Section 1680-A. Judicial facilities in certain counties

1. In order to
  effectuate the purposes of this title, the  following  provisions  shall
  apply  to  the  authority  and  any  county,  within  the tenth judicial
  district, that does not contain a city (a "county") in  connection  with
  the provision of judicial facilities;
    (a)(1)  Any  county  for  whose  use  judicial  facilities  are  to be
  designed,  constructed,  reconstructed,   rehabilitated,   improved   or
  otherwise  provided  may enter into a lease, sublease or other agreement
  for  the  provision  of  judicial  facilities  with  the  authority   in
  accordance  with  the  provisions  of  either  paragraph  b or c of this
  subdivision  and  otherwise  upon  such  terms  and  conditions  as  the
  authority  and  the  county shall determine to be reasonable, including,
  but not limited to, the reimbursement to the authority of all  costs  of
  such design, construction, reconstruction, rehabilitation or improvement
  and  claims  arising therefrom and provisions setting forth or providing
  for the calculation of  rental  and  other  payments  for  the  use  and
  occupancy  of  such judicial facilities, which payment shall be at least
  sufficient to pay the principal of and interest  on  the  bonds  of  the
  authority  issued  to  finance  the  cost  of  the design, construction,
  reconstruction,  rehabilitation,  or  improvement   of   such   judicial
  facilities  and  the  fees  and  expenses  of  the authority incurred in
  connection therewith.
    (2) Such lease, sublease or other agreement shall not be deemed to  be
  a contract for public work or purchase within the meaning of the general
  municipal law.
    (3)  Such lease, sublease or other agreement shall provide that if the
  authority undertakes to design,  construct,  reconstruct,  rehabilitate,
  improve,  furnish  or  equip  any  judicial facilities for a county, any
  contract   or   contracts   for   the   construction,    reconstruction,
  rehabilitation,  improvement  of  judicial  facilities  shall be awarded
  based upon the authority's evaluation  of  proposals  submitted  to  the
  authority  in  response  to  a  request  for proposals. Such request for
  proposals shall be prepared in accordance with standards to be developed
  by the authority designed to  assure  the  award  of  all  contracts  to
  contractors  evidencing  proven  experience  with projects of the scope,
  magnitude and complexity of the judicial facilities that are the subject
  of the contract and the ability  to  perform  all  work  required  in  a
  professional and timely manner. The procedures governing the request for
  proposals   shall   assure   that,   wherever  practicable,  responsible
  contractors, meeting the above  criteria,  located  or  regularly  doing
  business  in the county for whose benefit the judicial facilities are to
  be provided are given the opportunity to be considered. Any contract  or
  contracts for the purchase of furnishings and equipment shall be awarded
  to  the  lowest  responsible bidder in accordance with the provisions of
  section one hundred three of the general municipal law.
    (4) Any such lease, sublease or other agreement entered into  pursuant
  to  this  paragraph  (a)  may  provide that the provisions thereof shall
  remain in force and effect until the issue of bonds of the authority  to
  which it relates, together with interest thereon, interest on any unpaid
  installments of interest and the fees and expenses of the authority, are
  fully met and discharged, and any payments to be made by a county may be
  pledged by the authority to secure such bonds.
    (5)  A  county entering into such a lease, sublease or other agreement
  is hereby authorized to raise and appropriate  such  sums  as  shall  be
  necessary from time to time to make any payment pursuant thereto.
    (6)  Any  lease,  sublease  or  other  agreement  entered  into by the
  authority and a county may provide that at the termination  thereof  the

