§ 2049-TT — Pledge by counties; contracts with municipalities; powers of municipalities

§ 2049-tt. Pledge by counties; contracts with municipalities; powers\nof municipalities. 1. The counties are hereby authorized to pledge to\nand agree with the holders of any bonds that the counties will not limit\nor impair the rights hereby vested in the authority to purchase,\nconstruct, own and operate, maintain, repair, improve, increase,\nenlarge, extend, reconstruct, renovate, rehabilitate or dispose of any\nproject, or any part or parts thereof, for which bonds of the authority\nshall have been issued, to establish and collect rates, rents, fees and\nother charges referred to in this title and to fulfill the terms of any\nagreements made with the holders of the bonds or with any public\ncorporation or person with reference to such project or part thereof, or\nin any way impair the rights and remedies of the bondholders, until the\nbonds, together with interest thereon, including interest on any unpaid\ninstallments of interest, and all costs and expenses in connection with\nany action or proceeding by or on behalf of the bondholders are fully\nmet and discharged.\n 2. The counties and one or more municipalities within the area of\noperation, or the authority and the counties, shall have power to\ncontract from time to time between or among themselves, or among\nthemselves and with the authority, in relation to the collecting,\nreceiving, transporting, storage, processing or disposal of recyclables\nand/or solid waste or for the purchase or use of any materials, energy,\nby-products or residue generated by or resulting from the operation of\nany solid waste management-resource recovery facility. Any such contract\nto which the authority, the counties or any municipality within the area\nof operation are parties may include provisions stipulating the minimum\nand/or maximum rates, rentals, fees and other charges to be collected\nfor the use and availability of facilities. Any contract may also\ninclude provisions: (a) requiring any such county or municipality to\ndeliver, or cause to be delivered, periodically to a specified facility\nor facilities all or any portion of the solid waste generated,\noriginated or brought within such county or municipality or minimum\namounts of solid waste and providing for specified minimum periodic\npayments whether or not such delivery of any such solid-waste is made;\n(b) reserving to any such county or municipality, and granting by the\nauthority to any such county or municipality, a portion of or the\nentirety of the capacity of a solid waste management-resource recovery\nfacility as any such county or municipality determines is reasonably\nnecessary to meet its present and reasonably anticipated needs and\nproviding for specified minimum periodic payments in consideration\nthereof, or (c) requiring the counties to pay such amounts as shall be\nnecessary to assure the continued operation and solvency of the\nauthority, all such payments to be determined and paid in such manner\nand at such times as may be provided in such contract.\n 3. To further the governmental and public purposes of the authority,\nincluding the implementation of any contract or proposed contract\ncontemplated by this title, and in recognition of the public policy of\nthe state in the area of the control and management of solid waste and\nsolid waste disposal activities to displace competition with regulation\nor monopoly public control, the counties and all other municipalities\nwithin the area of operation, as instrumentalities of the state, shall\nhave the power to adopt and amend local laws, ordinances and regulations\nimposing appropriate and reasonable limitations on competition with\nrespect to collecting, receiving, transporting, delivering, storing,\nprocessing and disposing of solid waste or the recovery by any means of\nany material or energy product or resource therefrom, including, without\nlimiting the generality of the foregoing, local laws requiring that all\nsolid waste generated, originated or brought within their respective\nboundaries, subject to such exceptions as may be determined to be in the\npublic interest, shall be delivered to a specified solid waste\nmanagement-resource recovery facility; provided, however, that any such\nlocal law, ordinance or regulation enacted by the counties shall take\nprecedence over and shall supersede any inconsistent provisions of any\nsuch local law, ordinance or regulation enacted by any other\nmunicipality within the area of operation. Any such local law shall be\nadopted in accordance with the procedure provided by the municipal home\nrule law, except that no such local law shall be subject to either\nmandatory or permissive referendum. Any such local law may include\nprovisions for the enforcement thereof and penalties for the violation\nthereof, which may provide, but shall not be limited to providing, that\nany violation of a local law shall constitute an offense or infraction,\nand may provide that any violation may be punished by civil penalty,\nfine or other monetary charge, and/or, the suspension or revocation of\npermits or licenses granted by any other jurisdiction with respect to\nthe collecting, receiving, transporting, delivery or storing of solid\nwaste. For the purposes of this section, solid waste shall have the\nmeaning set forth in subdivision fifteen of section two thousand\nforty-nine-bb of this title, but shall not include any scrap or other\nmaterial of value separated from the waste stream and held for purposes\nof materials recycling. Upon the adoption of any local law, ordinance or\nregulation pursuant to this section, the counties or other municipality\nshall file a verified copy of such local law, ordinance or regulation\nwith the commissioner of the department of environmental conservation;\nprovided, however, that the failure to so file such a local law,\nordinance or regulation shall not invalidate such local law, ordinance\nor regulation. Upon the adoption or amendment of any local law or\nordinance pursuant to section one hundred twenty-aa of the general\nmunicipal law, either or both counties, by their respective legislative\nbody, is authorized and empowered to delegate and assign to the\nauthority, in whole or in part, by contract and on such terms as the\nparties may agree, the administration and implementation of the source\nseparation and recycling program. Such delegation and assignment powers\nshould be in addition to any other contracting powers and authority the\ncounties may have under this section.\n 4. The counties are hereby authorized to resell or otherwise dispose\nof all or any part of the materials, energy, by-products or residue\npurchased from the authority pursuant to this section. Any resale of or\nother disposition may be made in such manner as the counties may deem\nproper and upon such terms and conditions as may be agreed upon by the\nparties thereto.\n 5. The counties and all other municipalities within the area of\noperation shall have power to perform such other acts, to enter into\nsuch other contracts, including contracts between or among themselves,\nexecute such instruments and to undertake such future proceedings as\nshall be determined necessary or desirable to effectuate the purpose of\nthis title, including the making of gifts, grants, loans or\ncontributions to the authority.\n 6. Any contract entered into by the counties or other municipality\npursuant to this section may be for such term or duration, not to exceed\ntwenty-five years, as may be agreed upon by the parties thereto.\n 7. Any contract entered into pursuant to this section to which the\nauthority shall be a party may be pledged by the authority as security\nfor any issue of bonds, and may be assigned, in whole or in part, by the\nauthority, to any public corporation or person which shall construct,\npurchase, lease or otherwise acquire any solid waste management-resource\nrecovery facility, or part thereof, financed in whole or in part by the\nauthority.\n