§ 88. Authorization for alternate correctional facilities. 1. As hereinafter provided in this article, the department is authorized and empowered to establish, operate and maintain under its jurisdiction no more than two alternate correctional facilities.

2. In carrying out the purposes of this article, the department may acquire land for and construct the alternate correctional facilities authorized pursuant to this section.

3. Any acquisition of land for or construction of an alternate correctional facility shall be governed by section twenty-one of this chapter, section one hundred twenty-seven of the state finance law and any other provisions of law applicable to the acquisition of land for and construction of state correctional facilities. The department, if it elects, shall be the lead agency for all purposes under article eight of the environmental conservation law with respect to alternate correctional facilities.

4. For each alternate correctional facility, the commissioner is hereby authorized and empowered to enter into a construction agreement, an operation agreement, and any other agreements or leases with the city of New York which are deemed by the commissioner to be necessary or convenient for the establishment, operation and maintenance of an alternate correctional facility. An operation agreement shall govern the operation of an alternate correctional facility for up to ten years after the commencement of housing of eligible inmates at such facility. The commissioner shall not operate an alternate correctional facility except pursuant to an executed operation agreement.

5. All agreements entered into by the commissioner and the city of New York pursuant to this section shall be approved by the director of the budget and filed with the chairman of the senate finance committee, the chairman of the assembly ways and means committee, the chairman of the senate crime and corrections committee and the chairman of the assembly committee on correction.