NY State Senate Bill 2015-S7286

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2016	referred to corporations, authorities and commissions

2015-S7286 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §2882, Pub Auth L

2015-S7286 (ACTIVE) - Summary

Establishes public authority enterprise shared services which authorizes each state authority to provide cooperatively with one or more other state authorities any facility, service, activity or undertaking which each participating state authority has the power to provide separately within its respective powers, functions and duties; makes related provisions.

2015-S7286 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7286

 TITLE OF BILL :

An act to amend the public authorities law, in relation to enterprise
shared service opportunities

 PURPOSE :

The bill would further the State's ongoing interest to find
efficiencies in carrying out governmental functions by authorizing and
facilitating cooperation by and among State authorities through
enterprise shared services agreements.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would set forth the legislative intent of the
bill, which recognizes the State's on-going interest in finding
efficiencies in carrying out government functions through enterprise
shared service opportunities.

Section 2 of the bill would create a new Public Authorities Law
("PAL") § 2882 to authorize State authorities to provide,
cooperatively, any facility, service, activity or undertaking which
each authority has the power to provide separately. It would authorize
State authorities to enter into cooperative agreements for the

performance among themselves of their respective functions, powers and
duties for the provision of services or undertakings within their
respective functions. An agreement entered into pursuant to this
section shall not be deemed to be the result of a procurement that is
not competitive. Moreover, nothing in this section would authorize a
state authority to delegate its existing powers to any other
authority.

Section 3 of the bill would make it effective immediately.

 JUSTIFICATION :

The State relies on State authorities to accomplish a wide array of
functions, including, by way of example, financing, construction,
environmental facilities, economic development, energy and energy
research, transportation and disaster recovery. However, State
authorities are not currently authorized to render services to each
other in all instances.

This bill would encourage collaboration by State authorities by
granting a general authorization for inter-governmental cooperation at
the State authority level, thereby streamlining the efficient sharing
of public authority resources and expertise for the benefit of the
State's residents. Shared services and collaboration among public
authorities can facilitate cost-effective solutions by removing
roadblocks and promoting cooperation among and between State
authorities to more effectively serve the residents of the State.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S7286 (ACTIVE) - Bill Text download pdf

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

                                  7286

                            I N  S E N A T E

                             April 12, 2016
                               ___________

Introduced  by Sen. RANZENHOFER -- (at request of the Dormitory Authori-
  ty) -- read twice and ordered printed, and when printed to be  commit-
  ted to the Committee on Corporations, Authorities and Commissions

AN  ACT  to  amend the public authorities law, in relation to enterprise
  shared service opportunities

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

  Section  1. Legislative intent. The legislature recognizes the state's
ongoing interest in finding efficiencies in  carrying  out  governmental
functions  through enterprise shared service opportunities. The legisla-
ture finds that the  state's  authorities  have  expertise,  skills  and
resources  that  should  be  leveraged  to  provide solutions to today's
complex governmental and  organizational  problems,  and  further,  that
shared  services  and intergovernmental cooperation can facilitate cost-
effective collaboration to more effectively serve the residents  of  the
state.  Accordingly, it is the intent of this act to promote and facili-
tate cooperation by and among state authorities to enable them to render
such services within their respective functions as may be  requested  by
other such authorities.
  S  2.  The  public  authorities law is amended by adding a new section
2882 to read as follows:
  S 2882. PUBLIC AUTHORITY ENTERPRISE SHARED SERVICES. 1. (A)  IN  ADDI-
TION  TO ANY OTHER GENERAL OR SPECIAL POWERS VESTED IN A STATE AUTHORITY
FOR THE PERFORMANCE OF ITS RESPECTIVE FUNCTIONS  AND  DUTIES,  (I)  EACH
STATE  AUTHORITY  SHALL HAVE THE POWER TO PROVIDE COOPERATIVELY WITH ONE
OR MORE OTHER STATE  AUTHORITIES  ANY  FACILITY,  SERVICE,  ACTIVITY  OR
UNDERTAKING  WHICH  EACH  PARTICIPATING STATE AUTHORITY HAS THE POWER TO
PROVIDE SEPARATELY WITHIN ITS RESPECTIVE POWERS,  FUNCTIONS  AND  DUTIES
AND  (II) EACH STATE AUTHORITY SHALL HAVE THE POWER TO PROVIDE TO ONE OR
MORE OTHER STATE AUTHORITIES ANY FACILITY, SERVICE, ACTIVITY  OR  UNDER-
TAKING  WHICH  SUCH  STATE AUTHORITY HAS THE POWER TO PROVIDE WITHIN ITS
POWERS, FUNCTIONS AND DUTIES.
  (B) FOR PURPOSES OF THIS SECTION, "STATE  AUTHORITY"  SHALL  HAVE  THE
SAME  MEANING  AS PROVIDED IN SECTION TWO OF THE PUBLIC AUTHORITIES LAW.

