N.Y. PBA Law § 2041-B — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-B
Montgomery, Otsego, Schoharie solid waste management authority
Status: in_force

§ 2041-b. Montgomery, Otsego, Schoharie solid waste management\nauthority. 1. A corporation known as the Montgomery, Otsego, Schoharie\nsolid waste management authority is hereby created 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 consisting of members\nappointed by the participating counties. Its membership shall consist of\na board of no more than eight members, who shall be appointed as\nfollows: three members from the county of Montgomery to be appointed by\nthe chairman of the board of supervisors and confirmed by the board of\nsupervisors of such county all of whom shall be residents of the county\nand at least one of whom shall be a resident of the city of Amsterdam;\nthree members from the county of Otsego to be appointed by the chairman\nof the board of representatives and confirmed by the board of\nrepresentatives of such county all of whom shall be residents of the\ncounty and at least one of whom shall be a resident of the city of\nOneonta; two members from the county of Schoharie both of whom shall be\nresidents of the county, and who shall be appointed by the chairman of\nthe board of supervisors and confirmed by the board of supervisors of\nsuch county. The first members of the authority shall be appointed for\nthe following terms from the thirty-first day of December of the year in\nwhich this title shall take effect; one member each to be appointed by\neach county for a term of four years; one member each to be appointed by\neach county for a term of two years; one member to be appointed by the\ncounty of Montgomery for a term of three years; one member to be\nappointed by the county of Otsego for a term of three years. Subsequent\nappointments of members shall be made in the same manner and for terms\nof four years ending in each case on the thirty-first day of December of\nthe last year of each such term. All members shall continue to hold\noffice until their successors are appointed and qualify. Vacancies\noccurring at the end of a term shall each be filled in the manner\nprovided for original appointment and for a four year term. Vacancies\noccurring otherwise than by expiration of a term shall be filled by the\naffected participating county in the same manner respectively, for the\nunexpired terms. Members may be removed from office by the governing\nbody of the county from which appointed for inefficiency, neglect of\nduty or misconduct in office after the authority or governing body has\ngiven such member a copy of the charges against him and an opportunity\nto be heard in person or by counsel in his defense, upon not less than\nten days notice. If any member shall be so removed, there shall be filed\nwith the chairman of the authority and the chairman of such governing\nbody a complete statement of charges made against such member and the\nfindings of the governing body thereon, together with a complete record\nof the proceeding.\n  2. The members of the authority shall receive no compensation for\ntheir services whether as members or officers of the authority but shall\nbe reimbursed for all their actual and necessary expenses incurred in\nconnection with the carrying out of the purposes of this title. The\npowers of the authority shall be vested in the members thereof in office\nfrom time to time and a majority of members shall constitute a quorum at\nany meeting of the authority. No vacancy in the membership of the\nauthority shall impair the right of such members to exercise all the\nrights and perform all the duties of the authority.  Any action taken by\nthe authority under the provisions of this title may be authorized at a\nmeeting of the authority by resolution approved by a majority of the\ntotal number of members then in office, which resolution shall take\neffect immediately.\n  3. The officers of the authority shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the authority and\na secretary, who need not be a member of the authority. Such officers\nshall be selected by the governing body and shall serve in such\ncapacities at the pleasure of the governing body. In addition to the\nsecretary, the governing body may appoint and at pleasure remove an\nexecutive director, an attorney, an engineer and such additional\nofficers and employees as it may determine necessary for the performance\nof the powers and duties of the authority, which positions shall be in\nthe exempt class of civil service, and fix and determine their\nqualifications, duties and compensation, subject to the provisions of\nthe civil service law, provided however, that no elected official of a\nparticipating county or any municipality therein shall be appointed as\nan employee of the authority; provided, however, that nothing contained\nin this section shall prohibit an elected official of a participating\ncounty or municipality therein from furnishing work, materials, supplies\nor labor pursuant to a contract which the authority is empowered to make\npursuant to this title. The governing body may delegate to one or more\nof its members, officers, agents, or employees such powers and duties as\nit may deem proper. The governing body may also from time to time\ncontract for expert professional services. The treasurer shall execute a\nbond, conditioned upon the faithful performance of the duties of his\noffice, the amount and sufficiency of which shall be approved by the\ngoverning body and the premium for which shall be paid by the authority.\n  4. (a) Each of the counties of Montgomery, Otsego and Schoharie\nelecting to participate in the authority shall file, on or before\nOctober first of the year following the year in which this title shall\ntake effect, in the office of the secretary of state, a certificate\nsigned by the chairman of its legislative body setting forth: the name\nof the authority; the names of the members appointed by that county; and\nthe effective date of this title.\n  (b) The authority shall be perpetual in duration and shall continue\nuntil terminated by law, except if the certificate referred to in\nparagraph (a) of this subdivision is not filed by two or more counties\non or before the date specified in such paragraph, then the corporate\nexistence of the authority shall thereupon terminate and it shall be\ndeemed to be and shall be dissolved, provided, however, that no such\ntermination shall take effect so long as the authority shall have bonds\nor other obligations outstanding unless adequate provision has been made\nfor the payment or satisfaction thereof. Upon any termination of the\nexistence of the authority, all of the rights and properties of the\nauthority then remaining shall pass to and be vested in the\nparticipating counties in accordance with such law.\n  5. It is hereby determined and declared, that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the participating counties and the state for\nthe improvement of their health, welfare, and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n
N.Y. PBA Law § 2050-FF — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-FF
Governmental capacity of the authority and municipalities
Status: in_force

