2023 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.