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

                                                           LBD14400-01-6

S. 7286                             2

NOTHING IN THIS SECTION: (I) AUTHORIZES A STATE  AUTHORITY  TO  DELEGATE
ITS  POWERS,  FUNCTIONS  OR  DUTIES  TO  ANY OTHER STATE AUTHORITY; (II)
ALTERS OR  AMENDS  ANY  REQUIREMENT,  FEE  OR  RATE  APPLICABLE  TO  THE
PROVISION  OF  ANY FACILITY, SERVICE, ACTIVITY OR UNDERTAKING BY A STATE
AUTHORITY, OR TO ANY AGREEMENT RELATING TO THE  PROVISION  OF  ANY  SUCH
FACILITY,  SERVICE ACTIVITY OR UNDERTAKING BY A STATE AUTHORITY, WHETHER
IMPOSED BY STATUTE, REGULATION, LICENSE OR INTERNAL POLICY OR ACT OF THE
STATE AUTHORITY; (III) REQUIRES OR MANDATES A STATE AUTHORITY  TO  EXER-
CISE  THE  POWERS  GRANTED BY THIS SECTION; OR (IV) AUTHORIZES THE ALLO-
CATION, PURCHASE, SALE OR USE OF POWER OR ENERGY,  OR  SERVICES  RELATED
THERETO, BY A STATE AUTHORITY.
  2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, STATE AUTHORITIES MAY
ENTER INTO, AMEND, CANCEL  AND  TERMINATE  AGREEMENTS  RELATING  TO  THE
PROVISION  OF  FACILITIES,  SERVICES,  ACTIVITIES OR UNDERTAKINGS WITHIN
THEIR RESPECTIVE POWERS, FUNCTIONS AND DUTIES AUTHORIZED BY  SUBDIVISION
ONE  OF  THIS  SECTION. ANY AGREEMENT FOR THE PROVISION OF ANY FACILITY,
SERVICE, ACTIVITY OR UNDERTAKING AUTHORIZED BY THIS SECTION MAY CONTAIN,
WITHOUT LIMITATION, PROVISIONS RELATING TO:
  (I) 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;
  (II)  FEES,  CHARGES AND OTHER FORMS OF COMPENSATION FOR THE PROVISION
OF ANY FACILITY, SERVICE, ACTIVITY OR UNDERTAKING;
  (III) PURCHASING AND MAKING  OF  CONTRACTS  SUBJECT  TO  GENERAL  LAWS
APPLICABLE TO STATE AUTHORITIES;
  (IV) ACQUISITION, OWNERSHIP, CUSTODY, OPERATION, MAINTENANCE, LEASE OR
SALE OF REAL OR PERSONAL PROPERTY;
  (V) ACCEPTANCE OF GIFTS, GRANTS OR BEQUESTS;
  (VI)  THE  MAKING  OF  CLAIMS  FOR FEDERAL OR STATE AID PAYABLE TO THE
INDIVIDUAL OR SEVERAL PARTICIPANTS ON ACCOUNT OF THE JOINT PROJECT;
  (VII) THE MANNER OF RESPONDING  FOR  ANY  LIABILITIES  THAT  MIGHT  BE
INCURRED  IN THE OPERATION OF THE JOINT SERVICE AND INSURING AGAINST ANY
SUCH LIABILITY;
  (VIII) THE PROCEDURE FOR PERIODIC REVIEW OF THE TERMS  AND  CONDITIONS
OF THE AGREEMENT, INCLUDING THOSE RELATING TO ITS DURATION, EXTENSION OR
TERMINATION.  THE  DURATION  OF  AN  AGREEMENT HEREINAFTER ENTERED INTO,
UNLESS OTHERWISE PROVIDED BY LAW, MAY EXTEND UP TO  A  MAXIMUM  TERM  OF
FIVE YEARS;
  (IX) PROCEDURES FOR THE RESOLUTION OF DISPUTES OR DISAGREEMENTS; AND
  (X) OTHER MATTERS AS ARE REASONABLY NECESSARY AND PROPER TO EFFECTUATE
AND PROGRESS THE SUBJECT SERVICES OR UNDERTAKINGS.
  3.  ANY AGREEMENT FOR THE PROVISION OF ANY FACILITY, SERVICE, ACTIVITY
OR UNDERTAKING AUTHORIZED BY THIS SECTION IS NOT THE RESULT OF A  SINGLE
SOURCE,  SOLE  SOURCE  OR  ANY  OTHER  METHOD OF PROCUREMENT THAT IS NOT
COMPETITIVE.
  S 3. This act shall take effect immediately.

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Senate Bill S7286

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Actions

2015-S7286 (ACTIVE) - Details

2015-S7286 (ACTIVE) - Summary

2015-S7286 (ACTIVE) - Sponsor Memo

2015-S7286 (ACTIVE) - Bill Text download pdf

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Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Actions

2015-S7286 (ACTIVE) - Details

2015-S7286 (ACTIVE) - Summary

2015-S7286 (ACTIVE) - Sponsor Memo

2015-S7286 (ACTIVE) - Bill Text download pdf

Comments