§ 2050-ff. Governmental capacity of the authority and municipalities.\nThe towns, other municipalities within the area of operation and the\nauthority, in carrying out their respective powers and duties under this\ntitle, shall be deemed to be acting in a governmental capacity. The\nconstruction, operation and maintenance of any project financed in whole\nor in part by the authority shall be deemed to be the performance of an\nessential governmental function by the authority acting in its\ngovernmental capacity, whether such project shall be owned or operated\nby the authority or by any person or other public corporation.\n
N.Y. PBA Law § 2045-F — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-F
Governmental capacity of the agency and municipalities
Status: in_force

§ 2045-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 § 2049-I — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-I
Remedies of bondholders
Status: in_force

§ 2049-i. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (j) of subdivision three of\nsection two thousand forty-nine-h 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\nof Nassau and proved or acknowledged in the same manner as a deed to be\nrecorded, may appoint a trustee to represent the holders of such bonds\nfor the purpose 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 and charges adequate to\ncarry out any agreement as to, or pledge of, such rents, rates and\ncharges and to require the authority to carry out any other agreements\nwith the holders of such bonds to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, 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 of Nassau.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith holders of such bonds, shall take possession of all moneys and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the authority\nis under obligation to do, and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge thereof or agreement\nwith bondholders relating thereto and perform the public duties and\ncarry out the agreements and obligations of the authority under the\ndirection of the court. In any suit, action or proceeding by the 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
N.Y. PBA Law § 2045-M — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-M
Agreement with the state
Status: in_force

§ 2045-m. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the agency pursuant to\nthis title that the state will not alter or limit the rights hereby\nvested in the agency to purchase, construct, maintain, operate, repair,\nimprove, increase, enlarge, extend, reconstruct, renovate, rehabilitate\nor dispose of any project, or any part or parts thereof, for which bonds\nof the agency shall have been issued, to establish and collect rates,\nrents, fees and other charges referred to in this title, to fulfill the\nterms of any agreement made with or for the benefit of the holders of\nbonds or with any public corporation or person with reference to such\nproject or part thereof, or in any way impair the rights and remedies of\nbondholders, until the bonds, together with the interest thereon, with\ninterest on any unpaid installments of interest, and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nsuch holders, are fully met and discharged. The agency is authorized to\ninclude this pledge and agreement of the state in any agreement with\nbondholders.\n
N.Y. PBA Law § 2026 — New York Code / Act PBA / Article 8 / Title 13 / Section 2026
Bonds and notes legal investments for fiduciaries
Status: in_force

§ 2026. Bonds and notes legal investments for fiduciaries. The bonds,\nor notes, are hereby made securities in which all public officers and\nbodies of this state and all municipalities and municipal subdivisions,\nall insurance companies and associations and other persons carrying on\nan insurance business, all banks, bankers, trust companies, savings\nbanks and savings associations, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons\ncarrying on a banking business, and all other persons whatsoever, except\nas hereinafter provided, who are now or may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem; provided that, notwithstanding the provisions of any other general\nor special law to the contrary, such bonds or notes shall not be\neligible for the investment of funds including capital, of trusts,\nestates or guardianships under the control of individual administrators,\nguardians, executors, trustees and other individual fiduciaries. The\nbonds or notes are also hereby made securities which may be deposited\nwith and may be received by all public officers and bodies of this state\nand all municipalities and municipal subdivisions for any purpose for\nwhich the deposit of bonds or other obligations of this state is now or\nmay hereafter be authorized.\n
N.Y. PBA Law § 2051-I — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-I
Remedies of bondholders
Status: in_force

§ 2051-i. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (j) of subdivision three of\nsection two thousand fifty-one-h 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 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 authority to collect rents, rates and charges adequate to\ncarry out any agreement as to, or pledge of, such rents, rates and\ncharges and to require the authority to carry out any other agreements\nwith the holders of such bonds to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county.\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\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 of the authority shall have been issued, to establish\nand collect rates, rents, fees and other charges referred to in this\ntitle and to fulfill the terms of any agreements made with the holders\nof the bonds or with any public corporation or person with reference to\nsuch project or part thereof, or in any way impair the rights and\nremedies of the bondholders, until the bonds, together with interest\nthereon, with interest on any unpaid installments of interest and all\ncosts and expenses in connection with any action or proceeding by or on\nbehalf of the bondholders are fully met and discharged.\n
N.Y. PBA Law § 2049-JJ — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-JJ
State, counties and municipalities not liable on authority bonds
Status: in_force

