N.Y. PBA Law § 2045-I — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-I
Remedies of bondholders
Status: in_force

§ 2045-i. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (j) of subdivision three of\nsection two thousand forty-five-h of this title:\n  1. In the event that the agency shall default in the payment of\nprincipal of or interest on any issue of bonds 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 agency 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\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurpose 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 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 agency to collect rents, rates and charges adequate to carry\nout any agreement as to, or pledge of such rents, rates and charges and\nto require the agency to carry out any other agreements with the holders\nof 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 agency 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.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the agency.\n  6. Any such trustee whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\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 with\nholders of such bonds shall take possession of all moneys and other\nproperty derived from such part or parts of the project and proceed with\nany construction thereon or the acquisition of any property, real or\npersonal, in connection therewith which the agency is under obligation\nto do, and to operate, maintain and reconstruct such part or parts of\nthe project and collect and receive all revenues thereafter arising\ntherefrom subject to any pledge thereof or agreement with bondholders\nrelating thereto and perform the public duties and carry out the\nagreements and obligations of the agency under the direction of the\ncourt. 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 § 2052-B — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-B
Definitions
Status: in_force

§ 2052-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" means the corporation created by section two thousand\nfifty-two-c of this title.\n  2. "Board" means the members of the authority constituting and acting\nas the governing body of the authority.\n  3. "Comptroller" means the comptroller of the state.\n  4. "Construct", "construction" or "constructed" means the acquisition,\nerection, building, alteration, improvement, increase, enlargement,\nextension, reconstruction, renovation or rehabilitation of the sports\nfacility, as the case may be; the inspection and supervision thereof;\nand the engineering, architectural, legal, fiscal and economic\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedure and other actions preliminary or incidental\nthereto.\n  5. "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, personal and mixed and\nimproved and unimproved, the cost of the demolishing, removing or\nrelocating of any buildings or structures on lands so acquired,\nincluding the cost of acquiring any lands to which such buildings or\nstructures may be moved or relocated, the cost of the sports facility,\nmachinery, apparatus and equipment, the cost of engineering and\narchitectural surveys, plans and specifications, the cost of consultant\nand legal services, the cost of other expenses necessary or incidental\nto the construction of any project and the financing of the construction\nthereof and the financing of the placing of any project in operation,\nincluding reimbursement to the county or any municipality, state agency,\nthe state, the United States government or any other person for\nexpenditures that would be costs of a project hereunder had they been\nmade directly by the authority.\n  6. "County" means the county of Oneida.\n  7. "County executive" means the county executive of the county, being\nthe chief executive officer of the county.\n  8. "County board of legislators" means the board of legislators of the\ncounty.\n  9. "Municipality" means any county, city, town, village, or city\nschool district, union free school district, central school district or\ncommon school district, any other such instrumentality, including any\nagency or public corporation of the state, or any of the foregoing or\nany combination thereof.\n  10. "Murnane Field" means the stadium commonly known by that name,\nlocated in the city of Utica, as well as the surrounding lands,\nincluding all structures appurtenant thereto, located in the vicinity of\nSunset Avenue and Burrstone Road in the city of Utica, which shall\ninclude all of the property deeded to the city of Utica by deed dated\nFebruary third, nineteen hundred eight and thereafter conveyed to the\nUtica city school district by deed dated March fourteenth, nineteen\nhundred seventy-seven, except for any portions of the said property\nwhich have been appropriated by the state of New York or otherwise\nconveyed.\n  11. "Person" means any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n  12. "Project" means the sports facility, including the structures or\nparts thereof and appurtenances thereto, real property or any other\nproperty incidental to and included in such facility or part thereof,\nand any improvements, extensions and betterments.\n  13. "Real property" means lands, structures, franchises, rights and\ninterests in land and air rights, and any and all things and rights\nincluded within said term and includes not only fees simple absolute,\nbut also any and all lesser interests including, but not limited to,\neasements, rights-of-way, uses, leases, licenses and all other\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms for years and liens thereon by way of\njudgments, mortgages or otherwise and also claims for damage to real\nestate.\n  14. "Sports facility" means Murnane Field in the city of Utica.\n  15. "State" means the state of New York.\n  16. "State agency" means any state officer, public benefit\ncorporation, department, board, commission, bureau, division or other\nagency or instrumentality of the state.\n
N.Y. PBA Law § 2046-E — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-E
Transfer of property
Status: in_force

§ 2046-e. Transfer of property. The town is authorized and empowered\nto give, grant, sell, convey, loan, license the use of or lease, to the\nagency, any property or facility of the town which is useful in\nconnection with the exercise by the agency of its powers under this\ntitle. Any such gift, grant, sale, conveyance, loan, license or lease\nshall be upon such terms and conditions, subject to the rights of the\nholders of any bonds or notes, as the agency and the town may agree.\n
N.Y. PBA Law § 2049-D — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-D
Powers of the authority
Status: in_force

§ 2049-d. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same;\n  3. To acquire in the name of the authority, hold, sell, lease,\nmortgage or otherwise dispose of property, real, personal or mixed, or\nany interest therein, without limitation, for its corporate purposes;\n  4. To condemn, with the consent of the town board and the supervisor,\nin the name of the authority, pursuant to the eminent domain procedure\nlaw, any real property required by the authority to carry out the powers\ngranted by this title provided that condemnation of any real property\nnot located within the town shall require the consent of the board of\nthe town where such real property is located;\n  5. To collect, receive, extract, transport, process, dispose of, sell,\nstore, convey, recycle and deal with, in any lawful manner and way,\nsolid waste and any products or by-products thereof now or hereafter\ndeveloped or discovered, including any energy generated by the operation\nof any facility on such terms and in such manner as the authority may\ndeem proper;\n  6. To plan, develop and construct projects and to pay the cost thereof\nand to have the right to contract in relation thereto with\nmunicipalities or persons and to own and operate, maintain, repair,\nimprove, reconstruct, enlarge and extend, subject to the provisions of\nthis title, any of its projects acquired or constructed under this\ntitle, and to sell, lease, mortgage or otherwise dispose of any project\nor part thereof to any person or public corporation, subject to such\nconditions and limitations as the authority may determine to be in the\npublic interest;\n  7. To assist in the planning, development and construction of and the\nfinancing of the cost of any facility whether or not such facility is to\nbe owned or operated by the authority, which assistance may include\nloans to any person or public corporation;\n  8. To collect or receive from the United States, the state, the town,\nany other municipality or public corporation or person solid waste for\nthe purpose of treatment or disposal thereof, with the right of the\nauthority to sell and dispose of any products or by-products, including\nenergy, of such process of treatment or disposal, as the authority may\ndeem proper;\n  9. To contract with the town, other municipalities, state agencies,\npublic corporations or persons, for the purpose of collecting,\nreceiving, treating and disposing of solid waste, including, without\nlimitation, to contract with municipalities, state agencies, public\ncorporations or persons for the delivery of all solid waste generated\nwithin a stated area to a specific facility;\n  10. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of any project or other property of the authority, which by-laws and\nall amendments thereto, duly certified by the secretary of the\nauthority, shall be filed in the office of the authority and in the\noffice of the clerk of the town, and to provide for the enforcement of\nsuch by-laws by legal or equitable proceedings which are or may be\nprovided or authorized by law. In addition, the town shall have power to\nprescribe under the town code that violations of specific by-laws of the\nauthority, including, without limitation, any failure to comply with any\nby-law requiring the payment of any fee or other charge by any person in\nconnection with the delivery of solid waste to any facility or any other\nuse of any facility by such person, shall constitute offenses or\ninfractions and provide for the punishment of violations thereof by\ncivil and criminal penalties;\n  11. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable;\n  12. To enter on any lands, waterways or premises for the purpose of\nmaking surveys, soundings and examinations, any liability for which\nshall not exceed actual damages;\n  13. To borrow money and to issue bonds and to fund or refund the same,\nand to provide for the rights of the holders thereof;\n  14. To fix and collect rates, rentals, fees and other charges for the\nuse of the facilities of, or services rendered by, or any commodities\nfurnished by, the authority so as to provide revenues sufficient at all\ntimes to pay, as the same shall become due, the principal and interest\non the bonds of the authority, together with the maintenance of proper\nreserves therefor, in addition to paying, as the same shall become due,\nthe expenses of operating and maintaining the properties of the\nauthority, together with proper reserves for debt service, depreciation,\nmaintenance and contingencies and all other obligations and indebtedness\nof the authority;\n  15. To accept gifts, grants, loans or contributions from the United\nStates, the state or any agency or instrumentality of either of them, or\nany municipality or from any person or public corporation, by bequest or\notherwise, and to expend the proceeds for any corporate purposes of the\nauthority; and\n  16. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n
N.Y. RSS Law § 412 — New York Code / Act RSS / Article 8 / Title 13 / Section 412
Bonds required in certain cases
Status: in_force

§ 412. Bonds required in certain cases.  a. In any case where, by\norder of a court of competent jurisdiction, the police and fire\nretirement system is required to pay over a benefit which is payable in\ninstallments and which is predicated upon the life of a beneficiary, to\na payee other than the recipient who ordinarily would have taken the\nbenefit pursuant to the provisions of this article, such payee must file\na bond. The bond shall be in favor of the comptroller as administrative\nhead of the police and fire retirement system and shall indemnify him\nagainst loss by reason of excess payment, to such payee, after benefits\nhave ceased to become payable for any reason whatsoever.\n  The amounts of the bond shall be fixed by the court in a sum not less\nthan the total amount such payee is expected to take for a period of two\nyears. The bond with at least two sureties must be approved by the\ncourt. It must be filed with the clerk of the court and a certified copy\nthereof served upon the comptroller. Before the bond shall be approved\nthere shall be filed in the court by every surety an acknowledged\ninstrument wherein the surety designates the clerk of the court and his\nsuccessors in office as a person upon whom service of any process\nissuing from the court may be made in like manner and with like effect\nas if served personally upon the surety, whenever such surety after the\nexercise of due diligence cannot be found and served within the state of\nNew York.\n  Insofar as they are consistent with this article, the provisions of\nlaw relating to bonds and undertakings in a civil action in the supreme\ncourt shall apply to bonds required by this subdivision.\n  b. Notwithstanding any provisions to the contrary in subdivision a of\nthis section, if the retirement system is required to pay over a benefit\nwhich is payable in installments and which is predicated upon the life\nof a beneficiary, to a payee other than the recipient who ordinarily\nwould have taken the benefit pursuant to the provisions of this chapter,\nsuch payee shall not be required to file a bond or any other undertaking\nwhere such payment is required by order of a court of competent\njurisdiction as the result of an action or proceeding for equitable\ndistribution, alimony, maintenance or child support pursuant to article\nthree-A or thirteen of the domestic relations law, article four of the\nfamily court act, title six-A or six-B of article three of the social\nservices law, section fifty-two hundred forty-two of the civil practice\nlaw and rules, or by an income execution issued pursuant to section\nfifty-two hundred forty-one of the civil practice law and rules.\n  Upon the payment of such benefit, the retirement system shall be\nrelieved and held harmless from any and all liability for any claim of\nexcess payment which exists at the time with reference to such benefit\nor may thereafter be made on account of such benefit.\n
N.Y. PBA Law § 2052-A — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-A
Short title
Status: in_force

§ 2052-a. Short title. This title shall be known and may be cited as\nthe "Oneida county sports facility authority act."\n
N.Y. PBA Law § 2049-TT — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-TT
Pledge by counties; contracts with municipalities; powers of municipalities
Status: in_force

§ 2049-tt. Pledge by counties; contracts with municipalities; powers\nof municipalities. 1. The counties are hereby authorized to pledge to\nand agree with the holders of any bonds that the counties will not limit\nor impair the rights hereby vested in the authority to purchase,\nconstruct, own and operate, maintain, repair, improve, increase,\nenlarge, extend, reconstruct, renovate, rehabilitate or dispose of any\nproject, or any part or parts thereof, for which bonds of the authority\nshall have been issued, to establish and collect rates, rents, fees and\nother charges referred to in this title and to fulfill the terms of any\nagreements made with the holders of the bonds or with any public\ncorporation or person with reference to such project or part thereof, or\nin any way impair the rights and remedies of the bondholders, until the\nbonds, together with interest thereon, including interest on any unpaid\ninstallments of interest, and all costs and expenses in connection with\nany action or proceeding by or on behalf of the bondholders are fully\nmet and discharged.\n  2. The counties and one or more municipalities within the area of\noperation, or the authority and the counties, shall have power to\ncontract from time to time between or among themselves, or among\nthemselves and with the authority, in relation to the collecting,\nreceiving, transporting, storage, processing or disposal of recyclables\nand/or solid waste or for the purchase or use of any materials, energy,\nby-products or residue generated by or resulting from the operation of\nany solid waste management-resource recovery facility. Any such contract\nto which the authority, the counties or any municipality within the area\nof operation are parties may include provisions stipulating the minimum\nand/or maximum rates, rentals, fees and other charges to be collected\nfor the use and availability of facilities. Any contract may also\ninclude provisions: (a) requiring any such county or municipality to\ndeliver, or cause to be delivered, periodically to a specified facility\nor facilities all or any portion of the solid waste generated,\noriginated or brought within such county or municipality or minimum\namounts of solid waste and providing for specified minimum periodic\npayments whether or not such delivery of any such solid-waste is made;\n(b) reserving to any such county or municipality, and granting by the\nauthority to any such county or municipality, a portion of or the\nentirety of the capacity of a solid waste management-resource recovery\nfacility as any such county or municipality determines is reasonably\nnecessary to meet its present and reasonably anticipated needs and\nproviding for specified minimum periodic payments in consideration\nthereof, or (c) requiring the counties to pay such amounts as shall be\nnecessary to assure the continued operation and solvency of the\nauthority, all such payments to be determined and paid in such manner\nand at such times as may be provided in such contract.\n  3. To further the governmental and public purposes of the authority,\nincluding the implementation of any contract or proposed contract\ncontemplated by this title, and in recognition of the public policy of\nthe state in the area of the control and management of solid waste and\nsolid waste disposal activities to displace competition with regulation\nor monopoly public control, the counties and all other municipalities\nwithin the area of operation, as instrumentalities of the state, shall\nhave the power to adopt and amend local laws, ordinances and regulations\nimposing appropriate and reasonable limitations on competition with\nrespect to collecting, receiving, transporting, delivering, storing,\nprocessing and disposing of solid waste or the recovery by any means of\nany material or energy product or resource therefrom, including, without\nlimiting the generality of the foregoing, local laws requiring that all\nsolid waste generated, originated or brought within their respective\nboundaries, subject to such exceptions as may be determined to be in the\npublic interest, shall be delivered to a specified solid waste\nmanagement-resource recovery facility; provided, however, that any such\nlocal law, ordinance or regulation enacted by the counties shall take\nprecedence over and shall supersede any inconsistent provisions of any\nsuch local law, ordinance or regulation enacted by any other\nmunicipality within the area of operation. Any such local law shall be\nadopted in accordance with the procedure provided by the municipal home\nrule law, except that no such local law shall be subject to either\nmandatory or permissive referendum. Any such local law may include\nprovisions for the enforcement thereof and penalties for the violation\nthereof, which may provide, but shall not be limited to providing, that\nany violation of a local law shall constitute an offense or infraction,\nand may provide that any violation may be punished by civil penalty,\nfine or other monetary charge, and/or, the suspension or revocation of\npermits or licenses granted by any other jurisdiction with respect to\nthe collecting, receiving, transporting, delivery or storing of solid\nwaste. For the purposes of this section, solid waste shall have the\nmeaning set forth in subdivision fifteen of section two thousand\nforty-nine-bb of this title, but shall not include any scrap or other\nmaterial of value separated from the waste stream and held for purposes\nof materials recycling. Upon the adoption of any local law, ordinance or\nregulation pursuant to this section, the counties or other municipality\nshall file a verified copy of such local law, ordinance or regulation\nwith the commissioner of the department of environmental conservation;\nprovided, however, that the failure to so file such a local law,\nordinance or regulation shall not invalidate such local law, ordinance\nor regulation. Upon the adoption or amendment of any local law or\nordinance pursuant to section one hundred twenty-aa of the general\nmunicipal law, either or both counties, by their respective legislative\nbody, is authorized and empowered to delegate and assign to the\nauthority, in whole or in part, by contract and on such terms as the\nparties may agree, the administration and implementation of the source\nseparation and recycling program. Such delegation and assignment powers\nshould be in addition to any other contracting powers and authority the\ncounties may have under this section.\n  4. The counties are hereby authorized to resell or otherwise dispose\nof all or any part of the materials, energy, by-products or residue\npurchased from the authority pursuant to this section. Any resale of or\nother disposition may be made in such manner as the counties may deem\nproper and upon such terms and conditions as may be agreed upon by the\nparties thereto.\n  5. The counties and all other municipalities within the area of\noperation shall have power to perform such other acts, to enter into\nsuch other contracts, including contracts between or among themselves,\nexecute such instruments and to undertake such future proceedings as\nshall be determined necessary or desirable to effectuate the purpose of\nthis title, including the making of gifts, grants, loans or\ncontributions to the authority.\n  6. Any contract entered into by the counties or other municipality\npursuant to this section may be for such term or duration, not to exceed\ntwenty-five years, as may be agreed upon by the parties thereto.\n  7. Any contract entered into pursuant to this section to which the\nauthority shall be a party may be pledged by the authority as security\nfor any issue of bonds, and may be assigned, in whole or in part, by the\nauthority, to any public corporation or person which shall construct,\npurchase, lease or otherwise acquire any solid waste management-resource\nrecovery facility, or part thereof, financed in whole or in part by the\nauthority.\n
N.Y. ENV Law § 27-1323 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1323
Liability exemptions and defenses
Status: in_force

