NY Cty L § 279-C (2021)
2021 New York Laws CNT - County Article 5-A - County Water, Sewer, Drainage and Refuse Districts 279-C - Certain Agreements of a County Sewer District in Orange County.

§  279-c.  Certain  agreements  of  a  county sewer district in Orange   county.  1. Notwithstanding the provisions of any other  law,  a  county   sewer district in Orange county, acting through its administrative head,   is hereby authorized and empowered, from time to time, to issue requests   for proposals, and subsequently to enter into agreements based upon such   requests  for  proposals,  or  to  amend,  supplement, modify, change or   extend such agreements, including but not limited to, contracts, leases,   rental or  management  agreements  with,  or  grant  licenses,  permits,   concessions  or  any  other  authorizations to, 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, finance, operate, maintain, use,   manage, occupy, lease, own, 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 section 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.2.  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 or   maintenance of such facilities.  The district shall not sell to any such   private  entity  any  existing  wastewater  treatment  facility  of  the   district.3.  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.4. Every agreement entered into between the  district  and  a  private   entity,   pursuant   to   subdivision  one  of  this  section,  for  the   construction of a  wastewater  treatment  facility,  shall  require  the   payment  of  all  applicable  prevailing  wages  pursuant to section two   hundred twenty 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   section one hundred one 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.5.  It shall be a mandatory term of any agreement entered into between   the district and a private entity, pursuant to subdivision one  of  this   section,  that  any  employee  of  Orange  county  or the district, then   performing  operation  or  maintenance  work  at  an  existing  district   wastewater  treatment  facility  at  the time of such agreement, must be   offered  employment  by  any  private  entity  assuming   operation   or   maintenance  responsibilities  at such facility at no less than the wage   then being earned by such employee and with equivalent benefits.  If any   such employee chooses not to  accept  such  offer  of  employment,  such   employee  shall remain a county or district employee subject to the same   terms and conditions of employment as if the  operation  or  maintenance   responsibilities had not been assumed by such private entity.