SUMMARY:

Authorizes the city of Glens Falls to enter into agreements for the design and construction of water filtration and wastewater control and treatment facilities with one or more private entities.

BILL TEXT:

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S. 3820--D                                                                                                     A. 7395--D

Cal. No. 814

2001-2002 Regular Sessions

SENATE - ASSEMBLY

March 22, 2001
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IN SENATE -- Introduced by Sen. STAFFORD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee to third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading

IN ASSEMBLY -- Introduced by M. of A. LITTLE -- read once and referred to the Committee on Environmental Conservation -- reference changed to the Committee on Cities -- recommitted to the Committee on Cities in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee

AN ACT to authorize the city of Glens Falls to enter into agreements for

the design and construction of water filtration and wastewater control

and treatment facilities

The People of the State of New York, represented in Senate and Assem-

bly, do enact as follows:

1 Section 1. Notwithstanding the provisions of any other law to the

2 contrary, the city of Glens Falls, acting through its mayor, is hereby

3 authorized and empowered, from time to time, to issue requests for

4 proposals, and subsequently to enter into agreements based upon such

5 requests for proposals, or to amend, supplement, modify, change or

6 extend such agreements, including but not limited to, contracts, leases,

7 rental or management agreements with, or grant licenses, permits,

8 concessions or any other authorizations to, any private corporation,

9 partnership or individual, upon such terms and conditions and for such

10 consideration and for such term or duration not to exceed 25 years, as

11 may be agreed upon by such mayor, with the approval of the city council

12 and upon the recommendation of the Glens Falls water and sewer board,

13 wherein such private entity is granted the right to design and

14 construct, all or part of certain facilities such city or such private

15 entity owns or will own and to carry on activities or furnish services,

16 in whole or in part relative to the manner of water filtration, sewerage

17 and wastewater treatment and collection for such city on sites approved

18 by the city of Glens Falls which may either be owned by such city or

19 privately. The city, only after conducting a cost/benefit review analyz-

20 ing the efficacy of such an arrangement, may enter into such agreements

21 with a private entity based upon a determination by the city that the

22 selected proposal is the most responsive to such city's request for

23 proposals and is in the best interest of the city, with the overall cost

24 of the proposal being a major criterion in the selection. The city of

25 Glens Falls may negotiate with any proposer. This act shall not be

26 construed to alter or diminish such city's obligation to provide water

27 and wastewater services, to comply with all applicable environmental

28 laws and regulations, and to administer such city's services, including

29 the assessment, levying, and collection of the expenses of the city.

30 Such facilities, including their influent, effluent, waste, and by-pro-

31 ducts, shall be regulated and permitted as if such facilities were fully

32 owned and operated by a municipality.

33 §§ 2. A private entity which is a party to such agreement may be grant-

34 ed the rights referred to in section one of this act for any purpose or

35 purposes which shall, by utilization of such water filtration, sewerage

36 and wastewater treatment and collection facilities, benefit the people

37 of the city of Glens Falls or provide for the improvement of their

38 health and welfare or aid and undertake or assist in the financing of

39 the design and construction of such facilities. Such city shall not

1 sell to any such private entity any existing water filtration or waste-

2 water treatment facility of the city.

3 §§ 3. The by-products, if any, generated by the facility may be sold,

4 utilized or otherwise disposed of by the private entity pursuant to the

4 agreement, upon such terms and conditions and for such consideration as

5 may be agreed upon by the parties thereto.

6 §§ 4. Every agreement entered into between the city of Glens Falls and

7 a private entity, pursuant to section one of this act, for the

8 construction of a water filtration or wastewater treatment facility,

9 shall require the payment of all applicable prevailing wages pursuant to

10 section 220 of the labor law, shall require the furnishing to such city

11 of a performance bond in the full amount of the cost of such

12 construction, shall require that each contractor and subcontractor

13 performing work on such construction furnish a payment bond in the full

14 amount of its contract guaranteeing prompt payment of monies that are

15 due to all persons furnishing labor and materials to such contractor or

16 subcontractor, and shall contain provisions that such construction, if

17 in excess of twenty thousand dollars, shall be conducted pursuant to

16 sections 101 and 103 of the general municipal law. A copy of such

17 payment and performance bonds shall be kept by such city and shall be

18 open to public inspection.

19 §§ 5. Every agreement entered into between the city of Glens Falls and

20 a private entity, pursuant to section one of this act for the

21 construction of facilities relative to water treatment, wastewater

22 treatment, sludge receiving and disposal, wastewater collection and

23 water distribution shall require a project labor agreement as an inci-

24 dent of any contract. As used in this section, "project labor agree-

25 ment" shall mean a pre-hire agreement pursuant to 29 U.S.C. Section 158

26 (f) negotiated by a person and a union or unions.

27 §§ 6. It shall be a mandatory term of any agreement entered into

28 between the city of Glens Falls and a private entity, pursuant to

29 section one of this act, that any employee of such city, then performing

30 operation or maintenance work at any existing water filtration or waste-

31 water treatment facility at the time of such agreement, shall be offered

32 employment by any private entity assuming operation or maintenance

33 responsibilities at such facility at no less than the wage then being

34 earned by such employee and with equivalent benefits. If any such

35 employee chooses not to accept such offer of employment, such employee

36 shall remain a city employee subject to the same terms and conditions of

37 employment as if the operation or maintenance responsibilities had not

38 been assumed by such private entity.