§ 27-1323. Liability exemptions and defenses.\n  1. Lender exemption. (a) For purposes of this title no lender shall\nincur any liability from any statutory claims of the state as an owner\nor operator of a site, or a person responsible for the disposal of a\nhazardous waste at such site, provided such lender, without\nparticipating in the management of such site, holds indicia of ownership\nprimarily to protect the lender's security interest in the site or, if\nsuch lender did not participate in the management of such site prior to\na foreclosure on such site, notwithstanding that such lender:\n  (1) forecloses on such site; and\n  (2) after foreclosure, sells, releases (in the case of a lease finance\ntransaction), or liquidates such site, maintains business activities,\nwinds up operations, or takes any other measure to preserve, protect or\nprepare such site prior to sale or disposition; provided, however, that\nsuch lender shall take actions to sell, release (in the case of a lease\nfinance transaction), or otherwise divest itself of such site at the\nearliest practicable, commercially reasonable time, on commercially\nreasonable terms, taking into account market conditions and legal and\nregulatory requirements.\n  (b) This exemption shall not apply to any lender that has caused or\ncontributed to the release or threatened release of a hazardous waste\nfrom or onto the site, or to any lender that generated, transported, or\ndisposed of, arranged for, or that caused the generation,\ntransportation, or disposal of hazardous waste from or onto such site.\n  (c) For purposes of this section:\n  (1) The term "participating in management" means actually\nparticipating in the management or operational affairs of a site and\ndoes not include merely having the capacity to influence, or the\nunexercised right to control, site operations.\n  (i) A lender who holds indicia of ownership primarily to protect a\nsecurity interest in such site shall be considered to participate in\nmanagement only if, while the borrower is in possession of such site\nencumbered by the security interest, the lender:\n  (A) exercises decision making control over the environmental\ncompliance related to such site, such that the lender has undertaken\nresponsibility for the hazardous waste handling or disposal practices\nrelated to such site; or\n  (B) exercises control at a level comparable to that of a manager of\nsuch site, such that the lender has assumed or manifested\nresponsibility:\n  (I) for the overall management of such site encompassing day-to-day\ndecision making with respect to environmental compliance; or\n  (II) over all or substantially all of the operational functions,\nexcluding financial or administrative functions, of such site other than\nthe function of environmental compliance.\n  (ii) The term "participate in management" does not include:\n  (A) Performing an act or failing to act prior to the time at which a\nsecurity interest is created in a site;\n  (B) Holding a security interest or abandoning or releasing a security\ninterest;\n  (C) Including in the terms of an extension of credit, or in a contract\nor security agreement relating to such extension, a covenant, warranty,\nor other term or condition that relates to environmental compliance;\n  (D) Monitoring or enforcing the terms and conditions of the extension\nof credit or security interest;\n  (E) Monitoring or undertaking one or more inspections of such site;\n  (F) Requiring a response action or other lawful means of addressing\nthe release or threatened release of a hazardous waste in connection\nwith such site prior to, during, or on the expiration of the term of the\nextension of credit;\n  (G) Providing financial or other advice or counseling in an effort to\nmitigate, prevent, or cure default or diminution in the value of such\nsite;\n  (H) Restructuring, renegotiating, or otherwise agreeing to alter the\nterms and conditions of the extension of credit or security interest,\nexercising forbearance;\n  (I) Exercising other remedies that may be available under applicable\nlaw for the breach of a term or condition of the extension of credit or\nsecurity agreement; or\n  (J) Conducting a response action under 42 U.S.C. Section 9607(d) or\nunder the direction of an on-scene coordinator appointed under the\nnational contingency plan if the actions do not rise to the level of\nparticipating in management within the meaning of this subparagraph.\n  (2) The term "extension of credit" includes a lease finance\ntransaction:\n  (i) In which the lessor does not initially select the leased site and\ndoes not during the lease term control the daily operations or\nmaintenance of such site; or\n  (ii) That conforms with regulations issued by the appropriate federal\nbanking agency or the appropriate state bank supervisor (as those terms\nare defined in section 3 of the federal deposit insurance act (12 U.S.C.\n1813)) or with regulations issued by the national credit union\nadministration board, as appropriate.\n  (3) The term "financial or administrative function" includes a\nfunction such as that of a credit manager, accounts payable officer,\naccounts receivable officer, personnel manager, comptroller, or chief\nfinancial officer, or a similar function.\n  (4) The terms "foreclosure" and "foreclose" mean, respectively,\nacquiring and to acquire, a site through:\n  (i) Purchase at sale under a judgment or decree, power of sale, or\nnonjudicial foreclosure sale;\n  (ii) A deed in lieu of foreclosure or similar conveyance from a\ntrustee;\n  (iii) Repossession if such site was security for an extension of\ncredit previously contracted;\n  (iv) Conveyance pursuant to an extension of credit previously\ncontracted, including the termination of a lease agreement; or\n  (v) Any other formal or informal manner by which the lender acquires,\nfor subsequent disposition, title to or possession of a site in order to\nprotect the lender's security interest.\n  (5) The term "lender" means:\n  (i) An insured depository institution as defined in section 3 of the\nfederal deposit insurance act (12 U.S.C 1813);\n  (ii) An insured credit union as defined in section 101 of the federal\ncredit union act (12 U.S.C. 1752);\n  (iii) A bank or association chartered under the farm credit act of\n1971 (12 U.S.C. 2001 et seq.);\n  (iv) A leasing or trust company that is an affiliate of an insured\ndepository institution;\n  (v) Any person, including a successor or assignee of any such person,\nthat makes a bona fide extension of credit to or takes or acquires a\nsecurity interest from a nonaffiliated person;\n  (vi) The federal national mortgage association, the federal home loan\nmortgage corporation, the federal agricultural mortgage corporation, or\nany other entity that in a bona fide manner buys or sells loans or\ninterests in loans;\n  (vii) A person that insures or guarantees against a default in the\nrepayment of an extension of credit, or acts as a surety with respect to\nan extension of credit, to a nonaffiliated person; and\n  (viii) A person that provides title insurance and that acquires a site\nas a result of assignment or conveyance in the course of underwriting\nclaims and claims settlement.\n  (6) The term "operational function" includes a function such as that\nof a site or plant manager, operations manager, chief operating officer,\nor chief executive officer.\n  (7) The term "security interest" includes a right under a mortgage,\ndeed of trust, assignment, judgment, lien, pledge, security agreement,\nfactoring agreement, or lease, and any other right accruing to a person\nto secure the repayment of money, the performance of a duty, or any\nother obligation by a nonaffiliated person.\n  2. Municipal exemption. (a) For the purposes of this title no\nmunicipality or public corporation shall incur any liability from any\nstatutory claims of the state as an owner or operator of a site, or a\nperson responsible for the disposal of a hazardous waste at such site:\n  (i) if such municipality or public corporation acquired such site\ninvoluntarily, and such municipality or public corporation retained such\nsite without participating in the development of such site;\n  (ii) with respect to an airport or fire training site, if such site is\nowned or operated by such municipality, public corporation, or fire\ndistrict and at which firefighting foam containing PFAS chemicals was\nused pursuant to law; or\n  (iii) with respect to a landfill, if such landfill is owned or\noperated by the municipality or public corporation.\n  (b) This exemption shall not apply to any municipality or public\ncorporation that through action or inaction has intentionally,\nknowingly, recklessly, or through gross negligence caused or contributed\nto the release or threatened release of a hazardous waste from or onto\nthe site, or to any municipality or public corporation that\nintentionally, knowingly, recklessly, or through gross negligence\ngenerated, transported, or disposed of, arranged for, or caused the\ngeneration, transportation, or disposal of hazardous waste, from or onto\nthe site.\n  (c) When used in this section:\n  (1) "Public corporation" means a public corporation as defined in\nsection sixty-five of the general construction law, a local public\nauthority, supervisory district, improvement district within a county,\ncity, town, or village, or Indian nation or tribe recognized by the\nstate or the United States with a reservation wholly or partly within\nthe boundaries of New York state, or any combination thereof.\n  (2) "Involuntary acquisition of ownership or control" includes but is\nnot limited to the following:\n  (i) Acquisitions by a public corporation in its sovereign capacity,\nincluding but not limited to acquisitions pursuant to abandonment\nproceedings or bequest;\n  (ii) Acquisitions by a public corporation, or its agent, acting as a\nconservator or receiver pursuant to a clear and direct statutory mandate\nor regulatory authority;\n  (iii) Acquisitions of assets through foreclosure and its equivalents,\nor otherwise, by a public corporation in the course of administering a\nloan, loan guarantee, tax lien, or tax forbearance agreement, or loan\ninsurance program; or\n  (iv) Acquisitions by a public corporation pursuant to seizure,\ninjunction, condemnation, or forfeiture authority; provided that such\nownership or control is not retained primarily for investment purposes.\n  (3) "Airport" shall have the same meaning as provided in subdivision\nfive of section two hundred forty of the general business law.\n  (4) "Landfill" shall mean an inactive municipal solid waste site where\nsolid waste was intentionally placed and intended to remain and which\nwas designed, constructed, operated, and closed pursuant to this chapter\nto minimize adverse environmental impacts and which was either (i)\npermitted by the department, or (ii) for a non-permitted site, had\nmaterially complied with requirements for permitting in accordance with\ndepartment regulations to the extent the information is reasonably\nverifiable.\n  (5) "Firefighting foam containing PFAS chemicals" shall mean class B\nfirefighting foam, as defined in paragraph (a) of subdivision one of\nsection two hundred four-g of the general municipal law, that contains\nintentionally added perfluoroalkyl and polyfluoroalkyl substances, as\ndefined in paragraph (d) of subdivision one of section two hundred\nfour-g of the general municipal law.\n  (d) For the purpose of this section, the terms "foreclosure" and\n"foreclose" mean, respectively, acquiring or to acquire a property\nthrough:\n  (1) purchase at sale under a judgment or decree, power of sale, or\nnon-judicial foreclosure sale;\n  (2) a deed in lieu of foreclosure, or similar conveyance, or\nabandonment from a person or trustee;\n  (3) conveyance pursuant to an extension of credit or tax forbearance\npreviously contracted; or\n  (4) any other formal or informal manner by which a person acquires,\nfor subsequent disposition, title to or possession of a site in order to\nprotect the security interest of the public corporation or lender.\n  (e) "Participating in development" means the carrying out, or causing\nor permitting the carrying out, of any above-grade improvements to the\nsite or any other environmental investigation or remediation, except for\nthose improvements which are part of a site remedial program pursuant to\nthis article or in furtherance of site safety, such as fencing or\nlighting, but does not include licensing, regulatory oversight, or the\nmere capacity to regulate or influence, or the unexercised right to\ncontrol the operation of the property. For purposes of this section,\nparticipating in development does not include:\n  (1) having the capacity to influence management of a site;\n  (2) having the unexercised right to control or to regulate the site or\noperations thereof;\n  (3) holding, abandoning, or releasing a security interest or tax lien\non such site;\n  (4) including a condition relating to environmental compliance in a\ncontract, permit, license, or security agreement;\n  (5) monitoring or enforcing the terms and conditions of an agreement\nor tax forbearance agreement;\n  (6) monitoring or undertaking one or more inspections of a site\nincluding, but not limited to, boring test wells;\n  (7) exercising other remedies available under applicable laws;\n  (8) licensing, permitting, or granting permits, certificates of\noccupancy and variances as allowed by law and/or regulation;\n  (9) applying for or participating in federal or state statutory\nprograms or benefits; or\n  (10) declining to take any of the actions described in subparagraphs\none through nine of this paragraph.\n  (f) Any municipality or public corporation that has taken possession\nof a site, or owns or operates a site, pursuant to this subdivision,\nshall notify the department of any release of hazardous waste within ten\ndays of obtaining actual knowledge of such release, unless a shorter\nnotice period is required under any other provision of law, in which\ncase the shorter notice period controls. Failure to notify the\ndepartment within the ten day or shorter notification period shall\nresult in the loss of the exemption set forth in this section.\n  3. Fiduciary liability cap. For the purpose of this title, liability\non the part of a fiduciary shall not exceed the assets held in the\nfiduciary capacity if such person is not liable independently of such\nperson's ownership as a fiduciary or actions taken in a fiduciary\ncapacity including, but not limited to, the fiduciary's negligently\ncausing or contributing to the release or threatened release of\nhazardous waste at such site.\n  (a) For purposes of this subdivision:\n  (1) the term "fiduciary" means a person acting for the benefit of\nanother party as a bona fide trustee; executor; administrator;\ncustodian; guardian of estates or guardian ad litem; receiver;\nconservator; committee of estates of incapacitated person; personal\nrepresentative; trustee (including a successor to a trustee) under an\nindenture agreement, trust agreement, lease, or similar financing\nagreement, for debt securities, certificates of interest or certificates\nof participation in debt securities, or other forms of indebtedness as\nto which the trustee is not, in the capacity of trustee, the lender; or\nrepresentative in any other capacity that the department, after\nproviding public notice, determines to be similar to the various\ncapacities previously described in this paragraph; and does not include\neither a person that is acting as a fiduciary with respect to a trust or\nother fiduciary estate that was organized for the primary purpose of, or\nis engaged in, actively carrying on a trade or business for profit,\nunless the trust or other fiduciary estate was created as part of, or to\nfacilitate, one or more estate plans or because of the incapacity of a\nnatural person or a person that acquires ownership or control of a\nproperty with the objective purpose of avoiding liability of the person\nor any other person.\n  (2) the term "fiduciary capacity" means the capacity of a person in\nholding title to a property, or otherwise having control of or an\ninterest in a property, pursuant to the exercise of the responsibilities\nof the person as a fiduciary.\n  (b) Nothing in this subdivision affects the rights or immunities or\nother defenses that are available under law that are applicable to a\nperson subject to this section; or creates any liability for a person or\na private right of action against a fiduciary or any other person.\n  (c) Nothing in this subdivision applies to a person if that person\nacts in a capacity other than that of a fiduciary or in a beneficiary\ncapacity and in that capacity, directly or indirectly, benefits from a\ntrust or fiduciary relationship; or is a beneficiary and a fiduciary\nwith respect to the same fiduciary estate and, as a fiduciary, receives\nbenefits that exceed customary or reasonable compensation, and\nincidental benefits, permitted under other applicable law.\n  (d) This subdivision does not preclude a claim under this chapter\nagainst the assets of the estate or trust administered by the fiduciary;\nor a nonemployee agent or independent contractor retained by a\nfiduciary.\n  4. Affirmative defenses. (a) There shall be no liability under this\ntitle for a person otherwise liable who can establish by a preponderance\nof the evidence that the significant threat to the environment\nattributable to hazardous waste disposed at an inactive hazardous waste\ndisposal site was caused solely by: (1) an act of God; (2) an act of\nwar; or (3) an act or omission of a third party other than an employee\nor agent of such person, or than one whose act or omission occurs in\nconnection with a contractual relationship existing directly or\nindirectly with such person (except where the sole contractual\narrangement arises from a published tariff and acceptance for carriage\nby a common carrier or rail), if such person establishes by a\npreponderance of the evidence that: (i) such person exercised due care\nwith respect to the hazardous waste concerned, taking into consideration\nthe characteristics of such hazardous waste, in light of all relevant\nfacts and circumstances, and (ii) took precautions against foreseeable\nacts or omissions of any such third party and the consequences that\ncould foreseeably result from such acts or omissions; or any combination\nof them.\n  (b) For purposes of this section, (1) the term "act of God" means an\nunanticipated grave natural disaster or other natural phenomenon of an\nexceptional, inevitable, and irresistible character, the effects of\nwhich could not have been prevented or avoided by the exercise of due\ncare or foresight, (2) the term "contractual relationship" includes, but\nis not limited to, land contracts, deeds, or other instruments\ntransferring title or possession, unless the real property on which the\nsite concerned is located was acquired by such person after the disposal\nor placement of the hazardous waste on, in, or at such site, and such\nperson establishes one or more of the circumstances described in clause\n(i), (ii), or (iii) of this subparagraph by a preponderance of the\nevidence:\n  (i) At the time such person acquired the site, such person did not\nknow and had no reason to know that any hazardous waste which is the\nsubject of the significant threat determination was disposed of on, in,\nor at the site; or\n  (ii) Such person is a government entity which acquired the site by\nescheat, or through any other involuntary transfer or acquisition or\nthrough the exercise of eminent domain authority by purchase or\ncondemnation; or\n  (iii) Such person acquired the site by inheritance or bequest. In\naddition to establishing the foregoing, the person must establish that\nhe or she has satisfied the requirements of clauses (i) and (ii) of\nsubparagraph three of paragraph (a) of this subdivision, provides full\ncooperation, assistance, and site access to the persons that are\nauthorized to conduct remedial actions at the site (including the\ncooperation and access necessary for the installation, integrity,\noperation, and maintenance of any complete or partial remedial action at\nthe site), is in compliance with any land use restrictions established\nor relied on in connection with the remedial action at a site, and does\nnot impede the effectiveness or integrity of any institutional and/or\nengineering control employed at the site in connection with a remedial\naction.\n  (c)(1) To establish that the person had no reason to know of the\nmatter described in clause (i) of subparagraph two of paragraph (b) of\nthis subdivision, the person must demonstrate to a court that:\n  (i) on or before the date on which the person acquired the site, the\nperson carried out all appropriate inquiries, as provided in\nsubparagraphs two and four of this paragraph, into the previous\nownership and uses of the site in accordance with generally accepted\ngood commercial and customary standards and practices; and\n  (ii) the person took reasonable steps to:\n  (A) stop any continuing release;\n  (B) prevent any threatened future release; and\n  (C) prevent or limit any human, environmental, or natural resource\nexposure to any previously released hazardous waste.\n  (2) Not later than one year after the effective date of this section,\nthe commissioner shall by regulation establish standards and practices\nfor the purpose of satisfying the requirement to carry out all\nappropriate inquiries under subparagraph one of this paragraph.\n  (3) In promulgating regulations that establish the standards and\npractices referred to in subparagraph two of this paragraph, the\ncommissioner shall include each of the following:\n  (i) the results of an inquiry by an environmental professional;\n  (ii) interviews with past and present owners, operators, and occupants\nof the site for the purpose of gathering information regarding the\npotential for contamination at the site;\n  (iii) reviews of historical sources, such as chain of title documents,\naerial photographs, building department records, and land use records,\nto determine previous uses and occupancies of the real property since\nthe property was first developed;\n  (iv) searches for recorded environmental cleanup liens against the\nsite that are filed under federal, state, or local law;\n  (v) reviews of federal, state, and local government records, waste\ndisposal records, underground storage tank records, and hazardous waste\nhandling, generation, treatment, disposal, and spill records, concerning\ncontamination at or near the site;\n  (vi) visual inspections of the site and of adjoining properties;\n  (vii) specialized knowledge or experience on the part of the person;\n  (viii) the relationship of the purchase price to the value of the\nproperty, if the property was not contaminated;\n  (ix) commonly known or reasonably ascertainable information about the\nproperty;\n  (x) the degree of obviousness of the presence or likely presence of\ncontamination at the property, and the ability to detect the\ncontamination by appropriate investigation.\n  (4)(i) With respect to property purchased before May thirty-first,\nnineteen hundred ninety-seven, in making a determination with respect to\na person described in subparagraph one of this paragraph a court shall\ntake into account:\n  (A) any specialized knowledge or experience on the part of the person;\n  (B) the relationship of the purchase price to the value of the\nproperty, if the property was not contaminated;\n  (C) commonly known or reasonably ascertainable information about the\nproperty;\n  (D) the obviousness of the presence or likely presence of\ncontamination at the property; and\n  (E) the ability of the person to detect the contamination by\nappropriate inspection.\n  (ii) With respect to property purchased on or after May thirty-first,\nnineteen hundred ninety-seven, and until the commissioner promulgates\nthe regulations described in subparagraph two of this paragraph, the\nprocedures of the American Society for Testing and Materials, including\nthe document known as "Standard E1527-97", entitled 'Standard Practice\nfor Environmental Site Assessment: Phase 1 Environmental Site Assessment\nProcess', shall satisfy the requirements in subparagraph one of this\nparagraph.\n  (5) In the case of property for residential use or other similar use\npurchased by a nongovernmental or noncommercial entity, a site\ninspection and title search that reveal no basis for further\ninvestigation shall be considered to satisfy the requirements of this\nsubparagraph.\n  (d) Nothing in this subdivision shall diminish the liability of any\nprevious owner or operator of the site who would otherwise be liable\nunder this title. Notwithstanding this subdivision, if such person\nobtained actual knowledge of the release or threatened release of a\nhazardous waste at the site when such person owned the site and then\nsubsequently transferred ownership of the site to another person without\ndisclosing such knowledge, such person shall be treated as a person\nresponsible for the disposal of hazardous waste at the site, and no\ndefense under this subdivision shall be available to such person.\nNothing in this subdivision shall affect the liability under this\nsection of a person who, by any act or omission, caused or contributed\nto the release or threatened release of a hazardous waste which is the\nsubject of such proceeding relating to such site.\n  5. Bona fide prospective purchaser. (a) The term "bona fide\nprospective purchaser" means, with respect to a site:\n  (1) a person who:\n  (i) acquires ownership of the site after October seventh, two thousand\nthree; and\n  (ii) establishes by a preponderance of the evidence each of the\ncriteria described in paragraph (b) of this subdivision; and\n  (2) a person:\n  (i) who acquires a leasehold interest in the site after October\nseventh, two thousand three;\n  (ii) who establishes by a preponderance of the evidence that the\nleasehold interest is not designed to avoid liability under this title\nby any person; and\n  (iii) with respect to whom any of the following conditions apply:\n  (A) The owner of the site that is subject to the leasehold interest is\na person described in subparagraph one of this paragraph.\n  (B)(I) The owner of the site that is subject to the leasehold interest\nwas a person described in subparagraph one of this paragraph at the time\nthe leasehold interest was acquired, but can no longer establish by a\npreponderance of the evidence each of the criteria described in\nparagraph (b) of this subdivision due to circumstances unrelated to any\naction of the person who holds the leasehold interest; and\n  (II) The person who holds the leasehold interest establishes by a\npreponderance of the evidence each of the criteria described in\nsubparagraphs one, three, four, five, six, seven, and eight of paragraph\n(b) of this subdivision.\n  (C) The person who holds the leasehold interest establishes by a\npreponderance of the evidence each of the criteria described in\nparagraph (b) of this subdivision.\n  (b) Criteria. The criteria described in this paragraph are as follows:\n  (1) Disposal prior to acquisition. All disposal of hazardous waste at\nthe site occurred before the person acquired the site.\n  (2) Inquiries. (i) In general. The person made all appropriate\ninquiries into the previous ownership and uses of the site in accordance\nwith generally accepted good commercial and customary standards and\npractices in accordance with clause (ii) of this subparagraph.\n  (ii) Standards and practices. The standards and practices referred to\nin subparagraphs two, four, and five of paragraph (c) of subdivision\nfour of this section shall be considered to satisfy the requirements of\nthis subparagraph.\n  (3) Notices. The person provides all legally required notices with\nrespect to the discovery or disposal of any hazardous waste at the site.\n  (4) Care. The person exercises appropriate care with respect to\nhazardous waste found at the site by taking reasonable steps to:\n  (i) stop any continuing disposal;\n  (ii) prevent any threatened future disposal; and\n  (iii) prevent or limit human, environmental, or natural resource\nexposure to any previously disposed hazardous waste.\n  (5) Cooperation, assistance, and access. The person provides full\ncooperation, assistance, and access to persons that are authorized to\nconduct response actions or natural resource restoration at a site\n(including the cooperation and access necessary for the installation,\nintegrity, operation, and maintenance of any complete or partial\nresponse actions or natural resource restoration at the site).\n  (6) Institutional control. The person:\n  (i) is in compliance with any land use restrictions established or\nrelied on in connection with the response action at a site; and\n  (ii) does not impede the effectiveness or integrity of any\ninstitutional control employed at the site in connection with a response\naction.\n  (7) Requests; subpoenas. The person complies with any request for\ninformation or administrative subpoena issued by the commissioner under\nthis chapter.\n  (8) No affiliation. The person is not:\n  (i) potentially liable, or affiliated with any other person that is\npotentially liable, for response costs at a site through:\n  (A) any direct or indirect familial relationship; or\n  (B) any contractual, corporate, or financial relationship (other than\na contractual, corporate, or financial relationship that is created by\nthe instruments by which title to the facility is conveyed or financed,\nby a tenancy, by the instruments by which a leasehold interest in the\nsite is created, or by a contract for the sale of goods or services); or\n  (ii) the result of a reorganization of a business entity that was\npotentially liable.\n
N.Y. PBA Law § 2052-R — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-R
Separability
Status: in_force

