| S T A T E O F N E W Y O R K ________________________________________________________________________ 1724-B Cal. No. 199 1997-1998 Regular Sessions I N S E N A T E January 27, 1997 ___________ Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote recon- sidered, restored 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 AN ACT to amend the county law, in relation to authorizing county sewer districts in the county of Orange to enter into or change certain agreements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The county law is amended by adding a new section 279-c to 2 read as follows: 3 S 279-C. CERTAIN AGREEMENTS OF A COUNTY SEWER DISTRICT IN ORANGE COUN- 4 TY. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, A COUNTY SEWER 5 DISTRICT IN ORANGE COUNTY, ACTING THROUGH ITS ADMINISTRATIVE HEAD, IS 6 HEREBY AUTHORIZED AND EMPOWERED, FROM TIME TO TIME, TO ISSUE REQUESTS 7 FOR PROPOSALS, AND SUBSEQUENTLY TO ENTER INTO AGREEMENTS BASED UPON SUCH 8 REQUESTS FOR PROPOSALS, OR TO AMEND, SUPPLEMENT, MODIFY, CHANGE OR 9 EXTEND SUCH AGREEMENTS, INCLUDING BUT NOT LIMITED TO, CONTRACTS, LEASES, 10 RENTAL OR MANAGEMENT AGREEMENTS WITH, OR GRANT LICENSES, PERMITS, 11 CONCESSIONS OR ANY OTHER AUTHORIZATIONS TO, ANY PRIVATE CORPORATION, 12 PARTNERSHIP OR INDIVIDUAL, UPON SUCH TERMS AND CONDITIONS AND FOR SUCH 13 CONSIDERATION AND FOR SUCH TERM OR DURATION NOT TO EXCEED TWENTY-FIVE 14 YEARS, AS MAY BE AGREED UPON BY SAID ADMINISTRATIVE HEAD, WITH THE 15 APPROVAL OF THE COUNTY LEGISLATURE, WHEREIN SUCH PRIVATE ENTITY IS 16 GRANTED THE RIGHT TO DESIGN, CONSTRUCT, FINANCE, OPERATE, MAINTAIN, USE, 17 MANAGE, OCCUPY, LEASE, OWN, OR ANY OF THEM, ALL OR PART OF CERTAIN 18 FACILITIES IT OR THE DISTRICT OWNS OR WILL OWN AND TO CARRY ON ACTIV- 19 ITIES OR FURNISH SERVICES, IN WHOLE OR IN PART RELATIVE TO THE MANNER OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted. S. 1724--B 2 1 SEWERAGE AND WASTEWATER TREATMENT AND COLLECTION FOR THE DISTRICT ON 2 SITES APPROVED BY THE DISTRICT WHICH MAY EITHER BE OWNED BY THE 3 DISTRICT, THE COUNTY, OR PRIVATELY. THE DISTRICT, ONLY AFTER CONDUCTING 4 A COST/BENEFIT REVIEW ANALYZING THE EFFICACY OF SUCH AN ARRANGEMENT, MAY 5 ENTER INTO SUCH AGREEMENTS WITH A PRIVATE ENTITY BASED UPON A DETERMI- 6 NATION BY THE DISTRICT THAT THE SELECTED PROPOSAL IS THE MOST RESPONSIVE 7 TO THE DISTRICT`S REQUEST FOR PROPOSALS AND IS IN THE BEST INTEREST OF 8 THE DISTRICT, WITH THE OVERALL COST OF THE PROPOSAL BEING A MAJOR CRITE- 9 RION IN THE SELECTION. THE DISTRICT MAY NEGOTIATE WITH ANY PROPOSER. 10 THIS SECTION SHALL NOT BE CONSTRUED TO ALTER OR DIMINISH A DISTRICT`S 11 OBLIGATION TO PROVIDE WASTEWATER SERVICES, TO COMPLY WITH ALL APPLICABLE 12 ENVIRONMENTAL LAWS AND REGULATIONS, AND TO ADMINISTER THE DISTRICT`S 13 SERVICES, INCLUDING THE ASSESSMENT, LEVYING, AND COLLECTION OF THE 14 EXPENSES OF THE DISTRICT. SUCH FACILITIES, INCLUDING THEIR INFLUENT, 15 EFFLUENT, WASTE, AND BY-PRODUCTS, SHALL BE REGULATED AND PERMITTED AS IF 16 SUCH FACILITIES WERE FULLY OWNED AND OPERATED BY A MUNICIPALITY. 