N.Y. PBA Law § 2047-T — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-T
Pledge by county; contracts with municipalities; powers of municipalities
Status: in_force

§ 2047-t. Pledge by county; contracts with municipalities; powers of\nmunicipalities. 1. The county is hereby authorized to pledge to and\nagree with the holders of the bonds that the county will not limit or\nimpair the rights hereby vested in the agency to purchase, construct,\nmaintain, operate, repair, improve, increase, enlarge, extend,\nreconstruct, renovate, rehabilitate or dispose of any project, or any\npart or parts thereof, for which bonds of the agency shall have been\nissued, to establish and collect rates, rents, fees and other charges\nreferred to in this title and to fulfill the terms of any agreements\nmade with the holders of the bonds or with any public corporation or\nperson with reference to such project or part thereof, or in any way\nimpair the rights and remedies of the bondholders, until the bonds,\ntogether with interest thereon, with interest on any unpaid installments\nof interest and all costs and expenses in connection with any action or\nproceeding by or on behalf of the bondholders are fully met and\ndischarged.\n  2. The county and one or more municipalities within the county, or the\nagency and the county, shall have power to contract from time to time\nbetween or among themselves, or among themselves and with the agency, in\nrelation to the collecting, receiving, transporting, storage, processing\nor disposal of solid waste or for the purchase or use of any materials,\nenergy, by-products or residue generated by or resulting from the\noperation of any solid waste management-resource recovery facility. Any\nsuch contract to which the county and any municipality within the county\nare parties may include provisions stipulating the maximum rates,\nrentals, fees and other charges to be collected for the use of\nfacilities. Any contract to which the agency and the county are parties\nmay include provisions (i) requiring the periodic delivery to the\nparticular facilities of minimum amounts of solid waste and providing\nfor specified minimum periodic payments whether or not such delivery is\nmade or (ii) requiring the county to pay, within appropriations\navailable therefor, such amounts as shall be necessary to assure the\ncontinued operation and solvency of the agency, such payments to be\ndetermined and paid in such manner and at such times as may be provided\nin such contract.\n  3. In recognition of existing state policy, as declared in title one\nof article twenty-seven of the environmental conservation law, the\nlegislature hereby affirms the primacy of the local and regional role in\nresource recovery procedures. To further the governmental and public\npurposes of the agency, including the implementation of any contract or\nproposed contract contemplated by this title, the county and all other\nmunicipalities within the county shall have the power to adopt and amend\nlocal laws imposing appropriate and reasonable limitations on\ncompetition with respect to collecting, receiving, transporting,\ndelivering, storing, processing and disposing of solid waste or the\nrecovery by any means of any material or energy product or resource\ntherefrom, including, without limiting the generality of the foregoing,\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 solid waste management-resource recovery facility; provided,\nhowever, that any such local law enacted by the county shall take\nprecedence over and shall supersede any inconsistent provisions of any\nsuch local law enacted by a municipality within the 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.\n  4. The county is hereby authorized to resell or otherwise dispose of\nall or any part of the materials, energy, by-products or residue\npurchased from the agency pursuant to subdivision two of this section.\nAny resale or other disposition may be made in such manner as the county\nmay deem proper and upon such terms and conditions as may be agreed upon\nby the parties thereto.\n  5. The county and all other municipalities within the county shall\nhave power to perform such other acts, to enter into such other\ncontracts, including contracts between or among themselves, execute such\ninstruments and to undertake such future proceedings as shall be\ndetermined necessary or desirable to effectuate the purpose of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe agency.\n  6. Any contract entered into by a municipality pursuant to this\nsection may be for such term or duration, not to exceed twenty-five\nyears, as may be agreed upon by the parties thereto, except that any\ncontract relating to or affecting the security of any project financed\nin whole or in part by the agency may provide that the same shall remain\nin full force and effect so long as the bonds issued for such project\nshall remain outstanding or until adequate provision has been made for\nthe payment or satisfaction thereof.\n  7. Any contract entered into pursuant to this section to which the\nagency shall be a party may be pledged by the agency as security for any\nissue of bonds, and may be assigned, in whole or in part, by the agency\nto any public corporation or person which shall construct, purchase,\nlease or otherwise acquire any solid waste management-resource recovery\nfacility, or part thereof, financed in whole or in part by the agency.\n
N.Y. PBA Law § 2047-R — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-R
Audit and annual report
Status: in_force

§ 2047-r. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nagency shall be subject to the supervision of the state comptroller. The\nagency shall annually submit to the governor and state comptroller and\nto the state legislature a detailed report pursuant to the provisions of\nsection two thousand five hundred of title one of article nine of this\nchapter, and a copy of such report shall be filed with the county\nexecutive. The agency shall comply with the provisions of sections two\nthousand five hundred one, two thousand five hundred two, and two\nthousand five hundred three of title one of article nine of this\nchapter.\n
N.Y. PBA Law § 2029 — New York Code / Act PBA / Article 8 / Title 13 / Section 2029
Officers and employees not to be interested in transactions
Status: in_force

§ 2029. Officers and employees not to be interested in transactions.\nIt shall be a misdemeanor for any of the members of the authority, or\nany officer, agent, servant or employee thereof, employed or appointed\nby them to be in any way or manner interested directly or indirectly in\nthe furnishing of work, materials, supplies or labor, or in any contract\ntherefor which the authority is empowered by this title to make.\n
N.Y. ENV Law § 9-1303 — New York Code / Act ENV / Article 9 / Title 13 / Section 9-1303
Forest insects and other forest tree diseases
Status: in_force

§ 9-1303. Forest insects and other forest tree diseases.\n  For the purpose of control and preventing the spread of forest insects\nand forest tree diseases (except white pine blister rust and currant\nrust, covered by section 9-1301) the following provisions shall apply:\n  1. The department may enter into cooperative agreements with any other\nstate, the federal government, any foreign government, any municipal\nsubdivision of New York state or private individuals in order to obtain\nproper working agreements.\n  2. The department may accept and expend gifts of money for control and\nprevention work.\n  3. The department may conduct necessary investigations for the purpose\nof discovering better methods of control or prevention of spread of\nforest insects and forest tree diseases either within or without the\nstate.\n  4. Duly authorized agents of the department may enter upon any lands\nfor the purpose of determining if such property is infested with forest\ninsects or forest tree diseases, and the extent of such infestation.\n  5. The department shall have the authority by order to establish\nquarantine districts in any part or parts of the state, and to prohibit\nthe movement of materials which may be harboring forest insects or\nforest tree diseases in any of their different forms. On the making of\nsuch an order, the department shall cause a certified copy of the same\nto be filed in the office of the clerk of each county, affected by such\nquarantine, and shall give such other notice thereof as it may deem\nnecessary. Such order shall be effective on and after the tenth day from\nthe filing thereof.\n  6. The department shall have discretionary authority to poison forest\nareas in or near sections infested by insect pests or forest tree\ndiseases.\n  7. The department may take steps to establish barrier or protective\nzones for the purpose of preventing the spread of forest insect and\ndisease pests, and in so doing shall have the authority and right to\nenter upon private lands for this purpose, and thereon make such\nmodifications in the composition of the forest growth as it may deem\nnecessary. In such barrier or protective zones trees or other vegetation\nmay be sprayed, cut, destroyed, or otherwise treated when in the\njudgment of the department, the same may be necessary, but the owner of\nthe property shall be entitled to a just compensation for damage done\nthrough the acts of such agents, except that no compensation shall be\npaid for the destruction of infested trees.\n  8. The department shall have power to ascertain the amount of damage\ndone upon lands of private owners by the acts of the agents of the\ndepartment in establishing and maintaining barrier zones, by having an\nagent of the department appraise the same. If the owner is not satisfied\nwith the amount of damage as fixed by such appraisal, he may, within six\nmonths after service upon him of a copy of such appraisal, take an\nappeal therefrom to the Court of Claims, which court is hereby\nauthorized to pass upon the questions involved and determine the amount\ndue such owner.\n  9. The department may by order make rules and regulations governing\nany and all operations designed for the purpose of preventing the spread\nof or for the purpose of controlling forest insects and forest tree\ndiseases, their pupae, eggs and caterpillars, and plants or trees\ninfested by them, all of which are hereby declared a public nuisance.\nSuch rules and regulations shall become effective in any county on and\nafter the tenth day from the filing of a certified copy in the office of\nthe clerk of that county.\n  10. No action for trespass shall lie on account of entry on private\nlands by an agent of the department for the exercise of any power\nauthorized by this section.\n  11. No person shall wilfully resist or obstruct the work of any agents\nduly employed by the department, engaged in the suppression of forest\ninsects or forest tree diseases.\n  12. The department shall have the authority to incur expenses in\nconnection with the training of persons at points outside of the state\nof New York, if the same is deemed by it necessary.\n
N.Y. PBA Law § 2051-C — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-C
County of Franklin solid waste management authority
Status: in_force

§ 2051-c. County of Franklin solid waste management authority. 1. A\ncorporation known as the County of Franklin solid waste management\nauthority is hereby created for the public purposes and charged with the\nduties and having the powers provided in this title. The authority shall\nbe a body corporate and politic constituting a public benefit\ncorporation. It shall consist of seven members who shall be appointed by\nthe county legislature.\n  2. The first members of the authority shall be appointed according to\nthe following schedule for their terms of office; two for a one-year\nterm ending on December thirty-first of the year following the year in\nwhich this title shall have become a law; two for a two-year term ending\non December thirty-first of the second year following the year in which\nthis title shall have become a law; and three for a three-year term\nending on December thirty-first of the third year following the year in\nwhich this title shall have become a law. Subsequent appointments of\nmembers shall be made in the same manner and for terms of three years\nending in each case on December thirty-first of the last year of each\nsuch term. No person who has served as a member for two consecutive\nterms shall be eligible for reappointment as a member for a third term\nexcept after an interval of at least three years. All members shall\ncontinue to hold office until their successors are appointed and\nqualify. Vacancies occurring at the end of a term shall each be filled\nand appointed for a three-year term. Vacancies occurring otherwise than\nby expiration of term shall be filled in the same manner, respectively,\nfor the unexpired term. Members may be removed from office for the same\nreasons and in the same manner as provided by law for the removal of\nofficers of the county. Appointments to fill expired and unexpired terms\nshall be made within sixty days upon receipt of notification by the\nchairman of the county legislature that a vacancy exists.\n  3. The members of the authority shall receive no compensation for\ntheir services but shall be reimbursed for all of their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the authority shall be vested in\nand be exercised by the governing body at a meeting duly called and held\nwhere a quorum of four members are present. No action shall be taken\nexcept by the favorable vote of at least four members. The officers of\nthe authority shall consist of a chairman, a vice-chairman and a\ntreasurer who shall be members of the authority, and a secretary who\nneed not be a member of the authority. The officers of the authority\nshall be selected by the authority and shall serve in such capacities at\nthe pleasure of the authority. In addition to the position of secretary,\nthe authority may appoint and at pleasure remove an executive director,\nattorney and engineer, which positions shall be in the exempt class of\nthe civil service, and such additional officers and employees as it may\ndeem necessary, and may determine and fix their qualifications, duties\nand compensation, subject to the provisions of the civil service law.\nThe authority may delegate to one or more of its members, officers,\nagents or employees any such powers as it may deem proper. The authority\nmay also contract for expert professional services. The treasurer shall\nexecute a bond conditioned on the faithful performance of the duties of\nhis or her office, the amount and sufficiency of which shall be approved\nby the governing body and the premium for which shall be paid by the\nauthority.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality or any public benefit\ncorporation shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as a member, officer, agent\nor employee of the authority be deemed incompatible or in conflict with\nsuch office, membership or employment.\n  5. In addition to any powers granted to it by law, the county\nlegislature may appropriate by resolution sums of money to defray\nproject costs or any other costs and expenses of the authority to be\nincurred prior to the first issuance of bonds. Subject to the rights of\nbondholders, the county legislature may determine if the moneys so\nappropriated shall be subject to repayment by the authority to the\ncounty and, in such eventuality, the manner and schedule for such\nrepayment.\n  6. (a) The county shall file on or before March thirty-first of the\nyear following the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate approved by the\nlegislature and signed by the chairman of the county legislature setting\nforth: (1) the name of the agency; (2) the names of the members\nappointed by the county legislature and (3) the effective date of this\ntitle. The authority shall be perpetual in duration, except that if such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the authority shall thereupon\nterminate and it shall be deemed to be and shall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw provided, however, that no such law shall take effect so long as the\nauthority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest in the county.\n  7. It is hereby determined that the authority and the carrying out of\nits powers and duties are in all respects for the benefit of the people\nof the county and the state for the improvement of their health, welfare\nand prosperity and that such purposes are public purposes and that the\nauthority is and will be performing an essential governmental function\nin the exercise of the powers conferred upon it by this title.\n
N.Y. PBA Law § 2053-G — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-G
Charges by the authority; method of collection
Status: in_force