§ 2049-jj. State, counties and municipalities not liable on authority\nbonds. Neither the state, the counties nor any other muncipality or\npublic corporation shall be liable on the bonds of the authority and\nsuch bonds shall not be a debt of the state, the counties or any other\nmunicipality or public corporation, and such bond shall contain on the\nface thereof, a statement to such effect.\n
N.Y. PBA Law § 2053-B — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-B
Definitions
Status: in_force

§ 2053-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Animal shelter" shall mean any facility, building, or structure,\nwhere temporary or permanent housing and care is provided to stray,\nabandoned, abused, seized, impounded, owner-surrendered or otherwise\nunwanted animals.\n  2. "Animal management services" shall mean any and all services\nprovided to promote animal care and to protect public health and safety,\nincluding, but not limited to the following services: providing housing\nand care for stray, abandoned, abused, seized, impounded,\nowner-surrendered or otherwise unwanted animals in an animal shelter;\nthe processing and disposal of animal waste; the disposal of dead\nwildlife removed from roadways following wildlife-vehicle collisions;\nproviding animal control; and any other similar service related thereto.\n  3. "Authority" shall mean the public benefit corporation created by\nsection two thousand fifty-three-c of this title, known as the Rockland\ncounty solid waste management authority and shall also hereby be known\nas Rockland Green and/or RG Cares.\n  4. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title and the\nprovisions of this title relating to bonds and bondholders and shall\napply with equal force and effect to notes and obligations and\nnoteholders and obligation holders, respectively, unless the context\notherwise clearly requires.\n  5. "Construction" shall mean the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a solid waste management\nfacility or animal shelter; the inspection and supervision thereof; and\nthe engineering, architectural, legal, fiscal and economic\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions incidental thereto subject\nto the provisions of section two thousand fifty-three-f of this title.\n  6. "Cost," as applied to any project, shall mean and include the cost\nof construction, the cost of the acquisition of all property, including\nreal property and other property, both real and personal and improved\nand unimproved, subject to the provisions of section two thousand\nfifty-three-f of this title, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of relocating tenants or other occupants of the buildings or\nstructures on such land, including the cost of acquiring any lands to\nwhich such buildings or structures may be moved or relocated, the cost\nof all systems, facilities, machinery, apparatus and equipment,\nfinancing charges, interest prior to, during and after construction to\nthe extent not paid or provided for from revenues or other sources, the\ncost of engineering and architectural surveys, plans and specifications,\nthe cost of consultant, legal and other professional services, the cost\nof lease guarantee or bond insurance and the cost of other expenses\nnecessary or incidental to the construction thereof, including the\namount authorized in the resolution of the authority providing for the\nissuance of bonds to be paid into any reserve or other special fund from\nthe proceeds of such bonds, the financing of the placing of any project\nin operation and reimbursement to the county, any municipality, any\nstate agency, the state, the United States government or any other\nperson for expenditures that would be costs of the project hereunder had\nthey been made directly by the authority.\n  7. "County" shall mean the county of Rockland.\n  8. "Governing body" shall mean the members of the authority\nconstituting and acting as the governing body of the authority.\n  9. "Municipality" shall mean any county, city, town, village, district\nor any combination thereof.\n  10. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n  11. "Project" shall mean any solid waste management facility or animal\nshelter, the planning, development, financing, construction, operation\nor maintenance of which is authorized to be undertaken in whole or in\npart by the authority pursuant to this title.\n  12. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands underwater, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute, but also any and all lesser\ninterests including, but not limited to, easements, rights-of-way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  13. "Resource recovery" shall mean the separation, extraction and\nrecovery of usable materials, energy or heat from solid waste through\nsource separation, recycling centers, composting, combustion or other\nprograms, projects or facilities.\n  14. "Revenues" shall mean all rates, fees, rents, charges, receipts\nand other income derived by the authority from its operations.\n  15. "Solid waste" shall mean all putrescible and non-putrescible solid\nwastes, including, but not limited to, materials or substances which are\ndiscarded or rejected as being spent, useless, worthless, or in excess\nto the owners at the time of such discard or rejection, or which are\nbeing accumulated, stored, or physically, chemically or biologically\ntreated prior to being discarded or rejected, having served their\nintended use, or which are manufacturing by-products, including, but not\nlimited to, garbage, refuse, industrial, commercial and agricultural\nwaste sludges from air or water pollution control facilities or water\nsupply treatment facilities, rubbish, ashes, contained gaseous material,\nincinerator residue, demolition and construction debris and offal, but\nnot including sewage and other highly diluted water carried materials or\nsubstances and those in gaseous form, special nuclear or by-product\nmaterial within the meaning of the Atomic Energy Act of 1954, as\namended, or waste which appears on the list or satisfies the\ncharacteristics of hazardous waste promulgated by the commissioner of\nenvironmental conservation pursuant to section 27-0903 of the\nenvironmental conservation law or any scrap or other material of value\nheld for purposes of materials recycling other than materials designated\nas recyclables, pursuant to section one hundred twenty-aa of the general\nmunicipal law.\n  16. "Solid waste management facility" or "facility" shall mean any\nfacility, plant, works, system, building, structure, improvement,\nmachinery, equipment, fixture or other real or personal property which\nis to be used, occupied or employed beyond the initial solid waste\ncollection process for the receiving, transporting, storage, processing,\ntreatment, or disposal of solid waste or the recovery by any means of\nany material or energy product or resource therefrom including but not\nlimited to recycling centers, material recovery facilities, mixed waste\nprocessing facilities, household hazardous waste facilities, transfer\nstations, shredding facilities, baling facilities, rail haul or maritime\nfacilities, processing systems, resource recovery facilities, steam and\nelectric generating and transmission facilities, including auxiliary\nfacilities to supplement or temporarily replace such generating\nfacilities, steam distribution facilities, sanitary landfills, plants\nand facilities for compacting, composting or pyrolization of solid\nwastes or manufacturing or enhancing the value of materials or\ncommodities recovered from solid waste, incinerators and other solid\nwaste disposal, reduction or conversion facilities and resource recovery\nequipment, source separation equipment and disposal equipment as defined\nin subdivisions four and five of section 51-0903 of the environmental\nconservation law.\n  17. "Solid waste management plan" shall mean the Rockland county\nintegrated solid waste management plan as it may be adopted, amended and\nsupplemented from time to time in accordance with section 27-0107 of the\nenvironmental conservation law.\n  18. "Source separation" shall mean the segregation of recyclable\nmaterials from the solid waste stream at the point of generation for\nseparate collection, sale or other disposition.\n  19. "State" shall mean the state of New York.\n
N.Y. PBA Law § 2045-B — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-B
Definitions
Status: in_force

