N.Y. PBA Law § 2047-E — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-E
Powers of the agency
Status: in_force

§ 2047-e. Powers of the agency. The agency shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same;\n  3. To acquire in the name of the agency, hold, sell, lease, mortgage\nor otherwise dispose of property, real, personal or mixed, or any\ninterest therein, without limitation, for its corporate purposes;\nprovided, however, that in the acquisition of any real property\ndesignated as the site for any facility, the agency shall give\nconsideration to the present and any proposed land use character of the\narea in which the site is to be located and the zoning laws or\nregulations, if any, otherwise generally applicable to such area.\n  4. To take by eminent domain, subject to the approval of the county\nlegislature and the county executive in the name of the agency, pursuant\nto the eminent domain procedure law, within the area of operation any\nreal property required by the agency to carry out the powers granted by\nthis title.\n  5. To collect, receive, transport, process, dispose of, sell, store,\nconvey, recycle, and deal with, in any lawful manner and way, solid\nwaste and any products or by-products thereof now or hereafter developed\nor discovered, including any energy generated by the operation of any\nsolid waste management-resource recovery facility. Any such disposal or\nsale may be effected on such terms and in such manner as the agency may\ndeem proper.\n  6. To plan, develop and construct projects and to pay the cost thereof\nand to have the right to contract in relation thereto with\nmunicipalities or persons within or without the county and to own and\noperate, maintain, repair, improve, reconstruct, enlarge, and extend,\nsubject to the provisions of this title, any of its projects acquired or\nconstructed under this title, and to sell, lease, mortgage or otherwise\ndispose of any project or part thereof to any person or public\ncorporation, subject to such conditions and limitations as the agency\nmay determine to be in the public interest.\n  7. To assist in the planning, development and construction of and the\nfinancing of the cost of any solid waste management-resource recovery\nfacility to be located in the county whether or not such solid waste\nmanagement-resource recovery facility is to be owned or operated by the\nagency, which assistance may include loans to any person or public\ncorporation. Any such solid waste management-resource recovery facility\nproducing either electricity or shaft horsepower and useful thermal\nenergy shall constitute a co-generation facility as defined in\nsubdivision two-a of section two of the public service law.\n  8. To collect or receive from the United States, the state, the\ncounty, any other municipality or public corporation or person, solid\nwaste for the purpose of treatment or disposal thereof, with the right\nof the agency to sell and dispose of any products or by-products\n(including energy) of such process of treatment or disposal, as the\nagency may deem proper;\n  9. To contract with the county, other municipalities, state agencies,\npublic corporations or persons within or without the county, for the\npurpose of collecting, receiving, treating and disposing of solid waste\nincluding without limitation to contract with persons for the delivery\nof all solid waste generated within a stated area to a specific solid\nwaste management-resource recovery facility.\n  10. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of any project or other property of the agency, which by-laws and\nall amendments thereto, duly certified by the secretary of the agency,\nshall be filed in the office of the agency and in the office of the\nclerk of the county, and to provide for the enforcement of such by-laws\nby legal or equitable proceedings which are or may be provided or\nauthorized by law. In addition, the county legislature shall have power\nto prescribe that violations of specific by-laws of the agency shall\nconstitute offenses or infractions and provide for the punishment of\nviolations thereof by civil penalty.\n  11. With the consent of the county executive, to use officers or\nemployees of the county and to pay a proper portion of the compensation\nor costs for the services for such officers or employees.\n  12. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable.\n  13. To enter on any lands with the consent of the county executive,\nwaterways and premises within the county for the purpose of making\nsurveys, soundings, and examinations, and liability therefor shall not\nexceed actual damages.\n  14. To borrow money and to issue bonds and to fund or refund the same,\nand to provide for the rights of the holders thereof.\n  15. Subject to any limitations imposed by any contract pursuant to\nsubdivision two of section two thousand forty-six-t of this title, to\nfix and collect rates, rentals, fees and other charges for the use of\nthe facilities of, or services rendered by, or any commodities furnished\nby, the agency so as to provide revenues sufficient at all times to pay,\nas the same shall become due, the principal and interest on the bonds of\nthe agency, together with the maintenance of proper reserves therefor,\nin addition to paying, as the same shall become due, the expenses of\noperating and maintaining the properties of the agency, together with\nproper reserves for debt service, depreciation, maintenance and\ncontingencies and all other obligations and indebtedness of the agency.\n  16. To accept gifts, grants, loans or contributions from the United\nStates, the state or any agency or instrumentality of either of them, or\nany municipality or from any person, by bequest or otherwise, and to\nexpend the proceeds for any corporate purposes of the agency; and\n  17. To negotiate a fee per ton of waste processed or other benefit\nwith the municipality hosting a solid waste management facility; and\n  18. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n
N.Y. RSS Law § 415 — New York Code / Act RSS / Article 8 / Title 13 / Section 415
Application of provisions of article two of the retirement and social security law
Status: in_force

§ 415. Application of provisions of article two of the retirement and\nsocial security law.  All the powers and duties conferred or imposed\nupon the comptroller by article two of this chapter, which are necessary\nfor the administration of this article and not inconsistent with this\narticle, are to that extent made applicable to this article even though\nsuch provisions are not expressly made applicable to this article by the\nprovisions of this article.\n
N.Y. PBA Law § 2041-A — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-A
Definitions
Status: in_force

§ 2041-a. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Area of operation" shall mean any or all of the participating\ncounties.\n  2. "Authority" shall mean the public benefit corporation created by\nsection two thousand forty-one-b of this title, known as the Montgomery,\nOtsego, Schoharie solid waste management authority.\n  2-a. "Authorities budget office" shall mean the independent entity\nwithin the department of state established pursuant to section four of\nthis chapter.\n  3. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title and the\nprovisions of this title relating to bonds and bondholders which shall\napply with equal force and effect to notes and noteholders,\nrespectively, unless the context otherwise clearly requires.\n  4. "Construction" shall mean the acquisition, erection, building,\nalteration, repair, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a solid waste management\nresource recovery facility including any appurtenances thereto which may\nbe necessary or desirable to promote the efficiency or effectiveness of\na project; the inspection and supervision thereof; and the engineering,\narchitectural, legal, fiscal and economic investigations and studies,\nsurveys, designs, plans, working drawings, specifications, procedures\nand other actions incidental thereto.\n  5. "Cost", as applied to any contract, means and includes the cost of\nconstruction, the cost of the acquisition of all property, including\nreal property and other property, both real and personal and improved\nand unimproved, the cost of demolishing, removing or relocating any\nbuildings or structures on lands so acquired, including the cost of\nrelocating tenants or other occupants of the buildings or structures on\nsuch land and the cost of acquiring any lands to which such buildings or\nstructures may be moved or relocated, the cost of all systems,\nfacilities, machinery, apparatus and equipment, financing charges,\ninterest prior to, during and after construction to the extent not paid\nor provided for from revenues or other sources, the cost of engineering\nand architectural surveys, plans and specifications, the cost of\nconsultants' and legal services, the cost of lease guarantee or bond\ninsurance, other expenses necessary or incidental to the construction of\nsuch project and the financing of the construction thereof, including\nthe amount authorized in the resolution of the authority providing for\nthe issuance of bonds to be paid into any reserve or other special fund\nfrom the proceeds of such bonds and the financing of the placing of any\nproject in operation, including reimbursement to a county, any\nmunicipality, state authority, the state, the United States government\nor any other person for expenditures that would be costs of the project\nhereunder had they been made directly by the authority.\n  6. "Governing body" shall mean the members of the authority\nconstituting and acting as the governing body of the authority.\n  7. "Legislative body" or "legislative bodies" shall mean any or all of\nthe boards of supervisors of the counties of Montgomery and Schoharie\nand the board of representatives of the county of Otsego.\n  8. "Municipality" shall mean any county, including any participating\ncounty, city, town, village, refuse district under the county law,\nimprovement district under the town law, any other such instrumentality,\nincluding an agency or public corporation of the state, or any of the\nforegoing, or any combination thereof.\n  9. "Participating counties" shall mean those of the counties of\nMontgomery, Otsego and Schoharie that shall have appointed members of\nthe authority and shall have filed a certificate in accordance with\nsection two thousand forty-one-b of this title.\n  10. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n  11. "Primary public water supply aquifer" shall mean a highly\nproductive water bearing formation identified by the department\nconsisting of unconsolidated (non-bedrock) geologic deposits, which:\n(1) receives substantial recharge from the overlying land surface; and\n(2) is presently utilized as a major source of water for public water\nsupply.\n  12. "Principal aquifer" shall mean unconsolidated (non-bedrock)\ngeologic deposits identified by the department which: (1) receives\nsubstantial recharge from the overlying land surface; (2) is known to be\nhighly productive or whose geology suggests a potentially abundant\nsource of water; and (3) is not presently used as a major source of\nwater for public water supply.\n  13. "Project" shall mean any solid waste management resource recovery\nfacility and any appurtenances thereto necessary or desirable to promote\nthe efficiency or effectiveness of any facility, of which, or any\nportion of which, the planning, development, financing, construction,\noperation or maintenance is authorized to be undertaken in whole or in\npart by the authority pursuant to this title.\n  14. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands underwater, riparian rights, air\nrights, space rights and any fixtures, equipment and articles of\npersonal property affixed to or used in connection therewith, and any\nand all things and rights included within said term and includes not\nonly fees simple absolute, but also any and all lesser interests\nincluding, but not limited to easements, rights-of-way, uses, leases,\nlicenses and all other incorporeal hereditaments and every estate,\ninterest or right, legal or equitable, including terms for years and\nliens thereon by way of judgment, mortgages or otherwise and all claims\nfor damages for such real estate.\n  15. "Resource recovery" shall mean the separation, extraction and\nrecovery of usable materials, energy or heat from solid waste through\nsource separation, incineration, recycling centers or other programs,\nprojects or facilities.\n  16. "Revenues" shall mean all rates, fees, rents, charges and other\nincome derived by the authority from its operations.\n  17. "Solid waste" shall mean all putrescible and non-putrescible solid\nwastes, including, but not limited to, materials or substances discarded\nor rejected, whether as being spent, useless, worthless or in excess to\nthe owners at the time of such discard or rejection or for any other\nreason, or are being accumulated, stored, or physically, chemically or\nbiologically treated prior to being discarded, having served their\nintended use, or are a manufacturing by-product, including, but not\nlimited to, garbage, refuse, and other discarded solid materials,\nincluding solid waste materials resulting from industrial, commercial\nand agricultural operations and from community activities, sludges from\nair or water pollution control facilities or water supply treatment\nfacilities, rubbish, ashes, contained gaseous material, incinerator\nresidue, demolition and construction debris and offal, but not including\nsewage and other highly diluted water-carried materials or substances\nand those in gaseous form, special nuclear or by-product material within\nthe meaning of the Atomic Energy Act of 1954, as amended, or waste which\nappears on the list or satisfies the characteristics of hazardous waste\npromulgated by the commissioner of environmental conservation pursuant\nto section 27-0903 of the environmental conservation law.\n  18. "Solid waste management resource recovery facility" or "facility"\nshall mean any facility, plant, works, system, building, structure,\nimprovement, machinery, equipment, fixture or other real or personal\nproperty which is being used, occupied or employed for or is incidental\nto the collecting, receiving, transporting, storage, processing, or\ndisposal of solid waste or the recovery by any means of any material or\nenergy product or resource therefrom including, but not limited to,\nrecycling centers, transfer stations, baling facilities, rail haul or\nmaritime facilities, collection vehicles, processing systems, resource\nrecovery facilities, steam and electric generating and transmission\nfacilities, including auxiliary facilities to supplement or temporarily\nreplace such generating facilities, steam distribution and related\nplants and facilities, sanitary landfills, leachate treatment\nfacilities, plants and facilities for compacting, composting or\npyrolization of solid wastes, secure land burial facilities,\nlandspreading facilities, surface impoundments and waste oil storage,\nreprocessing and recycling facilities, incinerators, and other solid\nwaste disposal, reduction or conversion facilities and resource recovery\nequipment and disposal equipment as defined in subdivisions four and\nfive of section 51-0903 of the environmental conservation law.  Any such\nfacility producing either electricity or shaft horsepower and useful\nthermal energy shall constitute a co-generation facility as defined in\nsubdivision two-a of section two of the public service law.\n  19. "Source separation" shall mean the segregation of recyclable\nmaterials from the solid waste stream at the point of generation for\nseparate collection, sale or other disposition.\n  20. "State" shall mean the state of New York.\n
N.Y. ENV Law § 21-1301 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1301
Susquehanna river basin compact
Status: in_force

