[HISTORY: Adopted by the Rockland County Legislature 4-21-1998 by L.L. No. 6-1998. Amendments noted where applicable.]
In the year 1977, this Legislature, by Resolution 868, established an Inter-Municipal Utility Coalition for Rockland County. With the year 2000 fast approaching, major developments and advancements in technology and significant changes in the way energy and utility services are produced and supplied have occurred, which make the need for continued and more effective advocacy on behalf of and for the protection of all residents of Rockland County even more critical and necessary.
A. 
This Legislature considers the availability, service, supply and cost of utility service(es) an integral part of the lives and well-being of the residents of Rockland County, and all those living within its constituent towns and villages. As regards the availability, service, supply and cost of utility service(es), this is an unparalleled moment in Rockland County's history in that for years the citizens of Rockland have lived with and had to swallow rising utility costs as they watched the Public Service Commission approve rate increase after rate increase, many of which were based upon capital improvements and generating facilities they were told were essential in order for Orange and Rockland to meet "peak demands" of service.
B. 
Now, due to changes and requirements of the Public Service Commission, Orange and Rockland Utilities will no longer be in the business of producing energy. Instead, it will shortly become solely a transmission and distribution company. The new words of this period of enormous change and transition are now entering our language and our consciousness, as the lexicon of the day is fast becoming "deregulation," "divestiture" and "aggregation."
C. 
This new language, and the underlying upheaval it reflects, are about to radically change the supply, delivery and method of purchasing utility services as we have known it in the past, as that system is about to be turned upside down. These unique circumstances and changes in the structure and method of the delivery of utility service now give this Legislature and the County Executive a chance to intervene and to make a remarkable difference in this critical area affecting the lives of our residents.
D. 
The availability, service, supply and cost of utility service(es) are matters which should properly be addressed by this Legislature and the County Executive and to which the attention of all public officials and governmental bodies should be focused in their continuing efforts to protect and further the best interests of those residents which such officials and municipal bodies are elected and constituted to represent.
E. 
In addition, the individual uncoordinated efforts of citizens, or single municipalities will be of significantly less impact and effect upon the regulatory bodies to be addressed and convinced of the needs and welfare of the people of Rockland County.
F. 
It is therefore the conviction of this Legislature that to be most effective in aggressively advancing and protecting the interests of the people of Rockland County with regard to the availability, regulation, service, supply and cost of utility services, especially at this critical transitional moment, collective force and effort will far more effectively advocate, support and protect the needs and interests of the residents of Rockland County and all its towns, villages, school districts and other municipal entities, and further that such a combination of effort will provide a comprehensive, overall regional approach to the purchase and consumption of utility services, for all Rockland County residents and by Rockland County government and all of its, towns, villages, school districts, other municipal entities and industrial users, in their operation and in the public interest.
A. 
To accomplish that purpose this Legislature does promulgate and adopt this chapter, which shall, and hereby does, create and constitute a Municipal Utility Coalition for the County of Rockland.
B. 
This Legislature strongly endorses a unification of all governmental efforts in the best interests and protection of the people of Rockland County.
C. 
To achieve maximum impact and effectiveness, this legislation will join all possible municipal entities, public officials and other organizations, agencies and entities devoted to a public or not-for-profit purpose, and also for other for-profit industry, in a common purpose and goal.
D. 
The shared and combined effort and resources of this coalition will create a new and enhanced ability to marshal access to and impact on public utilities and regulatory bodies.
E. 
To implement the purpose and intent of this statute, a Municipal Utility Coalition is hereby renamed, created and reestablished by this chapter.
F. 
The form of the Municipal Utility Coalition hereby created shall be implemented and exist through the medium of a commission, as now hereinafter structured and set forth.
A. 
The Municipal Utility Coalition now created shall be of permanent duration and perpetual existence.
B. 
The Municipal Utility Coalition, renamed, reconstituted and reestablished, shall be a permanent joint legislative/executive commission.
C. 
The Municipal Utility Coalition shall at all times strive to achieve lower costs and cheaper electric power, natural gas and other utility services for the people of Rockland County. It shall also take all reasonable measures to ensure that our residents pay the lowest cost for their power and energy needs.
D. 
To reflect the legislative intent of this statute, and to ensure the fullest possible participation and input and the maximum effectiveness sought, the Rockland County Municipal Utility Coalition and Commission shall be structured into two divisions:
(1) 
An Executive Board.