§ 2053-g. Charges by the authority; method of collection.  1. The\nauthority may fix and collect, on any equitable basis, rates, rentals,\nfees and other charges for the use of facilities of or services or\ncommodities provided by the authority, including the availability of any\nof the foregoing from the authority. Such rates, rentals, fees and other\ncharges may be fixed and collected from any person to whom such\nfacilities, services or commodities are provided by or made available\nfrom the authority, including generators of solid waste and owners of\nreal property upon which solid waste is generated. Such rates, rentals,\nfees and other charges may be the same or different for each\nclassification of user or service recipient and may, by way of example,\nreflect the source and composition of solid waste and may provide for\nfee reductions to the users or service recipients in proportion to waste\ngenerated or to reflect participation in source separation programs. In\nany instance where the county is or would be required by law, with\nrespect to solid waste management, to conduct a public hearing in\nconnection with a user or rate, rental, fee or other charge, the\nauthority shall not establish, fix, or revise any classification of user\nor service recipient, rate, rental, fee or other charge unless and until\nthe authority has held a public hearing at which interested persons have\nhad an opportunity to be heard concerning the same; provided however,\nthat if the county has conducted a public hearing in connection with\nsuch rate, rental, fee or other charge, the authority shall not be\nrequired to hold a public hearing. Notice of any such public hearing\nshall be published at least ten days before the date set therefor, in at\nleast one newspaper of general circulation in the county. Such notice\nshall set forth the date, time and place of such hearing and shall\ninclude a brief description of the matters to be considered at such\nmeeting. A copy of the notice shall be available for inspection by the\npublic. At any such hearing, any interested persons shall have an\nopportunity to be heard concerning the matters under consideration. Any\ndecision by the authority at such public hearing shall be in writing and\nbe made available in the office of the authority for public inspection\nduring regular office hours.\n  2. All rates, rentals, fees and other charges for the use of the\nfacilities of, or services provided or made available by, the authority\nand billed directly by the authority to the user or service recipient\npursuant to a classification of users or service recipients adopted by\nthe authority as herein provided shall be a lien upon the real property\nupon which, or in connection with which, services are provided or made\navailable, as and from the first date fixed for payment of such rates,\nrentals, fees and other charges. Any such lien shall take precedence\nover all other liens or encumbrances, except taxes or assessments. The\ntreasurer of the authority shall prepare and transmit to the respective\nlegislative body of each municipality, on or before the first day of\nDecember in each year, a list of those properties within each respective\nmunicipality using such facilities or for which such services were\nprovided or made available and from which the payment of rates, rentals,\nfees and other charges are in arrears for a period of thirty days or\nmore after the last day fixed for payment of such rates, rentals, fees\nand other charges without penalty. The list shall contain a brief\ndescription of such properties, the names of the persons or corporations\nliable to pay for the same, and the amount chargeable to each, including\npenalties and interest computed to December thirty-first of that year.\nEach governing body shall levy such sums against the properties liable\nand shall state the amount thereof in a separate column in the annual\ntax rolls of the various municipalities under the headings "solid waste\ndisposal charge" and "animal management charge", as appropriate. Such\namounts, when collected by the several municipal collectors or receivers\nof taxes, shall be paid over to the treasurer of the authority.\nAlternatively, the legislative body of any municipality which provides\nsolid waste collection service to all or a portion of the properties\nwithin its boundaries using municipally owned and operated collection\nvehicles may execute an agreement with the authority to collect and be\nresponsible for the collection of, on behalf of the authority, any\noverdue or delinquent rates, rentals, fees or other charges and such\nmunicipality shall have the power to pay directly to the authority such\noverdue or delinquent rates, rentals, fees and other charges whether or\nnot they are actually collected from the users or service recipients of\nsuch municipality. All of the provisions of the tax law of the state\ngoverning enforcement and collection of unpaid taxes or assessments for\nspecial improvements not inconsistent herewith shall apply to the\ncollection of such unpaid rates, rentals, fees and other charges.\n
N.Y. PBA Law § 2041-Y — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-Y
Effect of inconsistent provisions
Status: in_force

§ 2041-y. Effect of inconsistent provisions. Insofar as the provisions\nof this title are inconsistent with the provisions of any other act,\ngeneral or special, or of the county charter, any local law, ordinance\nor resolution of a participating county or any other municipality within\nthe area of operation, the provisions of this title shall be\ncontrolling. Nothing contained in this section shall be held to\nsupplement or otherwise expand the powers or duties of the authority\notherwise set forth in this title. Nothing contained in this title shall\nbe held to alter or abridge the powers and duties of the department of\nenvironmental conservation or the department of health.\n
N.Y. PBA Law § 2049-L — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-L
Bonds legal investment for fiduciaries
Status: in_force

§ 2049-l. 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 § 2053-D — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-D
Transfer of property to authority; acquisition of property by county for authority
Status: in_force

§ 2053-d. Transfer of property to authority; acquisition of property\nby county for authority. 1. The county or any other municipality may\ngive, grant, sell, convey, loan, license the use of or lease to the\nauthority any property or facility which is useful to the authority in\norder to carry out its powers and duties under this title. Any such\ntransfer of property shall be upon such terms and conditions, subject to\nthe rights of the holders of any bonds, subject to the provisions of\nsection two thousand fifty-three-f of this title, as the authority and\nthe county or other municipality may agree.\n  2. Notwithstanding the provisions of any other law, general, special\nor local, real property acquired by the authority, subject to the\nprovisions of section two thousand fifty-three-f of this title, or the\ncounty from the state may be used for any corporate purpose of the\nauthority.\n
N.Y. PBA Law § 2025 — New York Code / Act PBA / Article 8 / Title 13 / Section 2025
State, county and municipalities not liable on bonds or notes
Status: in_force

§ 2025. State, county and municipalities not liable on bonds or notes.\nThe bonds or notes of the authority shall not be a debt of the state of\nNew York or of the county or of any municipality in the county, and\nneither the state nor the county nor any municipality in the county\nshall be liable thereon, nor shall they be payable out of any funds\nother than those of the authority.\n
N.Y. PBA Law § 2024 — New York Code / Act PBA / Article 8 / Title 13 / Section 2024
Agreements of the state
Status: in_force

§ 2024. Agreements of the state. The state of New York does pledge to\nand agree with the holders of the bonds or notes that the state will not\nlimit or alter the rights hereby vested in the authority to acquire,\nconstruct, maintain, operate, reconstruct and improve the properties, to\nestablish and collect the revenues, rates, rentals, fees and other\ncharges referred to in this title and to fulfill the terms of any\nagreements made with the holders of the bonds or notes, or in any way\nimpair the rights and remedies of such bondholders or noteholders, until\nthe bonds or notes together with interest thereon, interest on any\nunpaid installments of interest, and all costs and expenses in\nconnection with any action or proceedings by or on behalf of the\nbondholders or noteholders are fully met and discharged.\n
N.Y. PBA Law § 2051-D — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-D
Transfer of property to authority; acquisition of property by county for authority
Status: in_force

§ 2051-d. Transfer of property to authority; acquisition of property\nby county for authority. 1. The county or any other municipality may\ngive, grant, sell, convey, loan, license the use of or lease to the\nauthority any property or facility which is useful to the authority in\norder to carry out its powers under this title. Any such transfer of\nproperty shall be upon such terms and conditions, subject to the rights\nof the holders of any bonds, as the authority and the county or other\nmunicipality may agree.\n  2. Notwithstanding the provisions of any other law, general, special\nor local, real property acquired by the authority or the county from the\nstate may be used for any corporate purpose of the authority.\n
N.Y. PBA Law § 2051-P — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-P
Contracts
Status: in_force

§ 2051-p. Contracts. 1. All contracts or orders for work, material or\nsupplies performed or furnished in connection with construction shall be\nawarded by the authority pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, shall be\nmade in compliance with paragraph (e) of subdivision four and\nsubdivision seven of section one hundred twenty-w of the general\nmunicipal law. In any construction contract, the authority may provide a\nprogram for the payment of damages for delays and incentive awards in\norder to encourage timely project completion. An action, suit or\nproceeding contesting the validity of a contract awarded pursuant to\nthis section, or the validity of the procedures relating to such award,\nshall be governed by the provisions of subdivision six of section one\nhundred twenty-w of the general municipal law and the term\n"municipality" as used in such subdivision six shall mean the authority.\n  2. The bidder whose bid is accepted shall give security for the\nfaithful performance of the contract, and such other security as the\nauthority may require, and may be required to maintain any construction\ndone under the contract for such period as shall be stipulated, all in\nthe manner prescribed and required by the authority and the sufficiency\nof such security shall, in addition to the justification and\nacknowledgement, be approved by the authority. All bids or proposals\nshall be publicly opened by the governing body or its duly authorized\nagent. If the bidder whose bid or proposal has been accepted after\nadvertising shall neglect or refuse to accept the contract within five\ndays after written notice that the contract has been awarded to him on\nhis bid or proposal or if he accepts but does not execute the contract\nand give proper security, the authority shall have the right to declare\nhis deposit forfeited. In case any work shall be abandoned by any\ncontractor, the authority may, if it determines that the public interest\nis thereby served, adopt on behalf of the authority any or all\nsubcontracts made by such contractor for such work and all such\nsubcontractors shall be bound by such adoption if made. No bid or\nproposal shall be accepted from or any contract awarded to any person or\ncorporation who is in arrears to the authority or the county upon any\nobligation of the authority or of the county. Every contract shall be\nexecuted in duplicate, one copy of which shall be held by the authority\nand one copy of which shall be delivered to the contractor. The\nauthority may adopt, utilize, ratify and confirm any request for\nproposals, invitation for sealed bids, plans, specifications and notices\nheretofore or hereafter published by the county with respect to any\nproposed project. The provisions of this section shall supersede any\ninconsistent provisions of the general municipal law, or any other\ngeneral, special or local law, or the charter of the county. The\nauthority shall be deemed an authority for the purpose of section\ntwenty-eight hundred seventy-eight of this chapter.\n
N.Y. PBA Law § 2049-CC — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-CC
Oneida-Herkimer solid waste management authority
Status: in_force

§ 2049-cc. Oneida-Herkimer solid waste management authority. 1. A\ncorporation known as the Oneida-Herkimer solid waste management\nauthority is hereby created for the public purposes and charged with the\nduties and having the powers provided in this title. The authority shall\nbe a body corporate and politic constituting a public benefit\ncorporation. It shall consist of ten members, four of whom shall be\nappointed by the legislative body of the county of Oneida, three of whom\nshall be appointed by the county executive of the county of Oneida, and\nthree of whom shall be appointed by the legislative body of the county\nof Herkimer. The first members appointed by the legislative body of the\ncounty of Oneida shall be appointed for the following staggered terms of\noffice: one member: five year term; one member: four year term; one\nmember: three year term; one member: two year term. The first members\nappointed by the county executive of the county of Oneida shall be\nappointed for the following staggered terms of office: one member: five\nyear term; one member: four year term; one member: three year term. The\nfirst members appointed by the legislative body of the county of\nHerkimer shall be appointed for the following staggered terms of office:\none member: five year term; one member: four year term; one member:\nthree year term. Subsequent appointment of members by each legislative\nbody and such county executive shall be made for a term of five years\nending in each case on December thirty-first of the last year of such\nterm. All members shall continue to hold office until their successors\nare appointed and qualify. Vacancies shall be filled by the affected\nlegislative body or county executive in the manner provided for in the\noriginal appointment. Vacancies, occurring otherwise than by expiration\nof term of office, shall be filled by the affected legislative body or\ncounty executive for the unexpired terms.  Members may be removed from\noffice by the county executive or by the legislative body of the county\nwhich appointed such members for inefficiency, neglect of duty or\nmisconduct in office; provided, however, that such member shall be given\na copy of the charges against him and an opportunity of being heard in\nperson, or by counsel, in his defense upon not less than ten days\nnotice. The members of the authority shall receive such compensation for\ntheir services on a per diem basis as the legislative bodies of the\ncounties shall determine and shall be reimbursed for all their actual\nand necessary expenses incurred in connection with the carrying out of\nthe purposes of this title. The powers of the authority shall be vested\nin and be exercised by the governing body at a meeting duly called and\nheld and five of the members shall constitute a quorum. No action shall\nbe taken except pursuant to the favorable vote of not less than a\nmajority of the ten members which the authority would have would there\nbe not vacancies and were none of the members disqualified from acting.\nThe governing body may delegate to one or more of its members, officers,\nagents or employees such powers and duties as it may deem proper.\n  2. The officers of the authority shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the authority,\nand a secretary, who need not be a member of the authority. Such\nofficers shall be appointed by the governing body and shall serve at the\npleasure of the governing body. In addition to the secretary, the\ngoverning body may appoint and at pleasure remove an attorney, engineer\nand executive director which positions shall be in the exempt class of\ncivil service and such additional officers and employees as they may\ndetermine necessary for the performance of the powers and duties of the\nauthority, and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\ngoverning body may also, from time to time, contract for expert\nprofessional services. The treasurer shall execute a bond, conditioned\nupon the faithful performance of the duties of his office, the amount\nand sufficiency of which shall be approved by the governing body and the\npremium therefor shall be paid by the authority.\n  3. Notwithstanding any inconsistent provisions of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, the counties, any other municipality, or any\npublic benefit corporation, shall forfeit his or her office of\nemployment by reason of his or her acceptance of appointment as a\nmember, officer, agent or employee of the authority, nor shall service\nas such member, officer, agent or employee be deemed incompatible or in\nconflict with such office, membership or employment.\n  4. Each of the counties electing to participate in the authority shall\nfile on or before December thirty-first of the year in which this title\nshall take effect, in the office of the secretary of state, a\ncertificate signed by the chairman of its legislative body setting\nforth: (a) the name of the authority; (b) the names of the members\nappointed by such county legislature and the county executive of such\ncounty, where applicable, and their terms of office; and (c) the\neffective date of this title. The authority shall be perpetual in\nduration, except that if such certificate is not filed with the\nsecretary of state on or before such date than the corporate existence\nof the authority shall thereupon terminate and it shall thereupon be\ndeemed to be and shall be dissolved; provided, however, that no such\ntermination shall take effect so long as the authority shall have bonds\nor other obligations outstanding unless adequate provision has been made\nfor the payment or satisfaction thereof. Upon termination of the\nexistence of the authority, all of the rights and properties of the\nauthority then remaining shall pass to and vest in the counties.\n  5. In the event that the chairman of the county legislature of only\none of the counties shall file in the office of the secretary of state\nthe certificate described in subdivision four of this section, then the\nsolid waste management authority provided for in this title shall be\ncreated as the solid waste management authority for such county and the\nauthority shall be created to serve the area of such county and shall\nhave all powers set forth in this title. In such event, the authority\nshall be known as the solid waste management authority of that county,\nthis title shall be known and cited as the solid waste management\nauthority act of that county, the area of operation shall be limited to\nthat county, legislative body or legislative bodies shall mean the\nlegislative body of that county, the membership of the authority shall\nconsist of the members to be appointed by the legislative body and, if\nsuch certificate shall be filed by the chairman of the county\nlegislature of the county of Oneida, by the county executive of such\ncounty and all references to the counties or each of the counties shall\nmean the county in which such chairman shall have filed such\ncertificate. All other references or provisions in this title to more\nthan one county shall be deemed to refer solely to such participating\ncounty, it being the intention of this section to permit the creation of\nthe authority for only one county if such other county shall elect not\nto participate.\n  6. It is hereby determined and declared, that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the counties and the state for the improvement\nof their health, welfare and prosperity and that such purposes are\npublic purposes and that the authority is and will be performing an\nessential governmental function in the exercise of the powers conferred\nupon it by this title.\n
N.Y. ENV Law § 21-1321 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1321
Inconsistent laws
Status: in_force

§ 21-1321. Inconsistent laws.\n  No provision of this chapter or of any other law of this state which\nis inconsistent with the provisions of the compact shall be applicable\nto the Susquehanna river basin commission or to any matter governed by\nthe compact.\n
N.Y. PBA Law § 2051-T — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-T
Contracts with municipalities; powers of municipalities
Status: in_force