§ 2045-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Agency" shall mean the public benefit corporation created by\nsection two thousand forty-five-c of this title, known as the Onondaga\ncounty resource recovery agency.\n  2. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the agency pursuant to this title and the\nprovisions of this title relating to bonds and bondholders shall apply\nwith equal force and effect to notes and noteholders, respectively,\nunless the context otherwise clearly requires.\n  3. "Cost", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nreal property and other property, both real and personal and improved\nand unimproved, the cost of demolishing, removing or relocating any\nbuildings or structures on lands so acquired, including the cost of\nacquiring any lands to which such buildings or structures may be moved\nor relocated, the cost of all systems, facilities, machinery, apparatus\nand equipment, financing charges, interest prior to, during and after\nconstruction to the extent not paid or provided for from revenues or\nother sources, the cost of engineering and architectural surveys, plans\nand specifications, the cost of consultants' and legal services, the\ncost of lease guarantee or bond insurance, other expenses necessary or\nincidental to the construction of such project and the financing of the\nconstruction thereof, including the amount authorized in the resolution\nof the agency providing for the issuance of bonds to be paid into any\nreserve or other special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including\nreimbursement to the county, or any municipality, state agency, the\nstate, the United States government, or any other person for\nexpenditures that would be costs of the project hereunder had they been\nmade directly by the agency.\n  4. "County" shall mean the county of Onondaga.\n  5. "Construction" shall mean the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a solid waste\nmanagement-resource recovery facility; the inspection and supervision\nthereof; and the engineering, architectural, legal, fiscal and economic\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions incidental thereto.\n  6. "Governing body" shall mean the members of the agency constituting\nand acting as the governing body of the agency.\n  7. "Municipality" shall mean any county, city, town or village or any\ncombination thereof.\n  8. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n  9. "Project" shall mean any solid waste management-resource recovery\nfacility, the planning, development, financing, construction, operation,\nor maintenance of which is authorized to be undertaken in whole or in\npart by the agency pursuant to this title.\n  10. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute, but also any and all lesser\ninterests including, but not limited to, easements, rights of way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  11. "Resource recovery" shall mean the separation, extraction and\nrecovery of usable materials, energy or heat from solid waste through\nsource separation, recycling centers or other programs, projects or\nfacilities.\n  12. "Revenues" shall mean all rates, fees, rents, charges and other\nincome derived by the agency from its operations.\n  13. "Solid waste" shall mean all materials or substances discarded or\nrejected as being spent, useless, worthless, or in excess to the owners\nat the time of such discard or rejection, including but not limited to\ngarbage, refuse, industrial and commercial waste, sludges from air or\nwater pollution control facilities or water supply treatment facilities,\nrubbish, ashes, contained gaseous material, incinerator residue,\ndemolition and construction debris and offal, but not including sewage\nand other highly diluted water-carried materials or substances and those\nin gaseous form, source, special nuclear or by-product material within\nthe meaning of the Atomic Energy Act of 1954, as amended, and waste\nwhich appears on the list of hazardous waste promulgated by the\ncommissioner of environmental conservation pursuant to section 27-0903\nof the environmental conservation law.\n  14. "Solid waste management-resource recovery facility" or "facility"\nshall mean any facility, plant, works, system, building, structure,\nimprovement, machinery, equipment, fixture or other real or personal\nproperty which is to be used, occupied or employed beyond the initial\nsolid waste collection process for the receiving, transporting, storage,\nprocessing, or disposal of solid waste or the recovery by any means of\nany material or energy product or resource therefrom including but not\nlimited to recycling centers, transfer stations, baling facilities, rail\nhaul or maritime facilities, processing systems, resource recovery\nfacilities, steam and electric generating and transmission facilities,\nincluding auxiliary facilities to supplement or temporarily replace such\ngenerating facilities, steam distribution facilities, sanitary\nlandfills, plants and facilities for compacting, composting or\npyrolization of solid wastes, incinerators, and other solid waste\ndisposal, reduction or conversion facilities and resource recovery\nequipment and disposal equipment as defined in subdivisions four and\nfive of section 51-0903 of the environmental conservation law.\n  15. "State" shall mean the state of New York.\n  16. "Source separation" shall mean the segregation of recyclable\nmaterials from the solid waste stream at the point of generation for\nseparate collection, sale or other disposition.\n
N.Y. PBA Law § 2045-P — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-P
Contracts
Status: in_force

