NY Pub Auth L § 1678 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 4 - Dormitory Authority 1678 - Powers of the Authority.

§ 1678. Powers of the authority. The authority shall have power   1. To sue and be sued;   2. To have a seal and alter the same at pleasure;   3.  To  acquire  in the name of the state by purchase or condemnation, gift or devise real property or rights of easement on terms necessary or convenient for its corporate purposes; to acquire, hold and  dispose  of personal property for its corporate purposes;   4. To make by-laws for the management and regulation of its affairs;   5.   To   appoint   officers,  agents  and  employees  and  fix  their compensation, provided, however, that the appointment of  the  executive director  shall  be  subject to confirmation by the senate in accordance with section twenty-eight hundred fifty-two of this chapter;   6. To make contracts and  to  execute  all  instruments  necessary  or convenient;   7.  To  prepare or cause to be prepared plans, specifications, designs and estimates of costs for the construction and equipment of dormitories and appurtenant facilities for the  institutions  specified  in  section sixteen hundred seventy-six, and from time to time to modify such plans, specifications, designs or estimates;   8.  By  contract  or  contracts  or by its own employees to construct, acquire, reconstruct, rehabilitate and improve, and furnish  and  equip, dormitories   and   necessary   and   usual   attendant  facilities  for state-operated institutions and statutory and  contract  colleges  under the  jurisdiction  of  the  state  university  of  New  York pursuant to agreement with the state university construction fund created by section three hundred seventy-one of the education law;   9. To maintain, reconstruct and operate  such  dormitories  until  the cost thereof and the outstanding bonds thereon have been liquidated;   10.  To  fix  and  collect  rentals  and  other charges for the use of dormitories  and  judicial  facilities,  court  facilities  or  combined occupancy   structures or any parts thereof; to contract with holders of its bonds to fix such rentals and charges at rates at  least  sufficient to  pay  for  all  costs  of  operation,  maintenance and repairs of the dormitories  and  judicial  facilities,  court  facilities  or  combined occupancy  structures,  and  the  interest  on  and  amortization of, or payment of its bonds issued to finance dormitories, judicial facilities, court  facilities  or  combined  occupancy  structures;  to  provide  by contract  for  the  promulgation, by the appropriate officer or body, in relation to any institution described  in  subdivision  two  of  section sixteen hundred seventy-six of this title, of such reasonable and proper rules  and  regulations as may be necessary to assure the maximum use of the facilities of any dormitory at all times;   11. To borrow money and to issue negotiable  bonds  or  notes  and  to provide for the rights of the holders thereof;   12. To do all things necessary or convenient to carry out the purposes of this authority.   13.   In  connection  with  court  facilities  or  combined  occupancy structures:  (a) To acquire by purchase, condemnation, gift, devise, lease or other agreement such real property or an interest  therein as may be necessary or  convenient  for  the  acquisition,   construction,   reconstruction, rehabilitation, improvement or provision of court facilities or combined occupancy structures;  (b)  To prepare or cause to be prepared plans, specifications, designs and estimates of costs for  the  design,  construction,  reconstruction, rehabilitation  or improvement of court facilities or combined occupancy structures, and the equipping and furnishing thereof;  (c) To  prepare  or  cause  to  be  prepared  a  facility  design  and performance  plan with each participating municipality relating to court facilities and combined occupancy  structures  in  any  case  where  the authority  and  the  participating  municipality  have  agreed  that the authority  will  award  contracts for the design and construction of the project. Such plan shall set forth the terms and  conditions  associated with the construction management process, including, but not limited to, provisions   relating  to  the  selection  of  architects,  construction consultants,  construction  managers  and  contractors,   the   relative responsibilities  of  the  authority  and the participating municipality with respect to the initial project  budget  and  the  court  facilities program,  the  preparation  of working drawings and budgets, the project construction   process,   beneficial    occupancy    including    formal notifications,  punch  lists and acceptance by all parties, notification of construction completion, project close-out, and the  commencement  of responsibility  for  maintenance  of  the facility. Such plan shall also include provisions relating to the responsibility of  the  authority  to require  appropriate  performance and surety bonds, the diligent pursuit by  the  authority  of  remedies  against  architects,  contractors  and sureties   deemed   to  be  in  default  in  the  performance  of  their obligations, and, generally, the management of the construction  process in  a  professional  manner  in  accordance with prevailing construction industry standards. The authority