§ 2051-t. Contracts with municipalities; powers of municipalities. 1.\nThe county and one or more municipalities within the county, or the\nauthority and the county, shall have power to contract from time to time\nbetween or among themselves, or among themselves and with the authority,\nin relation to the receiving, transporting, storage, processing or\ndisposal of solid waste or for the purchase or use of any materials,\nenergy, by-products or residue generated by or resulting from the\noperation of any solid waste management facility. Any such contract to\nwhich the authority and any municipality within the county are parties\nmay include provisions stipulating the maximum rates, rentals, fees and\nother charges to be collected for the use of facilities. Any contract to\nwhich the authority and the county are parties may include provisions\n(i) requiring the periodic delivery to the particular facilities of\nminimum amounts of solid waste and providing for specified minimum\nperiod payments whether or not such delivery is made, or (ii) requiring\nthe county to pay, within appropriations available therefor, such\namounts as shall be necessary to assure the continued operation and\nsolvency of the agency, such payments to be determined and paid in such\nmanner and at such times as may be provided in such contract.\n  2. In recognition of existing state policy, as declared in title one\nof article twenty-seven of the environmental conservation law, the\nlegislature hereby affirms the primacy of the local and regional role in\nresource recovery procedures. To further the governmental and public\npurposes of the authority, including the implementation of any contract\nor proposed contract contemplated by this title, the county and all\nother municipalities within the county shall have power to adopt and\namend local laws, ordinances and regulations imposing appropriate and\nreasonable limitations on competition with respect to collecting,\nreceiving, transporting, delivering, storing, processing and disposing\nof solid waste or the recovery by any means of any material or energy\nproduct or resource therefrom, and shall further have the power to adopt\nand amend local law requiring that all solid waste generated, originated\nor brought within their respective boundaries, subject to such\nexceptions as may be determined to be in the public interest, shall be\ndelivered to a specified facility or facilities; provided however, that\nany such local law enacted by the county shall take precedence over and\nshall supersede any inconsistent provisions of any such local law\nenacted by a municipality with the county. Any such local law shall be\nadopted in accordance with the procedure provided by the municipal home\nrule law, except that no such local law shall be subject to either\nmandatory or permissive referendum. For the purposes of this section,\nsolid waste shall have the same meaning as defined in section two\nthousand fifty-one-b of this title, but shall not include any scrap or\nother material of value separated from the waste stream and held for\npurposes of materials recycling. Upon the adoption of any local law,\nordinance or regulation pursuant to this section, the participating\ncounty or municipality shall file with the commissioner of the\ndepartment of environmental conservation a verified copy of such local\nlaw, ordinance or regulation.\n  3. The county is hereby authorized to resell or otherwise dispose of\nall or any part of the materials, energy, by-products or residue\npurchased from the authority pursuant to subdivision one of this\nsection. Any resale or other disposition may be made in such manner as\nthe county may deem proper and upon such terms and conditions as may be\nagreed upon by the parties thereto.\n  4. The county and all other municipalities within the county shall\nhave power to perform such other acts, to enter into such other\ncontracts, including contracts between or among themselves, execute such\ninstruments and to undertake such future proceedings as shall be\ndetermined necessary or desirable to effectuate the purpose of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe authority.\n  5. Except as otherwise provided by section one hundred twenty-w of the\ngeneral municipal law, any contract entered into by a municipality\npursuant to this section may be for such term or duration, not to exceed\ntwenty-five years, as may be agreed upon by the parties thereto.\n  6. Any contract entered into pursuant to this section to which the\nauthority shall be a party may be pledged by the authority as security\nfor any issue of bonds, and may be assigned, in whole or in part, by the\nauthority to any public corporation or person which shall construct,\npurchase, lease or otherwise acquire any solid waste management\nfacility, or part thereof, financed in whole or in part by the\nauthority.\n
N.Y. PBA Law § 2049-KK — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-KK
Moneys of the authority
Status: in_force

§ 2049-kk. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in interest bearing accounts in a bank\nor banks in the state designated by the governing body. The moneys in\nsuch accounts shall be paid out on check of the treasurer upon\nrequisition by the governing body or of such other person or persons as\nthe governing body may authorize to make such requisitions. All deposits\nof such moneys shall be secured by obligations of the United States, the\nstate or of the counties of a market value equal at all times to the\namount on deposit and all banks and trust companies are authorized to\ngive such security for such deposits. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds, and\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section.  Moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be secured in the same manner as moneys of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. Subject\nto the provisions of any contract with bondholders and with the approval\nof the comptroller, the authority shall prescribe a system of accounts.\n
N.Y. PBA Law § 2053-H — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-H
Governmental capacity of the authority and municipalities
Status: in_force

§ 2053-h. Governmental capacity of the authority and municipalities.\nThe county, other municipalities within the county and the authority in\ncarrying out the respective powers and duties under this title shall be\ndeemed to be acting in a governmental capacity. The construction,\noperation and maintenance of any project financed in whole or in part by\nthe authority shall be deemed to be the performance of an essential\ngovernmental function by the authority acting in its governmental\ncapacity, whether such project shall be owned or operated by the\nauthority or by any person or other public corporation.\n
N.Y. PBA Law § 2052-N — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-N
Audit and annual report
Status: in_force

§ 2052-n. 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 comptroller. The\nauthority shall annually submit to the governor and comptroller and to\nthe state legislature a detailed report pursuant to the provisions of\nsection two thousand eight hundred of title one of article nine of this\nchapter, and a copy of such report shall be filed with the county\nexecutive and with the county board of legislators. The authority shall\ncomply with the provisions of sections two thousand eight hundred one,\ntwo thousand eight hundred two and two thousand eight hundred three of\ntitle one of article nine of this chapter.\n
N.Y. PBA Law § 2049-HH — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-HH
Bonds of the authority
Status: in_force

§ 2049-hh. 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 from\ntime to time to refund any bonds by the issuance of new bonds whether\nthe bonds 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, insurance,\nguarantee or other credit support to the extent now or hereafter\navailable, in each case for securing its bonds or to provide direct\npayment of any costs which 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 shall\nmature within thirty years from the date of original issuance of any\nsuch bonds. Obligations with a maturity of five years or less from the\ndate of their original issuance may be denominated as notes. Bonds shall\nbe subject to such terms of redemption, bear interest at such rate or\nrates, which may vary from time to time, be payable at such times, be in\nsuch form, carry such registration privileges, be executed in such\nmanner, be payable in such medium of payment at such place or places,\nshall be subject to tender to the authority with or without extinction\nor cancellation and be subject to such terms and conditions as such\nresolution may provide. Bonds may be sold at public or private sale for\nsuch price or prices as the authority shall determine, provided that no\nbonds of the authority shall be sold by the authority 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 authority may pay all expenses, premiums and commissions which it\nmay deem necessary or advantageous in connection with the issuance and\nsale 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\nproperty, of the authority to secure the payment of the bonds, including\nbut not limited to any contracts, earnings or proceeds of any grant to\nthe authority received from any private or public source, subject to\nsuch agreements as may then exist;\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 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 trustee appointed by the\nbondholders pursuant to section two thousand forty-nine-ii 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 omission 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 or other moneys or\nproperty and the doing of any act, including refraining from doing any\nact, which the authority would have the right to do in the absence of\nsuch agreements. The authority shall have power to enter into amendments\nof any such agreements within the powers granted to the authority by\nthis title and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof 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 perfected 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 the purposes of the uniform commercial code, subject only to the\nprovisions 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 a\nprice not exceeding (a) if the bonds are then redeemable, the redemption\nprice then applicable, plus accrued interest to the next interest\npayment date, (b) if the bonds are not then redeemable, the redemption\nprice applicable on the first date after such purchase upon which the\nbonds become subject to redemption plus accrued interest to the next\ninterest payment date.\n
N.Y. PBA Law § 2049-N — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-N
Agreement with the town
Status: in_force

§ 2049-n. Agreement with the town. The town is authorized to pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title that the town will not limit or impair the rights hereby\nvested in the authority to purchase, construct, maintain, operate,\nrepair, improve, increase, enlarge, extend, reconstruct, renovate,\nrehabilitate or dispose of any project, or any part or parts thereof,\nfor which bonds of the authority shall have been issued, to establish\nand collect rates, rents, fees and other charges referred to in this\ntitle and to fulfill the terms of any agreements made with the holders\nof the bonds or with any public corporation or person with reference to\nsuch project or part thereof, or in any way impair the rights and\nremedies of the bondholders, until the bonds, together with interest\nthereon, with interest on any unpaid installments of interest and all\ncosts and expenses in connection with any action or proceeding by or on\nbehalf of the bondholders are fully met and discharged.\n
N.Y. GOB Law § 5-1311 — New York Code / Act GOB / Article 5 / Title 13 / Section 5-1311
Uniform vendor and purchaser risk act
Status: in_force

§ 5-1311. Uniform vendor and purchaser risk act. 1. Any contract for\nthe purchase and sale or exchange of realty shall be interpreted, unless\nthe contract expressly provides otherwise, as including an agreement\nthat the parties shall have the following rights and duties:\n  a. When neither the legal title nor the possession of the subject\nmatter of the contract has been transferred to the purchaser: (1) if all\nor a material part thereof is destroyed without fault of the purchaser\nor is taken by eminent domain, the vendor cannot enforce the contract,\nand the purchaser is entitled to recover any portion of the price that\nhe has paid; but nothing herein contained shall be deemed to deprive the\nvendor of any right to recover damages against the purchaser for any\nbreach of contract by the purchaser prior to the destruction or taking;\n(2) if an immaterial part thereof is destroyed without fault of the\npurchaser or is taken by eminent domain, neither the vendor nor the\npurchaser is thereby deprived of the right to enforce the contract; but\nthere shall be, to the extent of the destruction or taking, an abatement\nof the purchase price.\n  b. When either the legal title or the possession of the subject matter\nof the contract has been transferred to the purchaser, if all or any\npart thereof is destroyed without fault of the vendor or is taken by\neminent domain, the purchaser is not thereby relieved from a duty to pay\nthe price, nor is he thereby entitled to recover any portion thereof\nthat he has paid; but nothing herein contained shall be deemed to\ndeprive the purchaser of any right to recover damages against the vendor\nfor any breach of contract by the vendor prior to the destruction or\ntaking.\n  2. This section shall be so interpreted and construed as to effectuate\nits general purpose to make uniform the law of those states which enact\nit.\n  3. This section may be cited as the uniform vendor and purchaser risk\nact.\n
N.Y. PBA Law § 2047-B — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-B
Definitions
Status: in_force

§ 2047-b. Definitions. As used or to refer to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Agency" means the public benefit corporation created by section\ntwo thousand forty-six-c of this title, known as the Dutchess County\nResource Recovery Agency.\n  2. "Area of operation" means the county of Dutchess.\n  3. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the agency pursuant to this title and the provisions of this\ntitle relating to bonds and bondholders shall apply with equal force and\neffect to notes and noteholders, respectively, unless the context\notherwise clearly requires.\n  4. "Cost" as applied to any project, 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\nacquiring any lands to which such buildings or structures may be moved\nor relocated, the cost of all systems, facilities, machinery, apparatus\nand equipment, financing charges, interest prior to, during and after\nconstruction to the extent not paid or provided for from revenues or\nother sources, the cost of engineering and architectural surveys, plans\nand specifications, the cost of consultants' and legal services, the\ncost of lease guarantee or bond insurance, other expenses necessary or\nincidental to the construction of such project and the financing of the\nconstruction thereof, including the amount authorized in the resolution\nof the agency providing for the issuance of bonds to be paid into any\nreserve or other special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including\nreimbursement to the county, or any municipality, state agency, the\nstate, 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 agency.\n  5. "County" means the county of Dutchess.\n  6. "Construction" means the acquisition, erection, building,\nalteration, 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  7. "Governing body" means the members of the agency constituting and\nacting as the governing body of the agency.\n  8. "Municipality" means any county, city, town, village, improvement\ndistrict, or public corporation of the state, or any combination\nthereof.\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, the planning, development, financing, construction, operation,\nor maintenance of which is authorized to be undertaken in whole or in\npart by the agency pursuant 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.\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 agency from its operations.\n  14. "Solid waste" means all materials or substances discarded or\nrejected as being spent, useless, worthless, or in excess to the owners\nat the time of such discard or rejection, including but not limited to\ngarbage, refuse, industrial and commercial waste, sludges from air or\nwater pollution control facilities or water supply treatment facilities,\nrubbish, ashes, contained gaseous material, incinerator residue,\ndemolition and construction debris and offal, but not including sewage\nand other highly diluted water-carried materials or substances and those\nin gaseous form, source, special nuclear or by-product material within\nthe meaning of the Atomic Energy Act of 1954, as amended, and waste\nwhich appears on the list of hazardous waste promulgated by the\ncommissioner of environmental conservation pursuant to section 27-0903\nof 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 the collecting,\nreceiving, transporting, storage, processing, or disposal of solid waste\nor the recovery by any means of any material or energy product or\nresource therefrom including but not limited to recycling centers,\ntransfer stations, baling facilities, rail haul or maritime facilities,\ncollection vehicles processing systems, resource recovery facilities,\nsteam and electric generating and transmission facilities, including\nauxiliary facilities to supplement or temporarily replace such\ngenerating facilities, steam distribution facilities, sanitary\nlandfills, plants and facilities for compacting, composting or\npyrolization of solid wastes, incinerators, and other solid waste\ndisposal, 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.\n  16. "State" means the state of New York.\n  17. "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
N.Y. ENV Law § 27-1316 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1316
Citizen technical assistance grants
Status: in_force

§ 27-1316. Citizen technical assistance grants.\n  1. The commissioner is authorized to provide, or order a person acting\nunder order or on consent, to provide grants to any not-for-profit\ncorporation exempt from taxation under section 501(c)(3) of the internal\nrevenue code who may be affected by an inactive hazardous waste disposal\nsite remedial program. To qualify to receive such assistance, a\ncommunity group must demonstrate that its membership represents the\ninterests of the community affected by such site, and that members'\nhealth, economic well-being or enjoyment of the environment are\npotentially affected by such site. Such grants shall be known as\ntechnical assistance grants and may be used to obtain technical\nassistance in interpreting information with regard to the nature of the\nhazard posed by hazardous waste located at or emanating from an inactive\nhazardous waste disposal site or sites and the development and\nimplementation of an inactive hazardous waste disposal site remedial\nprogram or programs. Such grants may also be used:\n  (a) to advise affected residents on any health assessment; and\n  (b) for training funds for the education of interested affected\ncommunity members to enable them to more effectively participate in the\nremedy selection process.\n  Grants awarded under this section may not be used for the purposes of\ncollecting field sampling data, political activity or lobbying\nlegislative bodies.\n  2. The amount of any grant awarded under this section may not exceed\nfifty thousand dollars at any one site.\n  3. No matching contribution from the grant recipient shall be required\nfor a technical assistance grant. Following a grant award, a portion of\nthe grant shall be made available to the grant recipient, in advance of\nthe expenditures to be covered by the grant, in five thousand dollar\ninstallments.\n
N.Y. PBA Law § 2050-B — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-B
Definitions
Status: in_force