§ 21-1301. Susquehanna river basin compact.\n  The Susquehanna river basin compact as first entered into pursuant to\nchapter 785 of the laws of 1967, is hereby continued as follows:\n                     SUSQUEHANNA RIVER BASIN COMPACT\n                                Preamble\nWhereas the signatory parties hereto recognize the water resources of\nthe Susquehanna River Basin as regional assets vested with local, state,\nand national interest for which they have a joint responsibility; and\ndeclare as follows:\n  1. The conservation, utilization, development, management, and control\nof the water resources of the Susquehanna River Basin under\ncomprehensive multiple purpose planning will bring the greatest benefits\nand produce the most efficient service in the public interest; and\n  2. This comprehensive planning administered by a basin-wide agency\nwill provide flood damage reduction, conservation and development of\nsurface and ground water supply for municipal, industrial, and\nagricultural uses, development of recreational facilities in relation to\nreservoirs, lakes and streams, propagation of fish and game, promotion\nof forest land management, soil conservation, and watershed projects,\nprotection and aid to fisheries, development of hydroelectric power\npotentialities, improved navigation, control of the movement of salt\nwater, abatement and control of water pollution, and regulation of\nstream flows toward the attainment of these goals; and\n  3. The water resources of the basin are presently subject to the\nduplicating, overlapping, and uncoordinated administration of a large\nnumber of governmental agencies which exercise a multiplicity of powers\nresulting in a splintering of authority and responsibility; and\n  4. The Interstate Advisory Committee on the Susquehanna River Basin,\ncreated by action of the states of New York, Pennsylvania, and Maryland,\non the basis of its studies and deliberation has concluded that regional\ndevelopment of the Susquehanna River Basin is feasible, advisable, and\nurgently needed, and has recommended that an intergovernmental compact\nwith Federal participation be consummated to this end; and\n  5. The Congress of the United States and the executive branch of the\nFederal government have recognized a national interest in the\nSusquehanna River Basin by authorizing and directing the Corps of\nEngineers of the Department of the Army, the Department of Agriculture,\nthe Department of Health, Education and Welfare, the Department of\nInterior, and other Federal agencies to cooperate in making\ncomprehensive surveys and reports concerning the water resources of the\nSusquehanna River Basin in which individually or severally the technical\naid and assistance of many Federal and state agencies have been\nenlisted, and which are being or have been coordinated through a\nSusquehanna River Basin Study Coordinating Committee on which the Corps\nof Engineers of the Department of the Army, the Department of\nAgriculture, the Department of Commerce, the Department of Health,\nEducation and Welfare, the Department of Interior, the Department of\nHousing and Urban Development and its predecessor Housing and Home\nFinance Agency, the Federal Power Commission, and the States of New\nYork, Pennsylvania, and Maryland are or were represented; and\n  6. Some three million people live and work in the Susquehanna River\nBasin and its environs, and the government, employment, industry, and\neconomic development of the entire region and the health, safety, and\ngeneral well being of its population are and will continue to be\naffected vitally by the conservation, utilization, development,\nmanagement, and control of the water resources of the basin; and\n  7. Demands upon the water resources of the basin are expected to mount\nbecause of anticipated increases in population and by reason of\nindustrial and economic growth of the basin and its service area; and\n  8. Water resources planning and development are technical, complex,\nand expensive, often requiring fifteen to twenty years from the\nconception to the completion of large or extensive projects; and\n  9. The public interest requires that facilities must be ready and\noperative when and where needed, to avoid the damages of unexpected\nfloods or prolonged drought, and for other purposes; and\n  10. The Interstate Advisory Committee on the Susquehanna River Basin\nhas prepared a draft of an intergovernmental compact for the creation of\na basin agency, and the signatory parties desire to effectuate the\npurposes thereof;\nNow therefore\n  The States of New York and Maryland and the Commonwealth of\nPennsylvania, and the United States of America hereby solemnly covenant\nand agree with each other, upon the enactment of concurrent legislation\nby the Congress of the United States and by the respective state\nlegislatures, to the Susquehanna River Basin Compact which consists of\nthis Preamble and the Articles that follow.\n     ARTICLE 1--SHORT TITLE, DEFINITIONS, PURPOSES, AND LIMITATIONS\n  Section 1.1. Short Title.\n  This compact shall be known and may be cited as the Susquehanna River\nBasin Compact.\n  1.2 Definitions.\n  For the purposes of this compact, and of any supplemental or\nconcurring legislation enacted pursuant to it:\n  1. "Basin" shall mean the area of drainage of the Susquehanna River\nand its tributaries into Chesapeake Bay to the southern edge of the\nPennsylvania Railroad bridge between Harve de Grace and Perryvile,\nMaryland.\n  2. "Commission" shall mean the Susquehanna River Basin Commission\nhereby created, and the term "Commissioner" shall mean a member of the\ncommission.\n  3. "Cost" shall mean direct and indirect expenditures, commitment, and\nnet induced adverse effects, whether or not compensated for, used or\nincurred in connection with the establishment, acquisition,\nconstruction, maintenance, and operation of a project.\n  4. "Diversion" shall mean the transfer of water into or from the\nbasin.\n  5. "Facility" shall mean any real or personal property, within or\nwithout the basin, and improvements thereof or thereon, and any and all\nrights of way, water, water rights, plants, structures, machinery, and\nequipment acquired, constructed, operated, or maintained for the\nbeneficial use of water resources or related land uses or otherwise\nincluding, without limiting the generality of the foregoing, any and all\nthings and appurtenances necessary, useful, or convenient for the\ncontrol, collection, storage, withdrawal, diversion, release, treatment,\ntransmission, sale, or exchange of water; or for navigation thereon, or\nthe development and use of hydroelectric energy and power, and public\nrecreational facilities; of the propagation of fish and wildlife; or to\nconserve and protect the water resources of the basin or any existing or\nfuture water supply source, or to facilitate any other uses of any of\nthem.\n  6. "Federal government" shall mean the government of the United States\nof America, and any appropriate branch, department, bureau, or division\nthereof, as the case may be.\n  7. "Project" shall mean any work, service, or activity which is\nseparately planned, financed, or identified by the commission, or any\nseparate facility undertaken or to be undertaken by the commission or\notherwise within a specified area, for the conservation, utilization,\ncontrol, development, or management of water resources which can be\nestablished and utilized independently or as an addition to an existing\nfacility and can be considered as a separate entity for purposes of\nevaluation.\n  8. "Signatory party" shall mean a state or commonwealth party to this\ncompact, or the Federal government.\n  9. "Waters" shall mean both surface and underground waters which are\ncontained within the drainage area of the Susquehanna River in the\nstates of New York, Pennsylvania, and Maryland.\n  10. "Water resources" shall include all waters and related natural\nresources within the basin.\n  11. "Withdrawal" shall mean a taking or removal of water from any\nsource within the basin for use within the basin.\n  12. "Person" shall mean an individual, corporation, partnership,\nunincorporated association, and the like and shall have no gender, and\nthe singular shall include the plural.\n  1.3 Purpose and Findings.\n  The legislative bodies of the respective signatory parties hereby find\nand declare:\n  1. The water resources of the Susquehanna River Basin are affected\nwith a local, state, regional, and national interest, and the planning,\nconservation, utilization, development, management, and control of these\nresources, under appropriate arrangements for intergovernmental\ncooperation, are public purposes of the respective signatory parties.\n  2. The water resources of the basin are subject to the sovereign\nrights and responsibilities of the signatory parties, and it is the\npurpose of this compact to provide for a joint exercise of these powers\nof sovereignty in the common interest of the people of the region.\n  3. The water resources of the basin are functionally interrelated, and\nthe uses of these resources are interdependent. A single administrative\nagency is therefore essential for effective and economical direction,\nsupervision, and coordination of water resources efforts and programs of\nfederal, state, and local governments and of private enterprise.\n  4. Present and future demands require increasing economies and\nefficiencies in the use and reuse of water resources, and these can be\nbrought about only by comprehensive planning, programming, and\nmanagement under the direction of a single administrative agency.\n  5. In general, the purposes of this compact are to promote interstate\ncomity; to remove causes of possible controversy; to make secure and\nprotect developments within the states; to encourage and provide for the\nplanning, conservation, utilization, development, management, and\ncontrol of the water resources of the basin; to provide for cooperative\nand coordinated planning and action by the signatory parties with\nrespect to water resources; and to apply the principle of equal and\nuniform treatment to all users of water and of water related facilities\nwithout regard to political boundaries.\n  6. It is the express intent of the signatory parties that the\ncommission shall engage in the construction, operation, and maintenance\nof a project only when the project is necessary to the execution of the\ncomprehensive plan and no other competent agency is in a position to\nact, or such agency fails to act.\n  1.4. Powers of Congress; Withdrawal.\n  Nothing in this compact shall be construed to relinquish the\nfunctions, powers, or duties of the Congress of the United States with\nrespect to the control of any navigable waters within the basin nor\nshall any provisions hereof be construed in derogation of any of the\nconstitutional powers of the Congress to regulate commerce among the\nstates and with foreign nations. The power and right of the Congress to\nwithdraw the Federal government as a party to this compact or to revise\nor modify the terms, conditions, and provisions under which it may\nremain a party by amendment, repeal, or modification of any Federal\nstatute applicable hereto is recognized by the signatory parties.\n  1.5 Duration of Compact.\n  (a) The duration of this compact shall be for an intitial period of\n100 years from its effective date, and it shall be continued for\nadditional periods of 100 years if not less than 20 years nor more than\n25 years prior to the termination of the initial period or any\nsucceeding period none of the signatory states, by authority of an act\nof its legislature, notifies the commission of intention to terminate\nthe compact at the end of the then current 100-year period.\n  (b) In the event this compact should be terminated by operation of\nparagraph (a) above, the commission shall be dissolved, its assets and\nliabilities transferred in accordance with the equities of the signatory\nparties therein, and its corporate affairs wound up in accordance with\nagreement of the signatory parties or, failing agreement, by act of the\nCongress.\n                    ARTICLE 2--ORGANIZATION AND AREA\n  Section 2.1 Commission Created.\n  The Susquehanna River Basin Commission is hereby created as a body\npolitic and corporate, with succession for the duration of this compact,\nas an agency and instrumentality of the governments of the respective\nsignatory parties.\n  2.2 Commission Membership.\n  The members of the commission shall be the governor or the designee of\nthe governor of each signatory state, to act for him, and one member to\nbe appointed by the President of the United States to serve at the\npleasure of the President.\n  2.3 Alternates.\n  An alternate from each signatory party shall be appointed by its\nmember of the commission unless otherwise provided by the laws of the\nsignatory party. The alternate, in the absence of the member, shall\nrepresent the member and act for him. In the event of a vacancy in the\noffice of alternate, it shall be filled in the same manner as the\noriginal appointment.\n  2.4 Compensation.\n  Members of the commission and alternates shall serve without\ncompensation from the commission but may be reimbursed for necessary\nexpenses incurred in and incident to the performance of their duties.\n  2.5 Voting Power.\n  Each member is entitled to one vote. No action of the commission may\nbe taken unless three of the four members vote in favor thereof.\n  2.6 Organization and Procedure.\n  The commission shall provide for its own organization and procedure,\nand shall adopt the rules and regulations governing its meetings and\ntransactions. It shall organize annually by the election of a chairman\nand vice-chairman from among its members. It shall provide by its rules\nfor the appointment by each member in his discretion of an advisor to\nserve without compensation from the commission, who may attend all\nmeetings of the commission and its committees.\n  2.7 Jurisdiction of the Commission.\n  The commission shall have, exercise, and discharge its functions,\npowers, and duties within the limits of the basin. Outside the basin,\nthe commission shall act at its discretion, but only to the extent\nnecessary to implement its responsibilities within the basin, and where\nnecessary subject to the consent of the state wherein it proposes to\nact.\n             ARTICLE 3--POWERS AND DUTIES OF THE COMMISSION\n  Section 3.1 General.\n  The Commission shall develop and effectuate plans, policies, and\nprojects relating to the water resources of the basin. It shall adopt\nand promote uniform and coordinated policies for water resources\nconservation and management in the basin. It shall encourage and direct\nthe planning, development, operation, and subject to applicable laws the\nfinancing of water resources projects according to such plans and\npolicies.\n  3.2 Policy.\n  It is the policy of the signatory parties to preserve and utilize the\nfunctions, powers, and duties of the existing offices and agencies of\ngovernment to the extent consistent with this compact, and the\ncommission is directed to utilize those offices and agencies for the\npurposes of this compact.\n  3.3 Comprehensive Plan, Program and Budgets.\n  The commission in accordance with Article 14 of this compact, shall\nformulate and adopt:\n  1. A comprehensive plan, after consultation with appropriate water\nusers and interested public bodies for the immediate and long range\ndevelopment and use of the water resources of the basin;\n  2. A water resources program, based upon the comprehensive plan, which\nshall include a systematic presentation of the quantity and quality of\nwater resources needs of the area to be served for such reasonably\nforeseeable period as the commission may determine, balanced by existing\nand proposed projects required to satisfy such needs, including all\npublic and private projects affecting the basin, together with a\nseparate statement of the projects proposed to be undertaken by the\ncommission during such period; and\n  3. An annual current expense budget and an annual capital budget\nconsistent with the commission's program, projects, and facilities for\nthe budget period.\n  3.4 Powers of Commission.\n  The commission may:\n  1. Plan, design, acquire, construct, reconstruct, complete, own,\nimprove, extend, develop, operate, and maintain any and all projects,\nfacilities, properties, activities, and services which are determined by\nthe commission to be necessary, convenient, or useful for the purposes\nof this compact.\n  2. Establish standards of planning, design, and operation of all\nprojects and facilities in the basin to the extent they affect water\nresources, including without limitation thereto water, sewage and other\nwaste treatment plants and facilities, pipelines, transmission lines,\nstream and lake recreational facilities, trunk mains for water\ndistribution, local flood protection works, watershed management\nprograms, and ground water recharging operations.\n  3. Conduct and sponsor research on water resources and their planning,\nuse, conservation, management, development, control, and protection, and\nthe capacity, adaptability, and best utility of each facility thereof,\nand collect, compile, correlate, analyze, report, and interpret data on\nwater resources and uses in the basin, including without limitation\nthereto the relation of water to other resources, industrial water\ntechnology, ground water movement, relation between water price and\nwater demand and other economic factors, and general hydrological\nconditions.\n  4. Collect, compile, coordinate, and interpret systematic surface and\nground water data, and publicize such information when and as needed for\nwater uses, flood warning, quality maintenance, or other purposes.\n  5. Conduct ground and surface water investigations, tests, and\noperations, and compile data relating thereto as may be required to\nformulate and administer the comprehensive plan.\n  6. Prepare, publish, and disseminate information and reports\nconcerning the water problems of the basin and for the presentation of\nthe needs and resources of the basin and policies of the commission to\nexecutive and legislative branches of the signatory parties.\n  7. Negotiate loans, grants, gifts, services, or other aids as may be\nlawfully available from public or private sources to finance or assist\nin effectuating any of the purposes of this compact, and receive and\naccept them upon terms and conditions, and subject to provisions, as may\nbe required by Federal or state law or as the commission may deem\nnecessary or desirable.\n  8. Exercise such other and different powers as may be delegated to it\nby this compact or otherwise pursuant to law, and have and exercise all\npowers necessary or convenient to carry out its express powers and other\npowers which reasonably may be implied therefrom.\n  9. Adopt, amend, and repeal rules and regulations to implement this\ncompact.\n  3.5 Duties of the Commission.\n  The commission shall:\n  1. Develop and effectuate plans, policies, and projects relating to\nwater resources, adopt, promote, and coordinate policies and standards\nfor water resources conservation, control, utilization, and management,\nand promote and implement the planning, development, and financing of\nwater resources projects.\n  2. Undertake investigations, studies, and surveys, and acquire,\nconstruct, operate, and maintain projects and facilities in regard to\nthe water resources of the basin, whenever it is deemed necessary to do\nso to activate or effectuate any of the provisions of this compact.\n  3. Administer, manage, and control water resources in all matters\ndetermined by the commission to be interstate in nature or to have a\nmajor effect on the water resources and water resources management.\n  4. Assume jurisdiction in any matter affecting water resources\nwhenever it determines after investigation and public hearing upon due\nnotice given, that the effectuation of the comprehensive plan or the\nimplementation of this compact so requires. If the commission finds upon\nsubsequent hearing requested by an affected signatory party that the\nparty will take the necessary action, the commission may relinquish\njurisdiction.\n  5. Investigate and determine if the requirements of the compact or the\nrules and regulations of the commission are complied with, and if\nsatisfactory progress has not been made, institute an action or actions\nin its own name in any state or federal court of competent jurisdiction\nto compel compliance with any and all of the provisions of this compact\nor any of the rules and regulations of the commission adopted pursuant\nthereto. An action shall be instituted in the name of the commission and\nshall be conducted by its own counsel.\n  3.6 Cooperative Legislation and Further Jurisdiction.\n  (a) Each of the signatory parties agrees that it will seek enactment\nof such additional legislation as will be required to enable its\nofficers, departments, commissions, boards, and agents to accomplish\neffectively the obligations and duties assumed under the terms of this\ncompact.\n  (b) Nothing in the compact shall be construed to repeal, modify, or\nqualify the authority of any signatory party to enact any legislation or\nenforce any additional conditions and restrictions within its\njurisdiction.\n  3.7 Coordination and Cooperation.\n  The commission shall promote and aid the coordination of the\nactivities and programs of Federal, state, municipal, and private\nagencies concerned with water resources administration in the basin. To\nthis end, but without limitation thereto, the commission may:\n  1. Advise, consult, contract, financially assist, or otherwise\ncooperate with any and all such agencies;\n  2. Employ any other agency or instrumentality of any of the signatory\nparties or of any political subdivision thereof, in the design,\nconstruction, operation, and maintenance of structures, and the\ninstallation and management of river control systems, or for any other\npurpose;\n  3. Develop and adopt plans and specifications for particular water\nresources projects and facilities which so far as consistent with the\ncomprehensive plan incorporate any separate plans of other public and\nprivate organizations operating in the basin, and permit the\ndecentralized administration thereof;\n  4. Qualify as a sponsoring agency under any Federal legislation\nheretofore or hereafter enacted to provide financial or other assistance\nfor the planning, conservation, utilization, development, management, or\ncontrol of water resources.\n  3.8 Allocations, Diversions, and Releases.\n  (a) The commission shall have power from time to time as the need\nappears, to allocate the waters of the basin to and among the states\nsignatory to this compact and impose related conditions, obligations,\nand release requirements.\n  (b) The commission shall have power from time to time as the need\nappears to enter into agreements with other river basin commissions or\nother states with respect to in-basin and out-of-basin allocations,\nwithdrawals, and diversions.\n  (c) No allocation of waters made pursuant to this section shall\nconstitute a prior appropriation of the waters of the basin or confer\nany superiority of right in respect to the use of those waters, nor\nshall any such action be deemed to constitute an apportionment of the\nwaters of the basin among the parties hereto. This subsection shall not\nbe deemed to limit or restrict the power of the commission to enter into\ncovenants with respect to water supply, with a duration not exceeding\nthe life of this compact, as it may deem necessary for the benefit or\ndevelopment of the water resources of the basin.\n  3.9 Rates and Charges.\n  The commission, from time to time after public hearing upon due notice\ngiven may fix, alter, and revise rates, rentals, charges, and tolls, and\nclassifications thereof, without regulation or control by any\ndepartment, office, or agency of any signatory party, for the use of\nfacilities owned or operated by it, and any services or products which\nit provides.\n  3.10 Referral and Review.\n  No projects affecting the water resources of the basin, except those\nnot requiring review and approval by the commission under paragraph 3\nfollowing, shall be undertaken by any person, governmental authority or\nother entity prior to submission to and approval by the commission or\nappropriate agencies of the signatory parties for review.\n  1. All water resources projects for which a permit or other form of\npermission to proceed with construction or implementation is required by\nlegislative action of a signatory party or by rule or regulation of an\noffice or agency of a signatory party having functions, powers, and\nduties in the planning, conservation, development, management, or\ncontrol of water resources shall be submitted as heretofore to the\nappropriate office or agency of the signatory party for review and\napproval. To assure that the commission is apprised of all projects\nwithin the basin, monthly reports and listings of all permits granted,\nor similar actions taken, by offices or agencies of the signatory\nparties shall be submitted to the commission in a manner prescribed by\nit.\n  Those projects which also require commission approval pursuant to the\nprovisions of paragraphs 2(ii) and 2(iii) following shall be submitted\nto the commission through appropriate offices or agencies of a signatory\nparty, except that, if no agency of a signatory party has jurisdiction,\nsuch projects shall be submitted directly to the commission in such\nmanner as the commission shall prescribe.\n  2. Approval of the commission shall be required for, but not limited\nto, the following:\n  (i) All projects on or crossing the boundary between any two signatory\nstates;\n  (ii) Any project involving the diversion of water;\n  (iii) Any project within the boundaries of any signatory state found\nand determined by the commission or by any agency of a signatory party\nhaving functions, powers, and duties in the planning, conservation,\ndevelopment, management, or control of water resources to have a\nsignificant effect on water resources within another signatory state;\nand\n  (iv) Any project which has been included by the commission, after\nhearing, as provided in Article 14, Section 14.1, as a part of the\ncommission's comprehensive plan for the development of the water\nresources of the basin, or which would have a significant effect upon\nthe plan.\n  3. Review and approval by the commission shall not be required for:\n  (i) Projects which fall into an exempt classification or designation\nestablished by legislative action of a signatory party or by rule or\nregulation of an office or agency of a signatory party having functions,\npowers, and duties in the planning, conservation, development,\nmanagement, or control of water resources. The sponsors of those\nprojects are not required to obtain a permit or other form of permission\nto proceed with construction or implementation, unless it is determined\nby the commission or by the agency of a signatory party that such\nproject or projects may cause an adverse, adverse cumulative, or an\ninterstate effect on water resources of the basin, and the project\nsponsor has been notified in writing by the commission or by the agency\nof a signatory party that commission approval is required.\n  (ii) Projects which are classified by the commission as not requiring\nits view and approval, for so long as they are so classified.\n  4. The commission shall approve a project if it determines that the\nproject is not detrimental to the proper conservation, development,\nmanagement, or control of the water resources of the basin and may\nmodify and approve as modified, or may disapprove the project, if it\ndetermines that the project is not in the best interest of the\nconservation, development, management, or control of the basin's water\nresources, or is in conflict with the comprehensive plan.\n  5. The commission, after consultation with the appropriate offices or\nagencies of the signatory parties, shall establish the procedure of\nsubmission, review, and consideration of projects. Any procedure for\nreview and approval of diversions of water shall include public hearing\non due notice given with opportunity for interested persons, agencies,\ngovernmental units, and signatory parties to be heard and to present\nevidence. A complete transcript of the proceedings at the hearing shall\nbe made and preserved, and it shall be made available under rules for\nthat purpose adopted by the commission.\n  6. Any determination of the commission pursuant to this article or any\narticle of the compact providing for judicial review shall be subject to\nsuch judicial review in any court of competent jurisdiction, provided\nthat an action or proceeding or for such review is commenced within 90\ndays from the effective date of the determination sought to be reviewed;\nbut a determination of the commission concerning a diversion, under\nSection 3.10-2(ii) with the claimed effect of reducing below a proper\nminimum the flow of water in that portion of the basin within the area\nof a signatory party, shall be subject to judicial review under the\nparticular provisions of paragraph 7 below.\n  7. Any signatory party deeming itself aggrieved by an action of the\ncommission concerning a diversion under Section 3.10-2(ii) with the\nclaimed effect of reducing below a proper minimum the flow of water in\nthat portion of the basin which lies within the area of that signatory\nparty, and notwithstanding the powers provided to the commission by this\ncompact, may have review of commission action approving the diversion in\nthe Supreme Court of the United States; provided that a proceeding for\nsuch review is commenced within one year from the date of action sought\nto be reviewed. Any such review shall be on the record made before the\ncommission. The action of the commission shall be affirmed, unless the\ncourt finds that it is not supported by substantial evidence.\n  3.11 Advisory Committees.\n  The commission may constitute and empower advisory committees.\n                         ARTICLE 4--WATER SUPPLY\n  Section 4.1 Generally.\n  The commission shall have power to develop, implement, and effectuate\nplans and projects for the use of the water of the basin for domestic,\nmunicipal, agricultural, and industrial water supply. To this end,\nwithout limitation thereto, it may provide for, construct, acquire,\noperate, and maintain dams, reservoirs, and other facilities for\nutilization of surface and ground water resources, and all related\nstructures, appurtenances, and equipment on the river and its\ntributaries and at such off-river sites as it may find appropriate, and\nmay regulate and control the use thereof.\n  4.2 Storage and Release of Waters.\n  (a) The commission shall have power to acquire, construct, operate,\nand control projects and facilities for the storage and release of\nwaters, for the regulation of flows and supplies of surface, and ground\nwaters of the basin, for the protection of public health, stream quality\ncontrol, economic development, improvement of fisheries, recreation,\ndilution and abatement of pollution, the prevention of undue salinity,\nand other purposes.\n  (b) No signatory party shall permit any augmentation of flow to be\ndiminished by the diversion of any water of the basin during any period\nin which waters are being released from storage under the direction of\nthe commission for the purpose of augmenting such flow, except in cases\nwhere the diversion is authorized by this compact, or by the commission\npursuant thereto, or by the judgment, order, or decree of a court of\ncompetent jurisdiction.\n  4.3 Assessable Improvements.\n  The commission may provide water management and regulation in the main\nstream or any tributary in the basin and, in accordance with the\nprocedures of applicable state laws, may assess on an annual basis or\notherwise the cost thereof upon water users or any classification of\nthem specially benefited thereby to a measurable extent, provided that\nno such assessment shall exceed the actual benefit to any water user.\nAny such assessment shall follow the procedure prescribed by law for\nlocal improvement assessments and shall be subject to review in any\ncourt of competent jurisdiction.