§ 2052-r. 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. ENV Law § 27-1327 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1327
Recovery of response costs and natural resource damages
Status: in_force

§ 27-1327. Recovery of response costs and natural resource damages.\n  1. Each responsible person shall be strictly liable, jointly and\nseverally, for all response costs and for all natural resource damages\nresulting from the disposal of hazardous waste at an inactive hazardous\nwaste disposal site. The commissioner may request the attorney general\ncommence an action in a court of competent jurisdiction to recover the\nresponse costs and/or natural resource damages. The commissioner shall\nprioritize recovering response costs and natural resource damages at\nsites placed in classification 1 or 2, as described in clauses (i) and\n(ii) of subparagraph one of paragraph b of subdivision two of section\n27-1305 of this title, that are located in disadvantaged communities.\n  2. A determination or assessment of natural resource damages for the\npurposes of this section made or adopted by the commissioner in\naccordance with any applicable regulations promulgated under section\n27-1315 of this title or under section 9651(c) of title 42 of the United\nStates Code shall have the force and effect of a rebuttable presumption\non behalf of the commissioner in any judicial proceeding.\n  3. In an action to recover response costs and/or natural resource\ndamages, the commissioner may also seek civil penalties under section\n71-2705 of this chapter.\n  4. All amounts received to satisfy liability for natural resource\ndamages shall be credited to the department's natural resource damages\nfund to be used exclusively to reimburse the reasonable costs of\nassessing injury, destruction, and/or loss resulting from the disposal\nof hazardous waste at the site for which the natural resource damages\nwere recovered and for the restoration, rehabilitation, replacement,\nand/or acquisition of equivalent natural resources. Provided that any\nsuch restoration, rehabilitation, replacement and/or acquisition shall\nprioritize, to the maximum extent practicable, the natural resources of\nthe site for which the damages were recovered.\n  5. The state shall have an environmental lien for all response costs\nincurred by the state and for all natural resource damages for which a\njudicial determination of liability has been made upon such real\nproperty located within the state:\n  (a) owned by a person liable to the state for such response costs\nand/or natural resource damages under this title at the time a notice of\nenvironmental lien is filed; and\n  (b) upon which the disposal of hazardous wastes occurred.\n  6. An environmental lien shall attach when:\n  (a) response costs are incurred by the state and/or a judicial\njudgment of liability for natural resource damages is entered;\n  (b) the responsible person fails to pay such costs within ninety days\nafter a written demand therefor by the department is mailed by certified\nor registered mail, return receipt requested, and/or fails to pay such\nnatural resource damages within ninety days after entry of judgment; and\n  (c) a notice of environmental lien is filed by the department as\nprovided in paragraph (a) of subdivision ten of this section; provided,\nhowever, that a copy of the notice of environmental lien is served upon\nthe owner of the real property subject to the environmental lien within\nthirty days of such filing in accordance with the provisions of section\neleven of the lien law.\n  7. (a) An environmental lien shall continue against the real property\nuntil:\n  (i) the claim or judgment against the person referred to in\nsubdivision one of this section for response costs and/or natural\nresource damages is satisfied or becomes unenforceable;\n  (ii) the lien is released by the commissioner pursuant to this\nsubdivision;\n  (iii) the lien is discharged by payment of monies into court; or\n  (iv) the lien is otherwise vacated by court order.\n  (b) Upon the occurrence of any event under subparagraphs (i) through\n(iv) of paragraph (a) of this subdivision, except where the lien is\nvacated by court order, the commissioner shall execute the release of an\nenvironmental lien and file the release as provided in subdivision ten\nof this section. The commissioner may release an environmental lien\nwhere:\n  (i) a legally enforceable agreement satisfactory to the commissioner\nhas been executed relating to the response costs and/or natural resource\ndamages that are the subject of the lien; or reimbursing the state for\nsuch response costs and/or natural resource damages; or an owner or\noperator of the site subject to the lien agrees to perform remedial\nwork, site management, or other in-kind services of sufficient value to\nthe commissioner; or\n  (ii) the attachment or enforcement of the environmental lien is\ndetermined by the commissioner not to be in the public interest.\n  8. An environmental lien is subject to the rights of any other person,\nincluding an owner, purchaser, holder of a mortgage or security\ninterest, or judgment lien creditor, whose interest is perfected before\na lien notice has been filed as provided in subdivision ten of this\nsection.\n  9. A notice of environmental lien shall state:\n  (a) that the lienor is the state of New York;\n  (b) the name of the record owner of the real property on which the\nenvironmental lien has attached;\n  (c) the real property subject to the lien, with a description thereof\nsufficient for identification;\n  (d) that the real property described in the notice is the property\nupon which a disposal of hazardous wastes occurred and that response\ncosts have been incurred by the lienor and/or that natural resource\ndamages have been judicially determined to be due to the lienor as a\nresult of such disposal;\n  (e) that the owner is potentially liable for response costs and/or\nsubject to a judgment for natural resource damages pursuant to this\ntitle; and\n  (f) that an environmental lien has attached to the described real\nproperty.\n  10. (a) A notice of environmental lien shall be filed in the clerk's\noffice of the county where the property is situated. If such property is\nsituated in two or more counties, the notice of environmental lien shall\nbe filed in the office of the clerk of each of such counties. The notice\nof lien shall be indexed by the county clerk in accordance with the\nprovisions of section ten of the lien law. The notice of lien shall be\nserved upon the owner of the real property subject to the lien in\naccordance with the provisions of section eleven of the lien law.\n  (b) A release of an environmental lien shall be filed in the clerk's\noffice of each county where the notice of environmental lien was filed\nand shall be indexed in the manner prescribed for indexing environmental\nliens.\n  11. An environmental lien may be enforced against the property\nspecified in the notice of environmental lien, and an environmental lien\nmay be vacated or discharged, as prescribed in article three of the lien\nlaw; provided, however, that nothing in this article or in article three\nof the lien law shall affect the right of the state to bring an action\nto recover response costs and/or natural resource damages under section\none hundred seven of the federal comprehensive environmental response,\ncompensation, and liability act (42 U.S.C. § 9607 et seq).\n  12. Amounts received by the commissioner to satisfy all or part of an\nenvironmental lien for response costs shall be deposited in the\ndepartment's hazardous waste remedial fund and amounts received to\nsatisfy all or part of an environmental lien for natural resource\ndamages shall be deposited in the department's natural resource damages\nfund.\n  13. Environmental windfall liens. (a) A bona fide prospective\npurchaser whose liability under this title and/or 42 U.S.C. § 9607 et\nseq. arises solely from being considered an owner or operator of such\nsite shall not be subject to this subdivision as long as the bona fide\nprospective purchaser does not impede the performance of a response\naction or natural resource restoration.\n  (b) If there are unrecovered response costs incurred by the department\nat an inactive hazardous waste disposal site for which an owner or\noperator of the site is not liable by reason of paragraph (a) of this\nsubdivision, and if each of the conditions described in paragraph (c) of\nthis subdivision are met, the department shall have an environmental\nwindfall lien on the facility, or may by agreement with the owner or\noperator, obtain from the owner or operator a lien on any other property\nor other assurance of payment satisfactory to the department, for the\nunrecovered response costs.\n  (c) The conditions referred to in paragraph (b) of this subdivision\nare the following:\n  (i) A response action for which there are unrecovered costs of the\ndepartment is carried out at the inactive hazardous waste disposal site.\n  (ii) The response action increases the fair market value of the site\nabove the fair market value of the site before the response action was\ninitiated.\n  (d) An environmental windfall lien under paragraph (b) of this\nsubdivision:\n  (i) shall be in an amount not to exceed the lesser of:\n  (A) the incremental increase in fair market value of the property,\nabove the fair market value before the response action was initiated,\nattributable to the response action at the time of a sale or other\ndisposition of the property; or\n  (B) any unrecovered response costs not subject to an environmental\nlien attached to the property pursuant to subdivision five of this\nsection;\n  (ii) shall arise at the time at which costs are first incurred by the\ndepartment with respect to a response action at the site; and\n  (iii) shall be subject to the requirements of subdivisions seven,\neight, nine, ten, eleven, and twelve of this section.\n  14. (a) Contribution. Any person may seek contribution from any other\nperson who is liable or potentially liable under this title during or\nfollowing any civil action under this section. Such claims shall be\nbrought in accordance with this section and the civil practice law and\nrules, and shall be governed by New York state law. In resolving\ncontribution claims, the court may allocate response costs among liable\nparties using such equitable factors as the court determines are\nappropriate. Nothing in this subdivision shall diminish the right of any\nperson to bring an action for contribution in the absence of a civil\naction under this section.\n  (b) Settlement. A person who has resolved its liability to the state\nin an administrative or judicially approved settlement shall not be\nliable for claims for contribution regarding matters addressed in the\nsettlement. Such settlement does not discharge any of the other\npotentially liable persons unless its terms so provide, but it reduces\nthe potential liability of the others by the amount of the settlement.\n  (c) Persons not party to settlement. (i) If the state has obtained\nless than complete relief from a person who has resolved its liability\nto the state in an administrative or judicially approved settlement, the\nstate may bring an action against any person who has not so resolved its\nliability.\n  (ii) A person who has resolved its liability to the state for some or\nall of a response action or for some or all of the costs of such action\nin an administrative or judicially approved settlement may seek\ncontribution from any person who is not party to a settlement referred\nto in paragraph (b) of this subdivision.\n  (iii) In any action under this paragraph, the rights of any person who\nhas resolved its liability to the state shall be subordinate to the\nrights of the state.\n  15. (a) Limitation on claims. No new action under this title may be\ncommenced for natural resource damages or response costs for an inactive\nhazardous waste site that was the subject of any previous action\ncommenced prior to the effective date of the chapter of the laws of two\nthousand twenty-five which added this subdivision, regardless of: the\nvenue in which such previous action was commenced; the statutory or\ncommon law source of such action, including settlement agreements; the\ncompleteness or totality of permissible recovery of such action; or the\nfinality of any such action.\n  (b) Actions for natural resource damages. Except as provided in\nparagraphs (d) and (e) of this subdivision, an initial action under this\ntitle for natural resource damages that occurs after the effective date\nof the chapter of the laws of two thousand twenty-five which added this\nsubdivision, shall be commenced within three years after the later of\nthe following:\n  (i) the date of the discovery of the loss and its connection with the\nrelease in question; or\n  (ii) for any facility listed on the federal National Priorities List,\nany site listed on the New York state registry of inactive hazardous\nwaste disposal sites, or any site at which a remedial action under this\nchapter is otherwise scheduled: the date of completion of the remedial\naction, excluding operation and maintenance activities.\n  (c) Actions for response costs. An initial action for recovery of\nresponse costs that occurs after the effective date of the chapter of\nthe laws of two thousand twenty-five which added this subdivision shall\nbe commenced:\n  (i) for a removal action, as defined by the department in regulation,\nwithin three years after completion of the removal action, except that\nsuch cost recovery action shall be commenced within six years after a\ndetermination that continued response action is otherwise appropriate\nand consistent with the remedial action to be taken for continued\nresponse action; and\n  (ii) for a remedial action, as defined by the department in\nregulation, within six years after initiation of physical on-site\nconstruction of the remedial action, except that, if the remedial action\nis initiated within three years after the completion of the removal\naction, costs incurred in the removal action may be recovered in the\ncost recovery action brought under this subparagraph.\n  (d) Declaratory judgment. In any such action described in this\nsubdivision, the court shall enter a declaratory judgment on liability\nfor response costs or natural resource damages that will be binding on\nany subsequent action or actions under this title to recover further\nresponse costs or damages. A subsequent action or actions under this\nsection for further response costs at the facility or site may be\nmaintained at any time during the response action, but must be commenced\nno later than three years after the date of completion of all response\naction. Except as otherwise provided in this paragraph, an action may be\ncommenced under this section for recovery of costs at any time after\nsuch costs have been incurred.\n  (e) Limitations on actions. No action for contribution for any\nresponse costs or natural resource damages may be commenced more than\nthree years after:\n  (i) the date of judgment in any action under this section for recovery\nof such costs or damages; or\n  (ii) the date of a judicially approved settlement with respect to such\ncosts or damages.\n
N.Y. PBA Law § 2050-I — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-I
Remedies of bondholders
Status: in_force

