§ 88. Authorization for alternate correctional facilities. 1. As
hereinafter provided in this article, the department is authorized and
empowered to establish, operate and maintain under its jurisdiction no
more than two alternate correctional facilities.

2. In carrying out the purposes of this article, the department may
acquire land for and construct the alternate correctional facilities
authorized pursuant to this section.

3. Any acquisition of land for or construction of an alternate
correctional facility shall be governed by section twenty-one of this
chapter, section one hundred twenty-seven of the state finance law and
any other provisions of law applicable to the acquisition of land for
and construction of state correctional facilities. The department, if it
elects, shall be the lead agency for all purposes under article eight of
the environmental conservation law with respect to alternate
correctional facilities.

4. For each alternate correctional facility, the commissioner is
hereby authorized and empowered to enter into a construction agreement,
an operation agreement, and any other agreements or leases with the city
of New York which are deemed by the commissioner to be necessary or
convenient for the establishment, operation and maintenance of an
alternate correctional facility. An operation agreement shall govern the
operation of an alternate correctional facility for up to ten years
after the commencement of housing of eligible incarcerated individuals
at such facility. The commissioner shall not operate an alternate
correctional facility except pursuant to an executed operation
agreement.

5. All agreements entered into by the commissioner and the city of New
York pursuant to this section shall be approved by the director of the
budget and filed with the chairman of the senate finance committee, the
chairman of the assembly ways and means committee, the chairman of the
senate crime and corrections committee and the chairman of the assembly
committee on correction.