Section 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.