§ 2051-T — Contracts with municipalities; powers of municipalities

§ 2051-t. Contracts with municipalities; powers of municipalities. 1.\nThe county and one or more municipalities within the county, or the\nauthority and the county, shall have power to contract from time to time\nbetween or among themselves, or among themselves and with the authority,\nin relation to the receiving, transporting, storage, processing or\ndisposal of solid waste or for the purchase or use of any materials,\nenergy, by-products or residue generated by or resulting from the\noperation of any solid waste management facility. Any such contract to\nwhich the authority and any municipality within the county are parties\nmay include provisions stipulating the maximum rates, rentals, fees and\nother charges to be collected for the use of facilities. Any contract to\nwhich the authority and the county are parties may include provisions\n(i) requiring the periodic delivery to the particular facilities of\nminimum amounts of solid waste and providing for specified minimum\nperiod payments whether or not such delivery is made, or (ii) requiring\nthe county to pay, within appropriations available therefor, such\namounts as shall be necessary to assure the continued operation and\nsolvency of the agency, such payments to be determined and paid in such\nmanner and at such times as may be provided in such contract.\n 2. In recognition of existing state policy, as declared in title one\nof article twenty-seven of the environmental conservation law, the\nlegislature hereby affirms the primacy of the local and regional role in\nresource recovery procedures. To further the governmental and public\npurposes of the authority, including the implementation of any contract\nor proposed contract contemplated by this title, the county and all\nother municipalities within the county shall have power to adopt and\namend local laws, ordinances and regulations imposing appropriate and\nreasonable limitations on competition with respect to collecting,\nreceiving, transporting, delivering, storing, processing and disposing\nof solid waste or the recovery by any means of any material or energy\nproduct or resource therefrom, and shall further have the power to adopt\nand amend local law requiring that all solid waste generated, originated\nor brought within their respective boundaries, subject to such\nexceptions as may be determined to be in the public interest, shall be\ndelivered to a specified facility or facilities; provided however, that\nany such local law enacted by the county shall take precedence over and\nshall supersede any inconsistent provisions of any such local law\nenacted by a municipality with the county. 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. For the purposes of this section,\nsolid waste shall have the same meaning as defined in section two\nthousand fifty-one-b of this title, but shall not include any scrap or\nother material of value separated from the waste stream and held for\npurposes of materials recycling. Upon the adoption of any local law,\nordinance or regulation pursuant to this section, the participating\ncounty or municipality shall file with the commissioner of the\ndepartment of environmental conservation a verified copy of such local\nlaw, ordinance or regulation.\n 3. The county is 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 subdivision one of this\nsection. Any resale or other disposition may be made in such manner as\nthe county may deem proper and upon such terms and conditions as may be\nagreed upon by the parties thereto.\n 4. The county and all other municipalities within the county shall\nhave 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 5. Except as otherwise provided by section one hundred twenty-w of the\ngeneral municipal law, any contract entered into by a 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 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\nfacility, or part thereof, financed in whole or in part by the\nauthority.\n