§ 120-w. Contracts and agreements for solid waste management,
collection and disposal. 1. Definitions. As used in this section:

(a) "Municipality" means a town, city, county, or village or any
designated public agency thereof, or a garbage or sanitary district
established under the Nassau county civil divisions act; or any two or
more of the foregoing which are acting jointly in connection with a
solid waste management facility, or a public authority.

(b) "Solid waste management-resource recovery facility" or "facility"
or "project" means any facility, plant, works, system, building,
structure, improvement machinery, equipment, fixture or other real or
personal property which is to be used, occupied or employed beyond the
initial solid waste collection process for the storage, processing, or
disposal of solid waste or the recovery by any means of any material or
energy product or resource therefrom including but not limited to
recycling centers, transfer stations, baling facilities, rail haul or
barge haul facilities, processing systems, resource recovery facilities
or other facilities for reducing solid waste volume, sanitary landfills,
plants and facilities for compacting, composting or pyrolization of
solid wastes, incinerators, and other solid waste disposal, reduction or
conversion facilities. For the purpose of this section, solid waste
management-resource recovery facilities include solid waste recovery and
management projects as defined in subdivision two of section 51-0903 of
the environmental conservation law.

(c) "Resource recovery" means the separation, extraction and recovery
of useable materials or energy from solid waste through source
separation, recycling centers or other programs, projects or facilities.

(d) "Person" means a municipality or other governmental body, public
corporation or authority, private corporation, partnership or
individual.

(e) "Source separation" means the segregation of recyclable materials
from the solid waste stream at the point of generation for separate
collection, sale or other disposition.

2. Notwithstanding the provisions of any other law, general, special
or local relating to the length, duration and terms of contracts which a
municipality may enter into, any municipality may enter into a contract
with any person, upon such terms and conditions as may be agreed upon,
for the design, construction, operation, financing, ownership or
maintenance of a solid waste management-resource recovery facility, for
the processing or disposal of solid waste or for a system of collection
and disposal of municipal solid waste through resource recovery which
may include source separation, for a period not to exceed twenty-five
years, and, except in a city having a population of one million or more,
for collection and disposal of municipal solid wastes by means other
than resource recovery for a period not to exceed five years as provided
for in this section.

3. The share of the cost to be paid by municipalities acting jointly
shall be determined in any manner which may be agreed upon, and such
share shall be included in the annual budget of the participating
municipality as an expense and levied against the taxable real property
in the municipality or municipalities.

4. Construction, financing and operation of solid waste
management-resource recovery facilities. (a) Notwithstanding the
provisions of any other law, general, special or local relating to the
length, duration and terms of contracts a municipality may enter into,
any county, city, town or village, or any combination thereof, is hereby
authorized and empowered from time to time to enter into contracts,
leases or rental agreements, with, or grant licenses, permits,
concessions or any other authorizations, to any person, upon such terms
and conditions for such consideration and for such term or duration, not
to exceed twenty-five years, as may be agreed upon by any county, city,
town or village or any combination thereof, and such person, whereby,
for any purpose or purposes hereinafter referred to, such person is
granted the right to construct, maintain, use, occupy or carry on
activities in the whole or any part of a solid waste management-resource
recovery facility on a site authorized by any county, city, town or
village or any combination thereof.

(b) Prior to or after the expiration or termination of the term or
duration of any contract, lease, rental agreement, license, permit,
concession, or other authorization, entered into or granted pursuant to
the provisions of this section, any county, city, town or village or any
combination thereof, in accordance with the requirements and conditions
of this section, may from time to time enter into amended, supplemental,
new, additional or further contracts, leases or rental agreements with,
and grant new, additional, supplemental, or further licenses, permits,
concessions, or other authorizations to the same or any other person for
any purpose or purposes referred to herein.

(c) The person, entering into any contract, lease, rental agreement,
license, permit, concession, or other authorization referred to herein,
with any county, city, town or village or any combination thereof, may
be granted the rights hereinbefore referred to for any purpose or
purposes as shall provide for the benefit of the people of any county,
city, town or village or any combination thereof, and the improvement of
their health and welfare, by the utilization of solid waste
management-resource recovery systems, technology, processes and
procedures, and for any purpose which aids in the financing of the
construction and operation of a solid waste management-resource recovery
facility for the benefit of any county, city, town or village or any
combination thereof.

(d) The products generated by any solid waste management-resource
recovery facility may be sold, utilized or otherwise disposed of,
pursuant to contract, lease, rental agreement, license, permit,
concession, or other authorization, between any municipality and any
person, upon such terms and conditions for such consideration, and for
such term or duration, not to exceed twenty-five years, as may be agreed
upon by any municipality and such person.