§ 2045-p. Contracts. 1. All contracts or orders, for work, material or\nsupplies performed or furnished in connection with construction, shall\nbe awarded by the agency pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, shall be\nmade in compliance with paragraph (e) of subdivision four and\nsubdivision seven of section one hundred twenty-w of the general\nmunicipal law. In any construction contract, the agency may provide a\nprogram for the payment of damages for delays and incentive awards in\norder to encourage timely project completion. An action, suit or\nproceeding contesting the validity of a contract awarded pursuant to\nthis section, or the validity of the procedures relating to such award,\nshall be governed by the provisions of subdivision six of section one\nhundred twenty-w of the general municipal law and the term\n"municipality" as used in such subdivision six shall mean the agency.\n  2. The bidder whose bid is accepted shall give security for the\nfaithful performance of the contract, and such other security as the\nagency may require, and may be required to maintain any construction\ndone under the contract for such period as shall be stipulated, all in\nthe manner prescribed and required by the agency and the sufficiency of\nsuch security shall, in addition to the justification and\nacknowledgment, be approved by the agency. All bids or proposals shall\nbe publicly opened by the governing body or its duly authorized agent.\nIf the bidder whose bid or proposal has been accepted after advertising\nshall neglect or refuse to accept the contract within five days after\nwritten notice that the contract has been awarded to him on his bid or\nproposal, or, if he accepts but does not execute the contract and give\nproper security, the agency shall have the right to declare his deposit\nforfeited. In case any work shall be abandoned by any contractor, the\nagency may, if it determines that the public interest is thereby served,\nadopt on behalf of the agency any or all subcontracts made by such\ncontractor for such work and all such subcontractors shall be bound by\nsuch adoption if made. No bid or proposal shall be accepted from or any\ncontract awarded to, any person or corporation who is in arrears to the\nagency or the county upon any obligation of the agency or of the county.\nEvery contract involving an expenditure of more than five thousand\ndollars when made and entered into as herein provided for shall be\nexecuted in duplicate, one copy of which shall be held by the agency and\none copy of which shall be delivered to the contractor. The agency may\nadopt, utilize, ratify and confirm any request for proposals, invitation\nfor sealed bids, plans, specifications and notices heretofore or\nhereafter published by the county with respect to any proposed project,\nand the agency may adopt, utilize, accept and confirm any bids or\nproposals submitted to the county and heretofore or hereafter received\nand publicly opened by the county. The provisions of this section shall\nsupersede any inconsistent provisions of the general municipal law, any\nother general, special or local law, or the charter of the county. The\nagency shall be deemed an authority for the purpose of section\ntwenty-eight hundred seventy-eight of this chapter.\n
N.Y. PBA Law § 2018 — New York Code / Act PBA / Article 8 / Title 13 / Section 2018
Powers of the authority
Status: in_force