§ 2050-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears in the context, the following terms\nshall have the following meanings:\n  1. "Agency" means the public benefit corporation created by section\ntwo thousand fifty-c of this title, known as the Ulster county resource\nrecovery agency.\n  2. "Area of operation" means the county of Ulster.\n  3. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the agency pursuant to this title and the provisions of this\ntitle relating to bonds and bondholders shall apply with equal force and\neffect to notes and noteholders, respectively, unless the context\notherwise clearly requires.\n  4. "Cost" as applied to any project, 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\nacquiring any lands to which such building or structures may be moved or\nrelocated, the cost of all systems, facilities, machinery, apparatus and\nequipment, financing charges, interest prior to, during and after\nconstruction to the extent not paid or provided for from revenues or\nother sources, the cost of engineering and architectural surveys, plans\nand specifications, the cost of consultants and legal services, the cost\nof lease guarantee, 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 agency providing for the issuance of bonds to\nbe paid into any reserve or other special fund from the proceeds of such\nbonds and the financing of the placing of any project in operation,\nincluding reimbursement to the county, or 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 agency.\n  5. "County" means the county of Ulster.\n  6. "County legislature" means the legislative body of the county.\n  7. "Construction" means the acquisition, erection, building,\nalteration, 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  8. "Governing body" means the members of the agency constituting and\nacting as the governing body of the agency.\n  9. "Municipality" means any county, city, town, village, improvement\ndistrict, or public corporation of the state, or any combination\nthereof.\n  10. "Person" means any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n  11. "Project" means any solid waste management-resource recovery\nfacility, the planning, development, financing, construction, operation,\nor maintenance of which is authorized to be undertaken in whole or in\npart by the agency pursuant to this title.\n  12. "Real property" means lands, structures, franchises and interest\nin lands, waters, lands under water, 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 interest\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.\n  13. "Resources 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  14. "Revenues" means all rates, fees, rents, charges and other income\nderived by the agency from its operation.\n  15. "Solid waste" means all materials or substances discarded or\nrejected as being spent, useless, worthless, or in excess to the owners\nat the time of such discard or rejection, including but not limited to\ngarbage, refuse, industrial and commercial waste, sludges from air or\nwater pollution control facilities or water supply treatment facilities,\nrubbish, ashes, contained gaseous material, incinerator residue,\ndemolition and construction debris and offal, but not including sewage\nand other highly diluted water-carried materials or substances and those\nin gaseous form, source, 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 of hazardous waste promulgated by the commissioner\nof environmental conservation pursuant to section 27-0903 of the\nenvironmental conservation law.\n  16. "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, landspreading facilities, waste oil storage, reprocessing\nand recycling facilities, plants and facilities for compacting,\ncomposting or pyrolization of solid wastes, incinerators, and other\nsolid waste disposal, reduction or conversion facilities and resource\nrecovery equipment and disposal equipment as defined in subdivisions\nfour and five of section 51-0903 of the environmental conservation law.\nAny such facility producing either electricity or shaft horsepower and\nuseful thermal energy shall constitute a co-generation facility as\ndefined in subdivision two-a of section two of the public service law.\n  17. "State" means the state of New York.\n  18. "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
N.Y. PBA Law § 2053-F — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-F
Certain county rights
Status: in_force

§ 2053-f. Certain county rights. The authority shall not (1) acquire\nor lease any interest in real property, or (2) accept or permit the\nacceptance at facilities owned or under contract with the authority of\nsolid waste originating outside the county, unless (i) at least\nforty-five days prior notice of the acquisition or lease of any interest\nin real property by the authority or any such acceptance of solid waste\noriginating outside the county shall have been given to the county\nlegislature, and (ii) no objection, by resolution of the county\nlegislature, shall have been made and delivered to the agency within\nsuch forty-five days.\n
N.Y. PBA Law § 2047-N — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-N
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2047-n. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the agency and the carrying out\nof its corporate purposes is in all respects for the benefit of the\npeople of the county and the state and is a public purpose and the\nagency shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes or assessments upon any property owned by it\nor under its jurisdiction, control or supervision or upon its\nactivities, or any filing, recording or transfer fees or taxes in\nrelation to instruments filed, recorded or transferred by it or on its\nbehalf. The construction, use, occupation or possession of any property\nowned by the agency or the county, including improvements thereon, by\nany person or public corporation under a lease, lease and sublease or\nany other agreement shall not operate to abrogate or limit the foregoing\nexemption, notwithstanding that the lessee, user, occupant or person in\npossession shall claim ownership for federal income tax purposes. The\nagency shall be deemed a public authority for the purposes of section\nfour hundred twelve of the real property tax law.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the agency shall be exempt from\ntaxes, except for transfer and estate taxes. The state hereby convenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds issued by the agency pursuant to this title, in consideration of\nthe acceptance of any payment for the bonds, that the bonds of the\nagency issued pursuant to this title and the income therefrom and all\nrevenues, moneys, and other property pledged to secure the payment of\nsuch bonds shall at all times be free from taxation, except for transfer\nand estate taxes.\n
N.Y. PBA Law § 2050-R — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-R
Audit and annual report
Status: in_force

§ 2050-r. Audit and annual report. In conformity with the provisions\nof section five of article ten of the state constitution, the accounts\nof the agency shall be subject to the supervision of the state\ncomptroller. The agency shall annually submit to the governor and state\ncomptroller and to the state legislature a detailed report pursuant to\nthe provisions of section two thousand five hundred of title one of\narticle nine of this chapter, and a copy of such report shall be filed\nwith the chairman of the county legislature. The agency shall comply\nwith the provisions of sections two thousand five hundred one, two\nthousand five hundred two and two thousand five hundred three of title\none of article nine of this chapter.\n
N.Y. PBA Law § 2053-V — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-V
Contracts with municipalities; powers of municipalities
Status: in_force

§ 2053-v. Contracts with municipalities; powers of municipalities. 1.\nThe county and one or more municipalities within the county, or the\nauthority and the county, shall have power to contract from time to time\nbetween or among themselves, or among themselves and with the authority,\nin relation to the receiving, transporting, storage, processing,\ntreatment or disposal of solid waste or for the purchase or use of any\nmaterials, energy, byproducts or residue generated by or resulting from\nthe operation of any solid waste management facility.  Any such contract\nto which the authority, the county and any municipality within the\ncounty are parties may include provisions stipulating the maximum rates,\nrentals, fees and other charges to be collected for the use or\navailability of facilities. Any contract to which the authority, the\ncounty and any municipality within the county are parties may include\nprovisions (i) requiring the periodic delivery to the particular\nfacilities of minimum amounts of solid waste and providing for specified\nminimum period payments whether or not such delivery is made, or (ii)\nrequiring the county and any municipality within the county to pay,\nwithin appropriations available therefor, such amounts as shall be\nnecessary to assure the continued operation and solvency of the\nauthority, such payments to be determined and paid in such manner and at\nsuch times as may be provided in such contract or contracts.\n  2. In recognition of existing state policy, as declared in title one\nof article twenty-seven of the environmental conservation law, the\nlegislature hereby affirms that the basic responsibility for the\nplanning and operation of solid waste management facilities remains with\nlocal governments; and further recognizes the county's role as planning\nunit under section 27-0107 of the environmental conservation law. To\nfurther the governmental and public purposes of the authority, including\nthe implementation of any contract or proposed contract contemplated by\nthis title, and in recognition of the public policy of the state in the\narea of the control and management of solid waste and solid waste\ndisposal activities to displace competition with regulation or monopoly\npublic control, the county and all other municipalities within the\ncounty shall have the power to adopt and amend local laws, ordinances\nand regulations imposing appropriate and reasonable limitations on\ncompetition with respect to collecting, receiving, transporting,\ndelivering, storing, processing, treating and disposing of solid waste\nor 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 the county shall take precedence over and shall\nsupersede any inconsistent provisions of any such local law enacted by a\nmunicipality with the county. Any such local law shall be adopted in\naccordance with the procedure provided by the municipal home rule law,\nexcept that no such local law shall be subject to either mandatory or\npermissive referendum. Any such local law may include provisions for the\nenforcement thereof and penalties for the violation thereof, which may\nprovide, but shall not be limited to providing, that any violation of a\nlocal law may be punished by civil penalty, fine or other monetary\ncharge, and/or, the suspension or revocation of permits or licenses\ngranted by any other jurisdiction with respect to the collecting,\nreceiving, transporting, delivery or storing of solid waste. For the\npurposes of this section, solid waste shall have the same meaning as\ndefined in section two thousand fifty-three-b of this title. Upon the\nadoption of any local law, ordinance or regulation pursuant to this\nsection, the county or municipality shall file with the commissioner of\nthe department of environmental conservation a verified copy of such\nlocal law, ordinance or regulation; provided, however, that failure to\nso file such a local law, ordinance or regulation shall not invalidate\nsuch local law, ordinance or regulation. The foregoing provisions of\nthis subdivision shall not be construed to limit, alter or abridge the\npowers granted to the county under the provisions of chapter five\nhundred sixty-nine of the laws of nineteen hundred ninety-one, as\namended.\n  3. The county is hereby authorized to resell or otherwise dispose of\nall or any part of the materials, energy, by-products or residue\npurchased from the authority pursuant to subdivision one of this\nsection. Any resale or other disposition may be made in such manner as\nthe county may deem proper and upon such terms and conditions as may be\nagreed upon by the parties thereto.\n  4. The county and all other municipalities within the county shall\nhave power to perform such other acts, to enter into such other\ncontracts, including contracts between or among themselves, execute such\ninstruments and to undertake such future proceedings as shall be\ndetermined necessary or desirable to effectuate the purpose of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe authority.\n  5. Except as otherwise provided by section one hundred twenty-w of the\ngeneral municipal law, any contract entered into by a municipality\npursuant to this section may be for such term or duration, not to exceed\nthirty years, as may be agreed upon by the parties thereto.\n  6. Any contract entered into pursuant to this section to which the\nauthority shall be a party may be pledged by the authority as security\nfor any issue of bonds, and may be assigned, in whole or in part, by the\nauthority to any public corporation or person which shall construct,\npurchase, lease or otherwise acquire any solid waste management\nfacility, or part thereof, financed in whole or in part by the\nauthority.\n
N.Y. PBA Law § 2041-U — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-U
Solid waste reserve fund
Status: in_force

§ 2041-u. Solid waste reserve fund. The legislative body of each\nparticipating county may establish a special fund, to be known as the\nsolid waste reserve fund of that county. There shall be credited to such\nreserve fund all amounts paid to the participating county and\nspecifically designated by the payor for deposit in such reserve fund,\ntogether with such county moneys as may be appropriated thereto from\ntime to time. Moneys in such reserve funds may be appropriated only for\nthe purpose of paying amounts due from the county under the terms of any\ncontract entered into pursuant to this title, for which an insufficient\nor no provision has otherwise been made, except that upon the adoption\nof a resolution by at least a two-thirds vote of the voting strength of\nthe participating county's legislative body, all or any portion of the\nmoneys in such reserve fund may be transferred to any other reserve fund\nestablished by the county pursuant to the general municipal law. To the\nextent not inconsistent with the provisions of this section, the\nmanagement of such reserve fund and the investment of moneys therein\nshall be subject to the provisions of section six-h of the general\nmunicipal law.\n
N.Y. PBA Law § 2051-S — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-S
Limited liability
Status: in_force

§ 2051-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 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
N.Y. PBA Law § 2051-J — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-J
State, county and municipalities not liable on bonds
Status: in_force

§ 2051-j. State, county and municipalities not liable on bonds.\nNeither the state, county nor any other municipality or public\ncorporation shall be liable on the bonds of the authority and such bonds\nshall not be a debt of the state, county or any other municipality or\npublic corporation, and such bonds shall contain, on the face thereof, a\nstatement to such effect.\n
N.Y. RSS Law § 416 — New York Code / Act RSS / Article 8 / Title 13 / Section 416
Separability clause
Status: in_force

§ 416. Separability clause.  If any clause, sentence, paragraph,\nsection or part of this article shall be adjudged by any court of\ncompetent jurisdiction, to be invalid or unconstitutional, such judgment\nshall not affect, impair or invalidate the remainder thereof, but shall\nbe confined in its operation to the clause, sentence, paragraph, section\nor part thereof directly involved in the controversy in which such\njudgment shall have been rendered.\n
N.Y. PBA Law § 2041-X — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-X
Separability
Status: in_force

§ 2041-x. Separability. If any clause, sentence, paragraph, section,\nor part of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. ENV Law § 71-1305 — New York Code / Act ENV / Article 71 / Title 13 / Section 71-1305
Offenses
Status: in_force

§ 71-1305. Offenses.\n  It shall be unlawful for any person to:\n  1. Waste oil or gas.\n  2. Violate any of the provisions of or fail to perform any duty\nimposed by article 23 of this chapter or any rule or regulation\npromulgated thereunder or any order or condition of any permit of the\ndepartment made pursuant thereto.\n  3. Abandon a mine without the approval of the department before all\naffected land has been reclaimed. A mine shall be considered as\nabandoned when mining and reclamation activities shall cease on land\naffected by mining without prior notification to the department or\nwithout describing such cessation in a mined land use plan approved by\nthe department.\n  4. Commence operations for the drilling or redrilling of a well for\noil or gas or solution mining, or an intake well, or for the storage of\noil or gas without first obtaining a permit from the department as.\n  5. Abandon any oil, gas or solution mining well, or an intake well, or\na well for the storage of oil or gas without first obtaining a permit\nfrom the department.\n  6. Store gas underground in any manner, unless the storage operator\nhas received such right by grant, lease or other agreement or is\noperating in compliance with section 23-1301 of this chapter and is\nauthorized to maintain condemnation proceedings pursuant to section\n23-1303 of this chapter.\n
N.Y. ENV Law § 24-1303 — New York Code / Act ENV / Article 24 / Title 13 / Section 24-1303
Severability
Status: in_force

§ 24-1303. Severability.\n  The provisions of this article shall be severable, and if any clause,\nsentence, paragraph, subdivision or part of this article shall be\nadjudged by any court of competent jurisdiction to be invalid, such\njudgment shall not affect, impair or invalidate the remainder thereof\nbut shall be confined in its operation to the clause, sentence,\nparagraph, subdivision or part thereof directly involved in the\ncontroversy in which such judgment shall have been rendered.\n
N.Y. GOB Law § 5-1301 — New York Code / Act GOB / Article 5 / Title 13 / Section 5-1301
How interest calculated
Status: in_force

§ 5-1301. How interest calculated. Whenever, in any statute, act,\ndeed, written or verbal contract, or in any public or private instrument\nwhatever, any certain rate of interest is or shall be mentioned, and no\nperiod of time is stated for which such rate is to be calculated,\ninterest shall be calculated at the rate mentioned, by the year, in the\nsame manner as if the words "per annum" or "by the year" had been added\nto such rate.\n
N.Y. PBA Law § 2053-M — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-M
Moneys of the authority
Status: in_force