shall submit the facility  design  and performance  plan to the chief administrator for submission to the court facilities capital review  board  in  accordance  with  section  sixteen hundred eighty-c of this chapter;  (d)  To  design, construct, reconstruct, rehabilitate or improve court facilities or combined occupancy structures and to enter into  contracts to  cause  court  facilities  or  combined  occupancy  structures  to be designed, constructed, reconstructed, rehabilitated or improved;  (e)  To  enter  into  leases,  subleases  or  other  agreements   with participating  municipalities  in  connection  with court facilities and jointly with participating  municipalities  and  other  persons,  firms, associations,  corporations  or  agencies,  including  public bodies, in accordance with section sixteen hundred eighty-b of this article;  (f) To sell, convey, lease, sublease or otherwise  transfer  any  real property  or interest therein held by the authority to any person, firm, association, corporation or agency, including a  public  body,  for  the purpose  of  constructing  or  otherwise  providing  thereon  a combined occupancy  structure,  provided  that,  simultaneously  therewith,   the authority  enters  into  an  agreement  for  the reconveyance, purchase, lease, sublease or other acquisition  of  the  court  facilities  to  be contained in such combined occupancy structures.   Any contract undertaken or financed by the dormitory authority for any construction, reconstruction, rehabilitation or improvement of any court facilities  or  combined  occupancy  structures  shall  comply  with the provisions of sections one hundred one and  one  hundred  three  of  the general municipal law.   14.  To adopt resolutions providing for a program of self-insurance to pay for uninsured losses incurred by the dormitory authority  by  reason of  a  deductible  feature  in  a  policy or policies of insurance or to prevent a default in the compliance with any provision of any agreement, lease or resolution of the authority  relating  to  or  authorizing  the issuance  of obligations of the authority. When such program is approved by the superintendent of financial services of the state  of  New  York, such  program  shall  for  all  purposes  of compliance by the dormitory authority with any provision of an agreement, lease or resolution of the authority relating to or authorizing the issuance of obligations of  the  authority  be  deemed  to  be an insurance policy issued by an insurance company authorized to do business in the state of New York. The approval of the superintendent shall be based upon such  standards  as  he  shall from  time  to  time  determine  to  be appropriate in light of the said program, including but not limited to reasonable requirements  regarding the  amounts  and  kinds  of coverage provided and the minimum financing maintained, and provided that the superintendent  shall  determine  that such program will not be prejudicial to the best interests of the people of this state.   15. The authority shall, notwithstanding any other law, have the power to  mortgage,  pledge  or  assign  any  real or personal property of any dormitory or board of cooperative educational services  school  facility as  and  to  the extent authorized by any agreement or lease between the authority and any educational institution as defined in section  sixteen hundred  eighty  of  this  title or any board of cooperative educational services  to  secure  any  and  all  liabilities  of  such   educational institution  or  board  of  cooperative  educational services under such agreement or lease in respect of such dormitory or board of  cooperative educational  services  facility  not  theretofore paid or discharged, or other real or personal property of the  authority.  Any  such  mortgage, pledge  or  assignment  by  the  authority,  unless  otherwise  provided therein, shall be superior to any right an educational institution or  a board  of  cooperative educational services may have with respect to the property subject to  such  mortgage,  pledge  or  assignment,  and  upon foreclosure  of  any  such mortgage or enforcement of any such pledge or assignment any such right shall be extinguished.   16. To acquire and to enter into commitments to acquire any  federally guaranteed  security  and  to pledge or otherwise use any such federally guaranteed security in such manner as the authority deems  in  its  best interest  to secure or otherwise provide a source of repayment on any of its bonds issued on behalf of any hospital designated as an  educational institution  in section sixteen hundred eighty of this title or to enter into any appropriate  agreement  with  any  hospital  designated  as  an educational  institution in section sixteen hundred eighty of this title whereby the authority may make a loan  to  any  such  hospital  for  the purpose  of  acquiring  and  entering  into  commitments  to acquire any federally guaranteed security. Any agreement entered  into  pursuant  to this  subdivision may contain such provisions which are deemed necessary or desirable by the authority for the  security  or  protection  of  the authority  or  the  holders  of  such bonds; provided, however, that the authority, prior to making any such  acquisition,  commitment  or  loan, shall  first determine, and shall first enter into an agreement with any such hospital or any other appropriate  institution  or  corporation  to require,  that  the  proceeds  derived  from the acquisition of any such federally guaranteed security will be used for the purpose of  providing or   refinancing  any  dormitory  for  any  hospital  designated  as  an educational institution in section sixteen hundred eighty of this title, including any facility, real property,  equipment  and  appurtenant  and related facilities.   