§ 2018. Powers of the authority. The authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, in the name of the authority, lease, hold and dispose\nof real estate and personal property or any interest therein for its\ncorporate purposes, including the power to purchase prospective or\ntentative awards in connection with the exercise of the power of\ncondemnation hereinafter granted;\n  4. To acquire in the name of the authority any lands, easements,\nrights in lands, contract rights and franchises for the purpose of\nerecting receiving/transfer stations and/or treatment stations including\nequipment or any other property incidental to and included in such\nimprovements;\n  5. To receive, transport, process and dispose of solid waste\nmaterials;\n  6. To condemn in the name of the authority, within the territorial\nlimits of the county of Onondaga, any lands, easements or rights in land\nrequired by the authority for the purpose of constructing and erecting\nproper receiving/transfer and/or treatment stations;\n  7. To construct and develop disposal sites for solid waste materials\nwithin the county of Onondaga, and to have the right to contract with\nother municipalities or any other governmental subdivision for disposal\noutside the county of Onondaga, and to purchase, lands, easements,\nrights in lands and rights-of-way in connection therewith within such\ncounty and to own and operate, maintain, repair, improve, reconstruct,\nenlarge and extend, subject to provision of this title, any of its\nproperties acquired or constructed under this title, all of which,\ntogether with the acquisition of such properties, are hereby declared to\nbe public purposes;\n  8. To receive from any or all municipalities, as well as private\nparties, within the county of Onondaga, or from such other sources as\nthe authority may deem proper, solid wastes for the purpose of disposal\nthereof, with the right of the authority to sell and dispose of any such\nproducts of the waste material as they may deem best and proper;\n  9. To contract with municipalities within the county of Onondaga or\noutside the county of Onondaga or with private contractors for the\npurpose of treating and disposing of solid waste materials;\n  10. To acquire, hold, use, lease, sell, transfer and dispose of any\nproperty, real, personal or mixed, or any interest therein, for its\ncorporate purposes;\n  11. To make by-laws for the management and regulation of its affairs\nand subject to agreements with bondholders, rules for the receiving and\ndisposing of solid wastes and charges therefor. A copy of such rules and\nby-laws, and all amendments thereto, duly certified by the secretary of\nthe authority shall be filed in the office of the clerk of the county\nand thereafter published once in two newspapers having a general\ncirculation in the county;\n  12. To use the officers, employees, facilities and equipment of the\ncounty with the consent of the county, paying a proper portion of the\ncompensation or cost;\n  13. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable;\n  14. To enter on any lands, waterways and premises for the purpose of\nmaking surveys, soundings and examinations;\n  15. To borrow money and to issue negotiable bonds or notes or other\nobligations and to fund or refund the same, and to provide for the\nrights of the holders of its obligations;\n  16. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds, notes or\nother obligations of the authority together with the maintenance of\nproper reserves therefor, in addition to paying as the same shall become\ndue the expense of operating and maintaining the properties of the\nauthority together with proper reserves for depreciation, maintenance\nand contingencies and all other obligations and indebtedness of the\nauthority;\n  17. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the county, or an individual, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n  18. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n
N.Y. PBA Law § 2047-I — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-I
Remedies of bondholders
Status: in_force

§ 2047-i. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (j) of subdivision three of\nsection two thousand forty-six-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 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 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-G — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-G
Transfer of officers and employees
Status: in_force

§ 2052-g. Transfer of officers and employees. Any public officer or\nemployee under civil service who is selected by the authority may, with\nthe consent of the commission, board or chief executive officer of the\nmunicipality by which he or she has been employed, be transferred to the\nauthority and shall be eligible for such transfer and appointment\nwithout examination to comparable offices, positions and employment\nunder the authority. The salary or compensation of any such officer or\nemployee, after such transfer, shall be paid by the authority. Any such\nofficers or employees so transferred to the authority pursuant to this\nsection, who are members of or benefit under any existing pension or\nretirement fund or system, shall continue to have all rights,\nprivileges, obligations and status with respect to such fund or system\nas are now prescribed by law, but, during the period of their employment\nby the authority, all contributions to such funds or systems to be paid\nby the employer on account of such officers or employees shall be paid\nby the authority. All such officers or employees so transferred to the\nauthority who have been appointed to positions under the rules and\nclassifications of the civil service commission shall have the same\nstatus with respect thereto after transfer to the authority as they had\nunder their original appointment.\n
N.Y. PBA Law § 2028 — New York Code / Act PBA / Article 8 / Title 13 / Section 2028
Tax contract by the state
Status: in_force

§ 2028. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds or notes issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payment for the bonds or notes\nthat the bonds and notes of the authority issued pursuant to this title\nand the income therefrom, and all moneys, funds and revenues pledged to\npay or secure the payment of such bonds or notes, shall at all times be\nfree from taxation except for transfer and estate taxes.\n
N.Y. PBA Law § 2047-H — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-H
Bonds of the agency
Status: in_force