(e) It is the intent of the legislature that overall cost should in
all cases be a major criterion in the selection of contractors for award
of contracts pursuant to this section and that, wherever practical, such
contracts which include construction work should be procured through
competitive bidding procedures as prescribed by sections one hundred one
and one hundred three of this chapter. It is further the intent of the
legislature to acknowledge the highly complex and innovative nature of
resource recovery technology for processing mixed solid waste, the
relative newness of the variety of resource recovery systems now
available, the desirability of a single point of responsibility for the
development of facilities and the economic and technical utility of
contracts for resource recovery projects which include in their scope
various combinations of design, construction, operation, management
and/or maintenance responsibilities over prolonged periods of time and
that in some instances it may be beneficial to the municipality to award
a contract on the basis of factors other than cost alone, including but
not limited to facility design, system reliability, energy efficiency,
compatibility with source separation and other recycling systems and
environmental protection. Accordingly, and notwithstanding the
provisions of any general, special or local law or charter, a contract
entered into between a municipality and any person pursuant to this
section may be awarded pursuant to public bidding in compliance with
sections one hundred one and one hundred three of this chapter or
pursuant to the following provisions for the award of a contract based
on evaluation of proposals submitted in response to a request for
proposals prepared by or for the municipality:

(1) The municipality shall require that each proposal to be submitted
shall include:

(i) information relating to the experience of the proposer on the
basis of which said proposer purports to be qualified to carry out all
work required by a proposed contract; the ability of the proposer to
secure adequate financing; and proposals for project staffing,
implementation of work tasks, and the carrying out of all
responsibilities required by a proposed contract;

(ii) a proposal clearly identifying and specifying all elements of
cost which would become charges to the municipality, in whatever form,
in return for the fulfillment by the proposer of all tasks and
responsibilities established by the request for the proposal for the
full lifetime of a proposed contract, including, as appropriate, but not
limited to the cost of planning, design, construction, operation,
management and/or maintenance of any facility; and clearly identifying
and specifying all elements of revenue which would accrue to the
municipality from the sale of any material or energy produced or from
any other source; provided, that the municipality may prescribe the form
and content of such proposal and that, in any event, the proposer must
submit sufficiently detailed information to permit a fair and equitable
evaluation by the municipality of such proposal; and provided, further,
that the municipality may set maximum allowable cost limits in any form
in the request for proposals; and

(iii) such other information as the municipality may determine to have
a material bearing on its ability to evaluate any proposal in accordance
with subparagraph five of this paragraph;

(2) To provide for public information and review:

(i) prior to the issuance of a request for proposals pursuant to this
paragraph, the municipality shall publish notice of such issuance in the
official newspaper of the municipality, if any, in at least one
newspaper of general circulation, in the state register and in the
environmental notice bulletin. Concurrent with the publication of such
notice a draft request for proposals shall be filed with the clerk or
chief executive officer of the municipality;

(ii) after allowing a sixty day comment period and an additional ten
days to review such comments, the municipality may publish the final
request for proposals and concurrent with such publication shall publish
notice of such issuance in the manner specified in item (i) of this
subparagraph. Concurrent with the publication of the final request for
proposals a set of comments filed in relation to the draft request for
proposals and findings related to the substantive elements of such
comments shall be filed along with the request for proposals with the
clerk or chief executive officer of the municipality and in the
municipal public library or libraries in proximity to the proposed site
or sites;

(3) Proposals received in response to such request for proposals shall
be evaluated by the municipality as to net cost or, if a net revenue is
projected, net revenue, and, in a manner consistent with provisions set
forth in the request for proposals, may be evaluated on the basis of
additional factors, including but not limited to the technical
evaluation of facility design, system reliability, energy balance and
efficiency, environmental protection, overall employment and recovery of
materials. The evaluation of such proposals and the determination of
whether a proposer is "responsible" may include, but shall not be
limited to, consideration, in a manner consistent with provisions set
forth in the request for proposals, of the record of the proposer in
complying with existing labor standards and recognizing state and
federally approved apprentice training programs, and the willingness of
the proposer to provide for meaningful participation of minority group
persons and business enterprises in the conduct of the work;

(4) The municipality may make a contract award to any responsible
proposer selected pursuant to subparagraph three of this paragraph based
on a determination by the municipality that the selected proposal is
most responsive to the request for proposals and may negotiate with any
proposer; provided, however, that if an award is made to any proposer
whose total proposal does not provide either the lowest net cost or, if
a net revenue is projected, the greatest net revenue of any proposal
received, the municipality shall adopt a resolution after public hearing
which includes particularized findings relevant to factors evaluated
pursuant to subparagraph three indicating that the municipality's
requirements are met by such award and that such action is in the public
interest.

(f) Whenever a municipality enters into a contract pursuant to this
section for the construction of a solid waste management-resource
recovery project, the provisions of section two hundred twenty of the
labor law shall be applicable to such construction work.