17.  To  make and undertake commitments to make education loans to any independent institution for higher  education  located  in  this  state, recognized and approved by the regents of the university of the state of New  York, which provides a course of study leading to the granting of a post-secondary degree, for the purpose of enabling any such  institution for higher education to make student loans to any student attending such independent  institution  for  higher education, the parents of any such student or both for the purpose of financing the cost of  attendance  by such  student  at  such independent institution for higher education, to  make and to commit to make direct loans to a student or the parents of a student or both for the purpose of financing the cost of  attendance  by such  student  at  a  public  institution  for  higher education, and to purchase,  acquire or take by assignment or otherwise student loans from such an independent institution for  higher  education.  Each  loan  and purchase  of  a  student  loan  by  the  authority  authorized  by  this subdivision  shall  be  premised  upon  an  agreement,  agreements,   or supplements  thereto,  between  the  authority  and such institution for higher education, such student or the parents of the  student  or  both, which agreement, agreements, or supplements thereto, may make provisions as  to  payment,  security,  payment  of  any  expenses  or costs of the authority and any other matters deemed appropriate by the authority.   All provisions of this title not inconsistent with the  provisions  of this  subdivision  shall  be applicable with respect to any bonds of the authority issued to obtain funds for any purpose authorized  under  this subdivision,  and  with  respect  to the powers of the authority and any such institution for higher education provided, however, that the use of any such powers in order to effectuate the purpose  of  section  sixteen hundred  seventy-nine of this chapter be expressed by guidelines subject to the review of the advisory committee pursuant  to  paragraph  ten  of section  sixteen  hundred  seventy-nine  of  this  chapter. Bonds of the authority issued for the purposes of this subdivision shall be deemed to be issued for the financing and construction of  a  project  within  the meaning of section fifty-one of this chapter.   18.  To make and undertake commitments to make HEAL education loans to any independent institution for higher education located in this  state, which  is  an  eligible institution pursuant to title IV, part C, of the "Health Professions Educational Assistance  Act  of  1976",  as  now  or hereafter  amended,  for the purpose of enabling any such institution to make HEAL student loans, to make and to commit to make HEAL direct loans to an eligible student attending a public or independent institution for higher education, and to purchase, acquire  or  take  by  assignment  or otherwise HEAL student loans, and to sell and commit to sell HEAL direct loans,  HEAL  education loans and HEAL student loans purchased, acquired or taken by assignment or otherwise  by  the  authority  to  the  extent necessary  to  assure  the  marketability  of  and  the  adequacy of the security for the bonds of the authority. Each loan  and  purchase  of  a HEAL  student loan by the authority authorized by this subdivision shall be premised upon  an  agreement,  agreements,  or  supplements  thereto, between  the authority and such institution for higher education or such student, which agreement, agreements, or supplements  thereto,  may,  to the  extent permitted by federal law and regulations, make provisions as to payment, security, payment of any expenses or costs of the  authority and any other matters deemed appropriate by the authority. The authority shall  be deemed to be and is authorized to act as an eligible lender as defined in title IV, part C,  of  the  "Health  Professions  Educational Assistance  Act  of  1976", as now or hereafter amended, for purposes of the health education assistance loan program authorized thereunder.   All provisions of this title not inconsistent with the  provisions  of this  subdivision  shall  be applicable with respect to any bonds of the authority issued to obtain funds for any purpose authorized  under  this subdivision,  and  with  respect  to the powers of the authority and any such institution for higher education, provided, however, that  the  use of  any  such  powers  in  order  to  effectuate the purpose of sections sixteen hundred seventy-nine and sixteen hundred seventy-nine-a of  this chapter be expressed by guidelines subject to the review of the advisory committee  pursuant  to  subdivision  ten  of  section  sixteen  hundred seventy-nine of this chapter. Bonds of  the  authority  issued  for  the  purposes  of  this  subdivision  shall  be  deemed  to be issued for the financing and construction of a project within the  meaning  of  section fifty-one of this chapter.   