S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2877

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, P. RIVERA -- read once and referred
  to the Committee on Ways and Means

AN ACT to amend the state finance law, in relation to the regulation  of
  public-private partnerships

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title.  This act shall be known and may be  cited  as
the "public-private partnership disclosure act".
  S  2.  Legislative  findings and purpose. The legislature hereby finds
that agreements between state entities and commercial entities known  as
"public-private  partnerships" whereby private monies are made available
for public purposes can  be  beneficial  and  in  the  public  interest.
However, the legislature further finds that such partnerships generating
and  expending  funds  outside of the normal state budgetary process may
distort properly enacted public priorities. In addition, the legislature
finds that such partnerships if not created  with  full  disclosure  and
full  opportunity  for  public  comment  have the potential for creating
conflicts of interest. Therefore, it is the purpose of  the  legislature
to  provide for the establishment of standards and requirements for full
disclosure and public comment for public-private partnerships.
  S 3. The state finance law is amended by adding a new section 136-d to
read as follows:
  S 136-D. PUBLIC-PRIVATE PARTNERSHIPS. 1. AS USED IN THIS SECTION,  THE
TERM  "PUBLIC-PRIVATE PARTNERSHIP" OR "PARTNERSHIP" SHALL MEAN AN AGREE-
MENT BETWEEN A STATE AGENCY  AND  A  CORPORATION,  PARTNERSHIP,  LIMITED
LIABILITY COMPANY OR OTHER PRIVATE COMMERCIAL ENTITY UNDER WHICH PRIVATE
MONIES  IN  AN AMOUNT OF MORE THAN FIVE THOUSAND DOLLARS ARE MADE AVAIL-
ABLE FOR A PUBLIC CAPITAL PROJECT, A PUBLIC PROGRAM OR TO UNDERWRITE THE
COST OF PUBLIC PERSONNEL IN RETURN FOR CONSIDERATION INCLUDING  BUT  NOT
LIMITED  TO NOTICE OR DISPLAY OF THE NAME OR LOGO OF THE PROVIDER OF THE
PRIVATE MONIES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06250-01-9
              

A. 2877                             2

  2. NO STATE AGENCY  SHALL  ENTER  INTO  A  PUBLIC-PRIVATE  PARTNERSHIP
AGREEMENT  UNLESS  IT HAS PROMULGATED RULES AND REGULATIONS ESTABLISHING
STANDARDS AND PROCEDURES FOR SUCH PARTNERSHIPS.  SUCH  RULES  AND  REGU-
LATIONS SHALL INCLUDE BUT NEED NOT BE LIMITED TO PROVISIONS FOR COST-BE-
NEFIT  ANALYSIS  OF PARTNERSHIP PROPOSALS, REVIEW OF THE IMPACT OF PART-
NERSHIP ARRANGEMENTS ON  ESTABLISHED  POLICIES  AND  PRIORITIES  OF  THE
AGENCY,  ADVERTISEMENT  AND  SOLICITATION OF BIDS FOR COMPETING OR OTHER
PRIVATE ENTITIES TO DETERMINE THE MOST ADVANTAGEOUS PARTNERSHIP ARRANGE-
MENT, THE PUBLIC DISCLOSURE OF CAMPAIGN CONTRIBUTIONS TO CANDIDATES  FOR
STATE  ELECTED  OFFICES IN THE PRECEDING FOUR YEARS BY THE PRIVATE PART-
NERSHIP ENTITY INCLUDING DIRECTORS AND OFFICERS THEREOF,  PUBLIC  NOTICE
NOT  LESS THAN FORTY-FIVE DAYS BEFORE ENTERING INTO A PARTNERSHIP AGREE-
MENT AND REASONABLE OPPORTUNITY FOR  PUBLIC  COMMENT.  REQUIREMENTS  AND
PROCEDURES  ESTABLISHED  IN SUCH RULES AND REGULATIONS SHALL BE IN ADDI-
TION TO EXISTING REQUIREMENTS IN LAW.
  3. IN ANY YEAR THAT A STATE AGENCY ENTERS INTO ONE OR MORE PUBLIC-PRI-
VATE PARTNERSHIPS, IT SHALL PREPARE AND SUBMIT TO  THE  LEGISLATURE  AND
THE  GOVERNOR  A  REPORT  FULLY  DESCRIBING THE PARTNERSHIP ARRANGEMENT,
IDENTIFYING THE PUBLIC BENEFIT THEREFROM AND ANY IMPACT IT MAY HAVE  HAD
ON  THE  PRIORITIES AND ACTIVITIES OF THE REPORTING AGENCY.  SUCH REPORT
SHALL BE SUBMITTED ON OR BEFORE MARCH FIRST FOR THE  PRECEDING  CALENDAR
YEAR.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however that the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed  to
be made and completed on or before such date.