Bill Text: NY A05832 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides that public benefit corporations can enter into cooperative agreements with municipal corporations, districts and other public benefit corporations for the performance of any of the respective functions, powers or duties of the respective participants in the cooperative agreement.
Spectrum: Partisan Bill (Republican 18-0)
Status: (Introduced - Dead) 2016-02-02 - held for consideration in local governments [A05832 Detail]
Download: New_York-2015-A05832-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5832
2015-2016 Regular Sessions
I N A S S E M B L Y
March 5, 2015
___________
Introduced by M. of A. OAKS, CORWIN, FINCH, HAWLEY, WALTER, NOJAY --
Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH, CROUCH, DiPIE-
TRO, DUPREY, GIGLIO, GOODELL, KOLB, LALOR, McKEVITT, MONTESANO,
PALMESANO, STEC -- read once and referred to the Committee on Local
Governments
AN ACT to amend the general municipal law, in relation to authorizing
participation by public benefit corporations in intermunicipal agree-
ments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 119-o of the general municipal law, as added by
2 chapter 102 of the laws of 1960, the section heading as amended and
3 subdivision 3 as added by chapter 605 of the laws of 1993, subdivision 1
4 as amended by chapter 150 of the laws of 2013, subdivision 2 as desig-
5 nated and the opening paragraph and paragraphs b, c, g, h, i and l of
6 subdivision 2 as amended by chapter 681 of the laws of 1961, paragraph a
7 of subdivision 2 as amended by section 33 of part X of chapter 62 of the
8 laws of 2003, paragraph j of subdivision 2 as amended by chapter 620 of
9 the laws of 1996 and paragraph m of subdivision 2 as added by chapter
10 236 of the laws of 1974, is amended to read as follows:
11 S 119-o. Performance of municipal cooperative activities; alternative
12 powers; alternative assignment of responsibilities. 1. In addition to
13 any other general or special powers vested in municipal corporations
14 [and], districts AND PUBLIC BENEFIT CORPORATIONS for the performance of
15 their respective functions, powers or duties on an individual, cooper-
16 ative, joint or contract basis, municipal corporations [and], districts
17 AND PUBLIC BENEFIT CORPORATIONS shall have power to enter into, amend,
18 cancel and terminate agreements for the performance among themselves or
19 one for the other of their respective functions, powers and duties on a
20 cooperative or contract basis or for the provision of a joint service or
21 a joint water, sewage or drainage project. Notwithstanding the foregoing
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05897-01-5
A. 5832 2
1 grant of authority, the temporary investment of moneys by more than one
2 municipal corporation [or], district OR PUBLIC BENEFIT CORPORATION
3 pursuant to a municipal cooperation agreement which meets the definition
4 of "cooperative investment agreement" as set forth in article three-A of
5 this chapter shall be in compliance with all of the requirements of that
6 article. Any agreement entered into hereunder shall be approved by each
7 participating municipal corporation [or], district OR PUBLIC BENEFIT
8 CORPORATION by a majority vote of the voting strength of its governing
9 body. Where the authority of any municipal corporation [or], district OR
10 PUBLIC BENEFIT CORPORATION to perform by itself any function, power and
11 duty or to provide by itself any facility, service, activity, project or
12 undertaking or the financing thereof is, by any other general or special
13 law, subject to a public hearing, a mandatory or permissive referendum,
14 consents of governmental agencies, or other requirements applicable to
15 the making of contracts, then its right to participate in an agreement
16 hereunder shall be similarly conditioned. Municipal corporations [and],
17 districts AND PUBLIC BENEFIT CORPORATIONS shall also have the power to
18 enter into, amend, cancel and terminate agreements with a soil and water
19 conservation district established under the soil and water conservation
20 districts law for the performance among themselves or one for the other
21 of their respective functions, powers and duties on a cooperative or
22 contract basis or for the provision of a joint service or a joint
23 project; provided, however, that the exercise of any powers and duties
24 under this article by a soil and water conservation district shall be
25 subject to the powers, duties and limitations in section nine of the
26 soil and water conservation districts law.
27 2. An agreement may contain provisions relating to:
28 a. A method or formula for equitably providing for and allocating
29 revenues and for equitably allocating and financing the capital and
30 operating costs, including payments to reserve funds authorized by law
31 and payments of principal and interest on obligations. Such method or
32 formula shall be established by the participating corporations [or],
33 districts OR PUBLIC BENEFIT CORPORATIONS on a ratio of full valuations
34 of real property, or on the basis of the amount of services rendered or
35 to be rendered, or benefits received or conferred or to be received or
36 conferred, or on the increase in taxable assessed value attributable to
37 the function, facility, service, activity or project which is the
38 subject of an agreement, or on any other equitable basis, including the
39 levying of taxes or assessments to pay such costs on the entire area of
40 the corporation [or], district OR PUBLIC BENEFIT CORPORATIONS, or on a
41 part thereof, which is benefited or which receives the service.