\n  4.4 Coordination.\n  Prior to entering upon the execution of any project authorized by this\narticle, the commission shall review and consider all existing rights,\nplans, and programs of the signatory parties, their political\nsubdivisions, private parties, and water users which are pertinent to\nsuch project, and shall hold a public hearing on each proposed project.\n  4.5 Additional Powers.\n  In connection with any project authorized by this article, the\ncommission shall have power to provide storage, treatment, pumping, and\ntransmission facilities, but nothing herein shall be construed to\nauthorize the commission to engage in the business of distributing\nwater.\n             ARTICLE 5--WATER QUALITY MANAGEMENT AND CONTROL\n  Section 5.1 General Powers.\n  (a) The commission may undertake or contract for investigations,\nstudies, and surveys pertaining to existing water quality, effects of\nvaried actual or projected operations on water quality, new compounds\nand materials and probable future water quality in the basin. The\ncommission may receive, expend, and administer funds, Federal, state,\nlocal, or private as may be available to carry out these functions\nrelating to water quality investigations.\n  (b) The commission may acquire, construct, operate, and maintain\nprojects and facilities for the management and control of water quality\nin the basin whenever the commission deems necessary to activate or\neffectuate any of the provisions of this compact.\n  5.2 Policy and Standards.\n  (a) In order to conserve, protect, and utilize the water quality of\nthe basin in accordance with the best interests of the people of the\nbasin and the states, it shall be the policy of the commission to\nencourage and coordinate the efforts of the signatory parties to\nprevent, reduce, control, and eliminate water pollution and to maintain\nwater quality as required by the comprehensive plan.\n  (b) The legislative intent in enacting this article is to give\nspecific emphasis to the primary role of the states in water quality\nmanagement and control.\n  (c) The commission shall recommend to the signatory parties the\nestablishment, modification, or amendment of standards of quality for\nany waters of the basin in relation to their reasonable and necessary\nuse as the commission shall deem to be in the public interest.\n  (d) The commission shall encourage cooperation and uniform enforcement\nprograms and policies by the water quality control agencies of the\nsignatory parties in meeting the water quality standards established in\nthe comprehensive plan.\n  (e) The commission may assume jurisdiction whenever it determines\nafter investigation and public hearing upon due notice given that the\neffectuation of the comprehensive plan so requires. After such\ninvestigation, notice, and hearing, the commission may adopt such rules,\nregulations, and water quality standards as may be required to preserve,\nprotect, improve, and develop the quality of the waters of the basin in\naccordance with the comprehensive plan.\n  5.3 Cooperative Administration and Enforcement.\n  (a) Each of the signatory parties agrees to prohibit and control\npollution of the waters of the basin according to the requirements of\nthis compact and to cooperate faithfully in the control of future\npollution in and abatement of existing pollution from the waters of the\nbasin.\n  (b) The commission shall have the authority to investigate and\ndetermine if the requirements of the compact or the rules, regulations,\nand water quality standards of the commission are complied with and if\nsatisfactory progress has not been made, may institute an action or\nactions in its own name in the proper court or courts of competent\njurisdiction to compel compliance with any and all of the provisions of\nthis compact or any of the rules, regulations, and water quality\nstandards of the commission adopted pursuant thereto.\n  5.4 Further Jurisdiction.\n  Nothing in this compact shall be construed to repeal, modify, or\nqualify the authority of any signatory party to enact any legislation or\nenforce any additional conditions and restrictions to lessen or prevent\nthe pollution of waters within its jurisdiction.\n                       ARTICLE 6--FLOOD PROTECTION\n  Section 6.1 Flood Control Authority.\n  The commission may plan, design, construct, and operate and maintain\nprojects and facilities it deems necessary or desirable for flood plain\ndevelopment and flood damage reduction. It shall have power to operate\nsuch facilities and to store and release waters of the Susquehanna River\nand its tributaries and elsewhere within the basin, in such manner, at\nsuch times, and under such regulations as the commission may deem\nappropriate to meet flood conditions as they may arise.\n  6.2 Regulation.\n  (a) The commission may study and determine the nature and extent of\nthe flood plains of the Susquehanna River and its tributaries. Upon the\nbasis of the studies, it may delineate area subject to flooding,\nincluding but not limited to a classification of lands with reference to\nrelative risk of flooding and the establishment of standards for flood\nplain use which will promote economic development and safeguard the\npublic health, welfare, safety, and property. Prior to the adoption of\nany standards delineating the area or defining the use, the commission\nshall hold public hearings with respect to the substance of the\nstandards in the manner provided by Article 15. The proposed standards\nshall be available from the commission at the time notice is given, and\ninterested persons shall be given an opportunity to be heard thereon at\nthe hearings.\n  (b) The commission shall have power to promulgate, adopt, amend, and\nrepeal from time to time as necessary, standards relating to the nature\nand extent of the uses of land in areas subject to flooding.\n  (c) In taking action pursuant to subsection (b) of this section and as\na prerequisite thereto, the commission shall consider the effect of\nparticular uses of the flood plain in question on the health and safety\nof persons and property in the basin, the economic and technical\nfeasibility of measures available for the development and protection of\nthe flood plain, and the responsibilities, if any, of local, state, and\nfederal governments connected with the use or proposed use of the flood\nplain in question. The commission shall regulate the use of particular\nflood plains in the manner and degree it finds necessary for the factors\nenumerated in this subsection, but only with the consent of the affected\nsignatory state, and shall suspend such regulation when and so long as\nthe signatory party or parties or political subdivision possessing\njurisdiction have in force applicable laws which the commission finds\ngive adequate protection for the purpose of this section.\n  (d) In order to conserve, protect, and utilize the Susquehanna River\nand its tributaries in accordance with the best interests of the people\nof the basin and the signatory parties, it shall be the policy of the\ncommission to encourage and coordinate the efforts of the signatory\nparties to control modification of the river and its tributaries by\nencroachment.\n  6.3 Flood Lands Acquisition.\n  The commission shall have power to acquire the fee or any lesser\ninterest in lands and improvements thereon within the area of a flood\nplain for the purpose of regulating the use or types of construction of\nsuch property to minimize the flood hazard, convert the property to uses\nor types of construction appropriate to flood plain conditions, or\nprevent constrictions or obstructions that reduce the ability of the\nriver channel and flood plain to carry flood water.\n  6.4 Existing Structures.\n  No rule or regulation issued by the commission pursuant to this shall\nbe construed to require the demolition, removal, or alteration of any\nstructure in place or under construction prior to the issuance thereof,\nwithout the payment of just compensation therefor. However, new\nconstruction or any addition to or alteration in any existing structure\nmade or commenced subsequent to the issuance of such rule or regulation,\nor amendment, shall conform thereto.\n  6.5 Police Powers.\n  The regulation of use of flood plain lands is within the police powers\nof the signatory states for the protection of public health and the\nsafety of the people and their property and shall not be deemed a taking\nof land or lands for which compensation shall be paid to the owners\nthereof.\n  6.6 Cooperation.\n  Each of the signatory parties agrees to control flood plain use along\nand encroachment upon the Susquehanna and its tributaries and to\ncooperate faithfully in these respects.\n  6.7 Other Authority.\n  Nothing in this article shall be construed to prevent or in any way to\nlimit the power of any signatory party, or any agency or subdivision\nthereof, to issue or adopt and enforce any requirement or requirements\nwith respect to flood plain use or construction thereon more stringent\nthan the rules, regulations, or encroachment lines in force pursuant to\nthis article. The commission may appear in any court of competent\njurisdiction to bring actions or proceedings in law or equity to enforce\nthe provisions of this article.\n  6.8 Debris.\n  The signatory states agree that dumping or littering upon or in the\nwaters of the Susquehanna River or its tributaries or upon the frozen\nsurfaces thereof of any rubbish, trash, litter, debris, abandoned\nproperties, waste material, or offensive matter, is prohibited and that\nthe law enforcement officials of each state shall enforce this\nprohibition.\n                     ARTICLE 7--WATERSHED MANAGEMENT\n  Section 7.1 Watersheds Generally.\n  The commission shall promote sound practices of watershed management\nin the basin, including projects and facilities to retard runoff and\nwaterflow and prevent soil erosion.\n  7.2 Soil Conservation and Land and Forest Management.\n  The commission, subject to the limitations in Section 7.4(b), may\nacquire, sponsor, or operate facilities and projects to encourage soil\nconservation, prevent and control erosion, and promote land reclamation\nand sound land and forest management.\n  7.3 Fish and Wildlife.\n  The commission, subject to the limitations in Section 7.4(b), may\nacquire, sponsor, or operate projects and facilities for the maintenance\nand improvement of fish and wildlife habitat related to the water\nresources of the basin.\n  7.4 Cooperative Planning and Operation.\n  (a) The commission shall cooperate with the appropriate agencies of\nthe signatory parties and with other public and private agencies in the\nplanning and effectuation of a coordinated program of facilities and\nprojects authorized by this article.\n  (b) The commission shall not acquire or operate any such project or\nfacility unless it has first found and determined that no other suitable\nunit or agency of government is in a position to acquire or operate the\nsame upon reasonable conditions, or such unit or agency fails to do so.\n                          ARTICLE 8--RECREATION\n  Section 8.1 Development.\n  The commission may provide for the development of water related public\nsports and recreational facilities. The commission on its own account or\nin cooperation with a signatory party, political subdivision or any\nagency thereof, may provide for the construction, maintenance, and\nadministration of such facilities, subject to the provisions of Section\n8.2 hereof.\n  8.2 Cooperative Planning Operation.\n  (a) The commission shall cooperate with the appropriate agencies of\nthe signatory parties and with other public and private agencies in the\nplanning and effectuation of a coordinated program of facilities and\nprojects authorized by this article.\n  (b) The commission shall not operate any such project or facility\nunless it has first found and determined that no other suitable unit or\nagency of government is available to operate the same upon reasonable\nconditions.\n  8.3 Operation and Maintenance.\n  The commission, within limits prescribed by this article, shall:\n  1. Encourage activities of other public agencies having water related\nrecreational interests and assist in the coordination thereof;\n  2. Recommend standards for the development and administration of water\nrelated recreational facilities;\n  3. Provide for the administration, operation, and maintenance of\nrecreation facilities owned or controlled by the commission and for the\nletting and supervision of private concessions in accordance with this\narticle.\n  8.4 Concessions.\n  The commission, after public hearing upon due notice given shall\nprovide by regulation a procedure for the award of contracts for private\nconcessions in connection with its recreational facilities, including\nany renewal or extension thereof, under terms and conditions determined\nby the commission.\n                     ARTICLE 9--OTHER PUBLIC VALUES\n  Section 9.1 Inherent Values.\n  The signatory parties agree that it is a purpose of this compact in\neffectuating the conservation and management of water resources to\npreserve and promote the economic and other values inherent in the\nhistoric and the scenic and other natural amenities of the Susquehanna\nRiver Basin for the enjoyment and enrichment of future generations, for\nthe promotion and protection of tourist attractions in the basin, and\nfor the maintenance of the economic health of allied enterprises and\noccupations so as to effect orderly, balanced, and considered\ndevelopment in the basin.\n  9.2 Project Compatibility.\n  To this end, the signatory parties agree that in the consideration,\nauthorization, construction, maintenance, and operation of all water\nresources projects in the Susquehanna basin, their agencies and\nsubdivisions, and the Susquehanna River Basin Commission will consider\nthe compatibility of such projects with these other public values.\n  9.3 Regulation Standards.\n  The commission may recommend to governmental units with jurisdiction\nwithin areas considered for scenic or historic designation minimum\nstandards of regulation of land and water use and such other protective\nmeasures as the commission may deem desirable.\n  9.4 Local Area Protection.\n  The commission may draft and recommend for adoption ordinances and\nregulations which would assist, promote, develop, and protect those\nareas and the character of their communities. Local governments may\nconsider parts of their area which have been designated scenic or\nhistoric areas under the provisions of this article separately from the\nmunicipality as a whole, and pursuant to the laws of the state governing\nthe adoption of those regulations generally may enact regulations\nlimited to the designated area. In making recommendations to a local\ngovernment which is partly in and partly out of such a scenic or\nhistoric area the commission may make recommendations for the entire\nmunicipality.\n                     ARTICLE 10--HYDROELECTRIC POWER\n  Section 10.1 Development.\n  The waters of the Susquehanna River and its tributaries may be\nimpounded and used by or under authority of the commission for the\ngeneration of hydroelectric power and hydroelectric energy in accordance\nwith the comprehensive plan.\n  10.2 Power Generation.\n  The commission may develop and operate, or authorize to be developed\nand operated, dams and related facilities and appurtenances for the\npurpose of generating hydroelectric power and hydroelectric energy.\n  10.3 Transmission.\n  The commission may provide facilities for the transmission of\nhydroelectric power and hydroelectric energy produced by it where such\nfacilities are not otherwise available upon reasonable terms, for the\npurpose of wholesale marketing of power and nothing herein shall be\nconstrued to authorize the commission to engage in the business of\ndirect sale to consumers.\n  10.4 Development Contracts.\n  The commission, after public hearing upon due notice given may enter\ninto contracts on reasonable terms, consideration, and duration under\nwhich public utilities or public agencies may develop hydroelectric\npower and hydroelectric energy through the use of dams, related\nfacilities, and appurtenances.\n  10.5 Rates and Charges.\n  Rates and charges fixed by the commission for power which is produced\nby its facilities shall be reasonable, nondiscriminatory, and just.\n          ARTICLE 11--REGULATION OF WITHDRAWAL AND DIVERSIONS;\n                        PROTECTED AREAS AND EMERGENCIES\n  Section 11.1 Power of Regulation.\n  The commission may regulate and control withdrawals and diversions\nfrom surface waters and ground waters of the basin, as provided by this\narticle. The commission may enter into agreements with the signatory\nparties relating to the exercise of such power or regulation or control\nand may delegate to any of them such powers of the commission as it may\ndeem necessary or desirable.\n  11.2 Determination of Protected Area.\n  The commission, from time to time after public hearing upon due notice\ngiven may determine and delineate such areas within the basin wherein\nthe demands upon supply made by water users have developed or threaten\nto develop to such a degree as to create a water shortage or impair or\nconflict with the requirements or effectuation of the comprehensive\nplan, and any such area may be designated as a protected area, with the\nconsent of the member or members from the affected state or states. The\ncommission, whenever it determines that such shortage no longer exists,\nshall terminate the protected status of such area and shall give public\nnotice of such termination.\n  11.3 Diversion and Withdrawal Permits.\n  In any protected areas so determined and delineated, no person shall\ndivert or withdraw water for domestic, municipal, agricultural, or\nindustrial uses in excess of such quantities as the commission may\nprescribe by general regulations, except (1) pursuant to a permit\ngranted under this article, or (2) pursuant to a permit or approval\nheretofore granted under the laws of any of the signatory states.\n  11.4 Emergency.\n  (a) In the event of a drought which may cause an actual and immediate\nshortage of available water supply within the basin, or within any part\nthereof, the commission after public hearing upon due notice given may\ndetermine and delineate the area of the shortage and by unanimous vote\ndeclare a drought emergency therein. For the duration of the drought\nemergency as determined by the commission, it thereupon may direct\nincreases or decreases in any allocations, diversions, or releases\npreviously granted or required, for a limited time to meet the emergency\ncondition.\n  (b) In the event of a disaster or catastrophe other than drought,\nnatural or manmade, which causes or may cause an actual and immediate\nshortage of available and usable water, the commission by unanimous\nconsent may impose direct controls on the use of water and shall take\nsuch action as is necessary to coordinate the effort of federal, state,\nand local agencies and other persons and entities affected.\n  11.5 Standards.\n  Permits shall be granted, modified, or denied, as the case may be, to\navoid such depletion of the natural stream flows and ground waters in\nthe protected area or in an emergency area as will adversely affect the\ncomprehensive plan or the just and equitable interests and rights of\nother lawful users of the same source, giving due regard to the need to\nbalance and reconcile alternative and conflicting uses in the event of\nan actual or threatened shortage of water of the quality required.\n  11.6 Judicial Review.\n  The determinations and delineations of the commission pursuant to\nSection 11.2 and the granting, modification or denial of permits\npursuant to Section 11.3, 11.4, and 11.5 shall be subject to judicial\nreview in any court of competent jurisdiction.\n  11.7 Maintenance of Records.\n  Each signatory party shall provide for the maintenance and\npreservation of such records of authorized diversions and withdrawals\nand the annual volume thereof as the commission shall prescribe. Such\nrecords and supplementary reports shall be furnished to the commission\nat its request.\n  11.8 Existing State Systems.\n  Whenever the commission finds it necessary or desirable to exercise\nthe powers conferred with respect to emergencies by this article, any\ndiversion or withdrawal permits authorized or issued under the laws of\nany of the signatory states shall be superseded to the extent of any\nconflict with the control and regulation exercised by the commission.\n                 ARTICLE 12--INTERGOVERNMENTAL RELATIONS\n  Section 12.1 Federal Agencies and Projects.\n  For the purposes of avoiding conflicts of jurisdiction and of giving\nfull effect to the commission as a regional agency of the signatory\nparties, the following rules shall govern Federal projects affecting the\nwater resources of the basin, subject in each case to the provisions of\nSection 1.4 of this compact:\n  1. The planning of all projects related to powers delegated to the\ncommission by this compact shall be undertaken in consultation with the\ncommission.\n  2. No expenditure or commitment shall be made for or on account of the\nconstruction, acquisition, or operation of any project or facility nor\nshall it be deemed authorized, unless it shall have first been included\nby the commission in the comprehensive plan.\n  3. Each Federal agency otherwise authorized by law to plan, design,\nconstruct, operate or maintain any project or facility in or for the\nbasin shall continue to have, exercise, and discharge such authority\nexcept as specifically provided by this section.\n  12.2 State and Local Agencies and Projects.\n  For the purposes of avoiding conflicts of jurisdiction and of giving\nfull effect to the commission as a regional agency of the signatory\nparties, the following rules shall govern projects of the signatory\nstates, their political subdivisions and public corporations affecting\nwater resources of the basin:\n  1. The planning of all projects related to powers delegated to the\ncommission by this compact shall be undertaken in consultation with the\ncommission;\n  2. No expenditure or commitment shall be made for or on account of the\nconstruction, acquisition, or operation of any project or facility\nunless it first has been included by the commission in the comprehensive\nplan;\n  3. Each state and local agency otherwise authorized by law to plan,\ndesign, construct, operate, or maintain any project or facility in or\nfor the basin shall continue to have, exercise, and discharge such\nauthority, except as specifically provided by this section.\n  12.3 Reserved Taxing Powers of States.\n  Each of the signatory parties reserves the right to levy, assess, and\ncollect fees, charges, and taxes on or measured by the withdrawal or\ndiversion of waters of the basin for use within the jurisdiction of the\nrespective signatory parties.\n  12.4 Project Costs and Evaluation Standards.\n  The commission shall establish uniform standards and procedures for\nthe evaluation, determination of benefits, and cost allocations of\nprojects affecting the basin, and for the determination of project\npriorities, pursuant to the requirements of the comprehensive plan and\nits water resources program. The commission shall develop equitable cost\nsharing and reimbursement formulas for the signatory parties including:\n  1. Uniform and consistent procedures for the allocation of project\ncosts among purposes included in multiple-purpose programs;\n  2. Contracts and arrangements for sharing financial responsibility\namong and with signatory parties, public bodies, groups, and private\nenterprise, and for the supervision of their performance;\n  3. Establishment and supervision of a system of accounts for\nreimbursement purposes and directing the payments and charges to be made\nfrom such accounts;\n  4. Determining the basis and apportioning amounts (i) of reimbursable\nrevenues to be paid signatory parties or their political subdivisions,\nand (ii) of payments in lieu of taxes to any of them.\n  12.5 Cooperative Services.\n  The commission shall furnish technical services, advice, and\nconsultation to authorized agencies of the signatory parties with\nrespect to the water resources of the basin, and each of the signatory\nparties pledges itself to provide technical and administrative service\nto the commission upon request within the limits of available\nappropriations, and to cooperate generally with the commission for the\npurposes of this compact, and the cost of such service may be\nreimbursable whenever the parties deem appropriate.\n                      ARTICLE 13--CAPITAL FINANCING\n  Section 13.1 Borrowing Power.\n  The commission may borrow money for any of the purposes of this\ncompact and may issue its negotiable bonds and other evidences of\nindebtedness in respect thereto.\n  All such bonds and evidences of indebtedness shall be payable solely\nout of the properties and revenues of the commission without recourse to\ntaxation. The bonds and other obligations of the commission, except as\nmay be otherwise provided in the indenture under which they were issued,\nshall be direct and general obligations of the commission, and the full\nfaith and credit of the commission are hereby pledged for the prompt\npayment of the debt service thereon and for the fulfillment of all other\nundertakings of the commission assumed by it to or for the benefit of\nthe holders thereof.\n  13.2 Funds and Expenses.\n  The purposes of this compact shall include without limitation thereto\nall costs of any project or facility or any part thereof, including\ninterest during a period of construction and a reasonable time\nthereafter and any incidental expenses (legal, engineering, fiscal,\nfinancial consultant, and other expenses) connected with issuing and\ndisposing of the bonds; all amounts required for the creation of an\noperating fund, construction fund, reserve fund, sinking fund, or other\nspecial fund; all other expenses connected with the planning, design,\nacquisition, construction, completion, improvement, or reconstruction of\nany facility or any part thereof; and reimbursement of advances by the\ncommission or by others for such purposes and for working capital.\n  13.3 Credit Excluded; Officers, State and Municipal.\n  The commission shall have no power to pledge the credit of any\nsignatory party or of any county or municipality, or to impose any\nobligation for payment of the bonds upon any signatory party or any\ncounty or municipality. Neither the commissioners nor any person\nexecuting the bonds shall be liable personally on the bonds of the\ncommission or be subject to any personal liability or accountability by\nreason of the issuance thereof.\n  13.4 Funding and Refunding.\n  Whenever the commission deems it expedient, it may fund and refund its\nbonds and other obligations, whether or not such bonds and obligations\nhave matured. It may provide for the issuance, sale, or exchange of\nrefunding bonds for the purpose of redeeming or retiring any bonds\n(including payment of any premium, duplicate interest, or cash\nadjustment required in connection therewith) issued by the commission or\nissued by any other issuing body, the proceeds of the sale of which have\nbeen applied to any facility acquired by the commission or which are\npayable out of the revenues of any facility acquired by the commission.\nBonds may be issued partly to refund bonds and other obligations then\noutstanding, and partly for any other purpose of the commission. All\nprovisions of this compact applicable to the issuance of bonds are\napplicable to refunding bonds and to the issuance, sale, or exchange\nthereof.\n  13.5 Bonds: Authorization Generally.\n  Bonds and other indebtedness of the commission shall be authorized by\nresolution of the commission. The validity of the authorization and\nissuance of any bonds by the commission shall not be dependent upon or\naffected in any way by: (1) the disposition of bond proceeds by the\ncommission or by contract, commitment or action taken with respect to\nsuch proceeds; or (2) the failure to complete any part of the project\nfor which bonds are authorized to be issued. The commission may issue\nbonds in one or more series and may provide for one or more consolidated\nbond issues, in such principal amounts and with such terms and\nprovisions as the commission may deem necessary. The bonds may be\nsecured by a pledge of all or any part of the property, revenues, and\nfranchises under its control. Bonds may be issued by the commission in\nsuch amount, with such maturities and in such denominations and form or\nforms, whether coupon or registered, as to both principal and interest,\nas may be determined by the commission. The commission may provide for\nredemption of bonds prior to maturity on such notice and at such time or\ntimes and with such redemption provisions, including premiums, as the\ncommission may determine.\n  13.6 Bonds, Resolutions and Indentures Generally.\n  The commission may determine and enter into indentures providing for\nthe principal amount, date or dates, maturities, interest rate,\ndenominations, form, registration, transfer, interchange, and other\nprovisions of the bonds and coupons and the terms and conditions upon\nwhich the same shall be executed, issued, secured, sold, paid, redeemed,\nfunded, and refunded. The resolution of the commission authorizing any\nbond or any indenture so authorized under which the bonds are issued may\ninclude all such covenants and other provisions other than any\nrestriction on the regulatory powers vested in the commission by this\ncompact as the commission may deem necessary or desirable for the issue,\npayment, security, protection, or marketing of the bonds, including\nwithout limitation covenants and other provisions as to the rates or\namounts of fees, rents, and other charges to be charged or made for use\nof the facilities; the use, pledge, custody, securing, application, and\ndisposition of such revenues, of the proceeds of the bonds, and of any\nother moneys of the commission; the operation, maintenance, repair, and\nreconstruction of the facilities and the amounts which may be expended\ntherefor; the sale, lease, or other disposition of the facilities; the\ninsuring of the facilities and of the revenues derived therefrom; the\nconstruction or other acquisition of other facilities; the issuance of\nadditional bonds or other indebtedness; the rights of the bondholders\nand of any trustee for the bondholders upon default by the commission or\notherwise; and the modification of the provisions of the indenture and\nof the bonds. Reference on the face of the bonds to such resolution or\nindenture by its date of adoption or the apparent date on the face\nthereof is sufficient to incorporate all of the provisions thereof and\nof this compact into the body of the bonds and their appurtenant\ncoupons. Each taker and subsequent holder of the bonds or coupons,\nwhether the coupons are attached to or detached from the bonds, has\nrecourse to all of the provisions of the indenture and of this compact\nand is bound thereby.\n  13.7 Maximum Maturity.\n  No bond or its terms shall mature in more than fifty years from its\nown date, or on any date subsequent to the duration of this compact, and\nin the event any authorized issue is divided into two or more series or\ndivisions, the maximum maturity date herein authorized shall be\ncalculated from the date on the face of each bond separately,\nirrespective of the fact that different dates may be prescribed for the\nbonds of each separate series or division of any authorized issue.\n  13.8 Tax Exemption.\n  All bonds issued by the commission under the provisions of this\ncompact and the interest thereon shall at all times be free and exempt\nfrom all taxation by or under authority of any of the signatory parties,\nexcept for transfer, inheritance, and estate taxes.\n  13.9 Interest.\n  Bonds shall bear interest at a rate determined by the commission,\npayable annually or semi-annually.\n  13.10 Place of Payment.\n  The commission may provide for the payment of the principal and\ninterest of bonds at any place or places within or without the signatory\nstates, and in any specified lawful coin or currency of the United\nStates of America.\n  13.11 Execution.