§ 2047-h. Bonds of the agency. 1. The agency shall have the power and\nis hereby authorized from time to time to issue bonds, in conformity\nwith applicable provisions of the uniform commercial code, in such\nprincipal amounts as it may determine to be necessary to pay the cost of\nany project or for any other corporate purpose, including incidental\nexpenses in connection therewith. The agency shall have power and is\nhereby authorized to enter into such agreements and perform such acts as\nmay be required under any applicable federal legislation to secure a\nfederal guarantee of any bonds. The agency shall have power from time to\ntime to refund any bonds by the issuance of new bonds whether the bonds\nto be refunded have or have not matured, and may issue bonds partly to\nrefund bonds then outstanding and partly for any other corporate\npurpose. Bonds issued by the agency may be general obligations secured\nby the faith and credit of the agency or may be special obligations\npayable solely out of particular revenues or other moneys as may be\ndesignated in the proceedings of the agency under which the bonds shall\nbe authorized to be issued and subject to any agreements with the\nholders of outstanding bonds pledging any particular revenues or moneys.\n  2. Bonds shall be authorized by resolution of the agency, be in such\ndenominations and bear such date or dates and mature at such time or\ntimes, as such resolution may provide, except that notes and any\nrenewals thereof shall mature within five years from the date of the\noriginal issuance and bonds shall mature within thirty years from the\ndate of original issuance of any such bond or note. The bonds and notes\nshall be subject to such terms of redemption, bear interest at such rate\nor rates payable at such times, be in such form, either coupon or\nregistered, carry such registration privileges, be executed in such\nmanner, be payable in such medium of payment at such place or places,\nand be subject to such terms and conditions as such resolution may\nprovide. Bonds may be sold at public or private sale for such price or\nprices as the agency shall determine. Bonds of the agency shall not be\nsold by the agency at private sale unless such sale and the terms\nthereof have been approved in writing by the state comptroller, where\nsuch sale is not to the comptroller, or by the state director of the\nbudget, where such sale is to the 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 agency to secure the payment of the bonds, including but not\nlimited to any contracts, earnings or proceeds of any grant to the\nagency received from any private or public source;\n  (b) The setting aside of reserves and the creation of sinking funds\nand the regulations and disposition thereof;\n  (c) Limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) The rates, rents, fees and other charges to be fixed and collected\nby the agency and the amount to be raised in each year thereby and the\nuse and disposition of revenues;\n  (e) Limitations on the right of the agency to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) Limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) The procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds, the\nholders of which must consent thereto and the manner in which such\nconsent may be given;\n  (h) The creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) The terms and provisions of any trust deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (j) Vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the agency may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section two thousand forty-six-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\nsuch trustee;\n  (k) Defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the agency to the bondholders\nand providing for the rights and remedies of the bondholders in the\nevent of such default, including as a matter of right the appointment of\na receiver, provided, however, that such rights and remedies shall not\nbe inconsistent with the general laws of the state and other provisions\nof this title;\n  (l) Limitations on the power of the agency to sell or otherwise\ndispose of any project or any part thereof;\n  (m) Limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the agency;\n  (n) The payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the agency 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 agency to\nsecure its bonds, the agency shall have power in connection with the\nissuance of bonds to enter into such agreements as the agency may deem\nnecessary, consistent or desirable concerning the use or disposition of\nits revenues or other moneys or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, moneys or property and the doing\nof any act (including refraining from doing any act) which the agency\nwould have the right to do in the absence of such agreements. The agency\nshall have power to enter into amendments of any such agreements within\nthe powers 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 bonds 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 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 agency nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  8. The agency, subject to such agreements with bondholders as then may\nexist, shall have power out of any moneys available therefor to purchase\nbonds of the agency, which shall thereupon be cancelled, at a price not\nexceeding (i) if the bonds are then redeemable, the redemption price\nthen applicable, plus accrued interest to the next interest payment\ndate, (ii) if the bonds are not then redeemable, the redemption price\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n
N.Y. PBA Law § 2046-U — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-U
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 2046-u. Title not affected if in part unconstitutional or\nineffective.  If any provision of any section of this title or the\napplication thereof to any person or circumstance shall be adjudged\ninvalid by a court of competent jurisdiction, such order or judgment\nshall be confined in its operation to the controversy in which it was\nrendered, and shall not affect or invalidate the remainder of any\nprovision of any section of this title or the application of any part\nthereof to any other person or circumstance and to this end the\nprovisions of each section of this title are hereby declared to be\nseverable. Nothing contained in this title shall be held to alter or\nabridge the powers and duties of the department of environmental\nconservation.\n
N.Y. PBH Law § 1389-CC — New York Code / Act PBH / Article 13 / Title 13 / Section 1389-CC
Storage and containment of regulated medical waste
Status: in_force

§ 1389-cc. Storage and containment of regulated medical waste.  1.\nContainment of regulated medical waste shall be in a manner and location\nwhich affords protection from the environment and limits exposure to the\npublic.\n  2. Regulated medical waste shall be separated from other waste as soon\nas practicable in the generator's facility.\n  3. Unless otherwise approved by the department, regulated medical\nwaste shall be contained at the producing facility only for such periods\nand under such conditions pursuant to rules and regulations adopted in\nfurtherance of this title.\n  4. Containment of regulated medical waste shall be separate from other\nwastes. Containers used for the containment of regulated medical waste\nshall be marked prominently on the containers with the universal warning\nsign or the word "biohazard".\n  5. Regulated medical waste, except for discarded sharps, shall be\ncontained in bags which are impervious to moisture and have a strength\nsufficient to resist ripping, tearing or bursting under normal\nconditions of usage and of handling.  The bags shall be secured so as to\nprevent leakage during storage, handling or transport. All bags used for\ncontainment and disposal of regulated medical wastes shall be red in\ncolor.\n  6. All discarded sharps shall be contained for disposal in leakproof,\nrigid, puncture-resistant containers which are secured to preclude loss\nof the contents. Such containers shall be red in color or shall be\nconspicuously labeled with the word "infectious" or the words "regulated\nmedical waste".\n  7. Before regulated medical waste is transported from the generating\nfacility, regulated medical waste contained in disposable containers\nshall be placed for storage or handling in disposable or reusable pails,\ncartons, drums, dumpsters or portable bins. The containment system shall\nbe leakproof, have tight-fitting covers and be kept clean and in good\nrepair. The containers may be of any color and shall be conspicuously\nlabeled with the word "infectious" or the words "regulated medical\nwaste".\n  8. Reusable containers for regulated medical waste shall be thoroughly\nwashed and decontaminated each time they are emptied unless the surfaces\nof the containers have been completely protected from contamination by\ndisposable liners, bags or other devices removed with the waste.\n  9. Reusable pails, drums, dumpsters or bins used for containment of\nregulated medical waste shall not be used for containment of waste to be\ndisposed of as other wastes or for other purposes except after being\ndecontaminated.\n  10. Trash chutes shall not be used to transfer regulated medical waste\nbetween locations where it is contained.\n
N.Y. ENV Law § 11-1321 — New York Code / Act ENV / Article 11 / Title 13 / Section 11-1321
Other prohibited acts
Status: in_force