5. a. In a city having a population of one million or more any
contract entered into pursuant to the provisions of this section shall
be limited to the within enumerated facilities appearing in the
following schedule:

(a) Arthur Kill located at Fresh Kill Landfill, Staten Island.

(b) West 215th. Street located at 215th. Street between Tenth Avenue
and the Harlem River, borough of Manhattan.

(c) Barretto Point located at Tiffany and Ryawa Streets, borough of
Bronx.

(d) Pilot Block located at 2nd. Avenue and 121st. Street, borough of
Manhattan.

(e) Westway-A located at 28th. Street and the Hudson river, borough of
Manhattan, Westway-B located at Canal Street and the Hudson river,
borough of Manhattan.

(f) Navy Yard located at the Brooklyn Navy Yard, borough of Brooklyn.

(g) Idlewild located at Idlewild, borough of Queens.

(h) South Shore located at Forbell Street and 157th. Avenue, borough
of Brooklyn.

(i) Edgemere located at Edgemere Landfill, borough of Queens.

(j) Integrated Utility located at Hellgate, Consolidated Edison plant,
borough of Bronx.

(k) Upgraded Betts Avenue incinerator located in the borough of
Brooklyn.

(l) Upgraded Greenpoint incinerator located in the borough of
Brooklyn.

(m) Upgraded Southwest Brooklyn incinerator located in the borough of
Brooklyn.

(n) Hamilton Avenue facility located in the borough of Brooklyn.

(o) Existing 135th. Street M.T.S. located in the borough of Manhattan.

(p) Existing 91st. Street M.T.S. located in the borough of Manhattan.

(q) North Shore located at thirty-first Avenue and Flushing Bay,
borough of Queens.

(r) Existing South Bronx located in the borough of the Bronx.

(s) Harlem River Yards located in the borough of the Bronx.

(t) Columbia Street Marine Terminal located in the borough of
Brooklyn.

b. The sustained daily tonnage throughput capacity of any solid waste
recovery and management facility constructed pursuant to this section in
such city shall not exceed three thousand tons per day.

c. Notwithstanding any other provision of law, no solid waste recovery
and management facility having a capacity to generate electricity or
steam and having a sustained daily tonnage throughput capacity of
greater than twenty-five tons per day, shall be constructed in the
county of Richmond except that this limitation shall not apply to a
single solid waste recovery and management facility having a sustained
daily tonnage throughput capacity of not more than three thousand tons
per day to be constructed at Arthur Kill, located at Fresh Kill
landfill.

d. This subdivision shall not apply to facilities to be used for the
source separation, collection, storage, processing or marketing of
recyclable or reusable components of solid waste as defined in paragraph
b of subdivision two of section one hundred twenty-aa of this article,
provided, however that in the borough of Staten Island any such facility
shall be located at Fresh Kill landfill.

6. An action, suit or proceeding contesting the validity of a contract
awarded pursuant to this section, or the validity of the procedures
relating to such award, must be commenced within sixty days after
publication of notice of such award as hereinafter prescribed, if the
following requirements are met:

(a) official action of the municipality in awarding a contract under
this section shall contain a statement that the validity of such
contract and the procedures relating to its award may be contested only
if:

(1) such action, suit or proceeding is commenced within sixty days
after the date of publication of such official action; and

(2) such award of procedure was not authorized pursuant to this
section; or

(3) any of the provisions of this section which should be complied
with at the date of the publication of such official action have not
been substantially complied with; or

(4) a conflict of interest can be shown in the manner in which the
contract was awarded; and

(b) notice of the official action of the municipality awarding a
contract under this section shall be published in full by the clerk or
chief executive officer of the municipality in substantially the
following form in the official newspaper of the municipality, if any, in
at least one newspaper of general circulation, in the state register and
in the environmental notice bulletin:

"On (date) the (name of municipality) awarded a contract to (name of

party) pursuant to section one hundred twenty-w of the general

municipal law for the (purpose of contract). The validity of this

contract or the procedures which led to its award may be hereafter

contested only by action, suit or proceeding commenced within sixty

days after the date of this notice and only upon the ground or grounds

that: (1) such award or procedure was not authorized pursuant to that

section, or (2) any of the provisions of that section which should be

complied with at the date of this publication have not been

substantially complied with, or (3) a conflict of interest can be

shown in the manner in which the contract was awarded; or by action,

suit or proceeding commenced on the grounds that such contract was

awarded in violation of the provisions of the Constitution.