\n  The commission may provide for the execution and authentication of\nbonds by the manual, lithographed, or printed facsimile signature of\nofficers of the commission, and by additional authentication by a\ntrustee or fiscal agent appointed by the commission. If any of the\nofficers whose signatures or countersignatures appear upon the bonds or\ncoupons ceases to be an officer before the delivery of the bonds or\ncoupons, his signature or countersignature is nevertheless valid and of\nthe same force and effect as if the officer had remained in office until\nthe delivery of the bonds and coupons.\n  13.12 Holding Own Bonds.\n  The commission shall have power out of any funds available therefor to\npurchase its bonds and may hold, cancel, or resell such bonds.\n  13.13 Sale.\n  The commission may fix terms and conditions for the sale or other\ndisposition of any authorized issue of bonds and may sell its bonds at\nless than their par or face value. All bonds issued and sold for cash\npursuant to this compact shall be sold on sealed proposals to the\nhighest bidder. Prior to such sale, the commission shall advertise for\nbids by publication of a notice of sale not less than ten days prior to\nthe date of sale, at least once in a newspaper of general circulation\nprinted and published in New York City carrying municipal bonds notices\nand devoted primarily to financial news. The commission may reject any\nand all bids submitted and may thereafter sell the bonds so advertised\nfor sale at private sale to any financially responsible bidder under\nsuch terms and conditions as it deems most advantageous to the public\ninterest, but the bonds shall not be sold at a net interest cost\ncalculated upon the entire issue so advertised, greater than the lowest\nbid which was rejected. In the event the commission desires to issue its\nbonds in exchange for an existing facility or portion thereof, or in\nexchange for bonds secured by the revenues of an existing facility, it\nmay exchange such bonds for the existing facility or portion thereof or\nfor the bonds so secured, plus an additional amount of cash, without\nadvertising such bonds for sale.\n  13.14 Negotiability.\n  All bonds issued under the provisions of this compact are negotiable\ninstruments, except when registered in the name of a registered owner.\n  13.15 Legal Investments.\n  Bonds of the commission shall be legal investments for savings banks,\nfiduciaries and public funds in each of the signatory states.\n  13.16 Validation Proceedings.\n  Prior to the issuance of any bonds, the commission may institute a\nspecial proceeding to determine the legality of proceedings to issue the\nbonds and their validity under the laws of any of the signatory parties.\nSuch proceedings shall be instituted and prosecuted in rem, and the\njudgment rendered therein shall be conclusive against all persons\nwhomsoever and against each of the signatory parties.\n  13.17 Recording.\n  No indenture need be recorded or filed in any public office, other\nthan the office of the commission. The pledge of revenues provided in\nany indenture shall take effect forthwith as provided therein and\nirrespective of the date of receipts of such revenues by the commission\nor the indenture trustee. Such pledge shall be effective as provided in\nthe indenture without physical delivery of the revenues to the\ncommission or the indenture trustee.\n  13.18 Pledged Revenues.\n  Bond redemption and interest payments, to the extent provided in the\nresolution or indenture, shall constitute a first, direct and exclusive\ncharge and lien on all such rates, rents, tolls, fees, and charges and\nother revenues and interest thereon received from the use and operation\nof the facility, and on any sinking or other funds created therefrom.\nAll such rates, rents, tolls, fees, charges and other revenues, together\nwith interest thereon, shall constitute a trust fund for the security\nand payment of such bonds, and except as and to the extent provided in\nthe indenture with respect to the payment therefrom of expenses for\nother purposes including administration, operation, maintenance,\nimprovements, or extensions of the facilities or other purposes shall\nnot be used or pledged for any other purpose so long as such bonds, or\nany of them, are outstanding, and unpaid.\n  13.19 Remedies.\n  The holder of any bond may for the equal benefit and protection of all\nholders of bonds similarly situated; (1) by mandamus or other\nappropriate proceedings require and compel the performance of any of the\nduties imposed upon the commission or assumed by it, its officers,\nagents, or employees under the provisions of any indenture, in\nconnection with the acquisition, construction, operation, maintenance,\nrepair, reconstruction, or insurance of the facilities, or in connection\nwith the collection, deposit, investment, application, and disbursement\nof the rates, rents, tolls, fees, charges, and other revenues derived\nfrom the operation and use of the facilities, or in connection with the\ndeposit, investment, and disbursement of the proceeds received from the\nsale of bonds; or (2) by action or suit in a court of competent\njurisdiction of any signatory party require the commission to account as\nif it were the trustee of an express trust, or enjoin any acts or things\nwhich may be unlawful or in violation of the rights of the holders of\nthe bonds. The enumeration of such rights and remedies, however, does\nnot exclude the exercise or prosecution of any other rights or remedies\navailable to the holders of bonds.\n  13.20 Capital Financing by Signatory Parties; Guarantees.\n  (a) The signatory parties shall provide such capital funds required\nfor projects of the commission as may be authorized by their respective\nstatutes in accordance with a cost sharing plan prepared pursuant to\nArticle 12 of this compact; but nothing in this section shall be deemed\nto impose any mandatory obligation on any of the signatory parties other\nthan such obligations as may be assumed by a signatory party in\nconnection with a specific project or facility.\n  (b) Bonds of the commission, notwithstanding any other provision of\nthis compact, may be executed and delivered to any duly authorized\nagency of any of the signatory parties without public offering and may\nbe sold and resold with or without the guaranty of such signatory party,\nsubject to and in accordance with the constitutions of the respective\nsignatory parties.\n  (c) The commission may receive and accept, and the signatory parties\nmay make, loans, grants, appropriations, advances, and payments of\nreimbursable or nonreimbursable funds or property in any form for the\ncapital or operating purposes of the commission.\n                  ARTICLE 14--PLAN, PROGRAM AND BUDGETS\n  Section 14.1 Comprehensive Plan.\n  The commission shall develop and adopt, and may from time to time\nreview and revise, a comprehensive plan for the immediate and long range\ndevelopment and use of the water resources of the basin. The plan shall\ninclude all public and private projects and facilities which are\nrequired, in the judgment of the commission, for the optimum planning,\ndevelopment, conservation, utilization, management, and control of the\nwater resources of the basin to meet present and future needs. The\ncommission may adopt a comprehensive plan or any revision thereof in\nsuch part or parts as it may deem appropriate, provided that before the\nadoption of the plan or any part or revision thereof the commission\nshall consult with water users and interested public bodies and public\nutilities and shall consider and give due regard to the findings and\nrecommendations of the various agencies of the signatory parties, their\npolitical subdivisions, and interested groups. The commission shall\nconduct public hearings upon due notice given with respect to the\ncomprehensive plan prior to the adoption of the plan or any part of the\nrevision thereof, except that public and private projects and facilities\nwhich, in the judgment of the commission, are not required for the\noptimum planning, development, conservation, utilization, management,\nand control of the water resources of the basin and which, in the\njudgment of the commission, will not significantly affect the water\nresources of the basin, may be added directly to the comprehensive plan\nat any time at the discretion of the commission without public hearing\nthereon. The comprehensive plan shall take into consideration the effect\nof the plan or any part thereof upon the receiving waters of Chesapeake\nBay.\n  14.2 Water Resources Program.\n  The commission shall annually adopt a water resources program, based\nupon the comprehensive plan, consisting of the projects and facilities\nwhich the commission proposes to be undertaken by the commission and by\nother authorized governmental and private agencies, organizations, and\npersons during the ensuing six years or such other reasonably\nforeseeable period as the commission may determine. The water resources\nprogram shall include a systematic presentation of:\n  1. The quantity and quality of water resources needs for such period;\n  2. The existing and proposed projects and facilities required to\nsatisfy such needs, including all public and private projects to be\nanticipated; and\n  3. A separate statement of the projects proposed to be undertaken by\nthe commission during such period.\n  14.3 Annual Current Expense and Capital Budgets.\n  (a) The commission shall annually adopt a capital budget including all\ncapital projects it proposes to undertake or continue during the budget\nperiod containing a statement of the estimated cost of each project and\nthe method of financing thereof.\n  (b) The commission shall annually adopt a current expense budget for\neach fiscal year. Such budget shall include the commission's estimated\nexpenses for administration, operation, maintenance, and repairs,\nincluding a separate statement thereof for each project, together with\nits cost allocation. The total of such expenses shall be balanced by the\ncommission's estimated revenues from all sources, including the cost\nallocations undertaken by any of the signatory parties in connection\nwith any project. Following the adoption of the annual current expense\nbudget by the commission, the executive director of the commission\nshall:\n  1. Certify to the respective signatory parties the amounts due in\naccordance with existing cost sharing established for each project; and\n  2. Transmit certified copies of such budget to the principal budget\nofficer of the respective signatory parties at such time and in such\nmanner as may be required under their respective budgetary procedures.\nThe amount required to balance the current expense budget in addition to\nthe aggregate amount of item 1 above and all other revenues available to\nthe commission shall be apportioned equitably among the signatory\nparties by unanimous vote of the commission, and the amount of such\napportionment to each signatory party shall be certified together with\nthe budget.\n  (c) The respective signatory parties covenant and agree to include the\namount so apportioned for the support of the current expense budget in\ntheir respective budgets next to be adopted, subject to such review and\napproval as may be required by their respective budgetary processes.\nSuch amounts shall be due and payable to the commission in quarterly\ninstallments during its fiscal year, provided that the commission may\ndraw upon its working capital to finance its current expense budget\npending remittance by the signatory parties.\n                     ARTICLE 15--GENERAL PROVISIONS\n  Section 15.1 Auxiliary Powers of Commission; Functions of\nCommissioners.\n  (a) The commission, for the purposes of this compact, may:\n  1. Adopt and use a corporate seal, enter into contracts, and sue and\nbe sued in any court of competent jurisdiction;\n  2. Receive and accept such payments, appropriations, grants, gifts,\nloans, advances, and other funds, properties, and services as may be\ntransferred or made available to it by any signatory party or by any\nother public or private corporation or individual, and enter into\nagreements to make reimbursement for all or part thereof;\n  3. Provide for, acquire, and adopt detailed engineering,\nadministrative, financial, and operating plans and specifications to\neffectuate, maintain, or develop any facility or project;\n  4. Control and regulate the use of facilities owned or operated by the\ncommission;\n  5. Acquire, own, operate, maintain, control, sell and convey real and\npersonal property and any interest therein by contract, purchase, lease,\nlicense, mortgage, or otherwise as it may deem necessary for any project\nor facility, including any and all appurtenances thereto necessary,\nuseful, or convenient for such ownership, operation, control,\nmaintenance, or conveyance;\n  6. Have and exercise all corporate powers essential to the declared\nobjects and purposes of the commission.\n  (b) The commissioners, subject to the provisions of this compact,\nshall:\n  1. Serve as the governing body of the commission, and exercise and\ndischarge its powers and duties, except as otherwise provided by or\npursuant to this compact;\n  2. Determine the character of and the necessity for its obligations\nand expenditures and the manner in which they shall be incurred,\nallowed, and paid subject to any provisions of law specifically\napplicable to agencies or instrumentalties created by this compact;\n  3. Provide for the internal organization and administration of the\ncommission;\n  4. Appoint the principal officers of the commission and delegate to\nand allocate among them administrative functions, powers and duties;\n  5. Create and abolish offices, employments, and positions as it deems\nnecessary for the purposes of the commission, and subject to the\nprovisions of this article, fix and provide for the qualification,\nappointments, removal, term, tenure, compensation, pension, and\nretirement rights of its officers and employees;\n  6. Let and execute contracts to carry out the powers of the\ncommission.\n  15.2 Regulations; Enforcement.\n  The commission may:\n  1. Make and enforce rules and regulations for the effectuation,\napplication, and enforcement of this compact; and it may adopt and\nenforce practices and schedules for or in connection with the use,\nmaintenance, and administration of projects and facilities it may own or\noperate and any product or service rendered thereby; provided that any\nrule or regulation, other than one which deals solely with the internal\nmanagement of the commission, shall not be effective unless and until\nfiled in accordance with the law of the respective signatory parties\napplicable to administrative rules and regulations generally; and\n  2. Designate any officer, agent, or employee of the commission to be\nan investigator or watchman and such person shall be vested with the\npowers of a peace officer of the state in which he is duly assigned to\nperform his duties.\n  15.3 Tax Exemptions.\n  The commission, its property, functions and activities shall be exempt\nfrom taxation by or under the authority of any of the signatory parties\nor any political subdivision thereof; provided that in lieu of property\ntaxes the commission, as to its specific projects, shall make payments\nto local taxing districts in annual amounts which shall equal the taxes\nlawfully assessed upon property for the tax year next prior to its\nacquisition by the commission for a period of ten years. The nature and\namount of such payments shall be reviewed by the commission at the end\nof ten years, and from time to time thereafter, upon reasonable notice\nand opportunity to be heard to the affected taxing district, and the\npayments may be thereupon terminated or continued in such reasonable\namount as may be necessary or desirable to take into account hardships\nincurred and benefits received by the taxing jurisdiction which are\nattributable to the project.\n  15.4 Meetings; Public Hearing; Records, Minutes.\n  (a) All meetings of the commission shall be open to the public.\n  (b) The commission shall conduct at least one public hearing in each\nstate prior to the adoption of the initial comprehensive plan. In all\nother cases wherein this compact requires a public hearing, such hearing\nshall be held upon not less than twenty days' public notice given by\nposting at the offices of the commission, and published at least once in\na newspaper or newspapers of general circulation in the area or areas\naffected. The commission shall also provide forthwith for distribution\nof such notice to the press and by the mailing of a copy thereof to any\nperson who shall request such notices.\n  (c) The minutes of the commission shall be a public record open to\ninspection at its offices during regular business hours.\n  15.5 Officers Generally.\n  (a) The officers of the commission shall consist of an executive\ndirector and such additional officers, deputies, and assistants as the\ncommission may determine. The executive director shall be appointed and\nmay be removed by the affirmative vote of a majority of the full\nmembership of the commission. All other officers and employees shall be\nappointed or dismissed by the executive director under such rules of\nprocedure as the commission may establish.\n  (b) In the appointment and promotion of officers and employees for the\ncommission, no political, racial, religious, or residence test or\nqualification shall be permitted or given consideration, but all such\nappointments and promotions shall be solely on the basis of merit and\nfitness. Any officer or employee of the commission who is found by the\ncommission to be guilty of a violation of this section shall be\nimmediately dismissed.\n  15.6 Oath of Office.\n  An oath of office in such form as the commission shall prescribe shall\nbe taken, subscribed, and filed with the commission by the executive\ndirector and by each officer appointed by him not later than fifteen\ndays after the appointment.\n  15.7 Bond.\n  Each officer shall give such bond and in such form and amount as the\ncommission may require, for which the commission shall pay the premium.\n  15.8 Prohibited Activities.\n  (a) No commissioner, officer or employee shall:\n  1. Be financially interested, either directly or indirectly, in any\ncontract, sale, purchase, lease, or transfer of real or personal\nproperty to which the commission is a party;\n  2. Solicit or accept money or any other thing of value in addition to\nthe compensation or expense paid him by the commission for services\nperformed within the scope of his official duties;\n  3. Offer money or any thing of value for or in consideration of\nobtaining an appointment, promotion, or privilege in his employment with\nthe commission.\n  (b) Any officer or employee who willfully violates any of the\nprovisions of this section shall forfeit his office or employment.\n  (c) Any contract or agreement knowingly made in contravention of this\nsection is void.\n  (d) Officers and employees of the commission shall be subject, in\naddition to the provisions of this section, to such criminal and civil\nsanctions for misconduct in office as may be imposed by Federal law and\nthe law of the signatory state in which such misconduct occurs.\n  15.9 Purchasing.\n  Contracts for the construction, reconstruction or improvement of any\nfacility when the expenditure required exceeds ten thousand dollars, and\ncontracts for the purchase of services, supplies, equipment, and\nmaterials when the expenditure required exceeds five thousand dollars\nshall be advertised and let upon sealed bids to the lowest responsible\nbidder. Notice requesting such bids shall be published in a manner\nreasonably likely to attract prospective bidders, which publication\nshall be made at least thirty days before bids are received and in at\nleast two newspapers of general circulation in the basin. The commission\nmay reject any and all bids and readvertise in its discretion. If after\nrejecting bids the commission determines and resolves that in its\nopinion the supplies, equipment, and materials may be purchased at a\nlower price in the open market, the commission may give each responsible\nbidder an opportunity to negotiate a price and may proceed to purchase\nthe supplies, equipment, and materials in the open market at a\nnegotiated price which is lower than the lowest rejected bid of a\nresponsible bidder, without further observance of the provisions\nrequiring bids or notice. The commission shall adopt rules and\nregulations to provide for purchasing from the lowest responsible bidder\nwhen sealed bids, notice, and publication are not required by this\nsection. The commission may suspend and waive the provisions of this\nsection requiring competitive bids whenever:\n  1. The purchase is to be made from or the contract to be made with the\nFederal or any state government or any agency or political subdivision\nthereof or pursuant to any open and bulk purchase contract of any of\nthem;\n  2. The public exigency requires the immediate delivery of the articles\nor performance of the service;\n  3. Only one source of supply is available;\n  4. The equipment to be purchased is of a technical nature and the\nprocurement thereof without advertising is necessary in order to assure\nstandardization of equipment and interchangeability of parts in the\npublic interest; or\n  5. Services are to be provided of a specialized or professional\nnature.\n  15.10 Insurance.\n  The commission may self-insure or purchase insurance and pay the\npremiums therefor against loss or damage to any of its properties;\nagainst liability for injury to persons or property; and against loss of\nrevenue from any cause whatsoever. Such insurance coverage shall be in\nsuch form and amount as the commission may determine, subject to the\nrequirements of any agreement arising out of the issuance of bonds by\nthe commission.\n  15.11 Annual Independent Audit.\n  (a) As soon as practical after the closing of the fiscal year an audit\nshall be made of the financial accounts of the commission. The audit\nshall be made by qualified certified public accountants selected by the\ncommission, who have no personal interest direct or indirect in the\nfinancial affairs of the commission or any of its officers or employees.\nThe report of audit shall be prepared in accordance with accepted\naccounting practices and shall be filed with the chairman and such other\nofficers as the commission shall direct. Copies of the report shall be\ndistributed to each commissioner and shall be made available for public\ndistribution.\n  (b) Each signatory party by its duly authorized officers shall be\nentitled to examine and audit at any time all of the books, documents,\nrecords, files, and accounts and all other papers, things, or property\nof the commission. The representatives of the signatory parties shall\nhave access to all books, documents, records, accounts, reports, files,\nand all other papers, things, or property belonging to or in use by the\ncommission and necessary to facilitate the audit and they shall be\nafforded full facilities for verifying transactions with the balances or\nsecurities held by depositaries, fiscal agents, and custodians.\n  (c) The financial transactions of the commission shall be subject to\naudit by the General Accounting Office in accordance with the principles\nand procedures applicable to commercial corporate transactions and under\nsuch rules and regulations as may be prescribed by the Comptroller\nGeneral of the United States. The audit shall be conducted at the place\nor places where the accounts of the commission are kept.\n  (d) Any officer or employee who shall refuse to give all required\nassistance and information to the accountants selected by the commission\nor to the authorized officers of any signatory party or who shall refuse\nto submit to them for examination such books, documents, records, files,\naccounts, papers, things, or property as may be requested shall forfeit\nhis office.\n  15.12 Reports.\n  The commission shall make and publish an annual report to the\nlegislative bodies of the signatory parties and to the public reporting\non its programs, operations, and finances. It may also prepare, publish,\nand distribute such other public reports and informational materials as\nit may deem necessary or desirable.\n  15.13 Grants, Loans, or Payments by States or Political Subdivisions.\n  (a) Any or all of the signatory parties or any political subdivision\nthereof may:\n  1. Appropriate to the commission such funds as may be necessary to pay\npreliminary expenses such as the expenses incurred in the making of\nborings, and other studies of subsurface conditions, in the preparation\nof contracts for the sale of water and in the preparation of detailed\nplans and estimates required for the financing of a project;\n  2. Advance to the commission, either as grants or loans, such funds as\nmay be necessary or convenient to finance the operation and managment of\nor construction by the commission of any facility or project;\n  3. Make payments to the commission for benefits received or to be\nreceived from the operation of any of the projects or facilities of the\ncommission.\n  (b) Any funds which may be loaned to the commission either by a\nsignatory party or a political subdivision thereof shall be repaid by\nthe commission through the issuance of bonds or out of the other income\nof the commission, such repayment to be made within such period and upon\nsuch terms as may be agreed upon between the commission and the\nsignatory party or political subdivision making the loan.\n  15.14 Condemnation Proceedings.\n  (a) The commission shall have the power to acquire by condemnation the\nfee or any lesser interest in lands, lands lying under water,\ndevelopment rights in land, riparian rights, water rights, waters and\nother real or personal property within the basin for any project or\nfacility authorized pursuant to this compact. This grant of power of\neminent domain includes but is not limited to the power to condemn for\nthe purposes of this compact any property already devoted to a public\nuse, by whomsoever owned or held, other than property of a signatory\nparty. Any condemnation of any property or franchises owned or used by a\nmunicipal or privately owned public utility, unless the affected public\nutility facility is to be relocated or replaced, shall be subjct to the\nauthority of such state board, commission, or other body as may have\nregulatory jurisdiction over such public utility.\n  (b) The power of condemnation referred to in sub-section (a) shall be\nexercised in accordance with the provisions of the state condemnation\nlaw in force in the signatory state in which the property is located. If\nthere is no applicable state condemnation law, the power of condemnation\nshall be exercised in accordance with the provisions of Federal\ncondemnation law.\n  (c) Any award or compensation for the taking of property pursuant to\nthis article shall be paid by the commission, and none of the signatory\nparties nor any other agency, instrumentality or political subdivision\nthereof shall be liable for such award or compensation.\n  15.15 Conveyance of Lands and Relocation of Public Facilities.\n  (a) The respective officers, agencies, departments, commissions, or\nbodies having jurisdiction and control over real and personal property\nowned by the signatory parties are authorized and empowered to transfer\nand convey in accordance with the laws of the respective parties to the\ncommission any such property as may be necessary or convenient to the\neffectuation of the authorized purposes of the commission.\n  (b) Each political subdivision of each of the signatory parties,\nnotwithstanding any contrary provisions of law, is authorized and\nempowered to grant and convey to the commission, upon the commission's\nrequest, any real property or any interest therein owned by such\npolitical subdivision including lands lying under water and lands\nalready devoted to public use which may be necessary or convenient to\nthe effectuation of the authorized purposes of the commission.\n  (c) Any highway, public utility, or other public facility which will\nbe dislocated by reason of a project deemed necessary by the commission\nto effectuate the authorized purposes of this compact shall be relocated\nand the cost thereof shall be paid in accordance with the law of the\nstate in which the facility is located; provided that the cost of such\nrelocation payable by the commission shall not in any event exceed the\nexpenditure required to serve the public convenience and necessity.\n  15.16 Rights of Way.\n  Permission is hereby granted to the commission to locate, construct,\nand maintain any aqueducts, lines, pipes, conduits, and auxiliary\nfacilities authorized to be acquired, constructed, owned, operated, or\nmaintained by the commission in, over, under, or across any streets and\nhighways now or hereafter owned, opened, or dedicated to or for public\nuse, subject to such reasonable conditions as the highway department of\nthe signatory party may require.\n  15.17 Penalty.\n  Any person, association, or corporation who violates or attempts or\nconspires to violate any provisions of this compact or any rule,\nregulation, or order of the commission duly made, promulgated, or issued\npursuant to the compact in addition to any other remedy, penalty, or\nconsequence provided by law shall be punishable as may be provided by\nstatute of any of the signatory parties within which the violation is\ncommitted; provided that in the absence of such provision any such\nperson, association, or corporation shall be liable to a penalty of not\nless than $50 nor more than $l,000 for each such violation to be fixed\nby the court which the commission may recover in its own name in any\ncourt of competent jurisdiction, and in a summary proceeding where\navailable under the practice and procedure of such court. For the\npurposes of this section in the event of a continuing offense each day\nof such violation, attempt, or conspiracy shall constitute a separate\noffense.\n  15.18 Tort Liability.\n  The commission shall be responsible for claims arising out of the\nnegligent acts or omissions of its officers, agents, and employees only\nto the extent and subject to the procedures prescribed by law generally\nwith respect to officers, agents, and employees of the government of the\nUnited States.\n  15.19 Effect on Riparian Rights.\n  Nothing contained in this compact shall be construed as affecting or\nintending to affect or in any way to interfere with the law of the\nrespective signatory parties relating to riparian rights.\n  15.20 Amendments and Supplements.\n  Amendments and supplements to this compact to implement the purposes\nthereof may be adopted by legislative action of any of the signatory\nparties concurred in by all of the others.\n  15.21 Construction and Severability.\n  The provisions of this compact and of agreements thereunder shall be\nseverable and if any phrase, clause, sentence, or provision of the\nSusquehanna River Basin Compact or such agreement is declared to be\nunconstitutional or the applicability thereof to any signatory party,\nagency, or person is held invalid, the constitutionality of the\nremainder of such compact or such agreement and the applicability\nthereof to any other signatory party, agency, person, or circumstance\nshall not be affected thereby. It is the legislative intent that the\nprovisions of such compact be reasonably and liberally construed.\n  15.22 Effective Date; Execution.\n  This compact shall become binding and effective thirty days after the\nenactment of concurring legislation by the Federal government, the\nstates of Maryland and New York, and the Commonwealth of Pennsylvania.\nThe compact shall be signed and sealed in five identical original copies\nby the respective chief executives of the signatory parties. One such\ncopy shall be filed with the Secretary of State of each of the signatory\nparties or in accordance with the laws of the state in which the filing\nis made, and one copy shall be filed and retained in the archives of the\ncommission upon its organization.\n
N.Y. PBA Law § 2045-O — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-O
Actions against agency
Status: in_force

