement model that is rapidly gaining attention as
governments across the U.S. are facing the challenge of doing more with
less, as they recognize the need to invest massively to repair and
expand our infrastructure systems. A DBFOM uses an integrated approach
to deliver infrastructure incorporating, design, construction, financ-
ing, operations and maintenance functions into the contract. A key value
of this model when delivering public infrastructure is the risk transfer
opportunity from the public sector to the private sector, as well as the
long-term maintenance and operations allowing for better taxpayer value.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9287 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9287
 
                             I N  S E N A T E
 
                                May 9, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the state finance  law,  in  relation  to  comprehensive
   delivery;  to  amend  the  public  authorities law, in relation to any
   development entity for the purposes of development or operation of  an
   approved  project  for  the purposes of comprehensive delivery; and to
   amend the local finance law, in relation  to  a  municipality,  school
   district  or district corporation having the power to contract indebt-
   edness for the purposes of  implementing  the  provisions  of  article
   nine-A of the state finance law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
 declares  that  there  is a public need to accelerate delivery of energy
 and infrastructure improvements to address critical needs of  the  state
 and  its political subdivisions, including: (i) achieving net zero emis-
 sions state-wide by 2050; (ii) rapid development  of  affordable  homes,
 educational  facilities  and  housing and access to high-speed broadband
 internet; (iii) replenishment and improvement  of  core  transportation,
 aviation,  transit  and  vertical  infrastructure;  (iv) clean water and
 efficient sewer systems and waste technologies; (v) climate change miti-
 gation and flood and grid  resiliency;  (vi)  generating  and  enhancing
 pro-labor  jobs  and attracting new talent to New York; (vii) bolstering
 global investment and development in New York; (viii) increasing  oppor-
 tunities  for  small,  minority-owned, women-owned and serviced disabled
 veteran owned businesses; (ix) fully unlocking and enabling  accelerated
 access  to  federal  funding for energy and infrastructure projects; and
 (x) addressing the deferred maintenance crisis across New York's infras-
 tructure. Authorizing a consolidated delivery approach that  allows  for
 one  or more of design, construction, finance, operations and/or mainte-
 nance under a single contract can, where appropriate, more  rapidly  and
 cost  effectively  result  in  the  achievement of each of the foregoing
 objectives and unlock access to federal capital requiring such statutory
 authorization.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            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
 S. 9287                             3
 
 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
 S. 9287                             4
 
 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.
 S. 9287                             5
 
   § 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
 S. 9287                             6
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.