New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.11 - Executive order no. 11: establishing a commission to undertake a state asset analysis and recommend standards and legislation to maximize the value and use of such assets

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, alliances with the private sector can potentially
					 increase value to both public property and services by combining private sector
					 efficiencies with appropriate government oversight;
WHEREAS, the State has critical physical and non-physical
					 assets, including an extensive, aging transportation infrastructure, which
					 could be repaired, maintained, replaced, enhanced or financed through alliances
					 with the private sector;
WHEREAS, the State must develop an infrastructure
					 investment plan over the next ten years to ensure the safety and integrity of
					 our existing assets;
WHEREAS, strengthening the means by which the State
					 finances and delivers infrastructure projects will make the most of limited
					 resources during this climate of constrained funding;
WHEREAS, the State operates valuable assets and services
					 that could be maximized to better serve long term State needs;
WHEREAS, a recommendation should be made to the Legislature
					 and the Governor regarding specific State assets that could be maximized
					 through an alliance with the private sector;
WHEREAS, recommended standards must be developed for
					 potential alliances with the private sector to ensure the greatest benefit to
					 the State and to protect State workers and the environment;
WHEREAS, an appropriate procurement process should be
					 recommended to the Legislature and the Governor should the State enter into an
					 alliance with the private sector to maximize State assets.
NOW, THEREFORE, I, David A. Paterson, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 the laws on the State of New York, including section six  of the Executive Law,
					 do hereby establish the New York State Commission on State Asset Maximization,
					 and order as follows:
A. Definitions
1. "State agency" or "agency" shall mean any
				  State agency, department, office, board, commission or other instrumentality of
				  the State, other than a public authority.
2. "Public authority" or "authority" shall
				  mean a public authority or public benefit corporation created by or existing
				  under any State law, with one or more of its members appointed by the Governor
				  or who serve as members by virtue of holding a civil office of the State, other
				  than an interstate or international authority or public benefit corporation,
				  including any subsidiaries of such public authority or public benefit
				  corporation.
3. "Asset
				  maximization" means an arrangement between the State and one or more public or
				  private entities that relates to the development, financing, maintenance,
				  securitization, monetization or operation of a State asset.
4. "State asset" means any infrastructure,
				  property, real property, intellectual property, facility, revenue, payment or
				  service owned or provided by a State agency, public authority or public benefit
				  corporation.
5. "User fees" means
				  rates, tolls, fares, rentals, fees, or other charges imposed for or associated
				  with the use or operation of all or a portion of a State asset.