§ 2045-o. Actions against agency. 1. Except in an action for wrongful\ndeath, no action or special proceeding shall be prosecuted or maintained\nagainst the agency for personal injury or damage to real or personal\nproperty alleged to have been sustained by reason of the negligence or\nwrongful act of the agency or of any member, officer, agent or employee\nthereof, unless (a) a notice of claim shall have been made and served\nupon the agency within the time limit by and in compliance with section\nfifty-e of the general municipal law, (b) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, and (c) the action or\nspecial proceeding shall be commenced within one year and ninety days\nafter the happening of the event upon which the claim is based. An\naction against the agency for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the agency, it shall have\nthe right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The agency may require any person, presenting for settlement an\naccount or claim for any cause whatever against the agency to be sworn\nbefore a member, counsel or an attorney, officer or employee of the\nagency designated for such purpose, concerning such account or claim and\nwhen so sworn, to answer orally as to any facts relative to such account\nor claim. The agency shall have power to settle or adjust all claims in\nfavor of or against the agency.\n  4. The rate of interest to be paid by the agency upon any judgment for\nwhich it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n
N.Y. PBA Law § 2050-BB — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-BB
Definitions
Status: in_force

§ 2050-bb. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Area of operation" means area within the boundaries of those towns\nincluded in subdivision eighteen of this section which elect to\nparticipate in the authority pursuant to subdivision four of section two\nthousand fifty-cc of this title.\n  2. "Authority" means the public benefit corporation created by section\ntwo thousand fifty-cc of this title, known as the Eastern Rensselaer\ncounty solid waste management authority.\n  3. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title and the provisions of\nthis title relating to bonds and bondholders which shall apply with\nequal force and effect to notes and noteholders, respectively, unless\nthe context otherwise clearly requires.\n  4. "Construction" means the acquisition, erection, building,\nalteration, repair, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a solid waste\nmanagement-resource recovery facility; the inspection and supervision\nthereof; and the engineering, architectural, legal, fiscal and economic\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions incidental thereto.\n  5. "Cost" as applied to any project, means and includes the cost of\nconstruction, the cost of the acquisition of all property, both real and\npersonal and improved and unimproved, the cost of demolishing, removing\nor relocating any buildings or structures on lands so acquired,\nincluding the cost of relocating tenants or other occupants of the\nbuildings or structures on such land and the cost of acquiring any lands\nto which such building or structures may be moved or relocated, the cost\nof all systems, facilities, machinery, apparatus and equipment,\nfinancing charges, interest prior to, during and after construction to\nthe extent not paid or provided for from revenues or other sources, the\ncost of engineering and architectural surveys, plans and specifications,\nthe cost of consultants' and legal services, the cost of lease\nguarantee, credit enhancement or bond insurance, other expenses\nnecessary or incidental to the construction of such project and the\nfinancing of the construction thereof, including the amount authorized\nin the resolution of the authority providing for the issuance of bonds\nto be paid into any reserve or other special fund from the proceeds of\nsuch bonds and the financing of the placing of any project in operation,\nincluding reimbursement to either of the towns, any municipality, state\nagency, the state, the United States government or any other person for\nexpenditures that would be costs of the project hereunder had they been\nmade directly by the authority.\n  6. "Governing body" means the members of the authority constituting\nand acting as the governing body of the authority.\n  7. "Legislative body" or "legislative bodies" means either or all of\nthe legislatures of those towns included in subdivision eighteen of this\nsection.\n  8. "Municipality" means any county, city, town, village, improvement\ndistrict, or area established under the town law, refuse district\nestablished under the county law, district or area having powers similar\nto a refuse district created under any general or special law, or public\ncorporation of the state, or any combination thereof.\n  9. "Person" means any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n  10. "Project" means any solid waste management-resource recovery\nfacility, and any appurtenances thereto necessary or desirable to\npromote the efficiency or effectiveness of any facility, the planning,\ndevelopment, financing, construction, operation, or maintenance of which\nis authorized to be undertaken in whole or in part by the authority\npursuant to this title.\n  11. "Real property" means lands, structures, franchises and interests\nin land, waters, lands underwater, riparian rights and air rights and\nany and all things and rights included within said term and includes not\nonly fees simple absolute, but also any and all lesser interests\nincluding, but not limited to, easements, rights-of-way, uses, leases,\nlicenses and all other incorporeal hereditaments and every estate,\ninterest or right, legal or equitable, including terms for years and\nliens thereon by way of judgment, mortgages or otherwise and all claims\nfor damage for such real property.\n  12. "Resource recovery" means the separation, extraction and recovery\nof usable materials, energy or heat from solid waste through source\nseparation, recycling centers or other programs, projects or facilities.\n  13. "Revenues" means all rates, fees, rents, charges and other income\nderived by the authority from its operation.\n  14. "Solid waste" means all putrescible and non-putrescible solid\nwastes, including, but not limited to, materials or substances discarded\nor rejected as being spent, useless, worthless, or in excess to the\nowners at the time of such discard or rejection, or are being\naccumulated, stored, or physically, chemically or biologically treated\nprior to being discarded or rejected, having served their intended use,\nor as a manufacturing by-product, including, but not limited to,\ngarbage, refuse, industrial, commercial and agricultural waste sludges\nfrom air or water pollution control facilities or water supply treatment\nfacilities, rubbish, ashes, contained gaseous material, incinerator\nresidue, demolition and construction debris and offal, but not including\nsewage and other highly diluted water-carried materials or substances\nand those in gaseous form, special nuclear or by-product material within\nthe meaning of the Atomic Energy Act of 1954, as amended, or waste which\nappears on the list or satisfies the characteristics of hazardous waste\npromulgated by the commissioner of environmental conservation pursuant\nto section 27-0903 of the environmental conservation law.\n  15. "Solid waste management-resource recovery facility" or "facility"\nmeans any facility, plant, works, system, building, structure,\nimprovement, machinery, equipment, fixture or other real or personal\nproperty which is to be used, occupied or employed for or is incidental\nto the collecting, receiving, transporting, storage, processing, or\ndisposal of solid waste or the recovery by any means of any material or\nenergy product or resource therefrom including, but not limited to,\nrecycling centers, transfer stations, baling facilities, rail haul or\nmaritime facilities, collection vehicles, processing systems, resource\nrecovery facilities, steam and electric generating and transmission\nfacilities, including auxiliary facilities to supplement or temporarily\nreplace such generating facilities, steam distribution and related\nplants and facilities, sanitary landfills, leachate treatment\nfacilities, plants and facilities for compacting, composting or\npyrolization of solid wastes, secure land burial facilities,\nlandspreading facilities, surface impoundments and waste oil storage,\nreprocessing and recycling facilities, incinerators, co-composting\nrecycling facilities and other solid waste disposal, reduction or\nconversion facilities and resource recovery equipment, source separation\nequipment and disposal equipment as defined in subdivisions four and\nfive of section 51-0903 of the environmental conservation law.  Any such\nfacility producing either electricity or shaft horsepower and useful\nthermal energy shall constitute a co-generation facility as designated\nin subdivision two-a of section two of the public service law.\n  16. "Source separation" means the segregation of recyclable materials\nfrom the solid waste stream at the point of generation for separate\ncollection, sale or other disposition.\n  17. "State" means the state of New York.\n  18. "Towns" means the towns of Stephentown, Berlin, Petersburg,\nGrafton, Hoosick, Pittstown, Poestenkill, Schaghticoke, Sand Lake,\nNassau, Schodack, Brunswick, village of Schaghticoke, village of\nCastleton-on-Hudson, village of Nassau, village of Valley Falls, and the\nvillage of Hoosick jointly or individually as shall be determined by the\nusage of such terms in this title, or such of them that satisfy the\nrequirements of subdivision four of section two thousand fifty-cc of\nthis title by filing the certificate required by that section.\n
N.Y. PBA Law § 2053-Z — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-Z
Effect of inconsistent provisions
Status: in_force