19.  By  contract  or  contracts  or  by  its own employees to design, contruct, acquire, reconstruct, rehabilitate and  improve,  and  furnish and equip, or otherwise provide judicial facilities.   All  provisions  of this title not inconsistent with the provisions of this subdivision shall be applicable with respect to any  bonds  of  the authority  issued  to obtain funds for any purpose authorized under this subdivision, and with respect to the powers of the authority;  provided, however,  that  the  authority  shall  not  undertake  the  provision of judicial facilities authorized by this subdivision unless the  governing body  of  any  county, within the tenth judicial district, that does not contain a city for whose use judicial  facilities  are  to  be  provided consents thereto.   20.  To  enter  into  a contract or contracts with the commissioner of health for the purpose of implementing the health facility restructuring pool pursuant to section twenty-eight  hundred  fifteen  of  the  public health law, and to receive, hold, invest and pay out moneys deposited in the  restructuring  pool.  In  connection therewith, the authority shall exercise all of its powers under article eight of this chapter.   21. (a) To enter into one or more agreements with the state university of New York to provide financial assistance on behalf of the  state,  as provided in subdivision eight of section six thousand three hundred four of  the  education  law, to the local sponsors of community colleges for the design, acquisition, construction, reconstruction, rehabilitation or improvement of one or more facilities for  locally  sponsored  community colleges  and  the furnishing or equipping of such facilities. Each such agreement shall provide for annual payments to the  dormitory  authority from  the  state aid or other financial assistance provided to the local sponsor of such community college and paid into  the  community  college tuition   and   instructional   fund  pursuant  to  paragraph  (iii)  of subdivision two of section ninety-seven-p of the state finance law,  and contain  such  other  terms  and conditions as may be agreed upon by the parties thereto, including, but not limited to, provisions  relating  to the  establishment of reserve funds and indemnities. Each such agreement shall be subject to the approval of the director of the budget.  (b) Any such agreement entered into pursuant to this  subdivision  may provide  that  the  provisions  thereof shall remain in force and effect until the issue of bonds of the dormitory authority to which it relates, together with interest thereon, interest on any unpaid  installments  of interest and the fees and expenses of the dormitory authority, are fully met  and  discharged,  and  any  payments to be made by the state may be pledged by the dormitory authority to secure such bonds.  (c) No agreement entered  into  pursuant  to  this  section  shall  be construed to limit or diminish the power of the dormitory authority with respect  to  a  locally  sponsored  community  college  with  respect to providing  construction  related  services  in   connection   with   the construction,  reconstruction,  improvement,  renovation, development or expansion of locally sponsored community college facilities.   23. To make  equipment  loans  pursuant  to  section  sixteen  hundred seventy-nine-b  of  this  article and, in connection with such equipment loans, to enter into all necessary or useful agreements with respect  to such loans.   24.  To  acquire  bonds,  notes  or  other  obligations  of any school district or city of the state issued  to  finance  or  refinance  school district capital facilities and school district capital equipment and to make  loan  commitments  and loans to school districts and to cities for  such purposes, and to enter into arrangements with school districts  and cities for the purchase of such bonds, notes or other obligations.   * 25.  (a)  To  form  one  or  more  subsidiaries for the purpose of limiting the potential liability of the authority  when  exercising  the powers  and  duties  conferred  upon  the  authority  by this article in connection with the exercise of remedies by the  authority  against  any borrower  regulated  under article twenty-eight of the public health law that has defaulted in  its  obligations  under  its  loan  agreement  or mortgage  with  the authority and for which an event of default has been declared by the authority. Each such subsidiary created pursuant to this subdivision may exercise and  perform  one  or  more  of  the  purposes, powers,  duties, functions, rights and responsibilities of the authority (other than the issuance of indebtedness) in connection  with  real  and personal  property  with  respect to which the authority holds or held a mortgage, security interest or other collateral interest including:  (i) bidding   for,   taking,   holding,  selling,  conveying,  assigning  or transferring  title  to  such  property;  (ii)  entering  into   leases, subleases, operating agreements, security agreements, loan agreements or other  encumbrances  or  arrangements  with  regard to such property and acting  in  a  manner  consistent  with  the  rights,   obligations   or responsibilities  of  the  owner  of  such  property  pursuant  to  such agreements or encumbrances; (iii) assuming  any  indebtedness  or  other liabilities  secured  by  such  property.    