§ 2050-TT — Pledge by towns; contracts with municipalities; powers of municipalities

New York § 2050-TT

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-H: Eastern Rensselaer County Solid Waste Management Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2050-tt. Pledge by towns; contracts with municipalities; powers of\nmunicipalities. 1. The towns are hereby authorized to pledge to and\nagree with the holders of any bonds that the towns will not limit or\nimpair the rights hereby vested in the authority to purchase, construct,\nown and operate, maintain, repair, improve, increase, enlarge, extend,\nreconstruct, renovate, rehabilitate or dispose of any project, or any\npart or parts thereof, for which bonds of the authority shall have been\nissued, to establish and collect rates, rents, fees and other charges\nreferred to in this title and to fulfill the terms of any agreements\nmade with the holders of the bonds or with any public corporation or\nperson with reference to such project or part thereof, or in any way\nimpair the rights and remedies of the bondholders, until the bonds,\ntogether 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 authority and the towns shall have power to contract from time\nto time in relation to the collecting, receiving, transporting, storage,\nprocessing or disposal of solid waste or for the purchase or use of any\nmaterials, energy, by-products or residue generated by or resulting from\nthe operation of any solid waste management-resource recovery facility.\nAny such contract to which the authority, the towns or any municipality\nwithin the area of operation are parties may include provisions\nstipulating the minimum and/or maximum rates, rentals, fees and other\ncharges to be collected for the use and availability of facilities. Any\ncontract may also include provisions: (a) requiring any such town or\nmunicipality to deliver, or cause to be delivered, periodically to a\nspecified facility or facilities all or any portion of the solid waste\ngenerated, originated or brought within such town or municipality and\nproviding for specified minimum periodic payments whether or not such\ndelivery of any such solid-waste is made; (b) reserving to any such town\nor municipality, and granting by the authority to any such town or\nmunicipality, a portion of or the entirety of the capacity of a solid\nwaste management-resource recovery facility as any such town or\nmunicipality determines is reasonably necessary to meet its present and\nreasonably anticipated needs and providing for specified minimum\nperiodic payments in consideration thereof, or (c) requiring the towns\nto pay such amounts as shall be necessary to assure the continued\noperation and solvency of the authority, all such payments to be\ndetermined and paid in such manner and at such times as may be provided\nin 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 towns 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 towns 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. Upon the adoption of any local law, ordinance or regulation\npursuant to this section, the towns or other municipality shall file a\nverified copy of such local law, ordinance or regulation with the\ncommissioner of the department of environmental conservation; provided,\nhowever, that the failure to so file such a local law, ordinance or\nregulation shall not invalidate such local law, ordinance or regulation.\nUpon the adoption or amendment of any local law or ordinance pursuant to\nsection one hundred twenty-aa of the general municipal law, any or all\nof the towns, by their respective legislative body, is authorized and\nempowered to delegate and assign to the authority, in whole or in part,\nby contract and on such terms as the parties may agree, the\nadministration and implementation of the source separation and recycling\nprogram. Such delegation and assignment powers should be in addition to\nany other contracting powers and authority the towns may have under this\nsection.\n For purposes of this subdivision, solid waste shall have the meaning\nspecified in 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.\n 4. The towns are hereby authorized to resell or otherwise dispose of\nall 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 towns may deem\nproper and upon such terms and conditions as may be agreed upon by the\nparties thereto.\n 5. The towns and all other municipalities within the area of operation\nshall have power to perform such other acts, to enter into such other\ncontracts, including contracts between or among themselves, execute such\ninstruments and to undertake such future proceedings as shall be\ndetermined necessary or desirable to effectuate the purpose of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe authority.\n 6. 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