§ 2053-z. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of the county charter or any local\nlaw, ordinance or resolution of the county or any other municipality,\nthe provisions of this title shall be controlling. Nothing contained in\nthis section shall be held to supplement or otherwise expand the powers\nor duties of the authority otherwise set forth in this title. Nothing\ncontained in this title shall be held to alter or abridge the powers and\nduties of the department of environmental conservation or the department\nof health.\n
N.Y. PBA Law § 2045-V — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-V
Transfer of environmental applications, proceedings, approvals and permits
Status: in_force

§ 2045-v. Transfer of environmental applications, proceedings,\napprovals and permits. 1. Any application in relation to the purposes of\nor contemplated by this title heretofore filed, or any proceeding\nheretofore commenced, by the county with the state department of\nenvironmental conservation, the department of transportation or any\nother state agency or instrumentality or with the United States\nenvironmental protection agency or any other federal agency or\ninstrumentality shall inure to and for the benefit of the agency to the\nsame extent and in the same manner as if the agency had been a party to\nsuch application or proceeding from its inception, and the agency shall\nbe deemed a party thereto, to the extent not prohibited by any federal\nlaw. Any license, approval, permit or decision heretofore or hereafter\nissued or granted pursuant to or as a result of any such application or\nproceeding shall inure to the benefit of and be binding upon the agency\nand shall be assigned and transferred by the county to the agency,\nunless such assignment and transfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any facility financed in whole or in part by the\nagency.\n
N.Y. PBA Law § 2050-LL — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-LL
Bonds legal investment for fiduciaries
Status: in_force

§ 2050-ll. Bonds legal investment for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, investment companies and other\npersons carrying on a banking business, and administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever, who are now or may hereafter be authorized to invest in\nbonds or other obligations of the state may properly and legally invest\nfunds including capital in their control or belonging to them. The bonds\nare also hereby made securities which may be deposited with and may be\nreceived by all public officers and bodies of this state and all\nmunicipalities for any purposes for which the deposit of bonds or other\nobligations of this state is now or hereafter may be authorized.\n
N.Y. PBA Law § 2041-T — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-T
Special powers of participating counties and municipalities
Status: in_force

§ 2041-t. Special powers of participating counties and municipalities.\n1. The participating counties and one or more municipalities within the\narea of operation, or the authority and the participating counties,\nshall have power to contract from time to time between or among\nthemselves, or among themselves and with the authority, in relation to\nthe collecting, receiving, transporting, storage, processing or disposal\nof 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 facility. Any such contract to which the authority, or any\nparticipating county, or any municipality within the area of operation,\nare parties may include provisions stipulating the minimum or maximum\nrates, rentals, fees and other charges to be collected for the use and\navailability of facilities. Any such contract may also include\nprovisions in connection with a facility obligating such participating\ncounty or municipality to deliver or cause to be delivered, periodically\nto a specified facility or facilities, all or any portion of the solid\nwaste generated in such participating county or municipality for\nprocessing or disposal and to make periodic payments for such processing\nor disposal whether or not delivery of any such solid waste shall be\nmade, subject only to such exceptions, terms and conditions as may be\nprovided therein.\n  2. To further the governmental and public purposes of the authority,\nincluding the implementation of any contract or proposed contract\ncontemplated by this title, any participating county and municipalities\nwithin the area of operation shall have power to adopt and amend local\nlaws, ordinances and regulations imposing appropriate and reasonable\nlimitations on competition with respect to collecting, receiving,\ntransporting, delivering, storing, processing and disposing of solid\nwaste or the recovery by any means of any material or energy product or\nresource therefrom, and shall further have the power to adopt and amend\nlocal laws requiring that all solid waste generated, originated or\nbrought within their respective boundaries, subject to such exceptions\nas may be determined to be in the public interest, shall be delivered to\na specified facility or facilities; provided, however, that any such\nlocal law enacted by a participating county shall take precedence over\nand shall supersede any inconsistent provisions of any such local law\nenacted by a municipality within that participating county. Any such\nlocal law shall be adopted in accordance with the procedure provided by\nthe municipal home rule law, except that no such local law shall be\nsubject to either mandatory or permissive referendum. For the purposes\nof this section, solid waste shall have the same meaning as defined in\nsection two thousand forty-one-a of this title, but shall not include\nany scrap or other material of value separated from the waste stream and\nheld for purposes of materials recycling. Upon the adoption of any local\nlaw, ordinance 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. Each participating county is authorized to resell or otherwise\ndispose of all or any part of the materials, energy, by-products or\nresidue purchased, received or obtained from the authority pursuant to\nsubdivision one of this section. Any resale or other disposition may be\nmade in such manner as each participating county may deem proper and\nupon such terms and conditions as may be agreed upon by the parties\nthereto.\n  4. Each participating county and all other municipalities within the\narea of operation shall have power to perform such other acts, to enter\ninto such other contracts, including contracts between or among\nthemselves, execute such instruments and to undertake such future\nproceedings as shall be determined necessary or desirable to effectuate\nthe purpose of this title, including the making of gifts, grants, loans\nor contributions to the 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 in\nconnection with, or in any manner relating to, any project or facility\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 facility, or part thereof,\nfinanced in whole or in part by the authority.\n  7. Any contract, lease or agreement entered into by the authority\npursuant to this title and which provides for the construction of a\nfacility which combusts solid waste shall provide for the utilization of\nBest Available Control Technology to control the environmental impact of\nsuch facility. Such technology may include fabric filtration and dry\nscrubbers to control particulate and acid gas emissions. Any facility at\na minimum shall be constructed and operated in compliance with\nrequirements of the department of environmental conservation. Any such\ncontract, lease or agreement also shall include but not be limited to\nprovisions for:\n  (a) monitoring of emissions for toxic air contaminants or surrogates\nthereof where appropriate to determine permit compliance at least twice\nduring the first year of operation and after any detection of permit\nviolations, and at least annually thereafter; such monitoring to include\nprovisions for use of statistically valid sampling procedures in all\nmonitoring; and\n  (b) sampling and testing of ash and dust residues at least\nsemi-annually, pursuant to a method assuring statistical validity, to\ndetermine appropriate disposition or disposal based on relative\ntoxicity.\n
N.Y. RSS Law § 414 — New York Code / Act RSS / Article 8 / Title 13 / Section 414
Construction
Status: in_force

§ 414. Construction.  a. An act of the legislature of the year\nnineteen hundred sixty-six or nineteen hundred sixty-seven which, in\nform, amends or repeals or purports to amend or repeal any provision or\nprovisions of article two of this chapter, as in force and effect\nimmediately prior to April first, nineteen hundred sixty-seven, shall be\ndeemed and construed as an amendment or repeal, as the case may be, of\nthe corresponding provision or provisions of this article.\n  b. An act of the legislature of the year nineteen hundred sixty-six or\nnineteen hundred sixty-seven which adds, or purports to add a new\nsection, subdivision or other provision of law to article two of this\nchapter, as in force immediately prior to April first, nineteen hundred\nsixty-seven, shall, except to the extent that the provisions of such act\nare inconsistent with the provisions of this article, be deemed and\nconstrued as having been added to this article and shall be given full\neffect according to its context as if the same had been added expressly\nand in terms to this article, and shall be deemed and construed to have\nbeen inserted in this article in the appropriate position in regard to\nand as modifying the effect of the corresponding provision or provisions\nof this article.\n
N.Y. PBA Law § 2050-S — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-S
Limited liability
Status: in_force

§ 2050-s. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer or employee acting in its behalf,\nwhile acting within the scope of their authority, shall be subject to\nany personal liability resulting from the construction, maintenance or\noperation of any of the properties of the agency or from carrying out\nany of the powers expressly given in this title; provided, however, that\nthis section shall not be held to apply to any independent contractor.\n
N.Y. PBA Law § 2049-G — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-G
Governmental capacity of the authority and municipalities
Status: in_force

§ 2049-g. Governmental capacity of the authority and municipalities.\nThe authority, the town and other municipalities, in carrying out their\nrespective powers and duties under this title, shall be deemed to be\nacting in a governmental capacity. The construction, operation and\nmaintenance of any project financed in whole or in part by the authority\nshall be deemed to be the performance of an essential governmental\nfunction by the authority acting in its governmental capacity, whether\nsuch project shall be owned or operated by the authority or by any\nperson or public corporation.\n
N.Y. SOS Law § 370-AA — New York Code / Act SOS / Article 5 / Title 13 / Section 370-AA
State heating fuel crisis assistance
Status: in_force