(2) 
A General Membership Council.
E. 
The Executive Board shall consist of the following members:
(1) 
The County Executive, or his or her designee.
(2) 
The Chairperson of the Legislature, or his or her designee.
(3) 
The Majority Leader of the Legislature, or his or her designee.
(4) 
The Minority Leader of the Legislature, or his or her designee.
(5) 
The Chairperson of the Supervisors Association of Rockland County.
(6) 
The Chairperson of the Association of Rockland County Mayors.
(7) 
A superintendent of a Rockland County school district, or the head of the Rockland County School Superintendents' Association, if one exists. If such association does not exist, the representative superintendent shall be selected by the County Executive.
(8) 
The County attorney, as an ex officio nonvoting member.
(9) 
The legislative counsel(es) as ex officio nonvoting members.
(10) 
The Commissioner of Finance of Rockland County, as an ex officio nonvoting member.
(11) 
The legislative budget analyst, as an ex officio nonvoting member.
F. 
The General Membership Council shall be constituted as follows:
(1) 
The Supervisors of each of Rockland County's five towns.
(2) 
The Mayors of each of Rockland County's villages.
(3) 
The Superintendent of each of Rockland County's school districts.
(4) 
The Chairperson of the Rockland County Sewer District No. 1.
(5) 
The Chairperson of the Rockland County Solid Waste Authority.
(6) 
The president of Rockland Community College.
(7) 
The president of each of such other colleges as are located within Rockland County.
(8) 
Five members, at large, to be appointed by the County Executive and serve at his or her pleasure.
(9) 
Five members, at large, to be appointed by the Chairperson of the County Legislature and serve at his or her pleasure.
(10) 
Membership shall also be open to other community leaders or the heads of other municipal entities, not mentioned or set forth, other not-for-profit, agencies, organizations, associations or entities and other industrial users. If they meet the criteria of an industrial user or a public or not-for-profit purpose, such agencies, organizations, associations or entities may thereafter apply for appointment to the Municipal Utility Coalition, to either the County Executive or the County Legislature. If approved for membership, it (they) shall then be appointed to the General Membership Council, by the County Executive. Such membership, or appointment, shall not be withheld, except for good cause shown.
G. 
The Executive Board shall meet not less than bimonthly but may meet monthly. It shall also meet at special meetings, deemed necessary, and called by its Chairperson.
H. 
The General Membership Council shall meet not less than quarterly but may meet more frequently and at special meetings, deemed necessary, and called by its Chairperson.
I. 
The County Executive shall annually select and appoint a Chairperson of the Executive Board.
J. 
The Chairperson of the County Legislature shall annually select and appoint a Chairperson of the General Membership Council.
K. 
The Executive Board shall meet in general session with the General Membership Council not less than quarterly. The Chairperson of the Executive Board shall chair all general sessions. The Chairperson of the Executive Board may also, at his or her discretion and for appropriate need or purpose(es), call more frequent general sessions.
L. 
The Municipal Utility Coalition shall act by a majority vote of the Executive Board. The General Membership Council shall be advisory to the Executive Board and may make recommendations to the Executive Board by majority vote.
A. 
To effectuate the purpose and intent of this statute and the purpose of the Municipal Utility Coalition, the staff of the County Legislature, and those members of the executive branch designated by the County Executive, shall cooperate with the Executive Board of the Coalition and provide such staff assistance as the Coalition may require.
B. 
The Commissioner of Finance of Rockland County and the legislative budget analyst are directed to provide such assistance as the Coalition may require to effectuate the purpose and intent of this statute, and the purpose(s) of the Municipal Coalition.
The Coalition shall seek to effectuate and accomplish the following goals:
A. 
To advocate for all Rockland County residents, its various municipalities, and the particular communities of interest served by such municipalities and the public agencies, organizations, associations or entities and those not-for-profit and other for-profit industrial users participating in the Municipal Utility Coalition, with regard to the availability, service, supply and cost of utility service(es).
B. 
To investigate and determine and make recommendations on the efficacy and potential for the bulk purchase of utility service(es), i.e., electricity, water, natural gas, etc., to be implemented by the Municipal Utility Coalition, on behalf of all municipalities, agencies, organizations, associations or entities and other industrial users within Rockland County, and if possible to coordinate such purchases.
