N.Y. CNT Law § 279-C — New York Code / Act CNT / Article 5-A / Section 279-C
Certain agreements of a county sewer district in Orange county
Status: in_force

§ 279-c. Certain agreements of a county sewer district in Orange\ncounty.  1. Notwithstanding the provisions of any other law, a county\nsewer district in Orange county, acting through its administrative head,\nis hereby authorized and empowered, from time to time, to issue requests\nfor proposals, and subsequently to enter into agreements based upon such\nrequests for proposals, or to amend, supplement, modify, change or\nextend such agreements, including but not limited to, contracts, leases,\nrental or management agreements with, or grant licenses, permits,\nconcessions or any other authorizations to, any private corporation,\npartnership or individual, upon such terms and conditions and for such\nconsideration and for such term or duration not to exceed twenty-five\nyears, as may be agreed upon by said administrative head, with the\napproval of the county legislature, wherein such private entity is\ngranted the right to design, construct, finance, operate, maintain, use,\nmanage, occupy, lease, own, or any of them, all or part of certain\nfacilities it or the district owns or will own and to carry on\nactivities or furnish services, in whole or in part relative to the\nmanner of sewerage and wastewater treatment and collection for the\ndistrict on sites approved by the district which may either be owned by\nthe district, the county, or privately. The district, only after\nconducting a cost/benefit review analyzing the efficacy of such an\narrangement, may enter into such agreements with a private entity based\nupon a determination by the district that the selected proposal is the\nmost responsive to the district's request for proposals and is in the\nbest interest of the district, with the overall cost of the proposal\nbeing a major criterion in the selection. The district may negotiate\nwith any proposer.  This section shall not be construed to alter or\ndiminish a district's obligation to provide wastewater services, to\ncomply with all applicable environmental laws and regulations, and to\nadminister the district's services, including the assessment, levying,\nand collection of the expenses of the district.  Such facilities,\nincluding their influent, effluent, waste, and by-products, shall be\nregulated and permitted as if such facilities were fully owned and\noperated by a municipality.\n  2. A private entity which is a party to such agreement may be granted\nthe rights hereinbefore referred to for any purpose or purposes which\nshall, by utilization of such sewerage and wastewater treatment and\ncollection facilities, benefit the people of the district or provide for\nthe improvement of their health and welfare or aid and undertake or\nassist in the financing of the design, construction, operation or\nmaintenance of such facilities.  The district shall not sell to any such\nprivate entity any existing wastewater treatment facility of the\ndistrict.\n  3. The by-products, if any, generated by the facility may be sold,\nutilized or otherwise disposed of by the private entity pursuant to the\nagreement, upon such terms and conditions and for such consideration as\nmay be agreed upon by the parties thereto.\n  4. Every agreement entered into between the district and a private\nentity, pursuant to subdivision one of this section, for the\nconstruction of a wastewater treatment facility, shall require the\npayment of all applicable prevailing wages pursuant to section two\nhundred twenty of the labor law, shall require the furnishing to the\ndistrict of a performance bond in the full amount of the cost of such\nconstruction, shall require that each contractor and subcontractor\nperforming work on such construction furnish a payment bond in the full\namount of its contract guaranteeing prompt payment of monies that are\ndue to all persons furnishing labor and materials to such contractor or\nsubcontractor, and shall contain provisions that such construction, if\nin excess of twenty thousand dollars, shall be conducted pursuant to\nsection one hundred one of the general municipal law.  A copy of the\nabove mentioned payment and performance bonds shall be kept by the\ndistrict and shall be open to public inspection.\n  5. It shall be a mandatory term of any agreement entered into between\nthe district and a private entity, pursuant to subdivision one of this\nsection, that any employee of Orange county or the district, then\nperforming operation or maintenance work at an existing district\nwastewater treatment facility at the time of such agreement, must be\noffered employment by any private entity assuming operation or\nmaintenance responsibilities at such facility at no less than the wage\nthen being earned by such employee and with equivalent benefits.  If any\nsuch employee chooses not to accept such offer of employment, such\nemployee shall remain a county or district employee subject to the same\nterms and conditions of employment as if the operation or maintenance\nresponsibilities had not been assumed by such private entity.\n