S T A T E  O F  N E W  Y O R K ________________________________________________________________________

S.7354--C A.11274--C

S E N A T E - A S S E M B L Y

May 3, 2002

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IN SENATE -- Introduced by Sen. MORAHAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of A. Colman, Gromack, Calhoun) -- read once and referred to the Committee on Local Governments -- 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

AN ACT in relation to authorizing the building of a wastewater treatment plant in the county of Rockland by a private company

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Notwithstanding the provisions of any other law to the contrary, a county sewer district in Rockland county, acting through its administrative head, is hereby authorized and empowered to issue a request for proposals, and subsequently to enter into agreements based upon such request for proposals, or to amend, supplement, modify, change or extend such agreements, including but not limited to, contracts, with any private corporation, partnership or individual, upon such terms and conditions and for such consideration and for such term or duration not to exceed twenty-five years, as may be agreed upon by said administrative head, with the approval of the county legislature, wherein such private entity is granted the right to design, construct, operate, maintain, manage, use, occupy or any of them, all or part of certain facilities it or the district owns or will own and to carry on activities or furnish services, in whole or in part relative to the manner of sewerage and wastewater treatment and collection for the district on sites approved by the district which may either be owned by the district, the county, or privately. The district, only after conducting a cost/benefit review analyzing the efficacy of such an arrangement, may enter into such agreements with a private entity based upon a determination by the district that the selected proposal is the most responsive to the district`s request for proposals and is in the best interest of the district, with the overall cost of the proposal being a major criterion in the selection. The district may negotiate with any proposer. This act shall not be construed to alter or diminish a district`s obligation to provide wastewater services, to comply with all applicable environmental laws and regulations, and to administer the district`s services, including the assessment, levying, and collection of the expenses of the district. Such facilities, including their influent, effluent, waste, and by-products, shall be regulated and permitted as if such facilities were fully owned and operated by a municipality.

A private entity which is a party to such agreement may be granted the rights hereinbefore referred to for any purpose or purposes which shall, by utilization of such sewerage and wastewater treatment and collection facilities, benefit the people of the district or provide for the improvement of their health and welfare or aid and undertake or assist in the financing of the design, construction, operation, maintenance, and management of such facilities. The district shall not sell to any such private entity any existing wastewater treatment facility of the district.

All existing sewerage and wastewater operations currently operated, maintained and repaired by the county of Rockland shall continue to be so operated, maintained and repaired by county employees. There shall be no loss of county positions as a result of this legislation.

The by-products, if any, generated by the facility may be sold, utilized or otherwise disposed of by the private entity pursuant to the agreement, upon such terms and conditions and for such consideration as may be agreed upon by the parties thereto.

Every agreement entered into between the district and a private entity, pursuant to the provisions of this act, for the construction of a wastewater treatment facility, shall require the payment of all applicable prevailing wages pursuant to section 220 of the labor law, shall require the furnishing to the district of a performance bond in the full amount of the cost of such construction, shall require that each contractor and subcontractor performing work on such construction furnish a payment bond in the full amount of its contract guaranteeing prompt payment of monies that are due to all persons furnishing labor and materials to such contractor or subcontractor, and shall contain provisions that such construction, if in excess of twenty thousand dollars, shall be conducted pursuant to sections 101 and 103 of the general municipal law. A copy of the above mentioned payment and performance bonds shall be kept by the district and shall be open to public inspection.

A private entity that contracts with the county of Rockland to design and construct a new advanced wastewater treatment facility shall operate, maintain and repair said facility for a period of five years at which time the operations, maintenance and repairs shall be performed by county of Rockland employees. Said employees shall be fully trained to assume the operations of said plant by the employer as deemed necessary.

Every agreement entered into between the county of Rockland or any Rockland county water or sewer district and a private entity, pursuant to this section for the construction of a water treatment facility shall require a project labor agreement as an incident of any contract. As used in this section, "project labor agreement" shall mean a pre-hire agreement pursuant to 29 U.S.C. Section 158 (f) negotiated by a person and a union or unions.

S 2. This act shall take effect immediately.