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

                                  6638

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2013
                               ___________

Introduced by M. of A. OAKS, CORWIN, FINCH, HAWLEY -- Multi-Sponsored by
  -- M. of A. BARCLAY, CROUCH, DUPREY, GOODELL, JORDAN, KOLB, MONTESANO,
  PALMESANO  -- read once and referred to the Committee on Local Govern-
  ments

AN ACT to amend the general municipal law, in  relation  to  authorizing
  participation  by public benefit corporations in intermunicipal agree-
  ments

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

  Section  1.  Section  119-o  of the general municipal law, as added by
chapter 102 of the laws of 1960, the  section  heading  as  amended  and
subdivision 3 as added by chapter 605 of the laws of 1993, subdivision 1
as  amended  by chapter 623 of the laws of 1998, subdivision 2 as desig-
nated and the opening paragraph and paragraphs b, c, g, h, i  and  l  of
subdivision 2 as amended by chapter 681 of the laws of 1961, paragraph a
of subdivision 2 as amended by section 33 of part X of chapter 62 of the
laws  of 2003, paragraph j of subdivision 2 as amended by chapter 620 of
the laws of 1996 and paragraph m of subdivision 2 as  added  by  chapter
236 of the laws of 1974, is amended to read as follows:
  S  119-o. Performance of municipal cooperative activities; alternative
powers; alternative assignment of responsibilities.  1. In  addition  to
any  other  general  or special powers vested in municipal  corporations
[and], districts AND PUBLIC BENEFIT CORPORATIONS for the performance  of
their respective functions, powers or duties on  an  individual, cooper-
ative,    joint  or    contract  basis,  municipal  corporations  [and],
districts AND PUBLIC BENEFIT CORPORATIONS  shall  have  power  to  enter
into,  amend,  cancel and terminate agreements for the performance among
themselves or one for the other of  their respective  functions,  powers
and    duties    on   a   cooperative   or   contract basis   or for the
provision of a joint service  or  a  joint  water,  sewage  or  drainage
project.  Notwithstanding  the foregoing grant of authority, the  tempo-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04245-01-3
              

A. 6638                             2

rary  investment  of moneys   by   more   than one municipal corporation
[or], district  OR PUBLIC BENEFIT CORPORATION pursuant   to a  municipal
cooperation agreement which meets the definition of "cooperative invest-
ment agreement" as set forth in article three-A of this chapter shall be
in  compliance  with all of the requirements of that article. Any agree-
ment entered into hereunder shall  be  approved  by  each  participating
municipal  corporation [or], district OR PUBLIC BENEFIT CORPORATION by a
majority vote  of  the  voting  strength of its governing body.    Where
the  authority  of  any  municipal  corporation [or], district OR PUBLIC
BENEFIT CORPORATION to perform by itself any function, power and duty or
to provide by itself any facility,  service,    activity,    project  or
undertaking  or  the  financing  thereof  is,  by  any  other general or
special  law, subject to a public hearing,  a  mandatory  or  permissive
referendum, consents of governmental  agencies,  or  other  requirements
applicable  to the making of contracts, then its right to participate in
an agreement hereunder shall be similarly conditioned.
  2. An agreement may contain provisions relating to:
  a.  A  method  or  formula  for equitably providing for and allocating
revenues and for equitably allocating  and  financing  the  capital  and
operating  costs,  including payments to reserve funds authorized by law
and payments of principal and interest on obligations.  Such  method  or
formula  shall  be  established  by the participating corporations [or],
districts OR PUBLIC BENEFIT CORPORATIONS on a ratio of  full  valuations
of  real property, or on the basis of the amount of services rendered or
to be rendered, or benefits received or conferred or to be  received  or
conferred,  or on the increase in taxable assessed value attributable to
the function, facility,  service,  activity  or  project  which  is  the
subject  of an agreement, or on any other equitable basis, including the
levying of taxes or assessments to pay such costs on the entire area  of
the  corporation  [or], district OR PUBLIC BENEFIT CORPORATIONS, or on a
part thereof, which is benefited or which receives the service.
  b. The manner of employing, engaging,  compensating,  transferring  or
discharging  necessary personnel, subject, however, to the provisions of
the civil  service  law  where  applicable;  the  making  of  employer's
contributions  for retirement, social security, health insurance, [work-
men's] WORKERS' compensation and other similar benefits; the approval of
attendances at conventions, conferences and schools for public officials
and the approval and payment of travel and other  expenses  incurred  in
the  performance  of official duties; the bonding of designated officers
and employees; the filing of oaths of office and resignations consistent
with general laws  applicable  thereto;  provisions  that  for  specific
purposes  designated  officers  or  employees  of the joint service or a
joint water, sewage or drainage project shall be deemed those of a spec-
ified participating corporation [or], district OR PUBLIC BENEFIT  CORPO-
RATION;  and  provisions that personnel assigned to a joint service or a
joint water, sewage or drainage project shall possess the  same  powers,
duties,  immunities  and privileges they would ordinarily possess (1) if
they performed their duties only in the corporation  [or],  district  OR
PUBLIC  BENEFIT  CORPORATION  by  which they are employed or (2) if they
were employed by the corporation [or], district OR PUBLIC BENEFIT CORPO-
RATION in which they are required to perform their duties.
  c. Responsibility for the establishment, operation and maintenance  of
the  joint  service  or  joint water, sewage or drainage project and the
officers responsible for the immediate supervision and control  thereof;
the fixing and collecting of charges, rates, rents or fees, where appro-
priate,  and  the  making  and promulgation of necessary rules and regu-