_________________________________

Clerk or other official or person

designated by the municipality"

7. Every contract entered into between a municipality and a project
developer pursuant to the provisions of subparagraph four of paragraph
(e) of subdivision four of this section, for construction of a solid
waste management-resource recovery building by the project developer,
shall contain provisions that such building shall be constructed through
construction contracts awarded through public competitive bidding in
accordance with paragraphs (a) through (g) of this subdivision; that the
project developer shall furnish a bond guaranteeing prompt payment of
moneys that are due to all persons furnishing labor and materials
pursuant to the requirements of such construction contracts, and that a
copy of such payment bond shall be kept by the municipality and shall be
open to public inspection; provided, however, that the requirements of
this subdivision shall not apply when the cost of such construction is
less than five thousand dollars.

(a) The project developer shall advertise for bids for such
construction contracts in a daily newspaper having general circulation
in the county in which such public solid waste management-resource
recovery building is to be located. Such advertisement shall contain a
statement of the time when and place where all bids received pursuant to
such notice will be publicly opened and read. An employee of the
municipality shall be designated to open the bids at the time and place
specified in the notice. All bids received shall be publicly opened and
read at the time and place so specified. At least five days shall elapse
between the publication of such advertisement and date on which the bids
are opened.

(b) Except as otherwise provided in section two hundred twenty-two of
the labor law, when the entire cost of constructing such building shall
exceed three million dollars in the counties of the Bronx, Kings, New
York, Queens, and Richmond; one million five hundred thousand dollars in
the counties of Nassau, Suffolk and Westchester; and five hundred
thousand dollars in all other counties within the state, the project
developer shall prepare separate specifications for the following
subdivisions of such work, so as to permit separate and independent
bidding upon each subdivision:

(i) plumbing and gas fittings;

(ii) steam heating, hot water heating, ventilating and air
conditioning apparatus; and

(iii) electric wiring and standard illuminating fixtures.

(b-1) Each bidder on a public work contract, where the preparation of
separate specifications is not required, shall submit with its bid a
separate sealed list that names each subcontractor that the bidder will
use to perform work on the contract, and the agreed-upon amount to be
paid to each, for: (i) plumbing and gas fitting, (ii) steam heating, hot
water heating, ventilating and air conditioning apparatus and (iii)
electric wiring and standard illuminating fixtures. After the low bid is
announced, the sealed list of subcontractors submitted with such low bid
shall be opened and the names of such subcontractors shall be announced,
and thereafter any change of subcontractor or agreed-upon amount to be
paid to each shall require the approval of the public owner, upon a
showing presented to the public owner of legitimate construction need
for such change, which shall be open to public inspection. Legitimate
construction need shall include, but not be limited to, a change in
project specifications, a change in construction material costs, a
change to subcontractor status as determined pursuant to paragraph (e)
of subdivision two of section two hundred twenty-two of the labor law,
or the subcontractor has become otherwise unwilling, unable or
unavailable to perform the subcontract. The sealed lists of
subcontractors submitted by all other bidders shall be returned to them
unopened after the contract award.

(c) After public competitive bidding the project developer shall award
one or more separate contracts for each of the above subdivisions of
such work, whenever separate specifications are required pursuant to
paragraph (b) of this subdivision, and one or more contracts for the
remainder of such work. The project developer may award such contracts
at different times. Contracts awarded pursuant to this subdivision shall
be awarded by the project developer to the lowest responsible and
responsive bidder and shall be contracts of the project developer and
not of the municipality which shall have no obligation or liabilities,
whatsoever, thereunder. The project developer shall have the
responsibility for the supervision, coordination, and termination of
such contracts, unless otherwise specified in contractual terms between
the project developer and the municipality.

(d) In determining whether a prospective contractor is responsible and
responsive, the project developer may require that prospective
contractors:

(i) have adequate financial resources or the ability to obtain such
resources;

(ii) be able to comply with the required or proposed delivery or
performance schedule;

(iii) have a satisfactory record of performance;

(iv) have the necessary organization, experience, operational
controls, and technical skills, or the ability to obtain them;

(v) have the necessary production, construction and technical
equipment and facilities, or the ability to obtain them;

(vi) be eligible to receive an award under applicable laws and
regulations and be otherwise qualified.

(e) The project developer may reject any bid of a bidder which the
project developer determines to be nonresponsible or nonresponsive to
the advertisement for bids.

(f) The project developer may, in its discretion, reject all bids, and
may revise bid specifications and may readvertise for bids as provided
herein.

(g) Only as used in this subdivision:

(i) "project developer" means any private corporation, partnership, or
individual or combination thereof which has submitted a proposal in
response to a request for proposals issued pursuant to subparagraph two
of paragraph (e) of subdivision four of this section;

(ii) "construction" shall include reconstruction, rehabilitation or
improvement;

(iii) "solid waste management-resource recovery building" means a
building of a solid waste management-resource recovery facility. Such
building shall not include the system to be used for the purposes of
receiving, processing, handling or storing solid waste, the products and
by-products derived therefrom, or materials used in such processing or
handling and any equipment or property involving proprietary or trade
secrets.