C. 
To explore, investigate, determine and make recommendations on the aggregation by the County, through the Municipal Utility Coalition of all municipal entities within the County into one purchasing unit and coalition. "Aggregation" shall be the collective or bulk purchase by the participating municipalities acting as one unit (for the maximum benefit of their constituents).
D. 
To investigate and determine and make recommendations on the efficacy and potential for the bulk purchase of utility service(es), i.e., electricity, water, natural gas, etc., implemented by the Municipal Utility Coalition, on behalf of the individual residents of Rockland County, and if possible to coordinate such purchases.
E. 
To explore, investigate, determine and make a specific recommendation on whether it will be beneficial for the Rockland County Municipal Utility Coalition to operate and function under the provisions of General Municipal Law § 360, the authority of which statute can, if approved by the Legislature and the County Executive, allow Rockland County, acting through the Municipal Utility Coalition, to act as an aggregator for the collective purchase and supply of public utility services to all County residents, at the lowest possible price.
F. 
If, after such investigation, the Coalition makes an affirmative and positive determination and recommendation for the County of Rockland to proceed under the provisions of General Municipal Law § 360, and that such ability to aggregate and bulk purchase utility services will best serve our residents, to then recommend whether such proposal should go to public referendum for approval by the voters at the general election of November 1998 or November 1999.
G. 
To investigate and determine and make recommendations on the efficacy of the Coalition appearing at or intervening in utility rate hearings, or rate cases before the Public Service Commission or similar authorities on hearings or cases affecting the residents of Rockland County and the agencies, organizations, associations or entities and other industrial users participating in the Municipal Utility Coalition. If appropriate, and with the approval of the County Legislature and the County Executive, the County Attorney, with the assistance of Legislative Counsel, if approved, may represent the Coalition and the County of Rockland at such rate hearings, or rate cases.
H. 
To investigate and determine the effect(s) of deregulation by public utilities on the residents of Rockland County and on the agencies, organizations, associations or entities and other industrial users participating in the Municipal Utility Coalition and to formulate and recommend such steps as can and should be taken by the Coalition and the County of Rockland to mitigate any inequity or harmful impact on the residents of Rockland County and the agencies, organizations, associations or entities and other industrial users participating in the Municipal Utility Coalition, subject to approval of the County Legislature and the County Executive.
I. 
To investigate and determine the effect(s) of divestiture by public utilities on the residents of Rockland County and on the agencies, organizations, associations or entities participating in the Municipal Utility Coalition and to formulate and recommend such steps as can and should be taken by the Coalition and the County of Rockland to mitigate any inequity or harmful impact of divestiture on the residents of Rockland County and the agencies, organizations, associations or entities and other industrial users participating in the Municipal Utility Coalition, subject to approval of the County Legislature and the County Executive.
J. 
To investigate, monitor, determine and/or project the effect(s) of any planned installation(s) or location(s) of supply instrumentality's or modalities, such as gas (or other) pipe lines, power lines, wells, pumping stations, substations, reduction stations, distribution stations, facilities or otherwise within Rockland County, by public utilities, and to report to the County Legislature and the County Executive and make recommendations as to what action, if any, should be taken with regard to such proposals in the furtherance of the best interests and the protection of all residents of the County.
K. 
To monitor and determine the effects of public utility employment practices on the work force of Rockland County and to formulate and recommend such steps as should be taken to attempt to lessen, prevent, mitigate or ameliorate any planned layoffs or anticipated unemployment due to actions to be taken by public utilities, within Rockland County.
L. 
To take such other action(s) and to formulate and recommend other policies with regard to the availability, service, supply and cost of public utilities service(es), as shall be beneficial to and/or necessary for the protection of the people of Rockland County.
M. 
To take such other action(s) as it shall determine may be necessary or appropriate for the benefit or protection of the residents of Rockland County, with regard to the availability, service, supply and cost of public utilities service(es), with the approval of the County Legislature and the County Executive.
If additional state enabling or home rule legislation is necessary to accomplish the purpose and legislative intent of this statute or the protection or welfare of Rockland County residents, with regard to the availability, service, supply and cost of public utilities service(es), the Coalition shall investigate, formulate and recommend the form and nature of such legislation to the County Legislature for appropriate resolution and request for such legislation to Rockland County's state representatives.