§ 2050-i. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (j) of subdivision three of\nsection two thousand fifty-h of this title:\n  1. In the event that the agency 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 agency 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\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurpose herein provided.\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 agency to collect rents, rates and charges adequate to carry\nout any agreement as to, or pledge of such rents, rates and charges and\nto require the agency to carry out any other agreements with the holders\nof 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 agency 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.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the agency.\n  6. Any such trustee whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\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 with\nholders of such bonds, shall take possession of all moneys and other\nproperty derived from such part or parts of the project and proceed with\nany construction thereon or the acquisition of any property, real or\npersonal, in connection therewith that the agency is under obligation to\ndo, and to operate, maintain and reconstruct such part or parts of the\nproject and collect and receive all revenues thereafter arising\ntherefrom subject to any pledge thereof or agreement with bondholders\nrelating thereto and perform the public duties and carry out the\nagreements and obligations of the agency under the direction of the\ncourt. 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 § 2052-Q — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-Q
Environmental applications, proceedings, approvals and permits
Status: in_force

§ 2052-q. Environmental applications, proceedings, approvals and\npermits. 1. Any application in relation to the purposes of or\ncontemplated by this title heretofore filed, or any proceeding\nheretofore commenced, or any determination or decision heretofore made\nby the county or any municipality and sent to or filed with the state\ndepartment of environmental conservation or any other state agency or\ninstrumentality 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 had been a party to such application or\nproceeding from its inception, and the authority shall be deemed a party\nthereto, to the extent not prohibited by any federal law. Any license,\napproval, permit or decision heretofore or hereafter issued or granted\npursuant to or as a result of any such application or proceeding shall\ninure to the benefit of and be binding upon the authority and shall be\nassigned and transferred by the county or any such municipality to the\nauthority, unless such assignment and transfer is prohibited by federal\nlaw.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any project financed in whole or in part by the\nauthority.\n
N.Y. PBA Law § 2050-DD — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-DD
Advances on behalf of authority; transfer of property to authority; acquisition of property for authority
Status: in_force

§ 2050-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 towns may, from\ntime to time, appropriate by resolution sums of money to defray project\ncosts or any other costs and expenses of the authority.  Subject to the\nrights of bondholders, each such legislative body may determine if the\nmoneys so appropriated shall be subject to repayment by the authority to\nany such town and, in such event, the manner and time or times for such\nrepayment. The towns 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 town or other municipality may agree. Any such gifts, grant, sale,\nconveyance, loan or license shall not be subject to referendum,\npermissive or mandatory.\n  2. The towns may acquire by purchase or condemnation real property in\nthe name of such towns or town for any corporate purpose of the\nauthority.\n
N.Y. PBA Law § 2050-RR — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-RR
Audit and annual report
Status: in_force

§ 2050-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 each legislative body. The authority shall comply\nwith the provisions of sections two thousand eight hundred one, two\nthousand eight hundred two and two thousand eight hundred three of title\none of article nine of this chapter.\n
N.Y. ENV Law § 71-1311 — New York Code / Act ENV / Article 71 / Title 13 / Section 71-1311
Injunction against violations
Status: in_force

§ 71-1311. Injunction against violations.\n  1. Whenever it appears that any person is violating or threatening to\nviolate any provision of article 23 of this chapter or is committing any\noffense described in section 71-1305 of this title, the department,\nacting by the Attorney General, may bring suit against such person in\nany court of competent jurisdiction to restrain such person from\ncontinuing such violation or from carrying out the threat of violation.\nIn any such suit, the court shall have jurisdiction to grant to the\ndepartment without bond or other undertaking, such prohibitory or\nmandatory injunctions as the facts may warrant, including temporary\nrestraining orders and preliminary injunctions.\n  2. If the department, acting by the Attorney General, shall fail to\nbring suit to enjoin a violation or threatened violation of any\nprovision of article 23, or any rule, regulation, or order of the\ndepartment made pursuant hereto, within ten days after receipt of\nwritten request to do so by any person who is or will be adversely\naffected by such violation, the person making such request may bring\nsuit in his own behalf to restrain such violation or threatened\nviolation in any court in which the department might have brought suit.\nThe department shall be made a party in such suit in addition to the\nperson violating or threatening to violate a provision of article 23, or\na rule, regulation, or order of the department, and the action shall\nproceed and injunctive relief may be granted to the department without\nbond, or other undertaking in the same manner as if suit had been\nbrought by the department.\n
N.Y. PBA Law § 2046-R — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-R
Limited liability
Status: in_force

§ 2046-r. Limited liability. Neither the directors of the agency, nor\nthe town or any other municipality, nor any person, or persons acting in\nbehalf of the agency, while acting within the scope of their authority,\nshall be subject to any personal liability resulting from the erection,\nconstruction, reconstruction, maintenance or operation of any project or\nfrom carrying out any of the powers expressly given in this title;\nprovided, however, that this section shall not be held to apply to any\nindependent contractor.\n
N.Y. ENV Law § 71-1303 — New York Code / Act ENV / Article 71 / Title 13 / Section 71-1303
Subpoenas, testimony and enforcement thereof
Status: in_force

§ 71-1303. Subpoenas, testimony and enforcement thereof.\n  1. To aid in the administration of article 23, the commissioner or any\nperson designated by him may issue subpoenas in his name requiring the\nattendance and giving of testimony by witnesses and the production of\nbooks, papers and other evidence for any hearing, proceeding or\ninvestigation conducted or to be conducted by or before the department.\nService of such a subpoena, enforcement of obedience thereto, and\npunishment for disobedience thereof shall be had as and in the manner\nprovided by the civil practice law and rules relating to enforcement of\nany subpoena issued by a board or committee except that in the case of\nhearings, proceedings or investigations before or conducted by the\ndepartment neither the holder of a permit or lease issued pursuant to\narticle 23, nor an employee of such permit holder or lessee, nor an\nofficer or stockholder in a permittee or lessee corporation, when\nrequired to attend as a witness, shall be entitled to any subpoena fee\nor mileage. Any member of the department or any person who may be\ndesignated hereunder by the department to hold hearings may administer\noaths to witnesses. The department also may provide for the taking of\ndepositions of witnesses for the purpose of any such hearing. In such\ncase such officer, employee or other person may administer oaths to the\nwitnesses whose depositions are to be taken. Each deposition shall be\nreduced to writing and subscribed by the deponent.\n  2. The provisions of this section shall apply only to the\nadministration of article 23.\n
N.Y. PBA Law § 2049-YY — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-YY
Effect of inconsistent provisions
Status: in_force

§ 2049-yy. Effect of inconsistent provisions. Insofar as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any county charter or any local\nlaw, ordinance or resolution of the counties or any other municipality,\nthe provisions of this title shall be controlling. Nothing contained in\nthis section shall be held to supplement or otherwise expand the powers\nor duties of the authority otherwise set forth in this title. Nothing\ncontained in this title shall be held to alter or abridge the powers and\nduties of the department of environmental conservation or the department\nof health.\n
N.Y. PBA Law § 2052-K — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-K
Construction and purchase contracts
Status: in_force

§ 2052-k. Construction and purchase contracts. The authority shall let\ncontracts for construction or purchase of supplies, materials, or\nequipment pursuant to sections one hundred one and one hundred three of\nthe general municipal law. Nothing in this section shall be construed to\nlimit the powers of the authority to do any construction directly by the\nofficers, agents and employees of the authority.\n
N.Y. ENV Law § 27-1301 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1301
Definitions
Status: in_force

§ 27-1301. Definitions.\n  When used in this title:\n  1. "Hazardous waste" means a waste which appears on the list or\nsatisfies the characteristics promulgated by the commissioner pursuant\nto section 27-0903 of this article and any substance which appears on\nthe list promulgated pursuant to section 37-0103 of this chapter;\nprovided, however, that the term "hazardous waste" does not include:\n  a. Natural gas, natural gas liquids, liquefied natural gas, synthetic\ngas usable for fuel, or mixtures of natural gas and such synthetic gas;\nnor\n  b. The residue of emissions from the engine exhaust of a motor\nvehicle, rolling stock, aircraft, vessel, or pipeline pumping station\nengine; nor\n  c. Source, byproduct, or special nuclear material from a nuclear\nincident, as those terms are defined in the atomic energy act of 1954,\nif such release is subject to requirements with respect to financial\nprotection established under section 170 of such act (42 U.S.C. 2210)\nor, for the purpose of section 104 of the comprehensive environmental\nresponse, compensation and liability act of 1980 (42 U.S.C. 9604), or\nany other response action, any source, byproduct, or special nuclear\nmaterial from any processing site designated under section 102(a)(1) or\n302(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42\nU.S.C. 7912(a)(1) or 7942(a)); nor\n  d. Petroleum as defined in section one hundred seventy-two of the\nnavigation law, even if appearing on the list promulgated pursuant to\nsection 37-0103 of this chapter.\n  2. "Inactive hazardous waste disposal site" means any area or\nstructure used for the long term storage or final placement of hazardous\nwaste including, but not limited to, dumps, landfills, lagoons and\nartificial treatment ponds, as to which area or structure no permit or\nauthorization issued by the department or a federal agency for the\ndisposal of hazardous waste was in effect after the effective date of\nthis title and any inactive area or structure on the National Priorities\nList established under the authority of 42 U.S.C.A. Section 9605.\n  3. "Inactive hazardous waste disposal site remedial program" means\nactivities undertaken to eliminate, remove, abate, control or monitor\nhealth and/or environmental hazards or potential hazards in connection\nwith inactive hazardous waste disposal sites or to treat or dispose of\nwastes and waste contaminated materials from such sites including, but\nnot limited to, grading, contouring, trenching, grouting, capping,\nexcavation, transporting, incineration, chemical treatment, biological\ntreatment or construction of leachate collection and treatment\nfacilities.\n  4. "Person" means an individual, trust, firm, joint stock company,\nlimited liability company, corporation, joint venture, partnership,\nassociation, state, municipality, commission, political subdivision of a\nstate, public benefit corporation or any interstate body. Provided,\nhowever for purposes of this title, person shall not include a person as\ndefined in section 27-1323 of this title.\n  5. "Waste" means any garbage, refuse, sludge from a waste treatment\nplant, water supply treatment plant, or air pollution control facility,\nand other discarded material, whether or not such material may\neventually be used for some other purpose, including solid, liquid,\nsemisolid, or contained gaseous material resulting from industrial,\ncommercial, mining and agricultural operations or from community\nactivities, and source, special nuclear or by-product material as\ndefined in the Atomic Energy Act of 1954, as amended, except as may be\nprovided by existing agreements between the state of New York and the\ngovernment of the United States, but does not include solid or dissolved\nmaterial in domestic sewage, or solid or dissolved materials in\nirrigation return flows or industrial discharges which are point sources\nsubject to permits under article seventeen of this chapter.\n  6. "Disposal" means the abandonment, discharge, deposit, injection,\ndumping, spilling, leaking or placing of any substance so that such\nsubstance or any related constituent thereof may enter the environment.\nDisposal also means the thermal destruction of waste or hazardous waste\nand the burning of such wastes as fuel for the purpose of recovering\nuseable energy.\n  7. "Environment" means any water, water vapor, any land including land\nsurface or subsurface, air, fish, wildlife, biota and all other natural\nresources.\n  8. "Natural resource damages" means the amount of money sought as\ncompensation for injury to, destruction of, or loss of natural\nresources, including the reasonable costs of assessing such injury,\ndestruction, or loss resulting from the disposal of hazardous waste at\nan inactive hazardous waste disposal site. Damages may also include the\nvalue of the natural resource services lost for the time period from the\ndisposal until the attainment of such restoration, rehabilitation,\nreplacement, and/or acquisition of equivalent natural resources.\n  9. "Natural resources" means land, fish, wildlife, biota, air, water,\nand other such resources belonging to, managed by, held in trust by,\nappertaining to, or otherwise controlled by the state or a municipality.\n  10. "Response costs" means the state's costs of developing,\nimplementing, and/or overseeing an inactive hazardous waste disposal\nsite remedial program.\n  11. "Responsible person" or "person responsible" for the disposal of\nhazardous waste at a site means:\n  (a) any person who currently owns or operates a site or any portion\nthereof except for a volunteer, as defined in subdivision one of section\n27-1405 of this article, that is participating under a brownfield\ncleanup agreement pursuant to section 27-1407 of this article, that is\nin full compliance with the requirements of this chapter with respect\nthereto, and is not engaging with the department in bad faith with\nrespect to any provisions of this title;\n  (b) any person who owned or operated a site or any portion thereof at\nthe time of disposal of the hazardous waste;\n  (c) any person who generated any hazardous waste disposed at a site;\n  (d) any person who transported any hazardous waste to a site selected\nby such person;\n  (e) any person who disposed of any hazardous waste at a site;\n  (f) any person who arranged for:\n  (i) the transportation of any hazardous waste to a site; or\n  (ii) the disposal of any hazardous waste at a site; and\n  (g) any other person who is responsible according to the applicable\nprinciples of statutory or common law liability pursuant to subdivision\nfour of section 27-1313 of this title and/or the Comprehensive\nEnvironmental Response, Compensation, and Liability Act ("CERCLA"), 42\nU.S.C. § 9601 et seq.\n  12. "Disadvantaged community" shall have the same meaning as\nsubdivision five of section 75-0101 of this chapter.\n
N.Y. PBA Law § 2049-A — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-A
Short title
Status: in_force