  title  to  the  judicial  facilities  shall vest in the county, free and
  clear of any indebtedness contracted by the authority.
    (b)  (1) A lease, sublease or other agreement entered into pursuant to
  this  paragraph  shall  be  executory  only  to  the  extent  of  moneys
  appropriated  and  available  therefor, be for the periods agreed by the
  parties thereto, but not exceeding thirty years.
    (2) The annual payment obligation pursuant to  a  lease,  sublease  or
  other  agreement  entered  into  pursuant to this paragraph shall not be
  deemed to be "indebtedness" for the purpose  of  determining  the  gross
  indebtedness of a county pursuant to the provisions of section 135.00 of
  the  local  finance  law  or  section  ten of article eight of the state
  constitution nor shall it be deemed an evidence of  indebtedness  within
  the meaning of section 20.00 of the local finance law.
    (c)  (1) A lease, sublease or other agreement entered into pursuant to
  this paragraph may be for the periods agreed by the parties thereto, but
  not exceeding thirty years which is hereby determined to be  the  period
  of  probable  usefulness  of  any  judicial  facilities authorized to be
  provided pursuant to this title, which term shall be computed  from  the
  date  of  the  first  indebtedness  contracted by the authority for such
  judicial facilities.
    (2) The portion of the annual payment  obligation  to  be  made  by  a
  county  to  the  authority  pursuant  to  any  lease,  sublease or other
  agreement  entered  into  pursuant  to  this  paragraph  to  enable  the
  authority  to  pay the principal of any indebtedness contracted by it to
  finance the cost of such judicial facilities shall commence  within  two
  years  after  any  such  indebtedness or portion thereof shall have been
  contracted and no such portion of the annual payment obligation shall be
  more than fifty per centum in excess of the smallest  prior  portion  of
  the annual payment for such purpose.
    (3)  The  county  shall pledge its faith and credit for the payment of
  the portion of the annual payment described in subparagraph two of  this
  paragraph and also for the payments required to be made to the authority
  to enable it to pay the interest on such indebtedness.
    (4)  The total amount of all unpaid annual payments in relation to the
  principal of any such indebtedness for which the county has pledged  its
  faith  and credit shall be deemed to be indebtedness of the county for a
  capital improvement within the meaning of subparagraph b of  subdivision
  three of paragraph a of section 135.00 of the local finance law.
    (5)  The portion of the annual payment by a county to the authority to
  enable the authority to pay the principal of any indebtedness contracted
  by it to finance the cost of such judicial facilities for which a county
  has pledged its faith and credit and the portion of the  annual  payment
  by  a county to the authority to enable the authority to pay interest on
  any indebtedness contracted by it to finance the cost of  such  judicial
  facilities  shall  be  deemed to be "indebtedness" and "interest" within
  the meaning of section ten of article eight of the state constitution.
    (d) (i) In the event that a county for whose use  judicial  facilities
  are  to  be or have been provided fails to make its required payment, in
  whole or in part, to the authority pursuant to any  lease,  sublease  or
  other  agreement,  the  authority shall certify to the state comptroller
  that such county has failed to make such payment. Such certificate shall
  set  forth  the  exact  amount  of  payment  required  to  satisfy   the
  obligations of such county and the date such payment was due.
    (ii)  The state comptroller, upon receipt of such certificate from the
  authority, shall withhold from the next succeeding payment  or  payments
  of  state  aid  or local assistance payable to such county for whose use
  judicial facilities are to be or have been provided, the amount  of  the

  deficiency   set   forth   in  such  certificate  and  shall  thereafter
  immediately pay over to the authority the amount so withheld.
    (iii)  The  provisions  of  this paragraph shall not apply in any case
  where either the payment of the principal of or interest on bonds issued
  by the authority for the purpose of financing the design,  construction,
  acquisition,  reconstruction,  rehabilitation  and  improvement, and the
  furnishing and equipping of judicial facilities  for  a  county  or  the
  payment of the obligations of any such county are secured by a policy of
  municipal  bond  insurance,  an  irrevocable  letter of credit, or other
  financial guarantee or credit enhancement provided by a bank,  insurance
  company  or  other  financial  institution. Any such policy of municipal
  bond insurance, letter of credit, or other financial guarantee or credit
  enhancement shall be approved  by  the  authority  and  notice  of  such
  approval shall be provided to the state comptroller.
    (e)  The  provisions  of  this  title  may  be  utilized  by a county,
  notwithstanding the provision of any general or special law,  or  county
  charter  that  (i)  requires  that  any  project  must  be  constructed,
  reconstructed, rehabilitated or improved, operated and maintained by the
  county, (ii) limits the period of time for which a county may enter into
  a lease, sublease or otherwise agree, (iii) limits the  period  of  time
  for  which  a  county  may  lease its real property to any other entity,
  including the authority, a county being hereby authorized to  lease  its
  real  property to the authority for any period of time as the county and
  the authority may agree where such real  property  will  constitute  the
  site  on  which  judicial  facilities for the use of such county will be
  constructed, reconstructed, rehabilitated  or  improved,  (iv)  requires
  that  the  cost shall be paid for by taxes levied for the fiscal year in
  which the expenditure is to be made, (v) requires that the cost shall be
  financed pursuant to the local finance law, or  (vi)  only  permits  any
  such project to be constructed, reconstructed, rehabilitated or improved
  subject to either mandatory or permissive referendum.
    2.  The  state  hereby covenants with the holders from time to time of
  bonds  issued  by  the  authority  to  pay  the  cost  of  the   design,
  construction,  reconstruction, rehabilitation or improvement of judicial
  facilities pursuant to this section that it will not  limit,  impair  or
  impede the rights and remedies granted hereby to such holders; provided,
  however,  that  nothing  in  this paragraph contained shall be deemed or
  construed as giving or pledging the credit of the state or as  requiring
  the state to continue the payment of any specific type or types of state
  aid or local assistance to a county, within the tenth judicial district,
  that  does  not include a city for whose benefit judicial facilities are
  to be or have been provided or as limiting or prohibiting the state from
  repealing or amending any law heretofore or hereafter  enacted  relating
  to state aid and local assistance to such county, the manner and time or
  payment  or apportionment thereof, or the amount thereof, nor shall such
  bonds be a debt of the state and the state shall not be liable thereon.