A. 6638                             3

lations and their enforcement by or with the assistance of  the  partic-
ipating  corporations  [and], districts AND PUBLIC BENEFIT CORPORATIONS;
the conduct of hearings and the determination of issues raised  thereat;
the  making  of  necessary  inspections;  the keeping of records and the
making of reports including those required  by  article  three  of  [the
general  municipal law] THIS CHAPTER; and limitations or restrictions on
individual participating corporations [and], districts AND PUBLIC  BENE-
FIT  CORPORATIONS  from  providing  or  undertaking similar or competing
facilities, services, activities, projects, or undertakings.
  d. Purchasing and making of contracts subject to general laws applica-
ble to municipal corporations [and], school districts AND PUBLIC BENEFIT
CORPORATIONS.
  e. Acquisition, ownership, custody, operation, maintenance,  lease  or
sale of real or personal property.
  f. Acceptance of gifts, grants or bequests.
  g. Making of claims for federal or state aid payable to the individual
or  several  participants  on  account  of  the joint service or a joint
water, sewage or drainage project.
  h. Custody by the fiscal officer of one  participant  of  any  or  all
moneys  made  available for expenditure for the joint service or a joint
water, sewage or drainage project and authorization to such fiscal offi-
cer to make payments on audit of the auditing official or  body  of  the
participating  corporation  [or], district OR PUBLIC BENEFIT CORPORATION
of which he is the fiscal officer.
  i. Manner of responding for any liabilities that might be incurred  in
the  operation of the joint service or a joint water, sewage or drainage
project and insuring against any such liability.
  j.  Procedure for periodic review of the terms and conditions  of  the
agreement, including those relating to its duration, extension or termi-
nation.    The duration of an agreement hereinafter entered into, unless
otherwise provided by law, may extend up  to  a  maximum  term  of  five
years.  With  respect  to agreements, the  performance of which involves
the issuance by  the  participants  of  indebtedness,  either  joint  or
several,  the term of the agreement may extend up to a maximum period of
time equal to the period of probable usefulness  established by  section
11.00  of the local finance law in connection with the object or purpose
for which the indebtedness was issued.  Nothing  [herein]  contained  IN
THIS SECTION shall prevent or prohibit either the renewal  of agreements
upon conclusion of the terms established, or amendments,  modifications,
clarifications,  or  cancellations  of agreements prior to conclusion of
the terms established.
  k. Adjudication of disputes or disagreements, the effects  of  failure
of  participating  corporations [or], districts OR PUBLIC BENEFIT CORPO-
RATIONS to pay their shares of the costs and expenses and the rights  of
the other participants in such cases.
  l.  Other matters as are reasonably necessary and proper to effectuate
and progress the joint service or a  joint  water,  sewage  or  drainage
project.
  m.  A  municipality  may  contract with another municipality or with a
municipal  housing  authority   of   another   municipality,   for   the
construction,  maintenance,  operation or management of a public housing
project.
  3. Municipal corporations are authorized as provided herein to adopt a
mutual sharing plan in order to undertake or receive any  joint  service
on  behalf  of  or  by another municipal corporation which has adopted a
mutual sharing plan. Services provided pursuant to such  mutual  sharing

A. 6638                             4

plan  shall  be  subject to the alternative assignment of responsibility
for certain expenses and liabilities relating to such joint  service  as
provided by this subdivision.
  a.  A  governing  body  may  adopt a mutual sharing plan by local law,
resolution or bylaw to confer the benefits  of  this  section  upon  the
employees  of  such  municipal corporation and to be held liable for the
costs incurred in the event of participation in  a  joint  service  with
another  municipal  corporation which has adopted a mutual sharing plan.
Such plan shall describe the officers or employees authorized to  under-
take  or  authorize  receipt  of  a joint service pursuant to the mutual
sharing plan, any limitations upon joint services which may be  rendered
or  received  pursuant  to it, and how and when notice of joint services
rendered or received pursuant to it shall be provided to  the  governing
body.
  b. Upon adoption of a mutual sharing plan, a municipal corporation may
undertake  or receive a joint service with another municipal corporation
which has adopted a  mutual  sharing  plan.  The  municipal  corporation
requesting the assistance of another municipal corporation pursuant to a
mutual  sharing  plan  shall  be liable and responsible to the assisting
municipal corporation for any loss of or damage to equipment employed in
provision of such joint service or use of  supplies  upon  provision  of
such joint service. Each municipal corporation shall be liable for sala-
ries  and other compensation due to their own employees for the time the
employees are undertaking the joint service pursuant to a mutual sharing
plan, however the municipal  corporation  receiving  the  service  shall
reimburse  the  assisting municipal corporation for actual and necessary
expenses upon written notice of such claim.
  c. The authority to adopt a mutual sharing plan and to undertake joint
services pursuant to it shall be in  addition  to  any  other  power  or
authority  conferred  on municipal corporations pursuant to this article
or any other general or special law. A joint service may not be rendered
pursuant to a mutual sharing  plan  where  another  agreement  has  been
entered  into  pursuant  to  this  section  for such service between the
assisting and receiving municipal corporations.
  S 2. This act shall take effect immediately.