§ 2049-a. Short title. This title shall be known and may be cited as\nthe "town of North Hempstead solid waste management authority act".\n
N.Y. ENV Law § 33-1301 — New York Code / Act ENV / Article 33 / Title 13 / Section 33-1301
Unlawful acts
Status: in_force

§ 33-1301. Unlawful acts.\n  It shall be unlawful:\n  1. For any person to distribute, sell, offer for sale or use within\nthis state or deliver for transportation or transport in intrastate\ncommerce or between points within this state through any point outside\nthis state any of the following:\n  a. Any pesticide which has not been registered pursuant to the\nprovisions of this article or any pesticide if any of the claims made\nfor it or any of the directions for its use differ in substance from the\nrepresentations made in connection with its registration, or if the\ncomposition of a pesticide differs from its composition as represented\nin connection with its registration; provided that in the discretion of\nthe commissioner a change in the labeling or formula of a pesticide may\nbe made within a registration period without requiring reregistration of\nthe product.\n  * b. Except as specified in regulation authorizing alternative\npesticide containers, any pesticide unless it:\n  (1) is in the registrant's or the manufacturer's unbroken immediate\ncontainer, and there is affixed to such container, and to the outside\ncontainer or wrapper of the retail package, if there be one, through\nwhich the required information on the immediate container cannot be\nclearly read, a label bearing (i) the name and address of the\nmanufacturer, registrant, or person for whom manufactured;\n  (ii) the name, brand, or trade-mark under which said article is sold;\nand\n  (iii) the net weight or measure of the content; subject, however, to\nsuch reasonable variations as the commissioner may permit; or\n  (2) meets the requirements of subparagraph one of this paragraph\nexcept that the container has been accidently damaged during handling\nprior to sale and the damage has been repaired by such person in\naccordance with his or her own specific "minor repair program" approved\nby the United States environmental protection agency pursuant to its\nOctober ninth, two thousand nine pesticide container repair interim\npolicy. A copy of the approved program shall be forwarded to the\ndepartment within thirty days of approval and shall be kept at the\nperson's place of business and be available for department review upon\nrequest.\n  * NB Effective until July 1, 2028\n  * b. Except as specified in regulation authorizing alternative\npesticide containers, any pesticide unless it is in the registrant's or\nthe manufacturer's unbroken immediate container, and there is affixed to\nsuch container, and to the outside container or wrapper of the retail\npackage, if there be one, through which the required information on the\nimmediate container cannot be clearly read, a label bearing:\n  (1) The name and address of the manufacturer, registrant, or person\nfor whom manufactured;\n  (2) The name, brand, or trade-mark under which said article is sold;\nand\n  (3) The net weight or measure of the content; subject, however, to\nsuch reasonable variations as the commissioner may permit.\n  * NB Effective July 1, 2028\n  c. Any pesticide which contains any substance or substances in\nquantities highly toxic to man, determined as provided in section\n33-0303, unless the label shall bear, in addition to any other matter\nrequired by this article:\n  (1) The skull and crossbones;\n  (2) The word "poison" prominently, in red, on a background of\ndistinctly contrasting color; and\n  (3) A statement of an antidote for the pesticide.\n  d. The pesticide commonly known as standard lead arsenate, basic lead\narsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc\narsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate,\nunless they have been distinctly colored or discolored as provided by\nregulations issued in accordance with this article, or any other white\npowder pesticide which the commissioner, after investigation of and\nafter public hearing on the necessity for such action for the protection\nof the public health and the feasibility of such coloration or\ndiscoloration, shall, by regulation, require to be distinctly colored or\ndiscolored; unless it has been so colored or discolored; provided, that\nthe commissioner may exempt any pesticide to the extent that it is\nintended for a particular use or uses from the coloring or discoloring\nrequired or authorized by this section if he determines that such\ncoloring or discoloring for such use or uses is not necessary for the\nprotection of the public health.\n  e. Any pesticide which is adulterated or misbranded.\n  2. For any person to detach, alter, deface, or destroy, in whole or in\npart, any label or labeling provided for in this article or regulations\npromulgated hereunder, or to add any substance to, or take any substance\nfrom, a pesticide in a manner that may defeat the purpose of this\narticle.\n  3. For any person to use for his own advantage or to reveal, other\nthan to the commissioner or proper officials or employees of the state\nor to the courts of this state in response to a subpoena, or to\nphysicians, or in emergencies to pharmacists and other qualified\npersons, for use in the preparation of antidotes, any information\nrelative to formulas of products acquired by authority of this article.\n  4. For any person to store or dispose of any pesticide, or of any\ncontainer which holds or has held a pesticide, except in compliance with\nthe rules and regulations of the commissioner.\n  5. For any person to distribute, sell, offer for sale, purchase for\nthe purpose of re-sale, or possess for the purpose of re-sale any\nrestricted use pesticide without a commercial permit issued by the\ncommissioner.\n  6. For a commercial permit holder to sell restricted use pesticides\nexcept to the holder of a non-cancelled purchase permit or to the holder\nof a commercial permit or a certified applicator.\n  7. For any person to purchase or possess, except for the purpose of\nre-sale, or use any restricted use pesticide without a purchase permit\nissued by the commissioner or without being a certified applicator.\n  8. For any person to engage in application of pesticides without a\npesticide applicator certificate registration issued by the\ncommissioner, except while working under the direct supervision of a\ncertified applicator.\n  8-a. For any person or business to engage in the business of applying\npesticides unless the business is registered by the commissioner.\n  9. For any person to use 2,4-D (2,4-Dichlorophenoxyacetic acid),\n2,4-5-T (Trichlorophenoxyacetic acid) or MCP (2 Methyl, 4\nChlorophenoxyacetic acid) within or in proximity to an affected area, in\nviolation of an order of the commissioner prohibiting or restricting\nsuch use.\n  10. For any person to remove or dispose of a seized or quarantined\npesticide by sale or otherwise without the commissioner's permission.\n  11. In cities with a population of one million or more, it shall be\nunlawful to use any pesticide containing the active ingredient\n4-aminopyridine, including but not limited to Avitrol.\n  12. For any state department, agency, public benefit corporation or\nany pesticide applicator employed thereby as a contractor or\nsubcontractor to apply glyphosate on state property, provided that the\napplication of glyphosate on state property is permitted only for (a)\ndirect application in circumstances when there is no actual or\nsignificant threat of direct human exposure and no effective and\npracticable alternative, and (b) for the following uses, pursuant to\nregulations promulgated by the department:\n  (i) to maintain critical infrastructure;\n  (ii) to manage roadside vegetation to ensure public safety;\n  (iii) habitat management for the control of invasive species\nidentified pursuant to title seventeen of article nine of this chapter,\npests of significant public health importance, noxious weeds designated\nby the department as injurious to ecosystem health, and the protection\nof critical native plant species; and\n  (iv) for research purposes to develop sustainable alternatives for\nagricultural and environmental usages, as well as research regarding the\nenvironmental motility of glyphosate.\n  The department shall post information on its website regarding\nglyphosate usage pursuant to this section, including amount and\nlocation, by April first of each year.\n  13. a. It shall be unlawful for any person to apply or treat outdoor\nornamental plants and turf, except for the production of agricultural\ncommodities or structural commercial applications within one foot of a\nbuilding foundation perimeter to manage structural pests provided that\nthe application is not conducted on any blooming plant, with a pesticide\ncontaining:\n  (1) the active ingredients imidacloprid, thiamethoxam or acetamiprid\non or after December thirty-first, two thousand twenty-six;\n  (2) the active ingredients clothianidin or dinotefuran effective\nDecember thirty-first, two thousand twenty-four.\n  b. (1) The provisions of paragraph a of this subdivision shall not\napply where the department, by written order, determines that:\n  (i) a valid environmental emergency exists;\n  (ii) the pesticide would be effective in addressing the environmental\nemergency; and\n  (iii) no other, less harmful pesticide or pest management practice\nwould be effective in addressing the environmental emergency.\n  (2) Any such order shall include the basis for the department's\ndetermination and specify the approved time period, geographic scope,\nand purpose of the permitted use of such pesticide. An order issued\npursuant to this section shall be valid for a period not to exceed one\nyear.\n  c. The provisions of this subdivision shall not apply to pesticide\napplications by, or under the supervision of, a certified applicator for\ntreatment against invasive species affecting woody plants.\n  d. For the purposes of this subdivision "environmental emergency"\nmeans:  an occurrence of any pest which presents a significant risk of\nharm or injury to the environment, or significant harm, injury, or loss\nto agricultural crops, including, but not limited to, any exotic or\nforeign pest.\n  e. Applicators using a pesticide containing the active ingredients\nimidacloprid, thiamethoxam, acetamiprid, clothianidin, or dinotefuran\npursuant to paragraph b or c of this subdivision must take a department\napproved neonicotinoid course annually and maintain a record of this\ncourse for three years.\n
N.Y. PBA Law § 2051-Q — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-Q
Interest in contracts prohibited
Status: in_force

§ 2051-q. 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 or 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. RSS Law § 409-A — New York Code / Act RSS / Article 8 / Title 13 / Section 409-A
Abandonment of amounts payable to beneficiaries; payment to the pension accumulation fund
Status: in_force

§ 409-a. Abandonment of amounts payable to beneficiaries; payment to\nthe pension accumulation fund.  a. After at least one year has elapsed\nsince a benefit has become payable to the beneficiary or estate of a\nretiree or member and such beneficiary or estate has failed to apply for\nand receive such benefit, the comptroller shall send a statement to the\nexecutor or administrator of the estate or to the designated beneficiary\nat his last known address setting forth the benefit payable and giving\nnotice to such person or persons that unless demand for payment of such\nbenefit is made prior to a date at least eighteen months from the date\nthe notice is given, said benefit will be deemed abandoned and will be\ntransferred to the pension 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 estates or beneficiaries having an unclaimed\namount in the retirement system. At the expiration of six months from\nthe date of publication of such list the amounts so listed unless\npreviously paid to claimant shall be deemed abandoned and shall be\nplaced in the pension accumulation fund to be used for the purpose of\nsaid fund.\n  c. Any amounts so deemed abandoned and transferred to the pension\naccumulation fund may be claimed by the executor or administrator of the\nestate or beneficiaries designated to receive such amount, by filing a\nclaim with the comptroller on such form and in such manner as be\nprescribed by the comptroller.  In the event such claim is properly made\nthe comptroller shall pay over to the estate or to the person or persons\nmaking such claim the amount without interest. The payment shall be made\nfrom the pension accumulation fund.\n
N.Y. PBA Law § 2050-E — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-E
Powers of the agency
Status: in_force

§ 2050-e. Powers of the agency. The agency shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same;\n  3. To acquire in the name of the agency, hold, sell, lease, mortgage\nor otherwise dispose of property, real, personal or mixed, or any\ninterest therein, without limitation, for its corporate purposes;\nprovided, however, that in the acquisition of any real property\ndesignated as the site for any facility, the agency shall give\nconsideration to the present and any proposed land use character of the\narea in which the site is to be located and zoning laws or regulations,\nif any, otherwise generally applicable to such area;\n  4. To take by eminent domain, subject to the approval of the county\nlegislature in the name of the agency, pursuant to the eminent domain\nprocedure law, within the area of operation any real property required\nby the agency to carry out the powers granted by this title;\n  5. To collect, receive, transport, process, dispose of, sell, store,\nconvey, recycle, and deal with, in any lawful manner and way, solid\nwaste and any products or by-products thereof now or hereafter developed\nor discovered, including any energy generated by the operation of any\nsolid waste management-resource recovery facility. Any such disposal or\nsale may be effected on such terms and in such manner as the agency may\ndeem proper;\n  6. To plan, develop and construct projects and to pay the cost thereof\nand to have the right to contract in relation thereto with\nmunicipalities or persons within or without the county and to own and\noperate, maintain, repair, improve, reconstruct, enlarge, and extend,\nsubject to the provisions of this title, any of its projects acquired or\nconstructed under this title and to sell, lease, mortgage or otherwise\ndispose of any project or part thereof to any person or public\ncorporation, subject to such conditions and limitations as the agency\nmay determine to be in the public interest;\n  7. To assist in the planning, development, construction and the\nfinancing of the cost of any solid waste management-resource recovery\nfacility to be located in the county whether or not such solid waste\nmanagement-resource recovery facility is to be owned or operated by the\nagency, which assistance may include loans to any person or public\ncorporation.\n  8. Subject to the provisions of any laws or resolutions of the county,\nto collect or receive from the United States, the state, the county, any\nother municipality or public corporation or person, solid waste for the\npurpose of treatment or disposal thereof, with the right of the agency\nto sell and dispose of any products or by-products (including energy) of\nsuch process of treatment or disposal, as the agency may deem proper;\n  9. Subject to the provisions of any laws or resolutions of the county,\nto contract with the county, or other municipalities, state agencies,\npublic corporations or persons within or without the county, for the\npurpose of collecting, receiving, treating and disposing of solid waste\nincluding without limitation to contract with persons for the delivery\nof all solid waste generated within a stated area to a specific solid\nwaste management-resource recovery facility;\n  10. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of any project or other property of the agency, which by-laws and\nall amendments thereto, duly certified by the secretary of the agency,\nshall be filed in the office of the agency and in the office of the\nclerk of the county, and to provide for the enforcement of such by-laws\nby legal or equitable proceedings which are or may be provided or\nauthorized by law. In addition, the county legislature shall have power\nto prescribe that violations of specific by-laws of the agency shall\nconstitute offenses or infractions and provide for the punishment of\nviolations thereof by civil penalty;\n  11. With the consent of the chairman of the county legislature, to use\nofficers or employees of the county and to pay a proper portion of\ncompensation or costs for the services for such officers or employees;\n  12. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnonnegotiable;\n  13. To enter on any lands, waterways and premises within the county\nfor the purpose of making surveys, soundings and examinations, and\nliability therefor shall not exceed actual damages;\n  14. To borrow money and to issue bonds and to fund or refund the same,\nand to provide for the rights of the holders thereof;\n  15. Subject to any limitations imposed by any contract pursuant to\nsubdivision two of section two thousand fifty-t of this title, to fix\nand collect rates, rentals, fees and other charges for the use of the\nfacilities of, or services rendered by, or any commodities furnished by,\nthe agency so as to provide revenues sufficient at all times to pay, as\nthe same shall become due, the principal and interest on the bonds of\nthe agency, together with the maintenance of proper reserves therefor,\nin addition to paying, as the same shall become due, the expenses of\noperating and maintaining the properties of the agency, together with\nproper reserves for debt service, depreciation, maintenance and\ncontingencies and all other obligations and indebtedness of the agency;\n  16. To accept gifts, grants, loans or contributions from the United\nStates, the state or any agency or instrumentality of either of them, or\nany municipality or from any person, by bequest or otherwise, and to\nexpend the proceeds for any corporate purposes of the agency; and\n  17. To do all things necessary or convenient to carry out the power\nexpressly given in this title.\n
N.Y. PBA Law § 2041-D — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-D
Powers of the authority
Status: in_force

