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

                                  4761

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced  by  M.  of  A. CASTELLI, PAULIN, P. RIVERA, TOBACCO, GIGLIO,
  MURRAY, BURLING, RAIA, McKEVITT, CALHOUN, COLTON, FITZPATRICK, JORDAN,
  McDONOUGH, MONTESANO, FINCH, AMEDORE, KATZ -- Multi-Sponsored by -- M.
  of A. BARCLAY, BUTLER, CROUCH,  GALEF,  HAWLEY,  P. LOPEZ,  J. MILLER,
  MOLINARO,  OAKS,  ORTIZ,  RABBITT,  SAYWARD, SPANO, WEISENBERG -- 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.
  S 2. The general municipal law is amended  by  adding  a  new  section
109-c to read as follows:
  S  109-C.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07696-01-1
              

A. 4761                             2

  3. ANY TWO OR MORE PUBLIC AGENCIES MAY ENTER INTO A WRITTEN  AGREEMENT
WITH  ONE  ANOTHER  FOR  JOINT  OR  COOPERATIVE  ACTION  PURSUANT TO THE
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.
  S 3. This act shall take effect immediately.