§ 1680-c. Creation of the court facilities capital review board. 1.
There is hereby created a court facilities capital review board. The
voting membership of the board shall consist of four persons appointed
by the governor, of which one shall be upon the recommendation of the
temporary president of the senate, one upon the recommendation of the
speaker of the assembly, and one upon the recommendation of the chief
judge of the court of appeals. The members of the board shall vote among
themselves to determine who shall serve as chairman. Any determination
of the board shall be evidenced by a certificate thereof executed by all
the members entitled to vote on the matter so certified. Each member of
the board shall be entitled to designate a representative to attend
meetings of the board in his place and to vote or otherwise act on his
behalf in his absence. Notice of such designation shall be furnished in
writing to the board by the designating member. A representative shall
serve at the pleasure of the designating member during the member's term
of office. A representative shall not be authorized to delegate any of
his duties or functions to any other person.

2. The governor shall also appoint two nonvoting members to the court
facilities capital review board of which one shall be upon the
recommendation of the minority leader of the senate and one upon the
recommendation of the minority leader of the assembly. Each nonvoting
member shall be entitled to designate a representative to attend
meetings of the board in his place.

3. The chief executive officer of each participating municipality
shall submit the capital plan pursuant to section two hundred nineteen
of the judiciary law to the chief administrator of the courts. On or
before January first, April first, July first, and October first of each
year commencing with the year nineteen hundred eighty-eight, the chief
administrator of the courts shall submit to the court facilities capital
review board the capital plan of each political subdivision that has
submitted such a plan pursuant to section two hundred nineteen of the
judiciary law, together with the appropriate facility design and
performance plan, if any, prepared by the dormitory authority pursuant
to paragraph (c) of subdivision thirteen of section sixteen hundred
seventy-eight of this chapter.

The court facilities capital review board shall act on each capital
plan within sixty days of the submission of such plan to the board. As
part of its consideration of each capital plan, the board shall review
and approve overall plans and cost estimates for the design,
acquisition, construction, reconstruction, rehabilitation, improvement,
furnishing or equipping of facilities of the courts and court-related
agencies of the unified court system. Before approving any such plans or
cost estimates, the court facilities capital review board must be
satisfied that the facilities to which they relate are suitable and
sufficient for the transaction of the business of the unified court
system. Approval of each political subdivision's capital plan shall be
by unanimous vote of the voting membership of the board. In the event
that the chief administrator of the courts and the chief executive
officer of the political subdivision submitting a capital plan agree on
the plan, the capital plan may be disapproved only by an affirmative
vote of at least two voting members of the board. If the board does not
act on a capital plan within sixty days of the submission of such plan
to the board, the capital plan shall be approved or disapproved by the
chief administrator of the courts.

The court facilities capital review board shall consider, in approving
or disapproving a capital plan for each political subdivision, the legal
obligation of the political subdivision under section thirty-nine of the
judiciary law to provide goods, services and facilities suitable and
sufficient for the transaction of the business of the unified court
system, and such political subdivision's fiscal capacity, including but
not limited to total taxes raised, total income generated, existing
municipal debt and overall capital needs.

4. Nothing contained in this section shall be construed to limit or
diminish the authority of the chief administrator of the courts pursuant
to subdivision three of section thirty-nine and section thirty-nine-a of
the judiciary law to determine whether a political subdivision has
ceased or failed to provide goods, services or facilities suitable and
sufficient for the transaction of business, and to notify the state
comptroller of such determination.