§ 2041-d. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued.\n  2. To have a seal and alter the same.\n  3. To acquire in the name of the authority, hold, sell, lease,\nmortgage or otherwise dispose of property, real, personal or mixed, or\nany interest therein, without limitation, for its corporate purposes.\n  4. To condemn, in the name of the authority pursuant to the eminent\ndomain procedure law, any real property within the area of operation and\nrequired by the authority to carry out the powers granted by this title.\n  5. To collect, receive, extract, transport, process, dispose of, sell,\nstore, convey, recycle, and deal with, in any lawful manner and way,\nsolid waste and any products or by-products thereof now or hereafter\ndeveloped or discovered, including any energy generated by the operation\nof any solid waste management resource recovery facility.  Any such\ndisposal or sale may be effected on such terms and in such manner as the\nauthority may deem proper.\n  6. To plan, develop, purchase and construct projects and to pay the\ncost thereof and to have the right to contract in relation thereto with\nmunicipalities or persons within or without the area of operation and to\nown and operate, maintain, repair, improve, reconstruct, renovate,\nrehabilitate, replace, enlarge, increase and extend, subject to the\nprovisions of this title, any of its projects acquired or constructed\nunder this title, and to enter into contracts for any and all such\npurposes and for the management and operation of a project, and to sell,\nlease, mortgage or otherwise dispose of any project or part thereof to\nthe state, any person, public corporation, or municipality, subject to\nsuch conditions and limitations as the authority may determine to be in\nthe public interest.\n  7. To assist in the planning, development and construction of and the\nfinancing of the cost of any project to be located in the area of\noperation whether or not such project is to be owned or operated by the\nauthority, which assistance may include loans to any person or\nmunicipality.\n  8. To collect or receive from the United States, the state, any\nparticipating county, any other municipality, public corporation,\ncorporation or person, solid waste for the purpose of treatment or\ndisposal thereof, with the right of the authority to sell and dispose of\nany products or by-products, including energy, of such process of\ntreatment or disposal, as the authority may deem proper.\n  9. To contract with any participating county, other municipalities,\nstate agencies, public corporations, corporations or persons within or\nwithout the area of operation, for the purpose of collecting, receiving,\ntreating and disposing of solid waste, including, without limitation, to\ncontract with participating counties, other municipalities, state\nagencies, public corporations or persons for the delivery of all solid\nwaste generated within a stated area to a specific facility.\n  10. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of any project or other property of the authority, which by-laws and\nall amendments thereto, duly certified by the secretary of the\nauthority, shall be filed in the office of the authority and in the\noffice of the clerk of the legislative body of each participating\ncounty, and to provide for the enforcement of such by-laws by legal or\nequitable actions or proceedings which are or may be provided or\nauthorized by law. In addition, the legislative bodies shall have power\nto prescribe that violations of specific by-laws of the authority,\nincluding, without limitation, any failure to comply with any by-law\nrequiring the payment of any fee or other charge by any person in\nconnection with the delivery of solid waste to any facility or any other\nuse of any facility by such person, shall constitute offenses or\ninfractions and provide for the punishment of violations thereof.\n  11. With the consent of the chairman of the legislative body of a\nparticipating county or the legislative body of any municipality, to use\nthe officers or employees of such participating county or any\nmunicipality within a participating county and to pay a proper portion\nof the compensation or costs for the services for such officers or\nemployees. Provided, however, that a full time officer, member or\nemployee shall not be compensated in the aggregate in an amount in\nexcess of such officer's, member's or employee's full time compensation\nwithout the express approval of the county legislature.\n  12. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable.\n  13. To enter on any lands, waterways or premises within the area of\noperation for the purpose of making surveys, soundings, and\nexaminations, any liability for which shall not exceed actual damages.\n  14. To borrow money and to issue bonds for any of its corporate\npurposes, to secure the same with its revenues or other funds, to fund\nor refund the same, and to provide for the rights of the holders\nthereof.\n  15. Subject to any limitations imposed by any contract pursuant to\nsubdivision one of section two thousand forty-one-t of this title, to\nfix and collect rates, rentals, fees and other charges for the use of\nthe facilities of, or services rendered by, or any commodities furnished\nby, the authority and to contract with any participating county, other\nmunicipality or person in respect thereto, so as to provide revenues\nsufficient at all times to pay, as the same shall become due, the\nprincipal and interest on the bonds of the authority, together with the\nmaintenance of proper reserves therefor, in addition to paying, as the\nsame shall become due, the expenses of operating and maintaining the\nproperties of the authority, together with proper reserves for debt\nservice, depreciation, maintenance and contingencies and all other\nobligations and indebtedness of the authority, provided, however, that\nthe authority shall not have the power, within any city, to collect\nrentals, charges, rates or fees from the owners of real estate, or the\noccupants of real estate (other than the occupants of premises owned or\ncontrolled by the authority, or by the state or any civil division\nthereof), for services or facilities furnished or supplied in connection\nwith such real estate, if such services or facilities are of a character\nor nature that, as of the effective date of this title, are or formerly\nwere furnished or supplied by the city, unless the electors of the city\nshall approve the granting to the authority of such powers by a majority\nvote at a general or special election in the city.\n  16. To accept gifts, grants, loans or contributions from the United\nStates, the state or any authority or instrumentality of either of them,\nor any municipality or from any person, by bequest or otherwise, and to\nexpend the proceeds for any corporate purposes of the authority.\n  17. To enter into agreements, in its discretion, to pay annual sums in\nlieu of taxes to any municipality, political subdivision or taxing\ndistrict of the state in respect to any real property which is owned by\nthe authority and located in such municipality, political subdivision or\ntaxing district.\n  18. To establish standards and criteria which shall be used to\ndetermine if real property shall be utilized in conjunction with any\nsolid waste management program provided, however, that in no instance\nshall such standards and criteria provide for the placement of sanitary\nlandfills, leachate treatment facilities, secure land burial facilities,\nlandspreading facilities, surface impoundments and waste oil storage\nfacilities over a primary public water supply aquifer or principal\naquifer. Once such standards and criteria are established, no real\nproperty shall be acquired except in accordance with such standards and\ncriteria. Such standards and criteria shall be established after a\npublic hearing in each participating county upon such proposed standards\nand criteria, which public hearing shall be on at least ten days notice\nin a newspaper or newspapers of general circulation in the counties of\nMontgomery, Otsego and Schoharie. Such notice shall also be sent by\nregular mail to the clerk of each municipality in such three counties,\nincluding the clerk of each county.\n  19. To make payments to, and settle claims asserted by owners of\nproperty in proximity to and adversely affected by, landfill facilities\nof the authority in order to compensate such owners in whole or in part\nfor diminution of the value of their property, if any, directly\nresulting from the siting of the authority landfill facility or the\nactivities undertaken therein. The amount and manner of such payments\nshall be determined by resolution of the authority, and shall be based\non real estate market studies and/or appraisals undertaken at the\ndirection of the authority, in such form and substance satisfactory to\nthe authority. The authority may establish rules and regulations setting\nforth the specifications pursuant to which real estate market studies\nand/or appraisals shall be conducted and such other rules and\nregulations as may be necessary to effectuate the purposes of this\nsubdivision. Such rules and regulations shall include a requirement that\nall property owners requesting payments in accordance therewith must\nfile a claim with the authority by a date specified by the authority.\nAny payments made pursuant to the provisions of this subdivision shall\nbe considered a cost of the authorities in the computation of rates,\nfees, and charges in accordance with subdivision fifteen of this\nsection.\n  20. In addition to the power granted by subdivision seventeen of this\nsection, to make payments to and settle claims asserted by\nmunicipalities either adversely affected by landfill facilities of the\nauthority, or, in which landfill facilities of the authority are located\nto compensate such municipalities for additional municipal service\nsupport, monitoring and similar activities occasioned by the siting,\nconstruction, and operation of said landfill. The amount and manner of\nsuch payments shall be determined by resolution of the authority in its\ndiscretion and shall be utilized by the recipient municipality in\nconformance with the purposes heretofore set forth. Any payments made\npursuant to the provisions of this subdivision shall be considered a\ncost of the authority and may be included in the computation of rates,\nfees and charges in accordance with this section.\n  21. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n
N.Y. PBA Law § 2053-K — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-K
Remedies of bondholders
Status: in_force

§ 2053-k. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to subdivision three of section two\nthousand fifty-three-j of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or 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\nand proved or acknowledged in the same manner as deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurpose 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 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, fees and charges adequate\nto carry out any agreement as to, or pledge of, such rents, rates, fees\nand charges and to require the authority to carry out any other\nagreements with the holders of such bonds to perform its duties under\nthis 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.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\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 trustee\nthe fees, counsel fees and expenses of the trustee and of the receiver,\nif any, shall constitute taxable disbursements and all costs and\ndisbursements allowed by the court shall be a first charge on any\nrevenues derived from the project.\n  7. The county is authorized to pledge to and agree with the holders of\nthe bonds that the county 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 or notes of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title and to fulfill the terms of any agreements made with the\nholders of the bonds or notes or with any public corporation or person\nwith reference to such project or part thereof, or in any way impair the\nrights and remedies of the bondholders, until the bonds, together with\ninterest thereon, with interest on any unpaid installments of interest\nand all costs and expenses in connection with any action or proceeding\nby or on behalf of the bondholders are fully met and discharged.\n
N.Y. PBA Law § 2051-H — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-H
Bonds of the authority
Status: in_force

§ 2051-h. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, in\nconformity with applicable provisions of the uniform commercial code, in\nsuch principal amounts as it may determine to be necessary to pay the\ncost of any project or for any other corporate purpose, including\nincidental expenses in connection therewith. The authority shall have\npower and is hereby authorized to enter into such agreements and perform\nsuch acts as may be required under any applicable federal legislation to\nsecure a federal guarantee of any bonds. The authority shall have power\nfrom time to time to refund any bonds by the issuance of new bonds\nwhether the bonds to be refunded have or have not matured, and may issue\nbonds partly 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 and subject to any\nagreements with the holders of outstanding bonds pledging any particular\nrevenues or moneys.\n  2. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations, bear such date or dates and mature at such time or\ntimes as such resolution shall provide, except that notes and any\nrenewals thereof shall mature within five years from the date of the\noriginal issuance and bonds and any renewals thereof shall mature within\nthirty years from the date of the original issuance of any such bonds or\nnotes.  The bonds and notes shall be subject to such terms of\nredemption, bear interest at such rate or rates payable at such times,\nbe in such form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in such medium of\npayment at such place or places, and be subject to such terms and\nconditions as such resolution may provide. Bonds may be sold at public\nor private sale for such price or prices as the authority shall\ndetermine. Bonds of the authority shall not be sold by the authority at\nprivate sale unless such sale and the terms thereof have been approved\nin writing by the state comptroller where such sale is not to be to such\ncomptroller, or by the state director of the budget where such sale is\nto said comptroller.\n  3. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or any part of the revenues, other moneys or property\nof the authority to secure the payment of the bonds, including but not\nlimited to, any contracts, earnings or proceeds of any grant to the\nauthority received from any private or public source;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust, deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section two thousand fifty-one-i 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\nthe trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  4. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, consistent or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys or property and\nthe doing of any act, (including refraining from doing any act) which\nthe authority would have the right to do in the absence of such\nagreements. The authority shall have power to enter into amendments of\nany such agreements within the powers granted to the authority by this\ntitle 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 otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  6. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  7. Neither the members of the authority nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  8. The authority, subject to such agreements with bondholders as then\nmay exist shall have power out of any moneys available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (a) if the bonds are then redeemable, the\nredemption price then applicable, plus accrued interest to the next\ninterest payment date or (b) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption plus accrued interest to\nthe next interest payment date.\n
N.Y. PBA Law § 2045-A — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-A
Short title
Status: in_force

§ 2045-a. Short title. This title shall be known and may be cited as\nthe "Onondaga county resource recovery agency act".\n
N.Y. PBA Law § 2050-X — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-X
Preference for actions or proceedings against agency
Status: in_force

§ 2050-x. Preference for actions or proceedings against agency. Any\naction or proceeding to which the agency or the people of the state may\nbe parties, in which any question arises as to the validity of this\ntitle, shall be preferred over all other civil causes of action or\ncases, except election causes of action or cases, in all courts of the\nstate and shall be heard and determined in preference to all other civil\nbusiness pending therein, except election cases, irrespective of\nposition on the calendar. The same preference shall be granted upon\napplication of the agency or its counsel in any action or proceeding\nquestioning the validity of this title in which the agency may be\nallowed to intervene. The venue of any such action or proceeding shall\nbe laid in the supreme court of the county.\n
N.Y. PBA Law § 2050-F — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-F
Governmental capacity of the agency and municipalities
Status: in_force

§ 2050-f. Governmental capacity of the agency and municipalities. The\ncounty, other municipalities within the county and the agency in\ncarrying out their respective powers and duties under this title shall\nbe deemed to be acting in a governmental capacity. The construction,\noperation and maintenance of any project financed in whole or in part by\nthe agency, shall be deemed to be the performance of an essential\ngovernmental function by the agency acting in its governmental capacity,\nwhether such project shall be owned or operated by the agency or by any\nperson or other public corporation.\n
N.Y. PBA Law § 2053-C — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-C
Rockland county solid waste management authority
Status: in_force