§ 2053-m. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in interest bearing accounts in a bank\nor banks in the state designated by the governing body. The moneys in\nsuch accounts shall be paid out on check of the treasurer, upon\nrequisition by the governing body or of such other person or persons as\nthe governing body may authorize to make such requisitions. All deposits\nof such moneys shall be secured by obligations of the United States, the\nstate or the county of a market value equal at all times to the amount\non deposit and all banks and trust companies are authorized to give such\nsecurity for such deposits. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds, as to the custody, collection, security,\ninvestment and payment of any moneys of the authority or any moneys held\nin trust or otherwise for the payment of bonds or in any way to secure\nbonds, and to carry out any such contract notwithstanding that such\ncontract may be inconsistent with the provisions of this section.\nMoneys held in trust or otherwise for the payment of bonds, or in any\nways to secure bonds, and deposits of such moneys may be secured in the\nsame manner as moneys of the authority and all banks and trust companies\nare authorized to give such security for such deposits. Any moneys of\nthe authority not required for immediate use or disbursement may, at the\ndiscretion of the authority, be invested in those obligations specified\npursuant to the provisions of section ninety-eight-a of the state\nfinance law, as amended from time to time. Subject to the provisions of\nany contract with bondholders and with the approval of the comptroller,\nthe authority shall prescribe a system of accounts.\n
N.Y. PBA Law § 2046-B — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-B
Definitions
Status: in_force

§ 2046-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Agency" shall mean the public benefit corporation created by\nsection two thousand forty-six-c of this title and shall be deemed a\npublic authority.\n  2. "Bonds and notes" shall mean the bonds, notes or other obligations\nissued by the agency pursuant to this title and the provisions of this\ntitle relating to bonds and bondholders shall apply with equal force and\neffect to notes and noteholders, respectively, unless the context\notherwise clearly requires.\n  3. "Construction" shall mean the erection, building, acquisition,\nalteration, reconstruction, improvement, enlargement or extension of a\nsolid waste management-resource recovery facility; the inspection and\nsupervision thereof; and the engineering, architectural, legal, fiscal\nand economic investigations and studies, surveys, designs, plans,\nworking drawings, specifications, procedures and other actions\nincidental thereto.\n  4. "Cost", as applied to any project, shall include the cost of\nacquisition of any project, the cost of construction of the project, the\ncost of acquisition of all property, including real property and other\nproperty, both real and personal and improved and unimproved, the cost\nof demolishing, removing or relocating any buildings or structures on\nland so acquired, including the cost of acquiring any land to which such\nbuildings 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 or\nnote insurance, other expenses necessary or incidental to the\nconstruction of such project and the financing of the construction\nthereof, including the amount authorized in the resolution of the agency\nproviding for the issuance of bonds or notes to be paid into any reserve\nor other special fund from the proceeds of such bonds or notes and the\nfinancing of the placing of any project in operation, including\nreimbursement to the town for expenditures made with the prior approval\nof the agency, that would be costs of the project hereunder had they\nbeen made directly by the agency.\n  5. "Governing body" shall mean the directors of the agency.\n  6. "Municipality" shall mean any county, city, town, village, school\ndistrict, fire district or a county or town acting on behalf of an\nimprovement district.\n  7. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n  8. "Project" shall mean any solid waste management-resource recovery\nfacility, the planning, financing, construction, operation or\nmaintenance of which is authorized to be undertaken, in whole or in\npart, by the agency pursuant to this title, including any real property\nrequired in connection therewith.\n  9. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute, but also any and all lesser\ninterests including, but not limited to, easements, rights of way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  10. "Revenues" shall mean all rates, fees, rents, charges and other\nincome derived by the agency from its operations.\n  11. "Resource recovery" shall mean the separation, extraction and\nrecovery of usable materials, energy or heat from solid waste through\nsource separation, recycling centers or other programs, projects or\nfacilities.\n  12. "Solid waste" shall mean 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, including but not\nlimited to garbage, refuse, industrial and commercial 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, source, special nuclear or by-product\nmaterial within the meaning of the Atomic Energy Act of nineteen hundred\nfifty-four, as amended, and waste which appears on the list of hazardous\nwaste promulgated by the commissioner of environmental conservation\npursuant to section 27-0903 of the environmental conservation law.\n  13. "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 to be used, occupied or employed beyond the initial\nsolid waste collection process for the receiving, transporting, storage,\nprocessing or disposal of solid waste or the recovery by any means of\nany material or energy product or resource therefrom including but not\nlimited to recycling centers, transfer stations, baling facilities, rail\nhaul or maritime facilities, processing systems, resource recovery\nfacilities, steam and electric generating facilities, including\nauxiliary facilities to supplement or temporarily replace such\ngenerating facilities, steam distribution facilities, sanitary\nlandfills, plants and facilities for compacting, composting or\npyrolyzation of solid wastes, incinerators, and other solid waste\ndisposal, 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.\n  14. "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  15. "State" shall mean the state of New York.\n  16. "Town" shall mean the town of Islip.\n  17. "Town board" shall mean the town board of the town of Islip.\n
N.Y. PBA Law § 2041-H — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-H
Remedies of bondholders
Status: in_force

§ 2041-h. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to subdivision three of section two\nthousand forty-one-g of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal or of interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nin which the principal office of the authority is located and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding,\nshall in its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates and charges adequate to\ncarry out any agreement as to, or pledge of, such rents, rates and\ncharges and to require the authority to carry out any other agreements\nwith the holders of such bonds to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch 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 in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county where the\nprincipal office of the authority is located.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\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\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith the holders of such bonds, shall take possession of all moneys and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the authority\nis under obligation to do, and operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the project.\n
N.Y. PBA Law § 2049-BB — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-BB
Definitions
Status: in_force

§ 2049-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 either or both the counties of Oneida and\nHerkimer.\n  2. "Authority" means the public benefit corporation created by section\ntwo thousand forty-nine-cc of this title, known as the Oneida-Herkimer\nsolid 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 counties, any municipality,\nstate agency, the state, the United States government or any other\nperson for expenditures that would be costs of the project hereunder had\nthey been made directly by the authority.\n  6. "Counties" means the counties of Oneida or Herkimer, or Oneida and\nHerkimer individually, as shall be determined by the usage of such terms\nin this title.\n  7. "Governing body" means the members of the authority constituting\nand acting as the governing body of the authority.\n  8. "Legislative body" or "legislative bodies" means either or both of\nthe county legislatures of the counties of Oneida and Herkimer.\n  9. "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  10. "Person" means any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n  11. "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  12. "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  13. "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  14. "Revenues" means all rates, fees, rents, charges and other income\nderived by the authority from its operation.\n  15. "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  16. "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, and other solid\nwaste disposal, reduction or conversion facilities and resource recovery\nequipment, source separation equipment and disposal equipment as defined\nin subdivisions four and five of section 51-0903 of the environmental\nconservation law. Any such facility producing either electricity or\nshaft horsepower and useful thermal energy shall constitute a\nco-generation facility as designated in subdivision two-a of section two\nof the public service law.\n  17. "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  18. "State" means the state of New York.\n
N.Y. PBA Law § 2049-DD — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-DD
Advances on behalf of authority; transfer of property to authority; acquisition of property for authority
Status: in_force

§ 2049-dd. Advances on behalf of authority; transfer of property to\nauthority; acquisition of property for authority. 1. In addition to any\npowers granted to it by law, the legislative body of the counties may,\nfrom time to time, appropriate by resolution sums of money to defray\nproject costs or any other costs and expenses of the authority. Subject\nto the rights of bondholders, each such legislative body may determine\nif the moneys so appropriated shall be subject to repayment by the\nauthority to any such county and, in such event, the manner and time or\ntimes for such repayment.\n  2. The counties or any other municipality within the area of\noperation, may give, grant, sell, convey, loan, license the use of or\nlease to the authority any property or facility which is useful in\nconnection with the exercise by the authority of its powers under this\ntitle. Any such gift, grant, sale, conveyance, loan, license or lease\nshall be for such consideration, be upon such terms and conditions,\nsubject to the rights of the holders of any bonds, as the authority and\nsuch county or other municipality may agree. Any such gifts, grant,\nsale, conveyance, loan or license shall not be subject to referendum,\npermissive or mandatory. The authority, in furtherance of any purchase,\nconveyance or lease of any property or facility from any county or other\nmunicipality, may assume the primary responsibility for the payment of\nthe principal and interest on any bonds or notes issued by such county\nor other municipality for such property or facility. For purposes of\nsection 136.00 of the local finance law, any agreement by the authority\nto assume the primary responsibility for the payment of the principal\nand interest on any bonds or notes issued by any such county or other\nmunicipality shall, so long as such agreement shall continue to be\nhonored by the authority, cause such bonds or notes to be deemed to have\nbeen refunded and any such county or other municipality may deduct from\nits gross indebtedness any outstanding indebtedness contracted for such\nproperty or facility to be acquired by the authority.\n  3. The counties may acquire by purchase or condemnation real property\nin the name of such counties or county for any corporate purpose of the\nauthority.\n  4. Notwithstanding the provisions of any other law, general, special\nor local, real property acquired by the authority or the counties from\nthe state may be used for any corporate purpose of the authority.\n
N.Y. PBA Law § 2046-S — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-S
Contracts
Status: in_force

§ 2046-s. Contracts. All contracts or orders, for work, material or\nsupplies performed or furnished in connection with construction, shall\nbe awarded by the agency pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, may be\nmade in compliance with paragraph (e) of subdivision four and\nsubdivision seven of section one hundred twenty-w of the general\nmunicipal law. In any construction contract, the agency may provide a\nprogram for the payment of damages for delays and incentive awards in\norder to encourage timely project completion. An action, suit or\nproceeding contesting the validity of a contract awarded pursuant to\nthis section, or the validity of the procedures relating to such award,\nshall be governed by the provisions of subdivision six of section one\nhundred twenty-w of the general municipal law and the term\n"municipality" as used in such subdivision six shall mean the agency.\n  The bidder whose bid is accepted shall give security for the faithful\nperformance of the contract, and such other security as the agency may\nrequire, and may be required to maintain any construction done under the\ncontract for such period as shall be stipulated, all in the manner\nprescribed and required by the agency and the sufficiency of such\nsecurity shall, in addition to the justification and acknowledgment, be\napproved by the agency. All bids or proposals shall be publicly opened\nby the governing body or its duly authorized agent. If the bidder whose\nbid or proposal has been accepted shall neglect or refuse to accept the\ncontract within five days after written notice that the contract has\nbeen awarded to him on his bid or proposal, or, if he accepts but does\nnot execute the contract and give proper security, the agency shall have\nthe right to declare his security forfeited. In case any work shall be\nabandoned by any contractor, the agency may, if it determines that the\npublic interest is thereby served, adopt on behalf of the agency any or\nall subcontracts made by such contractor for such work and all such\nsubcontractors shall be bound by such adoption if made. No bid or\nproposal shall be accepted from or any contract awarded to, any person\nor corporation which is in arrears to the agency or the town upon any\nobligation of the agency or of the town. Every contract involving an\nexpenditure of more than five thousand dollars when made and entered\ninto as herein provided for shall be executed in duplicate, one copy of\nwhich shall be held by the agency and one copy of which shall be\ndelivered to the contractor. The agency may adopt, utilize, ratify and\nconfirm any request for proposals, invitation for sealed bids, plans,\nspecifications and notices heretofore or hereafter published by the town\nwith respect to any proposed project, and the agency may adopt, utilize,\naccept and confirm any bids or proposals submitted to the town and\nheretofore or hereafter received and publicly opened by the town. The\nprovisions of this section shall supersede any inconsistent provisions\nof the general municipal law, any other general, special or local law.\nThe agency shall be deemed an authority for the purpose of section\ntwenty-six hundred four of this chapter.\n
N.Y. PBA Law § 2050-O — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-O
Actions against agency
Status: in_force

§ 2050-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. Actions to recover damages\nfor personal injury or injury to property caused by the latent effects\nof exposure to any substance or combination of substances, in any form,\nupon or within the body or upon or within property shall be governed by\nsection two hundred fourteen-c of the civil practice law and rules.\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 three-a of the general municipal law.\nInterest on payments of principal or interest on any bonds in default\nshall accrue at the rate borne by such bonds from the due date thereof\nuntil paid or otherwise satisfied.\n
N.Y. PBA Law § 2050-G — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-G
Transfer of officers and employees
Status: in_force

§ 2050-g. Transfer of officers and employees. Any officer or employee\nof the county or a municipality under civil service, selected by the\nagency may, with the consent of the chairman of the county legislature,\nbe transferred to the agency and shall be eligible for such transfer and\nappointment, without examination, to applicable offices, positions and\nemployment under the agency. The salary or compensation of any officer\nor employee, after such transfer, shall be paid by the agency.  Any such\nofficers or employees so transferred to the agency pursuant to this\nsection, who are members of or benefit under any existing pension or\nretirement fund or system, shall continue to have all rights,\nprivileges, obligations and status with respect to such fund or system\nas are now prescribed by law, but during the period of their employment\nby the agency, all contributions to such funds or system to be paid by\nthe employer on account of such officers or employees shall be paid by\nthe agency. All such officers or employees so transferred to the agency\nwho have been appointed to positions under the rules and classifications\nof the personnel officer of the county shall have the same status with\nrespect thereto after transfer to the agency as they had under their\noriginal appointment.\n
N.Y. ENV Law § 24-1305 — New York Code / Act ENV / Article 24 / Title 13 / Section 24-1305
Applicability
Status: in_force

§ 24-1305. Applicability.\n  The provisions of this article shall not apply to any land use,\nimprovement or development for which final approval shall have been\nobtained prior to the effective date of this article from the local\ngovernmental authority or authorities having jurisdiction over such land\nuse. As used in this section, the term "final approval" shall mean the\nissuance of a building permit or other authorization for the\ncommencement of the use, improvement or development for which such\npermit or authorization was issued or in those local governments which\ndo not require such permits or authorizations, the actual commencement\nof the use, improvement or development of the land.\n
N.Y. PBA Law § 2049-MM — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-MM
Agreement with the state
Status: in_force

§ 2049-mm. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title that the state will not alter or limit the rights hereby\nvested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, increase, enlarge, extend, reconstruct,\nrenovate, rehabilitate or dispose of any project, or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any agreement made with or for\nthe benefit of the holders of bonds or with any public corporation or\nperson with reference to such project or part thereof, or in any way\nimpair the rights and remedies of bondholders, until the bonds, together\nwith the interest thereon, including interest on any unpaid installments\nof interest, and all costs and expenses in connection with any action or\nproceeding by or on behalf of such holders, are fully met and\ndischarged; provided, however, that this section shall not be construed\nto limit in any manner the ability of the state to alter, amend, or\nenforce laws or regulations to protect public health and the\nenvironment. The authority is authorized to include this pledge and\nagreement of the state in any agreement with bondholders.\n
N.Y. PBA Law § 2050-JJ — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-JJ
State, towns and municipalities not liable on authority bonds
Status: in_force