* § 370-aa. State heating fuel crisis assistance. 1. The commissioner\nshall establish a state program to provide heating fuel related crisis\nassistance to households whose total income from all sources is between\none hundred twenty-five percent and two hundred percent of the federal\ncommunity services administration poverty guidelines and who have not\nreceived a grant for heating fuel assistance during the nineteen hundred\nseventy-nine--nineteen hundred eighty winter from any other emergency or\nenergy assistance program. To the extent funds are available, such\nhousehold may apply and be eligible for assistance if the household is\nthreatened with shut-off or nondelivery of heating fuel due to\nnonpayment and in the case of a one person household, the household's\nliquid resources do not exceed one thousand five hundred dollars or in\nthe case of households of more than one person liquid resources do not\nexceed two thousand two hundred fifty dollars. Liquid resources shall\nmean those resources which are in cash or are financial instruments\nwhich are convertible to cash.\n  2. Eligible households with incomes between one hundred twenty-five\npercent and one hundred fifty percent of the federal community services\nadministration poverty guidelines may receive a total benefit not to\nexceed two hundred dollars; eligible households with incomes between one\nhundred fifty per cent and one hundred seventy-five percent of the\nfederal community services administration poverty guidelines may receive\na total benefit not to exceed one hundred fifty dollars; and eligible\nhouseholds with incomes between one hundred seventy-five percent and two\nhundred percent of the federal community services administration poverty\nguidelines may receive a total benefit not to exceed one hundred\ndollars. Eligible households which pay for heat directly may receive\nbenefits in the form of direct payment to suppliers of home heating\nfuels. All households may receive assistance in the form of cash up to\nfifty dollars for warm clothing, blankets, replacement of broken window\npanes, firewood, temporary shelter, emergency repairs to heating\nequipment, nutrition, health and other supportive services. In no event\nshall the sum of assistance under this program made to or on behalf of\nany household exceed the actual amount needed to ameliorate the heating\nfuel crisis.\n  3. a. Assistance may also be provided to households whose rent\nincludes heat. Such assistance may be provided only in the event that\nthe owner of the rented dwelling has abandoned responsibility for paying\nheating costs. Such assistance may be in the form of emergency heating\nfuel deliveries.\n  b. Such assistance shall be provided for a period not to exceed\nfifteen days, in order to allow time for appropriate action to be taken\nby city or county officials.\n  c. In such cases where the landlord or owner has abandoned his\nresponsibility for paying heating costs, and where tenants or landlords\ncan verify that at least sixty percent of the building's households are\nat or below two hundred percent of the federal community services\nadministration poverty guidelines, the buildings may qualify.\n  d. The department shall make all reasonable efforts to recover from\nthe landlord, emergency expenditures for heating fuel.\n  4. This program shall be administered at the county level and in the\ncity of New York by the local departments of social services. Local\ndepartments shall distribute funds allocated for heating fuel crisis\nassistance to eligible households for the payment of heating fuel costs\nas described in subdivisions two and three of this section. The\ndepartment shall prepare application forms for use by the local\ndepartments and instructions to be used in completing applications.\nCertification of eligibility and authorization of payment shall be the\nresponsibility of the local departments. The local departments shall\nprovide for preliminary screening and assistance to applicants by\ncommunity action agencies, area offices on aging and other community\nagencies.\n  5. The department and local departments shall contract for the\nprovision of an outreach program to inform potentially eligible\nhouseholds of the availability of heating fuel crisis assistance. The\ndepartment shall enter into an agreement with the state office for the\naging which will provide outreach to the elderly and with community\naction agencies and other community based agencies for outreach to other\npotentially eligible households. The department shall develop program\nmaterials which will be made available to utilities, fuel oil dealers\nand community agencies for the purpose of informing the public about the\navailability of crisis assistance.\n  6. Elderly persons over the age of sixty shall be a priority class to\nbe served by this program. To insure the priority becomes operational,\nlocal departments shall provide directly or when appropriate through\ncontract the following special services to the elderly: priority in\nscheduling appointments; arrangements for transportation when no other\ntransportation is available; intake and certification at home or through\na representative for those elderly who are homebound.\n  7. Payments made under this program shall not be considered as income\nor resource for the purpose of determining eligibility for benefits\nunder any income maintenance or medical assistance program.\n  8. The department shall be responsible for monitoring the local\nimplementation of this program. All cases including a declaration of\nincome shall be subject to a redetermination and verification of income\neligibility. To insure that the elderly receive priority, the department\nshall periodically review the population certified to receive benefits\nand in districts where the elderly are not being served shall, with the\nstate office for aging, take appropriate actions to ensure that the\nelderly are served. The department and local districts shall maintain a\nsystem of records for this program which is separate from any other\nemergency or energy related assistance program.\n  No later than July thirty-first, nineteen hundred eighty, the\ndepartment shall provide the governor and legislature with a report on\nthe state heating fuel crisis assistance program's implementation and\nuse in each district. Such report shall include the total number of\nhouseholds and the number of elderly households served in each income\ncategory, the amount and type of assistance provided to each household\nand the activities and expenditures for all administering and outreach\nagencies in each district.\n  9. The department shall promulgate all regulations necessary for\noperation of the state heating fuel crisis assistance program which are\nconsistent with the state plan for the nineteen hundred eighty community\nservices administration energy crisis assistance program.\n  10. Within the amounts appropriated therefor funds will be made\navailable to each social services district for heating fuel crisis\nassistance. If a county or city social services district incurs\nexpenditures in excess of its allocated amount, the county or city as\nthe case may be shall be liable for such expenditures. Funds will be\nallocated by the department according to the following formula: Five\npercent of the funds shall be set aside by the department to be used in\nmeeting any unanticipated heating fuel related crisis caused by\nespecially severe weather. All remaining funds and set aside funds which\nare unexpended by April first, nineteen hundred eighty shall be\nallocated according to the following formula: Twenty percent of the\nfunds shall be allocated equally to every county and the remaining\neighty percent shall be allocated to the fifty-seven counties outside\nthe city of New York and the city of New York based on the corrected\nproduct of the percentage of state's poverty population residing in each\ncounty, the average heating degree days for the county divided by the\nstate average and the percentage of county population which is aged\ndivided by the percentage of state population which is aged.\n  When thirty percent of the funds are obligated the department will\nreview the expenditures of program funds for the elderly with a view\ntoward increasing outreach and support services if this priority\npopulation is not being reached.\n  When fifty percent of the funds are obligated, the department will\nreview the initial allocation to determine variances in utilization and\nmake appropriate adjustments or transfers.\n  11. Notwithstanding the foregoing, if the commissioner determines that\na federally funded program of energy crisis assistance is in effect and\nis duplicative in whole or part to the program provided for in this\nsection the commissioner shall notify the local social services district\nin writing of such determination of duplication and the date after which\nstate reimbursement for all or part of the expenditures made pursuant to\nthis section shall not be authorized.\n  12. For purposes of this section, the term "home heating fuel" shall\nmean fuel oil, coal, wood, propane, natural gas, electricity, steam,\nkerosene and any other fuel when used for residential heating purposes.\n  * NB Expired October 1, 1980\n
N.Y. RSS Law § 410 — New York Code / Act RSS / Article 8 / Title 13 / Section 410
Exemption from taxes and legal process
Status: in_force

§ 410. Exemption from taxes and legal process.  The right of a person\nto a pension, a pension-providing-for-increased-take-home-pay, an\nannuity or a retirement allowance, to the return of contributions, the\npensions, the pension-providing-for-increased-take-home-pay, annuity, or\nretirement allowance itself, any optional benefit, any other right\naccrued or accruing to any person under the provisions of this chapter\nand the monies in the various funds continued under this chapter:\n  1. Are hereby exempt from any state or municipal tax, except the\nestate tax, and\n  2. Shall not be subject to execution, garnishment, attachment, or any\nother process whatsoever, and\n  3. Shall be unassignable, except as in this chapter specifically\nprovided.\n
N.Y. PBA Law § 2045-K — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-K
Moneys of the agency
Status: in_force

§ 2045-k. Moneys of the agency. All moneys of the agency from whatever\nsource derived shall be paid to the treasurer of the agency and shall be\ndeposited forthwith in a bank or banks in the state designated by the\ngoverning body. The moneys in such accounts shall be paid out on check\nof the treasurer upon requisition by the governing body or of such other\nperson or persons as the governing body may authorize to make such\nrequisitions. All deposits of such moneys shall be secured by\nobligations of the United States or of the state or of the county of a\nmarket value equal at all times to the amount on deposit and all banks\nand trust companies are authorized to give such security for such\ndeposits. The agency shall have power, notwithstanding the provisions of\nthis section, to contract with the holders of any bonds as to the\ncustody, collection, security, investment and payment of any moneys of\nthe agency or any moneys held in trust or otherwise for the payment of\nbonds or in any way to secure bonds, and carry out any such contract\nnotwithstanding that such contract may be inconsistent with the\nprovisions of this section. Moneys held in trust or otherwise for the\npayment of bonds or in any way to secure bonds and deposits of such\nmoneys may be secured in the same manner as moneys of the agency and all\nbanks and trust companies are authorized to give such security for such\ndeposits. Any moneys of the agency not required for immediate use or\ndisbursement may, at the discretion of the agency, be invested in those\nobligations specified pursuant to the provisions of section\nninety-eight-a of the state finance law. Subject to the provisions of\nany contract with bondholders and with the approval of the comptroller,\nthe agency shall prescribe a system of accounts.\n
N.Y. PBA Law § 2041-G — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-G
Bonds of the authority
Status: in_force

§ 2041-g. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds in such\nprincipal amounts as it may determine to be necessary to pay the cost of\nany project or for any other corporate purpose, including incidental\nexpenses in connection therewith. The authority shall have power and is\nhereby authorized to enter into such agreements and perform such acts as\nmay be required under any applicable federal legislation to secure a\nfederal guarantee of any bonds. The authority shall have power from time\nto time to refund any bonds by the issuance of new bonds whether the\nbonds to be refunded have or have not matured, and may issue bonds\npartly to refund bonds then outstanding and partly for any other\ncorporate purpose. Bonds issued by the authority may be general\nobligations secured by the faith and credit of the authority or may be\nspecial obligations payable solely out of particular revenues or other\nmoneys as may be designated in the proceedings of the authority under\nwhich the bonds shall be authorized to be issued, subject as to priority\nonly to any agreements with the holders of outstanding bonds pledging\nany particular property, revenues or moneys. The authority may also\nenter into loan agreements, lines of credit and other security\nagreements and obtain for or on its behalf letters of credit in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  2. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within thirty years from the date of\noriginal issuance of any such bonds. Obligations with a maturity of five\nyears or less from the date of their original issuance may be designated\nas notes. Bonds and notes shall be subject to such terms of redemption,\nbear interest at such rate or rates, be payable at such times, be in\nregistered form, be executed in such manner, be payable in such medium\nof payment at such place or places, and be subject to such terms and\nconditions as such resolution may provide. Bonds may be sold at public\nor private sale for such price or prices, in such manner and from time\nto time, as the authority shall determine, provided that no bonds of the\nauthority, other than obligations designated as notes, shall be sold by\nthe authority at private sale unless such sale and the terms thereof\nhave been approved in writing by the state comptroller, where such sale\nis not to the comptroller, or by the state director of the budget, where\nsuch sale is to the comptroller. The authority may pay all expenses,\npremiums and commissions which it may deem necessary or advantageous in\nconnection with the issuance and sale of bonds.\n  3. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or any part of the revenues, other moneys or property\nof the authority to secure the payment of the bonds, or any costs of\nissuance thereof, including but not limited to any contracts, earnings\nor proceeds of any grant to the authority received from any private or\npublic source subject to such agreements with bondholders as may then\nexist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section two thousand forty-one-h of this title\nand limiting or abrogating the rights of the bondholders to appoint a\ntrustee under such section or limiting the rights, duties and powers of\nsuch trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  4. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys or property and\nthe doing of any act, including refraining from doing any act which the\nauthority would have the right to do in the absence of such agreements.\nThe authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds of the authority.\n  5. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  6. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  7. Neither the members of the authority nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  8. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (i) if the bonds are then redeemable, the\nredemption price then applicable, plus accrued interest to the next\ninterest payment date or, (ii) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption plus accrued interest to\nthe next interest payment date.\n
N.Y. PBA Law § 2046-H — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-H
Remedies of bondholders and noteholders
Status: in_force

§ 2046-h. Remedies of bondholders and noteholders. Subject to\nresolutions adopted pursuant to paragraph (j) of subdivision three of\nsection two thousand forty-six-g of this title:\n  1. In the event that the agency shall default in the payment of\nprincipal of or interest on any issue of bonds or notes after the same\nshall become due, whether at maturity or upon call for redemption, and\nsuch default shall continue for a period of thirty days, or in the event\nthat the agency shall fail or refuse to comply with the provisions of\nthis title or shall default in any agreement made with the holders of\nany issue of bonds or notes, the holders of twenty-five per cent in\naggregate principal amount of the bonds or notes, of such issue then\noutstanding, by instrument or instruments filed in the office of the\nclerk of the county of Suffolk and proved or acknowledged in the same\nmanner as a deed to be recorded, may appoint a trustee to represent the\nholders of such bonds or notes for the purpose herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in aggregate principal amount of such bonds or\nnotes outstanding, shall in his or its own name:\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the bondholders or\nnoteholders, including the right to require the agency to collect\nrentals, rates, fees and charges adequate to carry out any agreement as\nto, or pledge of such rentals, rates, charges and other fees and to\nrequire the agency to carry out any other agreements with the holders of\nsuch bonds or notes to perform its duties under this title;\n  (b) bring suit upon such bonds or notes;\n  (c) by action or suit, require the agency to account as if it were the\ntrustee of an express trust for the holders of such bonds or notes;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such bonds or notes;\n  (e) declare all such bonds or notes due and payable, and if all\ndefaults shall be made good, then with the consent of the holders of\ntwenty-five per centum in aggregate principal amount of such bonds or\nnotes then outstanding, to annul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders or noteholders in the enforcement and\nprotection of their rights.\n  4. The supreme court shall have jurisdiction of any suit, action, or\nproceeding by the trustee on behalf of such bondholders or noteholders.\nThe venue of any such suit, action or proceeding shall be laid in the\ncounty of Suffolk.\n  5. Before declaring the principal of bonds or notes due and payable,\nthe trustee shall first give thirty days notice in writing to the\ngoverning body and president of the agency.\n  6. Any such trustee whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds or notes of such issue and such receiver may enter and take\npossession of such part or parts of the properties and subject to any\npledge or agreement with holders of bonds or notes shall take possession\nof all moneys and other property derived from such part or parts of the\nproperties and proceed with any construction thereon or the acquisition\nof any property, real or personal in connection therewith which the\nagency is under obligation to do, and to operate, maintain and\nreconstruct such part or parts of the properties and collect and receive\nall revenues thereafter arising therefrom subject to any pledge thereof\nor agreement with bond or note holders relating thereto and perform the\npublic duties and carry out the agreements and obligations of the agency\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany revenues derived from the properties.\n
N.Y. ENV Law § 27-1319 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1319
State superfund management board
Status: in_force

§ 27-1319. State superfund management board.\n  1. a. There is hereby created within the department the "state\nsuperfund management board" hereinafter referred to as the board. Such\nboard shall consist of fourteen members, including the commissioners of\nenvironmental conservation and health, or their designees, and twelve at\nlarge members appointed by the governor, two of whom shall be appointed\nupon recommendation of the temporary president of the senate and two of\nwhom shall be appointed upon recommendation of the speaker of the\nassembly, one of whom shall be appointed upon recommendation of the\nminority leader of the senate and one of whom shall be appointed upon\nrecommendation of the minority leader of the assembly, and, of the\nremaining six, two shall live within a municipality within which exists\nan inactive hazardous waste site, or sites, as listed pursuant to\nsection 27-1305 of this title, and have been involved in a citizen's\norganization that has a purpose relating to the site or sites within\nthat municipality, two shall be representatives of organizations whose\nprime function is the protection of natural resources and enhancement of\nthe environmental quality of the state and two shall be representatives\nof industries that generate hazardous waste in the state. None of the\nmembers appointed by the governor shall be officers or employees of any\nstate department or agency and each shall be, by professional training\nor experience and attainment, qualified to analyze and interpret matters\npertaining to hazardous waste management and the remediation of inactive\nhazardous waste disposal sites.\n  b. No at large member of the board may appoint a designee to\ntemporarily or permanently assume his place on the board.\n  2. a. The commissioner of environmental conservation shall serve as\nchairman of the board and the board shall elect a vice chairman from\namong the appointed members to preside in the absence of the chairman.\n  b. Of the twelve at large members appointed by the governor, each\nshall be reaffirmed or reappointed on January thirty-first, nineteen\nhundred ninety-one and every two years thereafter and each shall hold\noffice until such time as the board shall cease to exist or until he\nshall resign or be removed in the manner provided by law. Any vacancy on\nthe board shall be filled by appointment pursuant to subdivision one of\nthis section for the unexpired balance of the term.\n  3. The members of the board shall serve without compensation for their\nservices as members of the board, except that each of them shall be\nallowed the necessary and actual expenses which he shall incur in the\nperformance of his duties under this section.\n  4. The board shall have the power, duty and responsibility to:\n  a. Serve as a working forum for the exchange of views, concerns,\nideas, information and recommendations relating to hazardous waste\nmanagement and the remediation of inactive hazardous waste disposal\nsites.\n  b. Request and receive from the department at each meeting of the\nboard any portions of the plan or any revisions, amendments or changes\navailable for review, and any supporting documents or other pertinent\ndata. All information requested by or provided to the board shall also\nbe provided to the temporary president of the senate, the speaker of the\nassembly, and the chairman of the senate and assembly environmental\nconservation committees.\n  c. Compel the attendance at each meeting of the board of such\npersonnel of the department, or of other appropriate state departments\nor agencies, as may reasonably be expected to supply any pertinent data\nthe board may request.\n  d. Monitor and review the implementation of the inactive hazardous\nwaste site remediation program and the policies, program objectives,\nmethods, and strategies outlined in the plan, the annual implementation\nstatus report, any plan update, the registry, and the quarterly site\nstatus reports by the department, as well as information which the board\nmay acquire from other sources.\n  e. Review the hazardous waste site remediation remaining to be\ncompleted under the state inactive hazardous waste remedial plan as\nupdated, the estimate of the costs which would be incurred in the\ncompletion of this remediation, the schedule under which the costs will\nbe incurred, the revenues and resources expected to be available to meet\nthese costs.\n  f. Review and evaluate the municipal cost sharing program established\npursuant to paragraph g of subdivision five of section 27-1313 of this\ntitle and review the appropriate state and industry contribution to the\ninactive hazardous waste site remedial program.\n  g. Based upon its monitoring, reviewing and other information\navailable to it, the board shall report to the governor and to the\nlegislature on or before January first of each year its assessment of\nthe implementation of the remediation program, together with its\ncomments, suggestions, and recommendations regarding the program, its\nimplementation, available funding and resources, and the need for steps\nto assure the future availability of funding.\n  5. a. The board shall:\n  1. Meet at least quarterly;\n  2. Keep a record of all its proceedings and provide such record to the\npublic upon request; and\n  3. Determine the rules of its own procedures.\n  b. Seven members of the board shall constitute a quorum for the\ntransaction of any business of the board.\n  6. Staff services, including recording of board proceedings, shall be\nperformed by personnel of the department, or such state departments or\nother agencies as the chairman deems appropriate or desirable.\n  7. For the purposes of this section, the at large members of the board\nshall be considered officers or employees of public entities and shall\nbe afforded such defense and indemnification provided pursuant to\nsection eighteen of the public officers law.\n  8. The board shall cease to exist on the thirty-first day of March,\nnineteen hundred ninety-nine.\n
N.Y. PBA Law § 2023 — New York Code / Act PBA / Article 8 / Title 13 / Section 2023
Transfer of officers and employees
Status: in_force