§ 2053-c. Rockland county solid waste management authority.  1. Upon\ncompliance with the requirements of subdivision seven of this section, a\ncorporation known as the Rockland county solid waste management\nauthority shall be deemed to have been created hereby for the public\npurposes and charged with the duties and having the powers provided in\nthis title. The authority shall be a body corporate and politic\nconstituting a public benefit corporation. In order to be more\nconsistent with the authority's goals, mission and objectives, the\nauthority shall also be known as Rockland Green and/or RG Cares.\n  2. The authority shall consist of seventeen members. Eight members\nshall be members of the county legislature. Five of the eight\nlegislative members shall be appointed by the chairman of the county\nlegislature and three shall be appointed by the minority leader of the\ncounty legislature, subject in each case to confirmation by a majority\nof the county legislature. No such appointment shall be effective unless\nthere shall be, among the legislative members of the authority, a\nresident of each of the five towns in the county. Residency shall be\ndetermined as of the effective date of appointment, and subsequent\nchanges in residency shall not effect the validity of the appointment or\nthe authority of the legislative member to serve in the authority. Each\nof the legislative members of the authority initially appointed and\ncertified to the secretary of state shall serve for a term ending on\nJanuary fifteen, nineteen hundred ninety-four. Subsequent appointments\nof legislative members of the authority shall be made in the same manner\nand for terms of two years. All legislative members shall continue to\nhold office until their successors are appointed and qualify. Vacancies\noccurring otherwise than by expiration of term shall be filled in the\nsame manner, respectively, for the unexpired term. Members may be\nremoved from office for the same reasons and in the same manner as\nprovided by law for the removal of officers of the county. Appointments\nto fill expired and unexpired terms shall be made within sixty days upon\nreceipt of notification by the chairman of the board of supervisors that\na vacancy exists.\n  3. Five members of the authority shall consist, ex officio, of the\nsupervisors of the five towns in the county. The term of each town\nsupervisor serving ex officio as a member of the authority shall\ncoincide with such member's term of elective office. No person shall be\nboth an appointed member from the county legislature and a town\nsupervisor serving ex officio as a member of the authority. Two members\nof the authority shall be appointed by and shall serve at the pleasure\nof the county executive of the county. Two members shall be mayors of\nvillages contained within the county of Rockland and shall be appointed\nby the county legislature upon the recommendation of the Rockland county\nconference of mayors. The term of each mayor serving as a member of the\nauthority shall coincide with such member's term of elective office, not\nto exceed two years. No such mayor shall be selected from a village that\nhas failed to sign the intermunicipal recyclables management agreement.\nSuch mayors are to be selected from different towns within Rockland\ncounty, and for the purposes of determining which town a mayor is\ndetermined to be from, if the jurisdiction of the municipality in which\na mayor presides spans more than one town, that mayor shall not be\nrestricted from appointment because one portion of his jurisdiction is\ncoterminous with that of another mayor chosen as a member of the\nauthority. Any member of the authority, whether appointed or serving ex\nofficio, may be removed from office by a vote of ten members of the\nauthority for gross neglect of duty, misconduct, maladministration or\nmalfeasance in office, including the unexcused failure to attend three\nconsecutive regular meetings of the authority.\n  4. 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 eight members is present. No action shall be taken\nexcept by the favorable vote of at least eight 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 such officers, the\nauthority may appoint and at its 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  5. 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. The members and employees of the\nauthority shall be subject to all requirements of state and county law\npertaining to ethics and financial disclosure to which members of the\ncounty legislature and employees of the county, respectively, are\nsubject.\n  6. In addition to any powers granted to it by law, the county\nlegislature may appropriate by resolution with the concurrence of the\ncounty executive sums of money to defray project costs or any other\ncosts and expenses of the authority to be incurred prior to the first\nissuance of bonds. Subject to rights of bondholders, the county\nlegislature with the concurrence of the county executive may determine\nif the moneys so appropriated shall be subject to repayment by the\nauthority to the county and, in such eventuality, the manner and\nschedule for such repayment.\n  7. (a) The county shall file on or before the twelve month anniversary\nof the date on which this title shall have become a law, in the office\nof the secretary of state, a resolution of the county legislature\nadopted following a public hearing approving the creation of the\nauthority, together with a certificate approved by the county\nlegislature and signed by the county executive setting forth: (1) the\nname of the authority; (2) the names of the initial members; and (3) the\neffective date of this title. The authority shall be perpetual in\nduration, except that if such resolution and certificate are not filed\nwith the secretary of state on or before such date, then the power of\nthe legislature of the county to approve the creation of the authority\nshall thereupon lapse, the authority shall not be deemed to have been\ncreated hereby and shall not exist or be deemed to have existed, and the\nprovisions of this title shall no longer have any force or effect.\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\nthe authority 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  8. 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  9. In exercising the powers conferred upon it by this title, the\nauthority shall at all times act in accordance with, and be in\ncompliance with, the provisions of the solid waste management plan.\n
N.Y. PBH Law § 1389-DD — New York Code / Act PBH / Article 13 / Title 13 / Section 1389-DD
Treatment and disposal of regulated medical waste
Status: in_force

§ 1389-dd. Treatment and disposal of regulated medical waste.  1.\nTreatment or disposal of regulated medical waste shall be by one of the\nfollowing methods:\n  (a) By incineration in a regulated medical waste incineration facility\napproved and under permit pursuant to article nineteen of the\nenvironmental conservation law, which provides complete combustion of\nthe waste to carbonized or mineralized ash.  Regulated medical waste so\ncombusted shall be disposable as nonhazardous waste provided it is not\nan otherwise hazardous waste as defined in the regulations promulgated\nunder section 27-0903 of the environmental conservation law.\n  (b) By discharge to sewerage system if the waste is liquid or\nsemiliquid, except as specifically prohibited by the commissioner of\nhealth.\n  (c) By decontamination by autoclaving, or by other technique approved\nby the department, so as to render the waste noninfectious.  Regulated\nmedical waste so treated shall be disposed of as solid waste provided it\ndoes not otherwise meet the definition of hazardous waste as defined in\nthe regulations promulgated under section 27-0903 of the environmental\nconservation law or the regulations promulgated thereunder, and is\naccompanied by a certificate, in a form prescribed by the commissioner,\nwhich evidences such treatment.\n  (d) By other method approved by the commissioner.\n  2. Regulated medical waste shall not be disposed of by burial at a\nlandfill disposal facility, unless treated in accordance with\nsubdivision one of this section. All sharps must be rendered\nunrecognizable prior to disposal.\n  3. The commissioner, in consultation with the commissioner of\nenvironmental conservation, shall develop a limited number of\ncooperative pilot projects to promote the safe handling, treatment and\ndisposal of regulated medical waste generated in private residences,\nincluding the establishment of guidelines for safe transport and\nhandling of such waste prior to disposal. Such pilot projects shall be\nlimited to a maximum of four municipalities throughout the state, and\nmay vary in scope from single-facility to multi-facility projects.\nNothing in this subdivision shall be construed as imposing any new\nrequirements on generators of regulated medical waste. The commissioner\nshall give due consideration to the experience of the pilot projects in\ndeveloping rules and regulations authorized in subdivision four of this\nsection.  Any moneys allocated by any government or organization to the\ndepartment of health or the department of environmental conservation for\npurposes of establishing such pilot projects are hereby authorized for\nappropriation pursuant to this subdivision.\n  4. Sharps, including needles, syringes and lancets, originating from a\nprivate residence, may be delivered for disposal to a general hospital,\nas defined in subdivision ten of section twenty-eight hundred one of\nthis chapter, or a residential health care facility, as defined in\nsubdivision three of section twenty-eight hundred one of this chapter.\nSharps, including needles, syringes and lancets returned pursuant to\nthis section must be accepted by the hospital or residential health care\nfacility on the condition that the needles, syringes and lancets have\nbeen deposited in an approved puncture proof container by the generator.\nThe hospital or residential health care facility receiving such\ncontained sharps must dispose of sharps in accordance with this section.\nThe commissioner shall promulgate rules and regulations establishing\nguidelines for safe transport and handling of such sharps, including the\napproval of puncture proof containers for sharps.\n
N.Y. ENV Law § 17-1301 — New York Code / Act ENV / Article 17 / Title 13 / Section 17-1301
Approval of marine toilet pollution control devices and establishing effluent standards therefor
Status: in_force

§ 17-1301. Approval of marine toilet pollution control devices and\n             establishing effluent standards therefor.\n  The department shall have all the functions, powers, obligations and\nduties, regarding approval of marine toilet pollution control devices\nand establishing effluent standards therefor, provided for in section\n33-c of the Navigation Law.\n
N.Y. PBA Law § 2053-L — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-L
State, county and municipalities not liable on bonds
Status: in_force

§ 2053-l. 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. PBA Law § 2053-J — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-J
Bonds of the authority
Status: in_force

§ 2053-j. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds or notes\nin such principal amounts as it may determine to be necessary to pay the\ncost of any project or for any other corporate purpose, including\nincidental expenses in connection therewith. The authority shall have\npower and is hereby authorized to enter into such agreements and perform\nsuch acts as may be required under any applicable federal legislation to\nsecure a federal guarantee of any bonds. The authority shall have power\nfrom time to time to refund any bonds by the issuance of new bonds\nwhether the bonds to be refunded have or have not matured, and may issue\nbonds partly 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 and subject to any\nagreements with the holders of outstanding bonds pledging any particular\nrevenues or moneys. The authority may also enter into loan agreements,\nlines of credit and other security agreements and obtain for or on its\nbehalf letters of credit in each case for securing its bonds or to\nprovide direct payment of any costs which the authority is authorized to\npay.\n  2. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations, bear such date or dates and mature at such time or\ntimes as such resolution shall provide, except that notes and any\nrenewals thereof shall mature within five years from the date of the\noriginal issuance and bonds and any renewals thereof shall mature within\nthirty years from the date of the original issuance of any such bonds or\nnotes. The bonds and notes shall be subject to such terms of redemption,\nbear interest at such rate or rates payable at such times, be in such\nform, either coupon or registered, carry such registration privileges,\nbe executed in such manner, be payable in such medium of payment at such\nplace or places, 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. Bonds of the\nauthority shall not be sold by the authority at private sale unless such\nsale and the terms thereof have been approved in writing by the state\ncomptroller where such sale is not to be to such comptroller, or by the\nstate director of the budget where such sale is to said comptroller. The\nauthority may pay all expenses, premiums and commissions which it may\ndeem necessary or advantageous in connection with the issuance and sale\nof bonds.\n  3. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or any part of the revenues, other moneys or property\nof the authority to secure the payment of the bonds, including but not\nlimited to, any assets, contracts, investment securities, earnings or\nproceeds of any grant to the authority received from any private or\npublic source, subject to such agreements with bondholders as may then\nexist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust, deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustees appointed by\nthe bondholders pursuant to section two thousand fifty-three-i of this\ntitle and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of the trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository and for the method of disbursement thereof\nwith such safeguards and restrictions as the authority may determine;\nand\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, consistent or desirable concerning the use of\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys or property and\nthe doing of any act (including refraining from doing any act) which the\nauthority would have the right to do in the absence of such agreements.\nThe authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds of the authority.\n  5. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security is created nor any\nfinancing statement need be recorded or filed.\n  6. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  7. Neither the members of the authority nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  8. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (a) if the bonds are then redeemable, the\nredemption price then applicable, plus accrued interest to the next\ninterest payment date or (b) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption plus accrued interest to\nthe next interest payment date.\n
N.Y. PBA Law § 2053-O — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-O
Agreement with the state
Status: in_force

§ 2053-o. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds or notes issued by the authority\npursuant to this title that the state will not alter or limit the rights\nhereby vested in the authority to purchase, construct, maintain,\noperate, 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 the\nbenefit of the holders of bonds or notes or with any public corporation\nor person with reference to such project or part thereof, or in any way\nto impair the rights and remedies of bondholders until the bonds or\nnotes, together with the interest thereon, including interest on any\nunpaid installments of interest and all costs and expenses in connection\nwith any action or proceeding by or on behalf of such holders, are fully\nmet and discharged, provided, however, that this section shall not be\nconstrued to limit in any manner the ability of the state to alter,\namend or enforce 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-EE — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-EE
Powers of the authority
Status: in_force

§ 2050-ee. Powers of the authority. The authority shall have the\npower:\n  1. To sue and be sued.\n  2. To have a seal and alter the same.\n  3. To acquire in the name of the authority, hold, sell, lease,\nmortgage or otherwise dispose of property, real, personal or mixed, or\nany interest therein within the area of operation, without limitation,\nfor its corporate purposes and to take by eminent domain, in the name of\nthe authority, pursuant to the eminent domain procedure law, any real\nproperty required to carry out its corporate purposes; provided,\nhowever, that in the acquisition of any real property designated as the\nsite for any facility, the authority shall give consideration to the\npresent and any proposed land use character of the area in which the\nsite is to be located and zoning laws or regulations, if any, otherwise\ngenerally applicable to such area. The authority shall not determine to\nconstruct a facility outside of its area of operation without approval\nof the solid waste management planning unit (as that term is defined in\nsection 27-0107 of the environmental conservation law) responsible for\nthe municipality in which such facility is to be constructed and without\nthe approval of the chief executive officer and local legislative body\nof such municipality. The authority shall not site a solid waste\nmanagement-resource recovery facility within an agricultural district\nestablished pursuant to article twenty-five-AA of the agriculture and\nmarkets law.\n  4. To collect, receive, extract, transport, process, dispose of, sell,\nstore, convey, recycle, and deal with, in any lawful manner and way\nsolid waste and any products or by-products thereof now or hereafter\ndeveloped or discovered, including any energy generated by the operation\nof any solid waste management-resource recovery facility. Any such\ndisposal or sale may be effected on such terms and in such manner as the\nauthority may deem proper.\n  5. To plan, develop and construct projects and to pay the cost thereof\nand to have the right to contract in relation thereto with the towns, or\nother municipalities or persons within or without the area of operation\nand to own and operate, maintain, repair, improve, reconstruct,\nrenovate, rehabilitate, replace, increase, enlarge, and extend, subject\nto the provisions of this title, any of its projects acquired or\nconstructed under this title, and to enter into contracts for any and\nall such purposes and for the management and operation of a project, and\nto sell, lease, mortgage or otherwise dispose of any project or part\nthereof to any person or public corporation, municipality or the state,\nsubject to such conditions and limitations as the authority may\ndetermine to be in the public interest.\n  6. To assist in the planning, development and construction of and the\nfinancing of the cost of any project to be located in the area of\noperation, whether or not such project is to be owned or operated by the\nauthority.\n  7. To collect or receive from the United States, the state, any county\nwithin the state, the towns, any other municipality or public\ncorporation or person, solid waste for the purpose of treatment or\ndisposal thereof, with the right of the authority to sell and dispose of\nany products or by-products (including energy) of such process of\ntreatment or disposal, as the authority may deem proper.\n  8. To contract with the towns, or other municipalities, state\nagencies, public corporations or persons within or without the area of\noperation, for the purpose of collecting, receiving, treating and\ndisposing of solid waste, including, without limitation, to contract\nwith persons for the delivery of all solid waste generated within a\nstated area to a specific solid waste management-resource recovery\nfacility.\n  9. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of any project or other property of the authority, which by-laws and\nall amendments thereto, duly certified by the secretary of the\nauthority, shall be filed in the office of the authority and in the\noffice of the clerk of each of the legislative bodies of the towns, and\nto provide for the enforcement of such by-laws by legal or equitable\nproceedings which are or may be provided or authorized by law. In\naddition, the legislative bodies shall have power to prescribe that\nviolations of specific by-laws of the authority, including, without\nlimitation, any failure to comply with any by-law requiring the payment\nof any fee or other charge by any person in connection with the delivery\nof solid waste to any facility or any other use of any facility by such\nperson, shall constitute offenses or infractions and provide for the\npunishment of violations thereof by civil penalty.\n  10. With the consent of the appropriate legislative body of any other\nmunicipality, to use officers or employees of such town or municipality\nand to pay a proper portion of compensation or costs for the services\nfor such officers or employees.\n  11. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable.\n  12. To enter on any lands, waterways or premises within the area of\noperation for the purpose of making surveys, soundings, and\nexaminations, any liability for which shall not exceed actual damages.\n  13. To borrow money and to issue bonds for any of its corporate\npurposes, to secure the same with its revenues or other funds or refund\nthe same, and to provide for the rights of the holders thereof.\n  14. Subject to any limitations imposed by any contract pursuant to\nsubdivision two of section two thousand fifty-tt of this title, to\ndetermine classifications of users, to fix and collect rates, rentals,\nfees and other charges for the use of the facilities of, or services\nrendered by, or any commodities furnished by, the authority, which\nrates, rentals, fees and other charges may be different for each\nclassification of user and may reflect the source and composition of\nsolid waste, and to contract with the towns or any other municipality or\nperson in respect thereto, so as to provide revenues sufficient at all\ntimes to pay, as the same shall become due, the principal and interest\non the bonds of the authority, together with the maintenance of proper\nreserves therefor, in addition to paying, as the same shall become due,\nthe expenses of operating and maintaining the properties of the\nauthority, together with proper reserves for debt service, depreciation,\nmaintenance and contingencies and all other obligations and indebtedness\nof the authority. No such rates, rentals, fees and other charges for the\nuse of the facilities of, or services rendered by, the authority shall\nbe established, fixed or revised unless the authority shall have held a\npublic hearing at which the users of the facilities of, or services\nrendered by, the authority together with the owners of property served\nor to be served and others interested have had the opportunity to be\nheard concerning the same. Notice of such public hearing shall be\npublished by the authority at least ten days before the date set\ntherefor in at least one newspaper having a general circulation in each\nof the towns. Such notice shall set forth the date, time and place of\nsuch hearing and shall include a brief description of the matters to be\nconsidered at such hearing. A copy of the notice shall be filed in the\noffice of the clerk of each of the towns and shall be available for\ninspection by the public. At any such hearing, any person shall have an\nopportunity to be heard concerning the matters under consideration. Any\ndecision of the authority on matters considered at any such public\nhearing shall be in writing and shall be made available to any such\nperson in the office of the authority during regular office hours. All\nrates, rentals, fees and other charges for the use of the facilities of,\nor services rendered by, the authority shall be a lien upon the real\nproperty upon which, or in connection with which, services were\nprovided. Any such lien shall take precedence over all other liens or\nencumbrances, except taxes or assessments. The treasurer of the\nauthority shall prepare and transmit to the respective legislative body\nof each town, on or before the first day of December in each year, a\nlist of those properties within each respective town for which such\nservices were provided and which the payment of rates, rentals, fees and\nother charges are in arrears for a period of thirty days or more after\nthe last day fixed for payment of such rates, rentals, fees and other\ncharges without penalty. The list shall contain a brief description of\nthe properties for which such services were provided, the names of the\npersons or corporations liable to pay for the same, and the amount\nchargeable to each, including penalties and interests computed to\nDecember thirty-first of that year. Each governing body shall levy such\nsums against the properties liable and shall state the amount thereof in\na separate column in the annual tax rolls of the various municipalities\nunder the heading "solid waste disposal charge". Such amounts, when\ncollected by the several municipal collectors or receivers of taxes,\nshall be paid over to each respective town treasurer, who immediately\nshall pay the same over to the treasurer of the authority. All of the\nprovisions of the tax laws of the state covering enforcement and\ncollection of unpaid taxes or assessments for special improvements not\ninconsistent herewith shall apply to the collection of such unpaid\nrates, rentals, fees and other charges.\n  15. To accept gifts, grants, loans or contributions from the United\nStates, the state or any authority or instrumentality of either of them,\nor any municipality or from any person, by bequest or otherwise, and to\nexpend the proceeds for any corporate purposes of the authority.\n  16. To enter into agreements, in its discretion, to pay annual sums in\nlieu of taxes to the towns or any other municipality, political\nsubdivision or taxing district of the state in respect to any real\nproperty which is owned by the authority and located in such towns,\nmunicipality, political subdivision or taxing district.\n  17. To covenant and consent that the interest on any of its bonds or\nnotes issued pursuant to this title shall be includible, under the\nUnited States Internal Revenue Code of 1986, or any subsequent\ncorresponding internal revenue law of the United States, in gross income\nof the holders of the bonds or notes to the same extent and in the same\nmanner that the interest on bills, bonds, notes or other obligations of\nthe United States is includible in the gross income of the holders\nthereof under said Internal Revenue Code or any such subsequent law.\n  18. To do all things necessary or convenient to carry out the power\nexpressly given in this title.\n
N.Y. PBA Law § 2015 — New York Code / Act PBA / Article 8 / Title 13 / Section 2015
Short title
Status: in_force