§ 2050-jj. State, towns and municipalities not liable on authority\nbonds. Neither the state, the towns nor any other municipality or public\ncorporation shall be liable on the bonds of the authority and such bonds\nshall not be a debt of the state, the towns or any other municipality or\npublic corporation, and such bond shall contain on the face thereof, a\nstatement to such effect.\n
N.Y. ENV Law § 54-1301 — New York Code / Act ENV / Article 54 / Title 13 / Section 54-1301
Long Island central pine barrens area planning
Status: in_force

§ 54-1301. Long Island central pine barrens area planning.\n  In order to further the purposes of article 57 of this chapter, the\ncommissioner shall provide, within amounts appropriated from the\nenvironmental protection fund, state assistance payments for the\npreparation of the comprehensive central pine barrens land use plan\npursuant to section 57-0121 of this chapter. State assistance payments\nmay be made to the central pine barrens joint planning and policy\ncommission established in article 57 of this chapter for all eligible\ncosts incurred after April first, nineteen hundred ninety-three. No\nmonies shall be expended for Long Island central pine barrens area\nplanning except pursuant to an appropriation therefor.\n
N.Y. PBA Law § 2053-Y — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-Y
Separability
Status: in_force

§ 2053-y. Separability. If any section, clause or provision in this\ntitle shall be held by a competent court to be unconstitutional or\nineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective, and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n
N.Y. PBA Law § 2050-VV — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-VV
Transfer of environmental applications, proceedings, approvals and permits
Status: in_force

§ 2050-vv. Transfer of environmental applications, proceedings,\napprovals and permits. Any application in relation to the purposes of or\ncontemplated by this title or any proceeding commenced by any\nparticipating municipality with the state department of environmental\nconservation, the department of transportation or any other state agency\nor instrumentality or with the United States environmental protection\nagency or any other federal agency or instrumentality shall inure to and\nfor the benefit of the authority to the same extent and in the same\nmanner as if the authority has been a party to such application or\nproceeding and the authority shall be deemed a party thereto, to the\nextent not prohibited by any federal law. Any license, approval, permit\nor decision issued or granted pursuant to or as a result of any such\napplication or proceeding shall inure to the benefit of and be binding\nupon the authority and shall be assigned and transferred by the\nparticipating municipality to the authority, unless such assignment and\ntransfer is prohibited by federal law.\n
N.Y. PBA Law § 2047-M — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-M
Agreement with the state
Status: in_force

§ 2047-m. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the agency pursuant to\nthis title that the state will not alter or limit the rights hereby\nvested in the agency to purchase, construct, maintain, operate, repair,\nimprove, increase, enlarge, extend, reconstruct, renovate, rehabilitate\nor dispose of any project, or any part or parts thereof, for which bonds\nof the agency shall have been issued, to establish and collect rates,\nrents, fees and other charges referred to in this title, to fulfill the\nterms of any agreement made with or for the benefit of the holders of\nbonds or with any public corporation or person with reference to such\nproject or part thereof, or in any way impair the rights and remedies of\nbondholders, until the bonds, together with the interest thereon, with\ninterest on any unpaid installments of interest, and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nsuch holders, are fully met and discharged. The agency is authorized to\ninclude this pledge and agreement of the state in any agreement with\nbondholders.\n
N.Y. PBA Law § 2050-QQ — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-QQ
Interest in contracts prohibited
Status: in_force

§ 2050-qq. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the authority to be in any way of manner interested,\ndirectly or indirectly, in the furnishing of work, materials, supplies\nor labor, or in any contract therefor which the authority is empowered\nby this title to make.\n
N.Y. PBA Law § 2049-II — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-II
Remedies of bondholders
Status: in_force

§ 2049-ii. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to subdivision three of section two\nthousand forty-nine-hh of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal or of interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in the aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nin which the principal office of the authority is located and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may, and upon written request of the holder of\ntwenty-five per centum in principal amount of such bonds outstanding,\nshall in his or its own name:\n  (a) By action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates and charges adequate to\ncarry out any agreement as to, or pledge of, such rents, rates and\ncharges and to require the authority to carry out any other agreements\nwith the holders of such bonds to perform its duties under this title;\n  (b) Bring an action or proceeding upon such bonds;\n  (c) By action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) By action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) Declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch 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 in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county where the\nprincipal office of the authority is located.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\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\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith holders of such bonds, shall take possession of all moneys and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the authority\nis under obligation to do, and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom, subject to any pledge thereof or agreement\nwith bondholders relating thereto, and perform the public duties and\ncarry out the agreements and obligations of the authority under the\ndirection of the court. In any suit, action or proceeding by the\ntrustee, the fees, counsel fees and expenses of the trustee and of the\nreceiver, if any, shall constitute taxable disbursements and all costs\nand disbursements allowed by the court shall be a first charge on any\nrevenues derived from the project.\n
N.Y. RSS Law § 413 — New York Code / Act RSS / Article 8 / Title 13 / Section 413
Limitation of other statutes
Status: in_force

§ 413. Limitation of other statutes. a. No other provision of law in\nany other statute which provides wholly or partly at the expense of the\nstate or of a participating employer for pensions, retirement benefits,\nemoluments or awards for employees in police or fire service, their\nwidows or widowers or other dependents, shall apply to members or\nbeneficiaries of the police and fire retirement system established by\nthis article, their widows, widowers or other dependents.\n  b. This article shall not:\n  1. Prevent a person whose salary is paid from two or more sources,\neach entitling him to membership in a retirement system, from being a\nmember in all such systems, or\n  2. Supersede or make inoperative the provisions of section two hundred\ntwenty-seven of the executive law in so far as they apply to an officer\nor employee in the division of state police of the executive department\nwho is a member of the retirement system.\n  3. Prevent the extension of old-age and survivors insurance coverage\nto members of the police and fire retirement system or the receipt of\nbenefits therefrom by such members, their wives or husbands or widows or\nwidowers or their other dependents.\n  4. Prevent a member of the police and fire retirement system whose\nmembership is authorized by paragraph nine of subdivision c of section\nthree hundred forty of this article, from receiving, upon his or her\nsubsequent retirement from the police and fire retirement system,\nbenefits based on service not included in that upon which his or her\nretirement or pension from another pension or retirement system is or\nwould be based.\n  5. Prevent payment of a survivor's benefit, pursuant to section one\nhundred fifty-four of the civil service law, on account of the death of\na member of the retirement system.\n  c. The provisions of this article shall be operative, notwithstanding\nany contrary provision of law.\n
N.Y. PBA Law § 2051-A — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-A
Short title
Status: in_force

§ 2051-a. Short title. This title shall be known and may be cited as\nthe "County of Franklin Solid Waste Management Authority Act."\n
N.Y. PBA Law § 2050-MM — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-MM
Agreement with the state
Status: in_force

§ 2050-mm. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title that the state will not alter or limit the rights hereby\nvested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, increase, enlarge, extend, reconstruct,\nrenovate, rehabilitate or dispose of any project, or any part or parts\nthereof, for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any agreement made with or for\nthe benefit of the holders of bonds or with any public corporation or\nperson with reference to such project or part thereof, or in any way\nimpair the rights and remedies of bondholders, until the bonds, together\nwith the interest thereon, including interest on any unpaid installments\nof interest, and all costs and expenses in connection with any action or\nproceeding by or on behalf of such holders, are fully met and\ndischarged; provided, however, that this section shall not be construed\nto limit in any manner the ability of the state to alter, amend, or\nenforce laws or regulations to protect public health and the\nenvironment. The authority is authorized to include this pledge and\nagreement of the state in any agreement with bondholders.\n
N.Y. PBA Law § 2031 — New York Code / Act PBA / Article 8 / Title 13 / Section 2031
Remedies of bondholders
Status: in_force

§ 2031. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of Onondaga and proved or acknowledged\nin the same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (a) by mandamus or other suit, action or proceeding at law or in\nequity enforce all rights of the bondholders, including the right to\nrequire the authority to collect revenues, rates, rentals, fees and\nother charges adequate to carry out any agreement as to, or pledge of\nsuch revenues, rates, rentals, fees and other charges and to require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders.\n  4. Before declaring the principal of all such bonds due and payable\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. 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 of such issue and such receiver may enter and take possession of\nsuch part or parts of the properties and subject to any pledge or\nagreement with bonders shall take possession of all moneys and other\nproperty derived from such part or parts of the properties and proceed\nwith any construction thereon or the acquisition of any property, real\nor personal in connection therewith which the authority is under\nobligation to do, and to operate, maintain and reconstruct such part or\nparts of the properties and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the properties.\n  6. Such trustees shall in addition to the foregoing have and possess\nall of the powers necessary or appopriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n
N.Y. PBA Law § 2041-I — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-I
State, county and municipalities not liable on authority bonds
Status: in_force

§ 2041-i. State, county and municipalities not liable on authority\nbonds. Neither the state, the participating counties nor any other\nmunicipality or public corporation shall be liable on the bonds of the\nauthority and such bonds shall not be a debt of the state, the\nparticipating counties or any other municipality or public corporation,\nand such bonds shall contain on the face thereof a statement to such\neffect.\n
N.Y. ENV Law § 9-1301 — New York Code / Act ENV / Article 9 / Title 13 / Section 9-1301
White pine blister rust and currant rust
Status: in_force

§ 9-1301. White pine blister rust and currant rust.\n  For the purpose of suppressing and controlling white pine blister rust\nand currant rust (Cronartium ribicola), the following provisions shall\napply:\n  1. Certain cultivars of black currant declared a public nuisance.\nUnless otherwise provided for by this section, the planting, growing,\npropagating, cultivating, or selling plants, roots, or cuttings of any\nspecies of cultivated black currants (Ribes nigrum) other than cultivars\nthat are immune or resistant to white pine blister rust or currant rust\nis hereby prohibited in this state; provided, however, that the\nplanting, growing, propagating, cultivating, or selling plants, roots or\ncuttings of any species of cultivated black currants is authorized in\nall fruiting currant districts or potentially fruiting currant\ndistricts. Such unauthorized bushes, roots, cuttings, or plants may be\ndestroyed by the agents of the department.\n  2. Fruiting currant districts and potential fruiting currant districts\ndefined. Districts where the growing of all species of currants,\nincluding black currants, for the production of fruit is carried on and\nis a commercial enterprise or a potentially important commercial\nenterprise shall be determined and designated as "fruiting currant\ndistricts" or "potential fruiting currant districts", and in such\ndistricts the provisions of subdivision three of this section shall\napply. The location and extent of such districts shall be determined by\nthe department and the state department of agriculture and markets.\n  3. No measures for the control of white pine blister rust shall be\nundertaken by the department within the boundaries of designated\nfruiting currant districts or potential fruiting currant districts.\n  4. Control measures outside of fruiting currant districts or potential\nfruiting currant districts. Whenever such action is desirable as a means\nof controlling white pine blister rust or currant rust, the department\nor its duly authorized agents may eradicate any unauthorized plants of\nthe genus Ribes (currants and gooseberries), either wild or cultivated,\nexcept within nurseries which are annually certified by the state\ndepartment of agriculture and markets to be free from disease. Owners\nshall remove from their lands, subject to the direction and the approval\nof the duly authorized agents of the department, the plants of the genus\nRibes within a distance of not more than 900 feet of the white pine on\nthe land of adjoining owners who have protected their white pine from\nwhite pine blister rust. If any owner, upon not less than thirty days'\nnotice in writing, fails to destroy unauthorized Ribes on his or her\nproperty as provided in this subdivision, the commissioner may cause\nsuch plants to be destroyed, and the expense of such work shall be a\ncharge against the owner, which shall constitute a lien upon the land.\n  5. Quarantine regulations. The department shall have the authority, by\norder, to establish quarantine districts in any part or parts of the\nstate. In such districts, it may prohibit the possession of any\nfive-leafed pine trees or plants of the genus Ribes (currants and\ngooseberries), or so much thereof as is deemed necessary. It may also\nprohibit the transportation of any plants, roots, or cuttings of the\ngenus Ribes (currants and gooseberries) from or to any quarantine\ndistrict within the state, or from any diseased area or locality in\nwhich the disease exists outside of the state to any point within the\nstate. Such prohibitions shall be effective on and after the tenth day\nfrom the date of the order made with respect thereto. On the making of\nsuch order, the department shall cause a certified copy of the same to\nbe filed in the office of the clerk of each county affected by such\nquarantine and shall give such other notice thereof as it may deem\nnecessary. The provisions of this subdivision shall not apply to\nundiseased cultivated plants or to the fruit of diseased plants of the\ngenus Ribes (currants and gooseberries) included within fruiting currant\ndistricts or potential fruiting currant districts or to the merchantable\ncontents of any pine trees; provided that any diseased part thereof is\nfirst destroyed.\n  6. Diseased trees or plants defined. A plant of the genus Ribes which\nis visibly infected by Cronartium ribicola or any five-leafed pines upon\nwhich white pine blister rust has been found growing shall be construed\nto be and be, within the meaning of this section only, a diseased plant,\nand, as such, may be destroyed without compensation under the provisions\nof this section.\n  7. Authority to eradicate and compensation. Agents or employees of the\ndepartment may enter upon any land to carry out the provisions of this\nsection if proper precautionary measures are taken by them to prevent\nthe spread of this disease, and no action for trespass shall lie\ntherefor. Fair compensation shall be allowed for all undiseased trees or\nundiseased cultivated Ribes destroyed, except for prohibited varieties\nof cultivated black currants (Ribes nigrum) located outside of a\nfruiting currant district or potential fruiting currant district. No\ncompensation shall be paid by the state for any species of Ribes\ndestroyed in connection with the establishment of a Ribes-free zone\naround commercial nurseries, but fair compensation for such Ribes must\nbe paid by the person owning or operating the nursery protected by such\ndestruction of bushes. The rate of fair compensation shall be determined\nby the commissioner of agriculture and markets or a committee appointed\nby him or her. If the commissioner of agriculture and markets determines\nto appoint a committee for the purpose of making such determination,\nsuch committee shall be appointed prior to May 1 in each year.\n
N.Y. PBA Law § 2050-A — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-A
Short title
Status: in_force

§ 2050-a. Short title. This title shall be known and may be cited as\nthe "Ulster county resource recover agency act".\n
N.Y. PBA Law § 2052-F — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-F
Governmental capacity of the authority and municipalities
Status: in_force