§ 2023. Transfer of officers and employees. Any public officer or\nemployee under civil service, selected by the authority may, with the\nconsent of the commission, board or department by which he or she has\nbeen employed, be transferred to the authority and shall be eligible for\nsuch transfer and appointment without examination to comparable offices,\npositions and employment under the authority. The salary or compensation\nof any such officer or employee shall after such transfer be paid by the\nauthorty. But notwithstanding the provisions of this act, any such\nofficers or employees so transferred to the authority, pursuant to the\nprovisions of this section, who are members of or beneficiaries under\nany existing pension or retirement system, shall continue to have all\nrights, privileges, obligations and status with respect to such fund\nsystem or systems as are now prescribed by law, but during the period of\ntheir employment by the authority, all contributions to any pension or\nretirement fund or system to be paid by the employer on account of such\nofficers or employee, shall be paid by the authority; and all such\nofficers and employees who have been appointed to positions under the\nrules and classifications of the state civil service commission shall\nhave the same status with respect thereto after transfer to the\nauthority as they had under their original appointments. It is hereby\ndeclared that in the interest of efficiency and in so far as it may be\npracticable, all employees engaged in the operation of any property or\nproperties, except in an executive capacity, at the time such property\nor properties shall have been acquired by the authority, pursuant to the\nprovisions of this act, shall become the employees of the authority.\nThe authority shall be deemed an employer within the meaning of the\nstate labor relations law. The appointment and promotion of all\nemployees of the authority shall be made in accordance with the\nprovisions of the civil service law (constituting chapter seven of the\nconsolidated laws).\n
N.Y. PBA Law § 2032 — New York Code / Act PBA / Article 8 / Title 13 / Section 2032
Actions
Status: in_force

§ 2032. Actions. In any case founded upon tort a notice of claim shall\nbe required as a condition precedent to the commencement of an action or\nspecial proceeding against the authority or any officer, appointee or\nemployee thereof, and the provisions of section fifty-e of the general\nmunicipal law shall govern the giving of such notice. Except in an\naction for wrongful death, an action against the authority for damages\nfor injuries to real or personal property, or for the destruction\nthereof, or for personal injuries, alleged to have been sustained, shall\nnot be commenced more than one year and ninety days after the cause of\naction therefor shall have accrued.\n
N.Y. PBA Law § 2050-H — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-H
Bonds of the agency
Status: in_force

§ 2050-h. Bonds of the agency. 1. The agency shall have the power and\nis hereby authorized from time to time to issue bonds, in conformity\nwith applicable provisions of the uniform commercial code, in such\nprincipal amounts as it may determine to be necessary to pay the cost of\nany project or for any other corporate purpose, including incidental\nexpenses in connection therewith. The agency shall have power from time\nto time to refund any bonds by the issuance of new bonds whether the\nbonds to be refunded have or have not matured, and may issue bonds\npartly to refund bonds then outstanding and partly for any other\ncorporate purpose. Bonds issued by the agency may be general obligations\nsecured by the faith and credit of the agency or may be special\nobligations payable solely out of particular revenues or other moneys as\nmay be designated in the proceedings of the agency under which the bonds\nshall be authorized to be issued and subject to any agreements with the\nholders of outstanding bonds pledging any particular revenues or moneys.\nThe agency may also enter into bank loan agreements, lines of credit and\nother security agreements and obtain for or on its behalf letters of\ncredit in each case for securing its bonds or to provide direct payment\nof any costs which the agency is authorized to pay.\n  2. Bonds shall be authorized by resolution of the agency, be in such\ndenominations and bear such date or dates and mature at such time or\ntimes, as such resolution may provide, except that notes and any\nrenewals thereof shall mature within five years from the date of the\noriginal issuance and bonds shall mature within thirty years from the\ndate of original issuance of any such bond or note. The bonds and notes\nshall be subject to such terms of redemption, bear interest at such rate\nor rates payable at such times, be in such form, carry such registration\nprivileges, be executed in such manner, be payable in such medium of\npayment at such place or places, and be subject to such terms and\nconditions as such resolution may provide. Bonds may be sold at public\nor private sale for such price or prices as the agency shall determine.\nBonds of the agency shall not be sold by the agency at private sale\nunless such sale and the terms thereof have been approved in writing by\nthe state comptroller, which such sale is not to the comptroller, or by\nthe state director of the budget, where such sale is to the comptroller.\nThe agency may pay all expenses, premiums and commissions which it may\ndeem necessary or advantageous in connection with the issuance and sale\nof bonds.\n  3. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) Pledging all or any part of the revenues, other moneys or\nproperty, of the agency to secure the payment of the bonds, including\nbut not limited to any contracts, earnings or proceeds of any grant to\nthe agency received from any private or public source;\n  (b) The setting aside of reserves and the creation of sinking funds\nand the regulations and disposition thereof;\n  (c) Limitations on the purpose to which the proceeds from the sale of\nthe bonds may be applied;\n  (d) The rates, rents, fees and other charges to be fixed and collected\nby the agency and the amount to be raised in each year thereby and the\nuse and disposition of revenues;\n  (e) Limitations on the right of the agency to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) Limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) The procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds, the\nholders of which must consent thereto and the manner in which such\nconsent may be given;\n  (h) The creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) The terms and provisions of any trust deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (j) Vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the agency may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section two thousand fifty-i of this title and\nlimiting or abrogating the rights of the bondholders to appoint a\ntrustee under such section or limiting the rights, duties and powers of\nsuch trustee;\n  (k) Defining the acts or omission to act which may constitute a\ndefault in the obligations and duties of the agency to the bondholders\nand providing for the rights and remedies of the bondholders in the\nevent of such default including as a matter of right the appointment of\na receiver, provided, however, that such rights and remedies shall not\nbe inconsistent with the general laws of the state and other provisions\nof this title;\n  (1) Limitations on the power of the agency to sell or otherwise\ndispose of any project or any part thereof;\n  (m) Limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the agency;\n  (n) The payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository and for the method of disbursement thereof\nwith such safeguards and restrictions as the agency may determine; and\n  (o) Any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  4. In addition to the powers herein conferred upon the agency to\nsecure its bonds and the notes, the agency shall have power in\nconnection with the issuance of bonds and notes to enter into such\nagreements as the agency may deem necessary, convenient or desirable\nconcerning the use or disposition of its moneys or property including\nthe mortgaging of any such property and the entrusting, pledging or\ncreation of any other security interest in any such moneys or property\nand the doing of any act, including refraining from doing any act, which\nthe agency would have the right to do in the absence of such agreements.\nThe agency shall have power to enter into amendments of any such\nagreements within the powers granted to the agency by this title and to\nperform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds and notes of the\nagency.\n  5. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the agency shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or perfected against the agency\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  6. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for the purposes of the uniform commercial code, subject only to the\nprovisions of the bonds for registration.\n  7. Neither the members of the agency nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  8. The agency, subject to such agreements with bondholders as then may\nexist, shall have power out of any moneys available therefor to purchase\nbonds of the agency, which shall thereupon be cancelled, at a price not\nexceeding (a) if the bonds are then redeemable, the redemption price\nthen applicable, plus accrued interest to the next interest payment\ndate, (b) if the bonds are not then redeemable, the redemption price\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n
N.Y. PBA Law § 2053-E — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-E
Powers of the authority
Status: in_force

§ 2053-e. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued.\n  2. To have a seal and alter the same.\n  3. To acquire in the name of the authority, hold, sell, lease,\nmortgage or otherwise dispose of property, real, personal or mixed, or\nany interest therein, without limitation, for its corporate purposes.\nIn selecting the location for any real property to be acquired or\nleased, the authority shall give consideration to the present and any\nproposed land use character of the area in which such site is to be\nlocated and shall be subject to and exempt from the zoning laws or\nregulations, if any, otherwise generally applicable to such area to the\nsame extent that the county is subject to and exempt from the zoning\nlaws or regulations otherwise generally applicable to such area. The\nauthority shall not acquire or lease any interest in real property\nexcept upon compliance with the procedure set forth in section two\nthousand fifty-three-f of this title.\n  4. To condemn in the name of the authority pursuant to the eminent\ndomain procedure law, any real property within the county and required\nby the authority to carry out the powers granted by this title, subject\nto the provisions of section two thousand fifty-three-f of this title.\n  5. To collect, receive, transfer, transport, process, dispose of,\nsell, store, convey, recycle, compost, combust and deal with, in any\nlawful manner and way, solid waste and any products or by-products\nthereof now or hereafter developed or discovered, including any\nrecovered materials, compost or energy produced or generated by the\noperation of any solid waste management facility. Any such disposal or\nsale may be effected on such terms and in such manner as the authority\nmay deem proper.\n  6. To plan, develop and construct projects and to pay the cost thereof\nand to contract in relation thereto with municipalities or persons\nwithin or without the county and to own and operate, maintain, repair,\nimprove, reconstruct, enlarge and extend, subject to the provisions of\nthis title, any of its projects acquired or constructed under this\ntitle, and to sell, lease, mortgage, grant a security interest in,\npledge, encumber, or otherwise dispose of any project or part thereof to\nany person, municipality or public corporation, subject to such\nconditions and limitations as the authority may determine to be in the\npublic interest, and to apply for, hold and perform its obligations\nunder any permit, license, approval, or other legal entitlement which\nmay be required for its projects, services or exercise of powers.\n  7. To assist in the planning, development, construction and operation\nof and the financing of the cost of any solid waste management facility\nto be located in the county whether or not such solid waste management\nfacility is to be owned by the authority, which assistance may include\nloans to any person or public corporation.\n  8. To collect or receive from the United States, the state, the\ncounty, any other municipality or public corporation or person, subject\nto the limitations of section two thousand fifty-three-f of this title,\nsolid waste for the purpose of treatment or disposal thereof, with the\nright of the authority to sell and dispose of any products or\nby-products (including recovered materials, compost or energy) of such\nprocess of treatment or disposal, as the authority may deem proper.\n  9. To contract with the county, other municipalities, state agencies,\npublic corporations or persons within or without the county, for the\npurpose of receiving, treating and disposing of solid waste or for any\nother purpose authorized hereunder, including, without limitation, the\npower to contract with municipalities, state agencies, public\ncorporations or persons for the delivery of all solid waste generated\nwithin a stated area to a specific solid waste management facility.\n  10. To make rules, regulations and by-laws pertaining to and governing\nthe management and regulation of its affairs and, subject to agreements\nwith bondholders, the use of any project or other property of the\nauthority and the provision of any service by the authority, which\nrules, regulations and by-laws and all amendments thereto, duly\ncertified by the secretary of the authority, shall be filed in the\noffice of the authority and in the office of the clerk of the county,\nand to provide for the enforcement of such rules, regulations and\nby-laws by legal or equitable proceedings which are or may be provided\nor authorized by law. In addition, the county legislature shall have\npower to prescribe that violations of specific rules, regulations and\nby-laws of the authority shall constitute violations and provide for the\nenforcement of violations thereof by civil penalties, including any such\nrules, regulations and by-laws requiring the payment of generator, user\nor hauler fees by any person in connection with the service or\navailability or service by any facility owned or under contract to the\nauthority.\n  11. With the consent of the county executive, to use officers or\nemployees of the county and to pay a proper portion of the compensation\nor costs for the services for such officers or employees.\n  12. To make contracts and to execute all necessary or convenient\nagreements, documents and instruments, including evidences of\nindebtedness, negotiable or non-negotiable.\n  13. To enter on any lands, waterways or premises for the purpose of\nmaking surveys, soundings and examinations, any liability for which\nshall not exceed actual damages.\n  14. To borrow money and to issue bonds and to fund or refund the same,\nand to provide for the right of the holders thereof.\n  15. To procure insurance, letters of credit, lines of credit, or other\ncredit enhancement with respect to its bonds or notes issued pursuant to\nthis title, or facilities for the payment of tenders of such bonds or\nnotes or facilities for the payment upon maturity of short-term notes\nnot renewed.\n  16. To enter into interest rate exchange or similar arrangements with\nany person under such terms and conditions as the authority may\ndetermine including, without limitation, provisions as to default or\nearly termination and indemnification by the authority or any other\nparty thereto for loss of benefits as a result thereof.\n  17. To fix and collect, as more fully set forth in section two\nthousand fifty-three-g of this title, rates, rentals, fees and other\ncharges for the use of the facilities of, or services provided by, or\nany commodities furnished by, the authority, and to contract with any\nmunicipality in respect thereto, so as to provide revenues sufficient at\nall times to pay, as the same shall become due, the principal and\ninterest on the bonds of the authority, together with the maintenance of\nproper reserves therefor, in addition to paying, as the same shall\nbecome due, the expenses of operating and maintaining the properties and\nbusiness of the authority and meeting all of its contractual and other\nobligations, together with proper reserves for debt service,\ndepreciation, maintenance and contingencies and all other obligations\nand indebtedness of the authority.\n  18. To enter into agreements, in its direction, to pay annual sums in\nlieu of taxes to any municipality in respect to any real property which\nis owned by the authority and located in such municipality, political\nsubdivision or taxing district.\n  19. To accept gifts, grants, loans or contributions from the United\nStates, the state or any agency or instrumentality of either of them, or\nany municipality or from any person or public corporation, by bequest or\notherwise, and to expend the proceeds for any corporate purposes of the\nauthority.\n  20. To covenant and consent that the interest on any of its bonds or\nnotes issued pursuant to this title shall be includible, under the\nUnited States Internal Revenue Code of 1986, as amended, or any\nsubsequent corresponding internal revenue law of the United States, in\ngross income of the holder of the bonds or notes to the same extent and\nin the same manner that the interest on bills, bonds, notes or other\nobligations of the United States is includible in the gross income of\nthe holders thereof under said Internal Revenue Code or any such\nsubsequent law.\n  21. To act as an agency, as such term is used in section two hundred\nfifty-one of the county law.\n  22. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities for the purposes of operating an animal shelter and\nproviding animal management services on behalf of one or more\nmunicipalities located in the county of Rockland pursuant to the\nagriculture and markets law and will be subject to regulation by the\ndepartment of agriculture and markets for the purposes of registration,\ninspection, and any oversight or regulation.\n  23. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n
N.Y. PBG Law § 416 — New York Code / Act PBG / Article 13 / Title 13 / Section 416
Rotterdam Municipal Housing Authority
Status: in_force

§ 416. Rotterdam Municipal Housing Authority.  A municipal housing\nauthority, to be known as the Rotterdam Municipal Housing Authority, is\nhereby created and established for the town of Rotterdam in the county\nof Schenectady, for the accomplishment of any or all of the purposes\nspecified in article eighteen of the constitution of the state of New\nYork. It shall constitute a body corporate and politic, be perpetual in\nduration and consist of five members. It shall have the power and duties\nnow or hereafter conferred by this chapter upon municipal housing\nauthorities. It shall be organized in the manner prescribed by and\nsubject to the provisions of this chapter, and the authority, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of this chapter.\n
N.Y. PBA Law § 2051-R — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-R
Audit and annual report
Status: in_force

§ 2051-r. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the state comptroller\nand an annual audit shall be performed by an independent certified\naccountant. The authority shall annually submit to the governor and\nstate comptroller and to the state legislature a detailed report\npursuant to the provisions of section two thousand eight hundred of\ntitle one of article nine of this chapter, and a copy of such report\nshall be filed with the chairman of the Franklin county legislature. The\nauthority shall comply with the provisions of sections two thousand\neight hundred one, two thousand eight hundred two, and two thousand\neight hundred three of title one of article nine of this chapter.\n
N.Y. PBA Law § 2053-U — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-U
Limited liability
Status: in_force

§ 2053-u. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer or employee acting on its behalf,\nwhile acting within the scope of their authority, shall be subject to\nany personal liability resulting from the construction, maintenance or\noperation of any of the properties of the authority or from carrying out\nany of the powers expressly given in this title; provided, however, that\nthis section shall not be held to apply to any independent contractor.\n