42 b. The manner of employing, engaging, compensating, transferring or
43 discharging necessary personnel, subject, however, to the provisions of
44 the civil service law where applicable; the making of employer's
45 contributions for retirement, social security, health insurance, [work-
46 men's] WORKERS' compensation and other similar benefits; the approval of
47 attendances at conventions, conferences and schools for public officials
48 and the approval and payment of travel and other expenses incurred in
49 the performance of official duties; the bonding of designated officers
50 and employees; the filing of oaths of office and resignations consistent
51 with general laws applicable thereto; provisions that for specific
52 purposes designated officers or employees of the joint service or a
53 joint water, sewage or drainage project shall be deemed those of a spec-
54 ified participating corporation [or], district OR PUBLIC BENEFIT CORPO-
55 RATION; and provisions that personnel assigned to a joint service or a
56 joint water, sewage or drainage project shall possess the same powers,
A. 5832 3
1 duties, immunities and privileges they would ordinarily possess (1) if
2 they performed their duties only in the corporation [or], district OR
3 PUBLIC BENEFIT CORPORATION by which they are employed or (2) if they
4 were employed by the corporation [or], district OR PUBLIC BENEFIT CORPO-
5 RATION in which they are required to perform their duties.
6 c. Responsibility for the establishment, operation and maintenance of
7 the joint service or joint water, sewage or drainage project and the
8 officers responsible for the immediate supervision and control thereof;
9 the fixing and collecting of charges, rates, rents or fees, where appro-
10 priate, and the making and promulgation of necessary rules and regu-
11 lations and their enforcement by or with the assistance of the partic-
12 ipating corporations [and], districts AND PUBLIC BENEFIT CORPORATIONS;
13 the conduct of hearings and the determination of issues raised thereat;
14 the making of necessary inspections; the keeping of records and the
15 making of reports including those required by article three of [the
16 general municipal law] THIS CHAPTER; and limitations or restrictions on
17 individual participating corporations [and], districts AND PUBLIC BENE-
18 FIT CORPORATIONS from providing or undertaking similar or competing
19 facilities, services, activities, projects, or undertakings.
20 d. Purchasing and making of contracts subject to general laws applica-
21 ble to municipal corporations [and], school districts AND PUBLIC BENEFIT
22 CORPORATIONS.
23 e. Acquisition, ownership, custody, operation, maintenance, lease or
24 sale of real or personal property.
25 f. Acceptance of gifts, grants or bequests.
26 g. Making of claims for federal or state aid payable to the individual
27 or several participants on account of the joint service or a joint
28 water, sewage or drainage project.
29 h. Custody by the fiscal officer of one participant of any or all
30 moneys made available for expenditure for the joint service or a joint
31 water, sewage or drainage project and authorization to such fiscal offi-
32 cer to make payments on audit of the auditing official or body of the
33 participating corporation [or], district OR PUBLIC BENEFIT CORPORATION
34 of which he is the fiscal officer.
35 i. Manner of responding for any liabilities that might be incurred in
36 the operation of the joint service or a joint water, sewage or drainage
37 project and insuring against any such liability.
38 j. Procedure for periodic review of the terms and conditions of the
39 agreement, including those relating to its duration, extension or termi-
40 nation. The duration of an agreement hereinafter entered into, unless
41 otherwise provided by law, may extend up to a maximum term of five
42 years. With respect to agreements, the performance of which involves
43 the issuance by the participants of indebtedness, either joint or
44 several, the term of the agreement may extend up to a maximum period of
45 time equal to the period of probable usefulness established by section
46 11.00 of the local finance law in connection with the object or purpose
47 for which the indebtedness was issued. Nothing [herein] contained IN
48 THIS SECTION shall prevent or prohibit either the renewal of agreements
49 upon conclusion of the terms established, or amendments, modifications,
50 clarifications, or cancellations of agreements prior to conclusion of
51 the terms established.
52 k. Adjudication of disputes or disagreements, the effects of failure
53 of participating corporations [or], districts OR PUBLIC BENEFIT CORPO-
54 RATIONS to pay their shares of the costs and expenses and the rights of
55 the other participants in such cases.
A. 5832 4
1 l. Other matters as are reasonably necessary and proper to effectuate
2 and progress the joint service or a joint water, sewage or drainage
3 project.
4 m. A municipality may contract with another municipality or with a
5 municipal housing authority of another municipality, for the
6 construction, maintenance, operation or management of a public housing
7 project.
8 3. Municipal corporations are authorized as provided herein to adopt a
9 mutual sharing plan in order to undertake or receive any joint service
10 on behalf of or by another municipal corporation which has adopted a
11 mutual sharing plan. Services provided pursuant to such mutual sharing
12 plan shall be subject to the alternative assignment of responsibility
13 for certain expenses and liabilities relating to such joint service as
14 provided by this subdivision.
15 a. A governing body may adopt a mutual sharing plan by local law,
16 resolution or bylaw to confer the benefits of this section upon the
17 employees of such municipal corporation and to be held liable for the
18 costs incurred in the event of participation in a joint service with
19 another municipal corporation which has adopted a mutual sharing plan.
20 Such plan shall describe the officers or employees authorized to under-
21 take or authorize receipt of a joint service pursuant to the mutual
22 sharing plan, any limitations upon joint services which may be rendered
23 or received pursuant to it, and how and when notice of joint services
24 rendered or received pursuant to it shall be provided to the governing
25 body.
26 b. Upon adoption of a mutual sharing plan, a municipal corporation may
27 undertake or receive a joint service with another municipal corporation
28 which has adopted a mutual sharing plan. The municipal corporation
29 requesting the assistance of another municipal corporation pursuant to a
30 mutual sharing plan shall be liable and responsible to the assisting
31 municipal corporation for any loss of or damage to equipment employed in
32 provision of such joint service or use of supplies upon provision of
33 such joint service. Each municipal corporation shall be liable for sala-
34 ries and other compensation due to their own employees for the time the
35 employees are undertaking the joint service pursuant to a mutual sharing
36 plan, however the municipal corporation receiving the service shall
37 reimburse the assisting municipal corporation for actual and necessary
38 expenses upon written notice of such claim.
39 c. The authority to adopt a mutual sharing plan and to undertake joint
40 services pursuant to it shall be in addition to any other power or
41 authority conferred on municipal corporations pursuant to this article
42 or any other general or special law. A joint service may not be rendered
43 pursuant to a mutual sharing plan where another agreement has been
44 entered into pursuant to this section for such service between the
45 assisting and receiving municipal corporations.
46 S 2. This act shall take effect immediately.