§ 2052-f. Governmental capacity of the authority and municipalities.\nThe authority, the county and the other municipalities, in carrying out\ntheir respective powers and duties under this title, shall be deemed to\nbe acting in a governmental capacity and in the performance of an\nessential governmental function.\n
N.Y. PBA Law § 2052-C — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-C
Oneida county sports facility authority
Status: in_force

§ 2052-c. Oneida county sports facility authority. 1. A public\ncorporation, to be known as the "Oneida county sports facility\nauthority" is hereby created for the public purposes and charged with\nthe duties and having the powers provided in this title. The authority\nshall be a body corporate and politic constituting a public benefit\ncorporation, the objects of which in the judgment of the legislature\ncannot be attained under general laws. The board of the authority shall\nconsist of a total of seven members, three of whom shall be appointed by\nthe county executive, without confirmation of the county board of\nlegislators, and four of whom shall be appointed by the county board of\nlegislators, without county executive right to veto. The first members\nappointed by the county executive shall be appointed for the following\nterms of office: one for a term ending on December thirty-first of the\nfirst year following the year in which this title shall have become law,\none for a term ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law and one for\na term ending on December thirty-first of the fifth year following the\nyear in which this title shall have become law. The first members\nappointed by the county board of legislators shall have the following\nterms of office: one for a term ending on December thirty-first of the\nfirst year following the year in which this title shall have become law,\none for a term ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law, and two\nfor a term ending on December thirty-first of the fifth year following\nthe year in which this title shall have become law. Subsequent\nappointments of members shall be made for a term of five years ending in\neach case on December thirty-first of the last year of such term. All\nmembers shall continue to hold office until their successors are\nappointed and qualify. Vacancies shall be filled in the manner provided\nfor original appointment. Vacancies, occurring otherwise than by\nexpiration of term of office, shall be filled by appointment for the\nunexpired terms. Members may be removed from office for the same reasons\nand in the same manner as may be provided by law for the removal of\nofficers of the county. The members of the authority shall receive no\ncompensation for their services, but shall be reimbursed for their\nactual and necessary expenses incurred in connection with the carrying\nout of the purposes of this title. The powers of the authority shall be\nvested in and be exercised by the board at a meeting duly called and\nheld where a quorum of four members are present. No action shall be\ntaken except pursuant to the favorable vote of at least four voting\nmembers. The board may delegate to one or more of its members, officers,\nagents or employees such powers and duties as it may deem proper.\n  2. The officers of the authority shall consist of a chairman, who\nshall be a member of the authority, and a vice-chairman and a treasurer,\nwho shall be members of the authority, and a secretary, who need not be\na member of the authority. Such officers shall be appointed by the board\nand shall serve in such capacities at the pleasure of the board. In\naddition to the secretary, the board may appoint and at pleasure remove\nsuch additional officers and employees as it may determine necessary for\nthe performance of the powers and duties of the authority and fix and\ndetermine their qualifications, duties and compensation, subject to the\nprovisions of the civil service law. The appointment and promotion of\nall employees of the authority shall be made in accordance with the\nprovisions of the civil service law and county civil service rules, and\nsuch employees shall be entitled to membership in the county pension and\nretirement system, and shall be entitled to the same rights and\nobligations thereunder as the employees of the county. The board may\nalso from time to time contract for expert professional services, and\nmay retain or employ counsel, auditors, engineers and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice. The treasurer shall execute a bond,\nconditioned upon the faithful performance of the duties of his or her\noffice, the amount and sufficiency of which shall be approved by the\nboard and the premium therefor which shall be paid by the authority.\n  3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality or any public benefit\ncorporation shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as such member, officer,\nagent or employee be deemed incompatible or in conflict with such\noffice, membership or employment and any such officer, member or\nemployee may accept such appointment and serve as a member, officer,\nagent or employee of the authority without forfeiture of any other\noffice or position of public employment by reason thereof.\n  4. (a) The county executive shall file on or before December\nthirty-first of the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by the county\nexecutive setting forth: (1) the name of the authority; (2) the names of\nthe members initially appointed and their terms of office; and (3) the\neffective date of this title. The authority shall be perpetual in\nduration, except that if such certificate is not filed with the\nsecretary of state on or before such date, then the corporate existence\nof the authority shall thereupon terminate and it shall thereupon be\ndeemed to be and shall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw. Upon termination of the existence of the authority, all of the\nrights and each project of the authority then remaining shall pass to\nand vest in the county.\n  5. It is hereby determined and declared, that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the county and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n
N.Y. ENV Law § 21-1315 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1315
Cooperative services
Status: in_force

§ 21-1315. Cooperative services.\n  Departments, agencies and officers shall provide technical and\nadministrative services to the Susquehanna river basin commission upon\nrequest within the limits of available appropriations and shall\ncooperate generally with said commission for the purposes of the\ncompact.\n
N.Y. PBA Law § 2050-L — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-L
Bonds legal investment for fiduciaries
Status: in_force

§ 2050-l. Bonds legal investment for fiduciaries. The bonds of the\nagency 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. ENV Law § 11-1303 — New York Code / Act ENV / Article 11 / Title 13 / Section 11-1303
Open seasons, size and catch limits and manner of taking fish fixed by regulation
Status: in_force

§ 11-1303. Open seasons, size and catch limits and manner of taking fish\n             fixed by regulation.\n  Notwithstanding any other provision of this chapter, the department\nmay, until December thirty-first, two thousand twenty-eight, fix by\nregulation open seasons, size and catch limits and manner of taking of\nall species of fish in all waters of the state, except marine fish named\nin subdivisions 2 and 3 of section 13-0339 of this chapter and except to\nthe extent that such open seasons, size and catch limits and manner of\ntaking are otherwise specifically provided for in article 13 of this\nchapter.\n
N.Y. PBA Law § 2041-J — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-J
Moneys of the authority
Status: in_force

§ 2041-j. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in interest-bearing accounts in a bank\nor banks in the state designated by the governing body. The moneys in\nsuch accounts shall be paid out on check of the treasurer upon\nrequisition by the governing body or of such other person or persons as\nthe governing body may authorize to make such requisitions. All deposits\nof such moneys shall be secured by obligations of the United States, the\nstate, or the participating counties, of a market value equal at all\ntimes to the amount on deposit and all banks and trust companies are\nauthorized to give such security for such deposits. The authority shall\nhave power, notwithstanding the provisions of this section, to contract\nwith the holders of any bonds as to the custody, collection, security,\ninvestment and payment of any moneys of the authority or any moneys held\nin trust or otherwise for the payment of bonds or in any way to secure\nbonds, and carry out any such contract notwithstanding that such\ncontract may be inconsistent with the provisions of this section. Moneys\nheld in trust or otherwise for the payment of bonds or in any way to\nsecure bonds and deposits of such moneys may be secured in the same\nmanner as moneys of the authority and all banks and trust companies are\nauthorized to give such security for such deposits. Any moneys of the\nauthority not required for immediate use or disbursement may, at the\ndiscretion of the authority, be invested in those obligations specified\npursuant to the provisions of section ninety-eight-a of the state\nfinance law. Subject to the provisions of any contract with bondholders\nand with the approval of the comptroller, the authority shall prescribe\na system of accounts.\n
N.Y. ENV Law § 27-1329 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1329
Abatement actions
Status: in_force

§ 27-1329. Abatement actions.\n  1. (a) Maintenance, jurisdiction, etc. When the commissioner, after\ninvestigation, determines that there may be an imminent danger to the\nhealth or welfare of the people of the state or the environment, or an\nactual or threatened release of hazardous waste from an inactive\nhazardous waste disposal site, as defined in clauses (i) and (ii),\nrespectively, of subparagraph one of paragraph b of subdivision two of\nsection 27-1305 of this title, is resulting in or is likely to result in\nirreversible or irreparable damage to natural resources, the\ncommissioner may request the attorney general to secure such relief as\nmay be necessary to abate such danger or threat and to grant such relief\nas the public interest and the equities of the case may require. The\ncommissioner may issue such orders as may be necessary to protect public\nhealth and welfare and the environment, provided the commissioner has a\nreasonable belief that persons responsible for implementing such orders\nhave adequate financial resources to comply, there is evidence\nsufficient to support liability of such person, and the department has\nmade all reasonable efforts to secure voluntary agreement of such person\nto abate the imminent danger or threat.\n  (b) Any such person may request a meeting with the department to\ndiscuss reconsideration of an order, within five business days of\nreceiving such order, if such person believes they are not liable. Such\nrequest shall include a description of the reason why such person\nbelieves they are not liable and any supporting documentation. The\ndepartment shall make all practicable efforts to hold such meeting\nwithin five business days of receiving such request and shall consider\nits evidence of such person's liability in light of any information and\ndocumentation provided.\n  (c) Any such order issued by the commissioner shall be a final\ndetermination of the department and subject to challenge pursuant to\narticle seventy-eight of the civil practice law and rules.\n  (d) No action may be taken under paragraph (a) of this subdivision\nagainst a bona fide prospective purchaser, as defined in subdivision\nfive of section 27-1323 of this title.\n  2. Fines; reimbursement. (a) Any person who, without sufficient cause,\nfails or refuses to comply with any order of the commissioner under\nsubdivision one of this section may, in an action brought in the\nappropriate court of competent jurisdiction to enforce such order, be\nfined not more than thirty-seven thousand five hundred dollars for each\nday in which such violation occurs or such failure to comply continues.\n  (b) (i) Any person who receives and complies with the terms of any\norder issued under subdivision one of this section may, within sixty\ndays after completion of the required action, petition the commissioner\nfor reimbursement from the hazardous waste remedial fund pursuant to\nsection ninety-seven-b of the state finance law for the reasonable costs\nof such action, plus interest. Any interest payable under this\nsubparagraph shall accrue on the amounts expended from the date of\nexpenditure at the same rate as specified for interest on investments of\nthe hazardous substance superfund established under subchapter A of\nchapter 98 of title 26 of the federal comprehensive environmental\nresponse, compensation, and liability act.\n  (ii) If the commissioner refuses to grant all or part of a petition\nmade under this paragraph, the petitioner may within thirty days of\nreceipt of such refusal file an action against the department pursuant\nto article seventy-eight of the civil practice law and rules.\n  (iii) Except as provided in subparagraph (iv) of this paragraph, to\nobtain reimbursement, the petitioner shall establish by a preponderance\nof the evidence that such petitioner is not liable for response costs\nunder section 27-1313 of this title and that costs for which such\npetitioner seeks reimbursement are reasonable in light of the action\nrequired by the relevant order.\n  (iv) A petitioner under subparagraph (i) of this paragraph may also\nrecover its reasonable costs of response to the extent that such\npetitioner can demonstrate, on the administrative record, that the\ncommissioner's decision in selecting the response action ordered was\narbitrary and capricious or was otherwise not in accordance with law.\nReimbursement awarded under this subparagraph shall include all\nreasonable response costs incurred by the petitioner pursuant to the\nportions of the order found to be arbitrary and capricious or otherwise\nnot in accordance with law.\n  (v) Reimbursement awarded by a court under subparagraph (iii) or (iv)\nof this paragraph may include appropriate costs, fees, and other\nexpenses in accordance with section eighty-six hundred one of the civil\npractice law and rules.\n  3. The commissioner shall provide notice of the provisions of this\nsection to known responsible persons at sites listed in clauses (i) and\n(ii) of subparagraph one of paragraph b of subdivision two of section\n27-1305 of this title, within six months of the effective date of the\nchapter of the laws of two thousand twenty-five which added this\nsection, if the commissioner intends to issue an order to such\nresponsible persons. No such orders shall be issued within a one-year\nperiod after the effective date of the chapter of the laws of two\nthousand twenty-five which added this section.\n
N.Y. PBH Law § 1389-GG — New York Code / Act PBH / Article 13 / Title 13 / Section 1389-GG
Violations of title thirteen
Status: in_force

§ 1389-gg. Violations of title thirteen.  1. Notwithstanding any other\nprovision of this chapter, any person who violates any of the provisions\nof, or who fails to perform any duty imposed by this title or any rule\nor regulation promulgated pursuant thereto, or any term or condition of\nany certificate or permit issued pursuant thereto, or any final\ndetermination or order of the commissioner made pursuant to this title\nshall be liable in the case of a first violation for a civil penalty not\nto exceed twenty-five hundred dollars and an additional penalty of not\nmore than one thousand dollars for each day during which such violation\ncontinues, to be assessed by the commissioner after an opportunity to be\nheard pursuant to the provisions of this chapter or by the court in any\naction or proceeding pursuant to this chapter, and, in addition thereto,\nsuch person may by similar process be enjoined from continuing such\nviolation and any permit or certificate issued to such person may be\nrevoked or suspended or a pending renewal application denied. In the\ncase of a second and any further violation, the liability shall be for a\ncivil penalty not to exceed five thousand dollars for each such\nviolation and an additional penalty not to exceed twenty-five hundred\ndollars for each day during which such violation continues.\n  2. No penalty assessed or imposed pursuant to the provisions of this\ntitle shall be paid from medicaid or medicare funds.\n
N.Y. RSS Law § 410-B — New York Code / Act RSS / Article 8 / Title 13 / Section 410-B
Deduction of dues and insurance premiums from benefits of certain retired members of the division of state police
Status: in_force

§ 410-b. Deduction of dues and insurance premiums from benefits of\ncertain retired members of the division of state police.\nNotwithstanding any other provision of law to the contrary, the\ncomptroller is hereby authorized to deduct from the retirement allowance\nof any retired member of the division of state police an amount of\nmembership dues as the retired member may specify in writing filed with\nthe comptroller for the payment of such employee organization membership\ndues and premiums for employee organizations sponsored group insurance\nplans. Any such written authorization may be withdrawn by such retired\nmember at any time upon filing written notice of such withdrawal with\nthe comptroller. Notwithstanding the foregoing provisions of this\nsection, the employee organization certified, pursuant to article\nfourteen of the civil service law, to represent the collective\nnegotiating unit from which the member retired, shall have exclusive\npayroll deduction of membership dues and premiums for insurance and\nmass-merchandised automobile and homeowners' insurance policies for\nretired members of such collective negotiating unit. Deductions for such\ndues and premiums shall not be authorized for any other employee\norganization or group except by express written approval of such\nappropriate certified employee organization.\n
N.Y. PBA Law § 2052-M — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-M
Authority shall be deemed state agency
Status: in_force

§ 2052-m. Authority shall be deemed state agency. For the purposes of\narticle fifteen-A of the executive law only, the authority shall be\ndeemed a state agency as that term is used in such article, and its\ncontracts for design, construction, services and materials shall be\ndeemed state contracts within the meaning of that term as set forth in\nsuch article.\n
N.Y. RSS Law § 409 — New York Code / Act RSS / Article 8 / Title 13 / Section 409
Abandonment of unclaimed contributions; payment to the pension accumulation fund
Status: in_force

