The bill amends sections 45-40.1-4 and 45-40.1-6 of the General Laws in Chapter 45-40.1, which are related to "Interlocal Contracting and Joint Enterprises." The amendments include changes to the process by which public agencies within the state can enter into agreements for joint or cooperative action. The bill specifies that any public agency of the state may exercise powers jointly with other public agencies, both within and outside the state, as long as the laws of the other state or the United States allow it. The bill outlines the necessary components of any agreement, including its duration, organization, purpose, financing, termination procedures, and other necessary matters. It also details the provisions for administration of the joint or cooperative undertaking when no separate legal entity is created, including the appointment of an administrator or a joint board and the handling of property.
Significantly, the bill removes the requirement for interlocal agreements to be submitted to the attorney general for approval before they can take effect. Previously, the attorney general was responsible for determining if an agreement was in proper form and compliant with state laws, disapproving agreements that did not meet the requirements, or approving them by default if no action was taken within 15 days. Now, if an agreement pertains to services or facilities under the control of a state officer or agency, it must be submitted to the relevant authority for approval regarding matters within their jurisdiction. The explanation provided by the Legislative Council states that the act would remove the attorney general's oversight of interlocal agreements and would take effect upon passage.