17 2. A PRIVATE ENTITY WHICH IS A PARTY TO SUCH AGREEMENT MAY BE GRANTED 18 THE RIGHTS HEREINBEFORE REFERRED TO FOR ANY PURPOSE OR PURPOSES WHICH 19 SHALL, BY UTILIZATION OF SUCH SEWERAGE AND WASTEWATER TREATMENT AND 20 COLLECTION FACILITIES, BENEFIT THE PEOPLE OF THE DISTRICT OR PROVIDE FOR 21 THE IMPROVEMENT OF THEIR HEALTH AND WELFARE OR AID AND UNDERTAKE OR 22 ASSIST IN THE FINANCING OF THE DESIGN, CONSTRUCTION, OPERATION OR MAIN- 23 TENANCE OF SUCH FACILITIES. THE DISTRICT SHALL NOT SELL TO ANY SUCH 24 PRIVATE ENTITY ANY EXISTING WASTEWATER TREATMENT FACILITY OF THE 25 DISTRICT. 26 3. THE BY-PRODUCTS, IF ANY, GENERATED BY THE FACILITY MAY BE SOLD, 27 UTILIZED OR OTHERWISE DISPOSED OF BY THE PRIVATE ENTITY PURSUANT TO THE 28 AGREEMENT, UPON SUCH TERMS AND CONDITIONS AND FOR SUCH CONSIDERATION AS 29 MAY BE AGREED UPON BY THE PARTIES THERETO. 30 4. EVERY AGREEMENT ENTERED INTO BETWEEN THE DISTRICT AND A PRIVATE 31 ENTITY, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, FOR THE 32 CONSTRUCTION OF A WASTEWATER TREATMENT FACILITY, SHALL REQUIRE THE 33 PAYMENT OF ALL APPLICABLE PREVAILING WAGES PURSUANT TO SECTION TWO 34 HUNDRED TWENTY OF THE LABOR LAW, SHALL REQUIRE THE FURNISHING TO THE 35 DISTRICT OF A PERFORMANCE BOND IN THE FULL AMOUNT OF THE COST OF SUCH 36 CONSTRUCTION, SHALL REQUIRE THAT EACH CONTRACTOR AND SUBCONTRACTOR 37 PERFORMING WORK ON SUCH CONSTRUCTION FURNISH A PAYMENT BOND IN THE FULL 38 AMOUNT OF ITS CONTRACT GUARANTEEING PROMPT PAYMENT OF MONIES THAT ARE 39 DUE TO ALL PERSONS FURNISHING LABOR AND MATERIALS TO SUCH CONTRACTOR OR 40 SUBCONTRACTOR, AND SHALL CONTAIN PROVISIONS THAT SUCH CONSTRUCTION, IF 41 IN EXCESS OF TWENTY THOUSAND DOLLARS, SHALL BE CONDUCTED PURSUANT TO 42 SECTION ONE HUNDRED ONE OF THE GENERAL MUNICIPAL LAW. A COPY OF THE 43 ABOVE MENTIONED PAYMENT AND PERFORMANCE BONDS SHALL BE KEPT BY THE 44 DISTRICT AND SHALL BE OPEN TO PUBLIC INSPECTION. 45 5. IT SHALL BE A MANDATORY TERM OF ANY AGREEMENT ENTERED INTO BETWEEN 46 THE DISTRICT AND A PRIVATE ENTITY, PURSUANT TO SUBDIVISION ONE OF THIS 47 SECTION, THAT ANY EMPLOYEE OF ORANGE COUNTY OR THE DISTRICT, THEN 48 PERFORMING OPERATION OR MAINTENANCE WORK AT AN EXISTING DISTRICT WASTE- 49 WATER TREATMENT FACILITY AT THE TIME OF SUCH AGREEMENT, MUST BE OFFERED 50 EMPLOYMENT BY ANY PRIVATE ENTITY ASSUMING OPERATION OR MAINTENANCE 51 RESPONSIBILITIES AT SUCH FACILITY AT NO LESS THAN THE WAGE THEN BEING 52 EARNED BY SUCH EMPLOYEE AND WITH EQUIVALENT BENEFITS. IF ANY SUCH 53 EMPLOYEE CHOOSES NOT TO ACCEPT SUCH OFFER OF EMPLOYMENT, SUCH EMPLOYEE 54 SHALL REMAIN A COUNTY OR DISTRICT EMPLOYEE SUBJECT TO THE SAME TERMS AND 55 CONDITIONS OF EMPLOYMENT AS IF THE OPERATION OR MAINTENANCE RESPONSIBIL- 56 ITIES HAD NOT BEEN ASSUMED BY SUCH PRIVATE ENTITY. S 2. This act shall take effect immediately. |