S T A T E O F N E W Y O R K
________________________________________________________________________
5791
2019-2020 Regular Sessions
I N A S S E M B L Y
February 19, 2019
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Introduced by M. of A. GIGLIO, DeSTEFANO, HAWLEY, LAWRENCE, McDONOUGH,
MIKULIN, B. MILLER, MONTESANO, MORINELLO, NORRIS, RAIA, SAYEGH, SMUL-
LEN -- read once and referred to the Committee on Environmental
Conservation
AN ACT to amend the environmental conservation law and the general
municipal law, in relation to authorizing the department of environ-
mental conservation to engage in cooperative purchasing and authoriz-
ing intergovernmental agreements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3-0117 of the environmental conservation law is
amended by adding a new subdivision 5 to read as follows:
5. THE DEPARTMENT MAY, WITH WRITTEN APPROVAL OF THE COMMISSIONER,
PARTICIPATE IN, SPONSOR, CONDUCT OR ADMINISTER A COOPERATIVE PURCHASING
AGREEMENT FOR THE PROCUREMENT OF MATERIAL OR NONPROFESSIONAL SERVICES
WITH ONE OR MORE PUBLIC PROCUREMENT UNITS EITHER WITHIN THE STATE OR
WITH ANOTHER STATE IN ACCORDANCE WITH AN AGREEMENT ENTERED INTO BETWEEN
THE PARTICIPANTS.
§ 2. The general municipal law is amended by adding a new section
109-e to read as follows:
§ 109-E. INTERGOVERNMENTAL AGREEMENTS. 1. FOR PURPOSES OF THIS
SECTION, THE TERM "PUBLIC AGENCY" SHALL MEAN ANY COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT, IMPROVEMENT DISTRICT OR DISTRICT CORPORATION
OF THE STATE OF NEW YORK.
2. ANY POWER OR POWERS, PRIVILEGE OR PRIVILEGES, AUTHORITY OR UNDER-
TAKING, EXERCISED OR CAPABLE OF EXERCISE, OR WHICH MAY BE ENGAGED IN,
AND ANY PUBLIC WORKS WHICH MAY BE UNDERTAKEN, BY A PUBLIC AGENCY ACTING
ALONE MAY BE EXERCISED, ENJOYED, ENGAGED IN OR UNDERTAKEN JOINTLY WITH
ANY OTHER PUBLIC AGENCY WHICH COULD LIKEWISE ACT ALONE.
3. ANY TWO OR MORE PUBLIC AGENCIES MAY ENTER INTO A WRITTEN AGREEMENT
WITH ONE ANOTHER FOR JOINT OR COOPERATIVE ACTION PURSUANT TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06861-01-9
A. 5791 2
PROVISIONS OF THIS SECTION. APPROPRIATE ACTION BY ORDINANCE, RESOLUTION
OR OTHERWISE PURSUANT TO LAW OF THE GOVERNING BODIES OF THE PARTICIPAT-
ING PUBLIC AGENCIES SHALL BE NECESSARY BEFORE ANY SUCH AGREEMENT SHALL
BECOME EFFECTIVE. ANY SEPARATELY LEGAL OR ADMINISTRATIVE ENTITY ESTAB-
LISHED HEREUNDER IS A PUBLIC CORPORATION AND MAY EXIST FOR THE LENGTH OF
TIME SET FORTH IN THE INTERGOVERNMENTAL AGREEMENT.
§ 3. This act shall take effect immediately.