(a) the chief administrator of the courts has certified that the court facility or facilities in connection with which such bonds are to be issued are consistent with the capital plan approved pursuant to section sixteen hundred eighty-c of this chapter; and

(b) the lease, sublease or other agreement with the participating municipality relating to such court facilities provides that the plans, specifications, designs and cost estimates for the design, construction, reconstruction, rehabilitation, improvement, furnishing or equipping of the court facilities in connection with such bonds are to be issued subject to the approval of the chief administrator of the courts pursuant to paragraph (u) of subdivision one of section two hundred twelve of the judiciary law. 3. Notwithstanding the provisions of any general, special or local law, charter or ordinance to the contrary, a participating municipality may sell, convey, lease, exchange or otherwise make available to the authority, for nominal consideration, the title to or an interest in real property for the purpose of providing court facilities or combined occupancy structures and may enter into any lease, sublease or other agreement with the authority in connection with court facilities or combined occupancy structures without public auction or bidding or restriction as to the term of such lease, sublease or other agreement, provided that such sale, conveyance, lease, exchange, or other disposition to the authority or lease, sublease or other agreement with the authority is authorized by the board of county supervisors or the county legislature of a participating municipality which is a county, or the common council of a participating municipality which is a city other than the city of New York or, if the participating municipality is the city of New York, the board of estimate of the city of New York. 4. In the event that a participating municipality fails to pay to the authority when due all or part of the rentals and other payments payable pursuant to any lease, sublease or agreement with the authority, the chairman or another officer of the authority shall certify at the times provided in this subdivision the amount of rentals and other payments then due from such participating municipality and unpaid. The state comptroller, upon receipt of such certificate, shall deduct the amount of such rentals and other payments as remains unpaid to the authority first from the aid payable to such participating municipality from the court facilities incentive aid fund established by section ninety-four of the state finance law and, then, from the next succeeding payments of state aid apportioned to such participating municipality, as revenue sharing, per capita aid, and any other aid pursuant to section fifty-four of the state finance law and, then, from the next succeeding payments of state aid for any local governmental administrative costs that are reimbursable to the participating municipality pursuant to state law and, then, from the next succeeding payments of state aid from moneys appropriated pursuant to section six hundred eight of the public health law and pursuant to section ten-c of the highway law; provided, however, that the right of the authority to the payment of any amount deducted by the state comptroller pursuant to this section from per capita aid apportioned to the city of New York shall be subject and subordinate to the rights of the city university construction fund pursuant to section sixty-two hundred seventy-nine of the education law, the New York city housing development corporation pursuant to section six hundred fifty-six of the private housing finance law, the trustees of the police pension fund pursuant to paragraph e of subdivision seven of section fifty-four of the state finance law, and the municipal assistance corporation for the city of New York pursuant to section three thousand thirty-six-a of this chapter and subdivision one of section ninety-two-e of the state finance law. In order to insure that the amount of rentals and other payments due and unpaid by a participating municipality are paid, the authority on or within thirty days prior to January twenty-fifth, April twenty-fifth, July twenty-fifth and October twenty-fifth of each year shall certify to the state comptroller the amount of rentals and other payments then due and unpaid by each participating municipality pursuant to any lease, sublease or other agreement. The amount required to be deducted by the state comptroller pursuant to this subdivision shall be deducted from such aid, whether or not the state aid from which such deduction is to be made is then payable to the participating municipality, and thereupon paid to the authority. The amount of state aid payable to such participating municipality shall be reduced by the amount deducted by the state comptroller notwithstanding the amount appropriated and apportioned by the state to such participating municipality, and the state shall not be obligated to make and the participating municipality shall not be entitled to receive any additional apportionment or payment of such state aid. Nothing shall be construed to create an obligation upon the state to appropriate moneys, to preclude the state from reducing the amount of moneys appropriated or level of assistance provided, or to preclude the state from altering or modifying the manner in which it provides for or provides assistance. 5. On and after the effective date of this subdivision, when bonds are issued by the authority pursuant to this section, the authority and the participating municipality shall agree in any lease, sublease or other agreement to finance the acquisition, construction, reconstruction or rehabilitation of a court facility or combined occupancy structure that, so long as such bonds remain outstanding, the participating municipality shall retain title to such court facility or combined occupancy structure free of all liens and encumbrances except as shall be expressly permitted by such lease, sublease or other agreement.