§ 2015. Short title. This section shall be titled Onondaga county\nsolid waste disposal authority.\n
N.Y. PBA Law § 2047-L — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-L
Bonds legal investment for fiduciaries
Status: in_force

§ 2047-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. PBA Law § 2045-G — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-G
Transfer of officers and employees
Status: in_force

§ 2045-g. Transfer of officers and employees. Any officer or employee\nof the county or of the Onondaga county solid waste disposal authority,\nunder civil service, selected by the agency may, with the consent of the\ncounty or such authority, be transferred to the agency and shall be\neligible for such transfer and appointment, without examination, to\napplicable offices, positions and employment under the agency. The\nsalary or compensation of any such officer or employee, after such\ntransfer, shall be paid by the agency. Any such officers or employees so\ntransferred to the agency pursuant to this subdivision, who are members\nof or benefit under any existing pension or retirement fund or system,\nshall continue to have all rights, privileges, obligations and status\nwith respect to such fund or system as are now prescribed by law, but\nduring the period of their employment by the agency, all contributions\nto such fund or system to be paid by the employer on account of such\nofficers or employees shall be paid by the agency. All such officers or\nemployees so transferred to the agency who have been appointed to\npositions under the rules and classifications of the personnel officer\nof the county shall have the same status with respect thereto after\ntransfer to the agency as they had under their original appointment.\n
N.Y. PBA Law § 2050-Y — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-Y
Separability
Status: in_force

§ 2050-y. Separability. If any section, clause or provision in this\ntitle shall be held by a court of competent jurisdiction to be\nunconstitutional or ineffective in whole or in part, to the extent that\nit is not unconstitutional or ineffective, it shall be valid and\neffective, and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. PBA Law § 2047-J — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-J
State, county and municipalities not liable on agency bonds
Status: in_force

§ 2047-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 § 2041-L — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-L
Agreement with state
Status: in_force

§ 2041-l. Agreement with state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the authority pursuant to\nthis title that the state will not alter, limit or impair the rights\nhereby vested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, 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 agreements 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 to\nimpair the rights and remedies of the holders of bonds, until the bonds,\ntogether with interest thereon, including interest on any unpaid\ninstallments of interest, and all costs and expenses in connection with\nany action or proceeding by or on behalf of the holders of bonds, are\nfully met and discharged, provided, however, that this section shall not\nbe construed to limit in any manner the ability of the state to alter,\namend or enforce 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 the holders of bonds.\n
N.Y. PBA Law § 2050-D — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-D
Transfer of property to agency; acquisition of property by county for agency
Status: in_force

§ 2050-d. Transfer of property to agency; acquisition of property by\ncounty for agency. 1. The county or any other municipality may give,\ngrant, sell, convey, loan, license the use of or lease to the agency any\nproperty or facility which is useful in connection with the exercise by\nthe agency of its powers under this title. Any such gift, grant, sale,\nconveyance, loan, license or lease shall be upon such terms and\nconditions, subject to the rights of the holders of any bonds, as the\nagency and the county or other municipality may agree.\n  2. The county may acquire by purchase or condemnation real property in\nthe name of the county for any corporate purpose of the agency.\n  3. Notwithstanding the provisions of any other law, general, special\nor local, real property acquired by the agency or the county from the\nstate may be used for any corporate purpose of the agency.\n
N.Y. PBA Law § 2053-P — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-P
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2053-p. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of 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\nauthority 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, special ad valorem levies or special\nassessments upon any property owned by it or under its jurisdiction,\ncontrol or supervision or upon its activities or any filing, recording\nor transfer fees or taxes in relation to instruments filed, recorded or\ntransferred by it or on its behalf. The construction, use, occupation or\npossession of any property owned by the authority or the county,\nincluding improvements thereon, by any person or public corporation\nunder a lease, lease and sublease or any other agreement shall not\noperate to abrogate or limit the foregoing exemption, notwithstanding\nthat the lessee, user, occupant or person in possession shall claim\nownership for federal income tax purposes. Mortgages made or financed,\ndirectly or indirectly, by the authority shall be exempt from the\nmortgage recording taxes imposed by article eleven of the tax law. The\nauthority 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 authority shall be exempt from\ntaxes, except for transfer and estate taxes. The revenues, moneys and\nall other property and all transactions and activities of the authority\nshall be exempt from all taxes and governmental fees or charges, whether\nimposed by the state or any municipality, including without limitation\nreal estate taxes, franchise taxes, sales taxes or other excise taxes.\nThe state hereby covenants with the purchasers and with all subsequent\nholders and transferees of bonds issued by the authority pursuant to\nthis title, in consideration of the acceptance of any payment for the\nbonds, that the bonds of the authority issued pursuant to this title and\nthe income therefrom and all revenues, moneys, and other property\npledged to secure the payment of such bonds shall at all times be free\nfrom taxation except for transfer and estate taxes.\n
N.Y. PBA Law § 2037 — New York Code / Act PBA / Article 8 / Title 13 / Section 2037
Limitation on power of the authority
Status: in_force

* § 2037. Limitation on power of the authority. Notwithstanding any\nother provision of this title, the authority, on and after the effective\ndate of this section, shall not exercise any of the powers granted\npursuant to subdivisions three, four, six, seven, eight, nine, ten,\nthirteen, fourteen and fifteen of section two thousand eighteen, or\nsection two thousand twenty or two thousand twenty-one of this title,\nwithout approval by resolution of the county legislature; provided,\nhowever, that the authority may continue to exercise such powers granted\npursuant to subdivisions three, four, six, seven, eight, nine, ten,\nthirteen, fourteen and fifteen of section two thousand eighteen of this\ntitle as may be necessary for the routine operation and ordinary\nmaintenance of the properties of the authority unless the county\nlegislature otherwise acts to the contrary within forty-five days of the\nsubmission to the county legislature of a request by the authority for\napproval to exercise any such powers.\n  * NB Expired April 1, 1982\n
N.Y. PBA Law § 2049-F — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-F
Transfer of officers and employees
Status: in_force

§ 2049-f. Transfer of officers and employees. Any officer or employee\nof the town under civil service who is selected by the authority may,\nwith the consent of the town supervisor, be transferred to the authority\nand shall be eligible for such transfer and appointment, without\nexamination, to applicable offices, positions and employment under the\nauthority. The salary or compensation of any such officer or employee,\nafter such transfer, shall be paid by the authority. Any such officers\nor employees so transferred to the authority pursuant to this section,\nwho are members of or benefit under any existing pension or retirement\nfund or system, shall continue to have all rights, privileges,\nobligations and status with respect to such fund or system as are now\nprescribed by law, but during the period of their employment by the\nauthority, all contributions to such funds or system shall be paid by\nthe authority. All such officers or employees so transferred to the\nauthority who have been appointed to positions under the rules and\nclassifications of the personnel officer of the town shall have the same\nstatus with respect thereto after transfer to the authority as they had\nunder their original appointment.\n
N.Y. PBH Law § 1389-FF — New York Code / Act PBH / Article 13 / Title 13 / Section 1389-FF
Rules and regulations
Status: in_force

§ 1389-ff. Rules and regulations.  The commissioner shall promulgate\nrules and regulations in conformity with the standards for generators of\nregulated medical waste, and the storage, containment, treatment and\ndisposal of regulated medical waste found in this title. Nothing in this\ntitle shall authorize the commissioner to adopt or amend any rule or\nregulation in a manner inconsistent with the provisions of title fifteen\nof article twenty-seven of the environmental conservation law.\n
N.Y. PBA Law § 2049-S — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-S
Audit and annual report
Status: in_force

§ 2049-s. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the state comptroller\nand an annual audit shall be performed by an independent certified\naccountant. The authority shall annually submit to the governor and\nstate comptroller and to the state legislature a detailed report\npursuant to the provisions of section two thousand five hundred of title\none of article nine of this chapter, and a copy of such report shall be\nfiled with the town supervisor. The authority shall comply with the\nprovisions of sections two thousand five hundred one, two thousand five\nhundred two, and two thousand five hundred three of title one of article\nnine of this chapter.\n
N.Y. PBA Law § 2046-G — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-G
Bonds and notes
Status: in_force

§ 2046-g. Bonds and notes. 1. The agency shall have the power and is\nhereby authorized from time to time to issue bonds and notes, in\nconformity with applicable provisions of the uniform commercial code, in\nsuch principal amounts as it may determine to be necessary to pay the\ncost of any project or for any other corporate purpose, including\nincidental expenses in connection therewith provided such bonds and\nnotes shall in no event exceed fifty million dollars in outstanding\nindebtedness at any time, except as any such higher amount has been\napproved in advance of issuance by the qualified voters of the town of\nIslip at a public referendum conducted pursuant to the rules and\nregulations of the state board of elections. The agency shall have power\nand is hereby authorized to enter into such agreements and perform such\nacts as may be required under any applicable federal legislation to\nsecure a federal guarantee of any bonds or notes. The agency shall have\npower from time to time to refund any bonds or notes by the issuance of\nnew bonds or notes whether the bonds or notes to be refunded have or\nhave not matured, and may issue bonds or notes partly to refund bonds or\nnotes then outstanding and partly for any other corporate purpose. Bonds\nor notes issued by the agency may be general obligations secured by the\nfaith and credit of the agency or may be special obligations payable\nsolely out of particular revenues or other moneys as may be designated\nin the proceedings of the agency under which the bonds or notes shall be\nauthorized to be issued and subject to any agreements with the holders\nof outstanding bonds and notes pledging any particular revenues or\nmoneys.\n  2. The bonds and notes shall be authorized by resolution of the\ngoverning body, shall bear such date or dates, shall mature at such time\nor times, shall bear interest at such rate or rates, be in such\ndenominations, be in such form, either coupon or registered, carry such\nregistration privileges, be executed in such manner, be payable in such\nmedium of payment at such place or places and be subject to such terms\nof redemption as such resolution or resolutions may provide, provided\nthat no note or any renewal thereof shall mature more than five years\nafter the date of issue of the original note and provided that no bond\nshall mature more than forty years after the date of the original\nissuance. The bonds and notes of the agency may be sold by the agency at\npublic or private sale at such price or prices as the agency shall\ndetermine, provided that the terms of any private sale of bonds shall be\napproved in writing by the state comptroller where such sale is not to\nthe state comptroller, or by the director of the division of the budget\nwhere such sale is to the state comptroller. The agency may pay all\nexpenses, premiums and commissions which it may deem necessary or\nadvantageous in connection with the issuance and sale thereof.\n  3. Any resolution or resolutions authorizing any bonds or notes or any\nissue thereof may contain provisions, which shall be a part of the\ncontract with the holders thereof, as to:\n  (a) pledging all or any part of the moneys or revenues derived by the\nagency from the ownership or operation of, or otherwise in connection\nwith, any project or projects or any part or parts thereof to secure the\npayment of the bonds or notes or of any issue thereof, subject to such\nagreements with bondholders or noteholders as may then exist;\n  (b) the amount, use and disposition of the rates, rentals, fees and\nother charges to be fixed and collected by the agency;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the right of the agency to restrict and regulate\nthe use of the properties in connection with which such bonds or notes\nare issued;\n  (e) limitations on the purpose to which the proceeds of sale of bonds\nor notes may be applied;\n  (f) limitations on the issuance of additional bonds or notes, the\nterms upon which additional bonds or notes may be issued and secured and\nthe refunding of outstanding or other bonds or notes;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders or noteholders may be amended or abrogated, the amount of\nbonds or notes the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (h) the creation of special funds into which any moneys or revenues of\nthe agency may be deposited;\n  (i) the terms and provisions of any mortgage or trust deed or\nindenture securing the bonds or notes or under which the bonds or notes\nmay be issued;\n  (j) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the agency may determine which may include any or all\nof the rights, powers and duties of the trustee appointed by the\nbondholders or noteholders pursuant to this title, and limiting or\nabrogating the right of the bondholders or noteholders to appoint a\ntrustee under this title or limiting the rights, powers and duties of\nsuch trustee;\n  (k) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the agency to the bondholders\nor noteholders and providing the rights and remedies of the bondholders\nor noteholders in the event of such default, including as a matter of\nright the appointment of a receiver, provided, however, that such rights\nand remedies shall not be inconsistent with the general laws of the\nstate and other provisions of this title;\n  (l) limitations on the power of the agency to sell or otherwise\ndispose of its properties;\n  (m) limitations on the amount of money derived from the properties to\nbe expended for operating, administrative or other expenses of the\nagency;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders or noteholders;\n  (o) the obligations of the agency in relation to the construction,\nmaintenance, operation, repairs and insurance of the properties of the\nagency, the safeguarding and application of all moneys and the\nrequirements for the supervision and approval of consulting engineers in\nconnection with construction, maintenance and operation of such\nproperties;\n  (p) the payment of the proceeds of bonds and notes and other moneys\nand revenues of the agency to a trustee or other depositary, and for the\nmethod of disbursement thereof with such safeguards and restrictions as\nthe agency may determine;\n  (q) any other matters, of like or different character which in any way\naffect the security or protection of the bonds and notes.\n  4. In addition to the powers herein conferred upon the agency to\nsecure its bonds and notes, the agency shall have power in connection\nwith the issuance of bonds and notes to enter into such agreements as\nthe agency may deem necessary, convenient or desirable concerning the\nuse or disposition of its moneys or property including the mortgaging of\nonly such property and the entrusting, pledging or creation of any other\nsecurity interest in any such moneys or property and the doing of any\nact, including refraining from doing any act, which the agency would\nhave the right to do in the absence of such agreements. The agency shall\nhave power to enter into amendments of any such agreements within the\npowers granted to the agency by this title and to perform such\nagreements. The provisions of any such agreements may be made a part of\nthe contract with the holders of the bonds and notes of the agency.\n  5. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the agency shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the agency\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  6. Whether or not the bonds or notes are of such form and character as\nto be negotiable instruments under the terms of the uniform commercial\ncode, the bonds and notes are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds and notes for registration.\n  7. Neither the directors of the agency nor any person executing the\nbonds or notes shall be liable personally on the bonds or notes or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  8. The agency, subject to such agreements with bondholders or\nnoteholders as may then exist, shall have power out of any funds\navailable therefor to purchase bonds or notes of the agency, which shall\nthereupon be cancelled, at a price not exceeding (a) if the bonds or\nnotes are then redeemable, the redemption price then applicable plus\naccrued interest to the next interest payment thereon, or (b) if the\nbonds or notes are not then redeemable, the redemption price applicable\non the first date after such purchase upon which the bonds or notes\nbecome subject to redemption plus accrued interest to such date.\n