Notwithstanding  any  other provision of law to the contrary, but in all instances  subject  to  the provisions  of  any  contract with bondholders, the transfer of title to any such subsidiary or any other actions taken by the authority or  such subsidiary  to  enforce  the  authority's  rights  under  the  mortgage, security interest or other collateral interest or to  protect,  acquire, manage  or  dispose  of  the  property shall be deemed to be a corporate purpose of the authority and shall not impair the validity of any bonds, notes or other obligations of  the  authority  to  which  the  mortgage, security interest or other collateral interest relates.  (b)   Each  such  subsidiary  authorized  by  paragraph  (a)  of  this subdivision shall be  established  in  the  form  of  a  public  benefit corporation  by  executing  and  filing  with  the  secretary of state a certificate of incorporation which shall identify the authority  as  the entity  organizing  such  subsidiary  and  set  forth  the  name of such subsidiary public benefit corporation, its duration, the location of its principal  office  and  its  corporate  purposes  as  provided  in  this subdivision  and  which  certificate may be amended from time to time by the filing of amendments thereto with the secretary of state. Each  such subsidiary  shall be organized as a public benefit corporation, shall be a body politic  and  corporate,  and  shall  have  all  the  privileges, immunities,  tax  exemptions  and other exemptions of the authority. The members of each such subsidiary shall be the same as the members of  the authority  and  the  provisions  of  subdivision  two of section sixteen hundred ninety-one of this title shall in all  respects  apply  to  such members when acting in such capacity.  (c)  Nothing  in  this  subdivision  shall  be construed to impose any liabilities, obligations or responsibilities of any such subsidiary upon the  authority  and  the  authority   shall   have   no   liability   or responsibility  therefor unless the authority expressly agrees to assume the same.  (d) Each such subsidiary created pursuant to this subdivision shall be subject  to  any  other  provision  of  this   chapter   pertaining   to subsidiaries of public authorities.  (e)  Notwithstanding  any  other  provision  of  law  to the contrary, including but not limited to  title  five-A  of  article  nine  of  this  chapter,  the Atlantic Avenue Healthcare Property Holding Corporation is hereby authorized and empowered to sell, exchange, lease,  transfer  and convey  certain  real  property  located  at  483-503  Herkimer  Street, 1028-1038 Broadway, 528 Prospect Place and/or 1366 East New York Avenue, all  in  Brooklyn,  New York as directed by the commissioner of New York state division of homes and  community  renewal,  upon  such  terms  and conditions as such commissioner may fix and determine.   Such   sale,   exchange,  lease,  transfer  and  conveyance  shall  be consistent with and made pursuant to  a  plan  to  increase  access  and quality  of  health  care  services  and  preventative  care  and create affordable housing approved  by  the  commissioner  of  New  York  state division  of homes and community renewal, the commissioner of health and the director of the division of the  budget  to  transform  the  Central Brooklyn  region. Such plan shall include any combination of initiatives intended to: increase access to open spaces, transform  health  care  by increasing  access  and quality of health care services and preventative care, create affordable  housing,  improve  youth  development,  prevent community  violence,  address social determinants of health, and provide any ancillary services thereto.   Notwithstanding the foregoing, no such sale, exchange, transfer, lease or conveyance shall be permitted pursuant to this section, unless in the opinion of bond counsel to the authority, such sale, exchange, transfer, lease or conveyance  does  not  impair  the  tax-exempt  status  of  any outstanding  bonds or other obligations, if any, issued by the authority to finance or refinance the subject property. For the purposes  of  such opinion,   the   valuation  of  such  property  being  sold,  exchanged, transferred, leased or conveyed may reflect the terms and conditions set forth in the plan.  (f) The description in paragraph (e) of this subdivision of the  lands to   be  transferred  and  conveyed  is  not  intended  to  be  a  legal description, but is  intended  only  to  identify  the  premises  to  be conveyed. As a condition of transfer and conveyance, the Atlantic Avenue Healthcare Property Holding Corporation shall receive an accurate survey and  description  of  the  lands generally described in paragraph (e) of this subdivision, which may be used in the conveyance thereof.   * NB Effective until July 1, 2022   * 25. (a) To form  a  subsidiary  for  the  purpose  of  limiting  the potential  liability  of  the  authority  when exercising the powers and duties conferred upon the authority by article eight of this chapter  in connection  with the exercise of remedies by the authority against North General Hospital, an eligible secured borrower (as  defined  in  chapter five  hundred  ninety  of  the  laws of two thousand two) located in the borough of Manhattan, New York that has  defaulted  in  its  obligations under its loan agreement or mortgage with the authority and for which an event  of  default  has  been declared by the authority. Such subsidiary created pursuant to this subdivision may exercise  and  perform  one  or more   of   the   purposes,   powers,   duties,  functions,  rights  and responsibilities  of  the  authority  other   than   the   issuance   of indebtedness, in connection with real and personal property with respect to  which  the  authority holds or held a mortgage, security interest or other collateral interest including: (i) bidding for,  taking,  holding, selling,  conveying,  assigning  or transferring title to such property; (ii) entering into leases,  subleases,  operating  agreements,  security agreements,  loan  agreements or other encumbrances or arrangements with regard to such property and acting  in  a  manner  consistent  with  the rights,  obligations  or  responsibilities of the owner of such property pursuant  to  such  agreements  or  encumbrances;  (iii)  assuming   any indebtedness   or   other   liabilities   secured   by   such  property.  Notwithstanding any other provision of law to the contrary, but  in  all instances  subject  to  the provisions of any contract with bondholders, the transfer of title to such subsidiary or any other actions  taken  by the  authority or the subsidiary to enforce the authority's rights under the mortgage, security interest  or  other  collateral  interest  or  to protect,  acquire,  manage or dispose of the property shall be deemed to be a corporate purpose  of  the  authority  and  shall  not  impair  the validity  of  any  bonds, notes or other obligations of the authority to which the mortgage,  security  interest  or  other  collateral  interest relates.  (b)  Such  subsidiary  authorized by paragraph (a) of this subdivision shall be established in the form of  a  public  benefit  corporation  by executing  and  filing  with  the  secretary  of  state a certificate of incorporation  which  shall  identify  the  authority  as   the   entity organizing  such  subsidiary  and  set forth the name of such subsidiary public benefit corporation, its duration, the location of its  principal office  and  its  corporate purposes as provided in this subdivision and which certificate may be amended from time to  time  by  the  filing  of amendments thereto with the secretary of state. Such subsidiary shall be organized  as  a public benefit corporation, shall be a body politic and corporate, and shall have all the privileges, immunities, tax exemptions and other exemptions of the authority. The members  of  such  subsidiary shall  be the same as the members of the authority and the provisions of subdivision two of section sixteen  hundred  ninety-one  of  this  title shall  in  all  respects  apply  to  such  members  when  acting in such capacity.  (c) Nothing in this subdivision  shall  be  construed  to  impose  any liabilities, obligations or responsibilities of such subsidiary upon the authority  and  the  authority shall have no liability or responsibility therefor unless the authority expressly agrees to assume the same.  (d) Such subsidiary created pursuant  to  this  subdivision  shall  be subject   to   any   other  provision  of  this  chapter  pertaining  to subsidiaries of public authorities.  (e) Notwithstanding any  other  provision  of  law  to  the  contrary, including  but  not  limited  to  title  five-A  of article nine of this chapter, the Atlantic Avenue Healthcare Property Holding Corporation  is hereby  authorized  and empowered to sell, exchange, lease, transfer and convey  certain  real  property  located  at  483-503  Herkimer  Street, 1028-1038 Broadway, 528 Prospect Place and/or 1366 East New York Avenue, all  in  Brooklyn,  New York as directed by the commissioner of New York state division of homes and  community  renewal,  upon  such  terms  and conditions as such commissioner may fix and determine.   Such   sale,   exchange,  lease,  transfer  and  conveyance  shall  be consistent with and made pursuant to  a  plan  to  increase  access  and quality  of  health  care  services  and  preventative  care  and create affordable housing approved  by  the  commissioner  of  New  York  state division  of homes and community renewal, the commissioner of health and the director of the division of the  budget  to  transform  the  Central Brooklyn  region. Such plan shall include any combination of initiatives intended to: increase access to open spaces, transform  health  care  by increasing  access  and quality of health care services and preventative care, create affordable  housing,  improve  youth  development,  prevent community  violence,  address social determinants of health, and provide any ancillary services thereto.   Notwithstanding the foregoing, no such sale, exchange, transfer, lease or conveyance shall be permitted pursuant to this section, unless in the opinion of bond counsel to the authority, such sale, exchange, transfer, lease or conveyance  does  not  impair  the  tax-exempt  status  of  any  outstanding  bonds or other obligations, if any, issued by the authority to finance or refinance the subject property. For the purposes  of  such opinion,   the   valuation  of  such  property  being  sold,  exchanged, transferred, leased or conveyed may reflect the terms and conditions set forth in the plan.  (f)  The description in paragraph (e) of this subdivision of the lands to  be  transferred  and  conveyed  is  not  intended  to  be  a   legal description,  but  is  intended  only  to  identify  the  premises to be conveyed. As a condition of transfer and conveyance, the Atlantic Avenue Healthcare Property Holding Corporation shall receive an accurate survey and description of the lands generally described  in  paragraph  (e)  of this subdivision, which may be used in the conveyance thereof.   * NB Effective July 1, 2022   * 26.  To  enter  into  a design and construction management agreement with the department of environmental conservation, pursuant to which one or more facilities  are  to  be  designed,  constructed,  reconstructed, rehabilitated,  improved, furnished or equipped for such department. Any such design and construction management agreement entered into  pursuant to this subdivision shall provide for the following: the scope of design and  construction  management  services to be provided by the authority, the manner in which those services will be  provided,  the  fees  to  be charged  by  the authority and the sources of funds for the projects. No design-build contract as defined in chapter fifty-six of the laws of two thousand eleven shall be awarded pursuant to this subdivision.   * NB Repealed April 1, 2023   * 27. To enter into a design  and  construction  management  agreement with the office of parks, recreation and historic preservation, pursuant to  which  one  or  more  facilities  are  to  be designed, constructed, reconstructed, rehabilitated, improved, furnished or equipped  for  such office.  Any  such  design and construction management agreement entered into pursuant to this subdivision shall provide for the  following:  the scope  of  design and construction management services to be provided by the authority, the manner in which those services will be provided,  the fees  to  be  charged  by the authority and the sources of funds for the projects. No design-build contract as defined in  chapter  fifty-six  of the  laws  of  two  thousand  eleven  shall  be awarded pursuant to this subdivision.   * NB Repealed April 1, 2023   28. To enter into a construction management  agreement  with  the  New York  city  housing  authority, pursuant to which one or more facilities owned or operated by the New York city housing authority located in  the city  of  New  York  are  to  be constructed, reconstructed, demolished, improved, modernized, renovated or expanded for such authority.   * 29. Notwithstanding any law to the contrary, to  establish  a  pilot program  for  the  award  of  contracts  up  the  maximum  dollar amount specified in paragraph (e) of this subdivision, for the  procurement  of goods  or  services  from,  or  for  the  construction,  reconstruction, rehabilitation or improvement of  facilities  by,  small  businesses  as defined  in  section  one hundred thirty-one of the economic development law and minority-owned and women-owned business enterprises  as  defined in  section  three hundred ten of the executive law, notwithstanding the expiration of such section pursuant to subdivision (h)  of  section  one hundred  twenty-one  of  chapter  two  hundred  sixty-one of the laws of nineteen  hundred  eight-eight,  as  amended,  in  accordance  with  the following provisions:  (a)  Procurements  made pursuant to this subdivision shall be governed by the authority's procurement policy and guidelines adopted pursuant to section  twenty-eight  hundred  seventy-nine  of  this   chapter,   with  participation  in  the  pilot  program  confined to small businesses, as defined in section one hundred thirty-one of  the  economic  development law, and minority-owned and women-owned business enterprises, as defined in section three hundred ten of the executive law.  (b) Procurements made pursuant to this subdivision shall be designated as   such  by  the  authority,  in  its  sole  discretion,  pursuant  to pre-established criteria contained in the  authority's  procurement  and policy  guidelines  described in paragraph (a) of this subdivision. Such designation shall be made prior to the  advertisement  and  request  for bids  or proposals, and any such advertisement or request shall indicate this designation clearly.  (c) If the total number of parties responding and  considered  capable of meeting the specifications and terms of the advertisement and request for bids or proposals is less than three, or if the authority determines that  acceptance of any bid or proposal will result in the payment of an unreasonable  price,  the  authority  shall  reject  all  responses  and withdraw  the  designation  made  pursuant  to  paragraph  (b)  of  this subdivision.  (d) Procurements made pursuant to this subdivision may  be  undertaken in conjunction with section one hundred forty-seven of the state finance law   authorizing   a   mentor-protege   program   to  foster  long-term relationships between approved mentor firms and small business  concerns and  minority  and  women-owned businesses certified pursuant to article fifteen-A of the executive law.  (e) The total value of contracts awarded pursuant to this  subdivision shall  not  exceed the greater of twenty million dollars or five percent of the value of all contracts awarded by the authority in a given fiscal year.   * NB Repealed July 1, 2023