§ 409. Abandonment of unclaimed contributions; payment to the pension\naccumulation fund.  a. After at least five years have elapsed since the\nseparation from service of a member who has not vested, for any cause\nother than death or retirement, the comptroller shall send a statement\nto such person at his last known address setting forth the amount of the\naccumulated contributions standing to his credit in the annuity savings\nfund and give notice to said person that unless he demands payment of\nsaid amount prior to a date at least one year from the date the notice\nis given, said accumulated contributions remaining in the annuity\nsavings fund will be deemed abandoned and will be transferred to the\npension accumulation fund.\n  b. After the expiration of at least one year from the date the notice\nis given, the comptroller shall publish in the state bulletin a list\nsetting forth the names of persons who have unclaimed accumulated\ncontributions in the retirement system. At the expiration of six months\nfrom the date of the publication of such list the accumulated\ncontributions of the persons so listed shall be deemed abandoned and\nshall be placed in the pension accumulation fund to be used for the\npurposes of said fund.\n  c. Any accumulated contributions so deemed abandoned and transferred\nto the pension accumulation fund may be claimed by the person who made\nsuch accumulated contributions, or in the event of his death by his\nestate or by such person or persons as he shall have nominated to\nreceive such accumulated contributions, by filing a claim with the\ncomptroller in such form and in such manner as may be prescribed by the\ncomptroller, seeking the return of such abandoned accumulated\ncontributions. In the event such claim is properly made the comptroller\nshall pay over to the person or persons or estate making such claim the\namount of such accumulated contributions without interest. The payment\nshall be made from the pension accumulation fund.\n
N.Y. PBA Law § 2051-L — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-L
Bonds and notes as legal investment
Status: in_force

§ 2051-l. Bonds and notes as legal investment. 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 notes, or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem. The bonds and notes are also hereby made securities which may be\ndeposited with and may be received by all public officers and bodies of\nthis state and all municipalities for any purposes for which the deposit\nof bonds or notes or other obligations of this state is now or hereafter\nmay be authorized.\n
N.Y. PBA Law § 2049-K — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-K
Moneys of the authority
Status: in_force

§ 2049-k. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks in the state\ndesignated by the governing body. The moneys in such accounts shall be\npaid out on check of the treasurer upon requisition by the governing\nbody or of such other person or persons as the governing body may\nauthorize to make such requisitions. All deposits of such moneys shall\nbe secured by obligations of the United States, the state or the town of\na market 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 authority shall have power, notwithstanding the provisions\nof this section, to contract with the holders of any bonds as to the\ncustody, collection, security, investment and payment of any moneys of\nthe authority or any moneys held in trust or otherwise for the payment\nof bonds or in any way to secure bonds, and to carry out any such\ncontract notwithstanding 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 authority and\nall banks and trust companies are authorized to give such security for\nsuch deposits. Any moneys of the authority not required for immediate\nuse or disbursement may, at the discretion of the authority, be invested\nin those obligations 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 authority shall prescribe a system of accounts.\n
N.Y. PBA Law § 2045-J — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-J
State, county and municipalities not liable on agency bonds
Status: in_force

§ 2045-j. State, county and municipalities not liable on agency bonds.\nNeither the state, the county nor any other municipality or public\ncorporation shall be liable on the bonds of the agency and such bonds\nshall not be a debt of the state, the county or any other municipality\nor public corporation, and such bonds shall contain on the face thereof,\na statement to such effect.\n
N.Y. PBA Law § 2019 — New York Code / Act PBA / Article 8 / Title 13 / Section 2019
Moneys of the authority
Status: in_force

§ 2019. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks in the state of New\nYork designated by the authority. The moneys in such accounts shall be\npaid out on check of the treasurer on requisition by the authority or of\nsuch other person or persons as the authority may authorize to make such\nrequisitions. All deposits of such moneys shall, if required by the\ncomptroller or the authority, be secured by obligations of the United\nStates or of the state of New York or of the county of a market value\nequal at all times to the amount of deposit and all banks and trust\ncompanies are authorized to give such security for such deposits. The\ncomptroller and his legally authorized representatives of the county of\nOnondaga, and the comptroller if they so elect, are hereby authorized\nand empowered from time to time to examine the accounts and books of the\nauthority, including its receipts, disbursements, contracts, leases,\nsinking funds, investments and any other matters relating to its\nfinancial standing. The authority shall have power, notwithstanding the\nprovisions of this section, to contract with the holders of any of its\nbonds as to the custody, collection, security, investment and payment of\nany moneys of the authority, or any moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds, and carry out\nany such contract notwithstanding that such contract may be inconsistent\nwith the provisions of this section. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be secured in the same manner as moneys of the\nauthority, and all banks and trust companies are authorized to give such\nsecurity for such deposits.\n
N.Y. PBA Law § 2049-LL — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-LL
Bonds legal investment for fiduciaries
Status: in_force

§ 2049-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 § 2049-Q — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-Q
Contracts
Status: in_force

§ 2049-q. Contracts. 1. All contracts or orders for work, material or\nsupplies performed or furnished in connection with construction shall be\nawarded by the authority pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, shall be\nmade in compliance with paragraph (e) of subdivision four and\nsubdivision seven of section one hundred twenty-w of the general\nmunicipal law. In any construction contract, the authority may provide a\nprogram for the payment of damages for delays and incentive awards in\norder to encourage timely project completion. An action, suit or\nproceeding contesting the validity of a contract awarded pursuant to\nthis section, or the validity of the procedures relating to such award,\nshall be governed by the provisions of subdivision six of section one\nhundred twenty-w of the general municipal law and the term\n"municipality" as used in such subdivision six shall mean the authority.\n  2. The bidder whose bid is accepted shall give security for the\nfaithful performance of the contract, and such other security as the\nauthority may require, and may be required to maintain any construction\ndone under the contract for such period as shall be stipulated, all in\nthe manner prescribed and required by the authority and the sufficiency\nof such security shall, in addition to the justification and\nacknowledgement, be approved by the authority. All bids or proposals\nshall be publicly opened by the governing body or its duly authorized\nagent. If the bidder whose bid or proposal has been accepted after\nadvertising shall neglect or refuse to accept the contract within five\ndays after written notice that the contract has been awarded to him on\nhis bid or proposal or if he accepts but does not execute the contract\nand give proper security, the authority shall have the right to declare\nhis deposit forfeited. In the event that any work shall be abandoned by\nany contractor the authority may, if it determines that the public\ninterest is thereby served, adopt on behalf of the authority any or all\nsubcontracts made by such contractor for such work and all such\nsubcontractors shall be bound by such adoption if made. No bid or\nproposal shall be accepted from or any contract awarded to any person or\ncorporation who is in arrears to the authority or the town upon any\nobligation of the authority or of the town. Every contract shall be\nexecuted in duplicate, one copy of which shall be held by the authority\nand one copy of which shall be delivered to the contractor. The\nauthority may adopt, utilize, ratify and confirm any request for\nproposals, invitation for sealed bids, plans, specifications and notices\nheretofore or hereafter published by the town with respect to any\nproposed project. The provisions of this section shall supercede any\ninconsistent provisions of the general municipal law, or any other\ngeneral, special or local law.\n
N.Y. PBA Law § 2049-RR — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-RR
Audit and annual report
Status: in_force

§ 2049-rr. Audit and annual report. In conformity with the provisions\nof section five of article ten of the state constitution, the accounts\nof the authority shall be subject to the supervision of the state\ncomptroller. 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 each legislative body. The authority\nshall comply with the provisions of sections two thousand eight hundred\none, two thousand eight hundred two and two thousand eight hundred three\nof title one of article nine of this chapter.\n
N.Y. PBA Law § 2052-P — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-P
Limited liability
Status: in_force

§ 2052-p. Limited liability. Neither the members of the board, nor any\nmunicipality, officer or employee acting in its behalf, while acting\nwithin the scope of their authority, shall be subject to any personal\nliability resulting from the construction, maintenance or operation of\nany of the projects of the authority or from carrying out any of the\npowers expressly given in this title; provided, however, that this\nsection shall not be held to apply to any independent contractor.\n
N.Y. PBA Law § 2049-QQ — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-QQ
Interest in contracts prohibited
Status: in_force

§ 2049-qq. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the authority to be in any way of manner interested,\ndirectly or indirectly, in the furnishing of work, materials, supplies\nor labor, or in any contract therefor which the authority is empowered\nby this title to make.\n
N.Y. PBA Law § 2050-C — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-C
Ulster county resource recovery agency
Status: in_force

§ 2050-c. Ulster county resource recovery agency. 1. A corporation\nknown as the Ulster county resource recovery agency is hereby created\nfor the public purposes and charged with the duties and having the\npowers provided in this title. The agency shall be a body corporate and\npolitic constituting a public benefit corporation. It shall consist of\nfive members to be appointed by the chairman of the county legislature\nincluding one member recommended to the chairman by the minority leader\nof the county legislature. All members so appointed shall be subject to\nconfirmation by the county legislature. In making appointments of\nmembers, the chairman of the county legislature shall give due\nconsideration to the representation of diverse geographical areas. The\nfirst members appointed by the chairman of the county legislature shall\nbe appointed for the following terms of office; one for a term ending on\nDecember thirty-first, nineteen hundred eighty-seven; two for a term\nending on December thirty-first, nineteen hundred eighty-eight; and two\nfor a term ending on December thirty-first, nineteen hundred\neighty-nine.  Subsequent appointment of members shall be made for a term\nof three years ending in each case on December thirty-first of the last\nyear of such term. All members shall continue to hold office until their\nsuccessors are appointed and qualify. Vacancies shall be filled in the\nmanner provided for original appointment. Vacancies occurring otherwise\nthan by expiration of term of office shall be filled for the unexpired\nterms. Members may be removed from office for the same reasons and in\nthe same manner as may be provided by law for the removal of officers of\nthe county. The members of the agency shall receive no compensation for\ntheir services but shall be reimbursed for all their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the agency shall be vested in and\nbe exercised by the governing body at a meeting duly called and held and\nthree members shall constitute a quorum. No action shall be taken except\npursuant to the favorable vote of at least three members. The governing\nbody may delegate to one or more of its members, officers, agents or\nemployees such powers and duties as it may deem proper.\n  2. The officers of the agency shall consist of a chairman, a vice\nchairman and a treasurer, who shall be members of the agency, and a\nsecretary, who need not be a member of the agency. Such officers shall\nbe appointed by the governing body and shall serve at the pleasure of\nthe governing body. In addition to the secretary, the governing body may\nappoint and and at pleasure remove an attorney, engineer and executive\ndirector and such additional officers and employees as it may determine\nnecessary for the performance of the powers and duties of the agency,\nwhich positions shall be in the exempt class of civil service and fix\nand determine their qualifications, duties and compensation, subject to\nthe provisions of the civil service law. The governing body may also\nfrom time to time contract for expert professional services.  The\ntreasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his office, the amount and sufficiency of\nwhich shall be approved by the governing body and the premium therefor\nshall be paid by the agency.\n  3. Notwithstanding any inconsistent provisions of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of any municipality or any public benefit corporation within\nthe county or any adjoining county, shall forfeit his or her office or\nemployment by reason of his or her acceptance of appointment as a\nmember, officer, agent or employee of the agency, nor shall service as\nsuch member, officer, agent or employee be deemed incompatible or in\nconflict with such office, membership or employment. Provided, however,\nthat a full time officer, member or employee shall not be compensated in\nthe aggregate in an amount in excess of such officer's member's or\nemployee's full time compensation without the express approval of the\ncounty legislature; and provided, further, however, that no public\nofficial elected to his or her office pursuant to the laws of the state\nor any municipality thereof may serve as a member of the governing body\nof the agency during his or her term of office.\n  4. (a) The chairman of the county legislature shall file on or before\nJuly first, nineteen hundred eighty-seven, in the office of the\nsecretary of state, a certificate setting forth: (1) the name of the\nagency; (2) the names of the members appointed by the chairman of the\ncounty legislature and their terms of office; and (3) the effective date\nof this title. The agency shall be perpetual in duration, except that if\nsuch certificate is not filed with the secretary of state on or before\nsuch date then the corporate existence of the agency shall thereupon\nterminate and it shall thereupon be deemed to be and shall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nagency and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe agency shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the agency, all of the\nrights and properties of the agency then remaining shall pass to and\nvest in the county.\n  5. In addition to any powers granted to it by law, the county\nlegislature from time to time may appropriate by resolution sums of\nmoney to defray project costs or any other costs and expenses of the\nagency. Subject to the rights of bondholders, the county legislature may\ndetermine if the moneys so appropriated shall be subject to repayment by\nthe agency to the county and, in such event, the manner and time or\ntimes for such repayment.\n  6. It is hereby determined and declared, that the agency and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the county and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the agency is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n
N.Y. PBA Law § 2047-S — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-S
Limited liability
Status: in_force

§ 2047-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. ENV Law § 11-1301 — New York Code / Act ENV / Article 11 / Title 13 / Section 11-1301
General provisions
Status: in_force

§ 11-1301. General provisions.\n  1. Except as specifically provided in this article or in article 13,\nor any regulation adopted pursuant thereto:\n  a. No fish, other than migratory food fish of the sea in the marine\nand coastal district, shall be taken except by angling.\n  b. Fish named by regulation adopted pursuant to section 11-1303 of\nthis title shall be taken only during the open seasons specified in such\norder and only if they are within the minimum size limits established by\nsuch regulation.\n  * c. Except as otherwise prohibited by law, fish may be taken by spear\nor speargun in the marine and coastal district only for recreational\npurposes. A speargun must be submerged when used to take fish. Provided,\nhowever, that no food fish may be taken by spear or speargun within one\nhundred yards of a public bathing area.\n  * NB Repealed June 1, 2029\n  2. Except when taken pursuant to section 11-0515 or 11-0517 of this\narticle, or when taken in nets as provided by title 15 or article 13,\nfish named by regulation adopted pursuant to section 11-1303 of this\ntitle shall not be taken in excess of the daily or seasonal catch limits\nestablished by such regulation.\n  3. Fish shall not be taken contrary to the restrictions contained in\nany regulation of the department, made pursuant to any provision of the\nFish and Wildlife Law, closing waters to the taking of fish, or\nrestricting the use of nets or other devices, or fixing seasons, size\nlimits or daily or seasonal catch limits, or otherwise restricting the\ntaking of fish.\n  4. Fish unintentionally taken contrary to any provision of the Fish\nand Wildlife Law or regulation of the department shall be returned to\nthe water at once without unnecessary injury.\n  5. Notwithstanding any inconsistent provision of the Fish and Wildlife\nLaw, the department may adopt regulations for catch and release fishing\nin all waters of the state.\n