Section 1132. Infrastructure development contracts

1. The agency is hereby
  authorized, within the amounts appropriated,  to  enter  into  contracts
  with   eligible   applicants   to   provide   funds  for  infrastructure
  improvements which are necessary for and will reduce the cost of the new
  construction or rehabilitation  of  affordable  housing  projects.  Such
  contracts  shall  provide  for  grants  by  the  agency  to the eligible
  applicant  for  infrastructure  improvements  carried  out   under   the
  contract.  Grants  shall be used to advance to or reimburse the eligible
  applicant  for  the  actual  and  necessary  cost  of   providing   such
  infrastructure  improvements,  provided however that grants shall not be
  used to pay the administrative costs incurred by an  eligible  applicant
  for   such   improvements.   Such  payments,  including  payments  to  a
  municipality, shall be made  in  accordance  with  the  agency's  prompt
  payment  statement  adopted  pursuant  to  section  twenty-eight hundred
  eighty of the public authorities law. Payment to the eligible  applicant
  shall  not  be  conditioned  on pre-payment for such improvements by the
  eligible applicant. No such grants shall exceed an amount equal to  five
  thousand  dollars  for each unit of affordable housing to be constructed
  or rehabilitated in conjunction with such infrastructure improvements.
    2. The agency shall not enter  into  a  contract  under  this  article
  except  with an eligible applicant which has submitted an application to
  a state, federal or local entity to receive funds for  the  construction
  or  rehabilitation of an affordable housing project and submits proof of
  such application to the agency. Such contract shall  contain  provisions
  that   infrastructure   development   funds   are  dependent  upon  such
  application being approved. Any contract for infrastructure  development
  funds  shall  contain  such  other  information  which  the agency deems
  appropriate, and a plan acceptable to the agency which demonstrates that
  the infrastructure improvements shall be undertaken in conjunction  with
  the new construction or rehabilitation of an affordable housing project,
  shall   be   completed  in  a  timely  fashion  and  will  result  in  a
  corresponding reduction in the cost of such affordable  housing  to  the
  occupants therein.
    3.  Moneys  expended  by  the  agency for the purposes of this article
  shall  not  substitute  for  locally   funded   operating   or   capital
  expenditures  which  the  municipality  would have allocated through its
  normal  budgetary  process  to  programs  that  provide   infrastructure
  improvement  in  the absence of the funds provided for this program. All
  such moneys shall be  used  to  increase  locally  funded  operating  or
  capital  expenditures  for this program to a level which is greater than
  the level which would have existed if such moneys had not been  provided
  by the state. Nothing in this subdivision shall require the municipality
  to  allocate  funds  for  this program if in the municipality's judgment
  such allocation would require an increase in taxation or a reduction  in
  other municipal services.
    4.  Notwithstanding  the  provisions  of  article  one-A of the public
  authorities law, contracts entered into by the agency pursuant  to  this
  article  shall  not be subject to the provisions of article one-A of the
  public authorities law.