§ 11-1321. Other prohibited acts.\n  1. No person shall take fish (a) by use of explosives or (b) by\nshutting or drawing off water.\n  2. Explosives shall not be used or possessed in or on the waters of\nthe state or shores or islands thereof except for mining or mechanical\npurposes. Possession of explosives in such places by any person shall be\npresumptive evidence of violation of this subdivision.\n  3. Bass, walleye, trout, lake trout and salmon shall not be disturbed\non spawning beds in the closed season, nor shall their spawn or milt be\ntaken from spawning beds at any time.\n  4. Any noise or disturbance of waters or the banks thereof by any\nmeans with intent to drive fish into a net, which practice is commonly\nknown as thumping, is prohibited unless expressly permitted in the terms\nof a license or permit issued by the department.\n  5. No person owning, leasing, operating or maintaining a dam holding\nback water which such person knows or has reason to know is inhabited by\nfish shall draw off such water in such quantities as to cause directly\nthe loss of a substantial number of fish within the impoundment, if such\nperson knows or has reason to know that such loss is likely to occur,\nwithout the written permission of the department. The provisions of this\nsubdivision shall not apply, (a) to the federal government or any agency\nor subdivision thereof, (b) to any hydropower project licensed by the\nFederal Energy Regulatory Commission pursuant to the Federal Power Act\n(16 U.S.C. 791a et seq.), (c) in the event of an emergency, such as\nfire, flood, storm, drought, and the like, where the drawing off of such\nimpounded water is required for public safety or public health, (d) to\nany artificial or man-made body of water lying wholly within the\nboundaries of privately owned or leased lands and operated as a farm\npond, licensed farm fish pond, licensed fishing preserve water or\nlicensed private trout or bass hatchery, or (e) to any city having a\npopulation of one million or more.\n  6. No person taking or assisting in the taking of fish in other than\nthe marine and coastal district, as described in section 13-0103 of this\nchapter shall discard any fish carcass or parts thereof into the waters\nof this state or upon any public lands contiguous to and within one\nhundred feet of such waters or upon any private lands contiguous to and\nwithin one hundred feet of such waters unless such lands are owned by\nsuch person or unless such person enters or remains with the permission\nof the owner of record or his representative or agent. The provisions of\nthis section shall not be deemed to prohibit: the return to the water of\nlive fish or fish required to be returned to the water pursuant to\nsection 11-1301 or 11-1303 of this chapter or rules and regulations\npromulgated pursuant thereto; the use of fish or parts thereof as bait;\nthe discarding of fish carcasses or parts thereof into waters not within\none hundred feet of any shore; the proper disposal of fish carcasses or\nparts thereof into suitable garbage or refuse collection systems or by\nburial; or the incidental cleaning of fish for consumption except that\nno wastes resulting from such cleaning of fish may be disposed of in\nwaters or lands contiguous to and within one hundred feet of any public\nboat launching sites or public docking facilities or on such sites or\nfacilities except by proper disposal into suitable garbage or refuse\ncollection systems or by burial.\n  7. Spears, spear guns and underwater guns shall not be possessed by\nany person on any body of water within the Adirondack park boundary nor\nwithin a distance of two hundred feet of the high water mark of any body\nof water within the Adirondack park boundary at any time when the use of\nspears in the taking of fish from such body of water within the\nAdirondack park boundary is not permitted by law or regulation of the\ndepartment; except that nothing contained herein shall be construed to\nprevent the possession of spears in any dwelling or building within two\nhundred feet of the high water mark of such body of water.\n  8. Spears, spear guns, underwater guns, and snatch hooks shall not be\npossessed by any person on Lake George nor within a distance of two\nhundred feet of the high water mark of such lake, except in a dwelling\nor building, at any time when the use of such devices in the taking of\nfish in such lake is not permitted by law or regulation of the\ndepartment.\n  9. Pacific salmon shall not be taken by hooking, snatching or\nsnagging. Pacific salmon taken by hooking, snatching or snagging shall\nnot be possessed, transported or otherwise trafficked in.\n
N.Y. PBA Law § 2045-C — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-C
Onondaga county resource recovery agency
Status: in_force

§ 2045-c. Onondaga county resource recovery agency. 1. A corporation\nknown as the Onondaga county resource recovery agency is hereby created\nfor the public purposes and charged with the duties and having the\npowers provided in this title. The agency shall be a body corporate and\npolitic constituting a public benefit corporation. It shall consist of\neleven members, provided, however, that after July thirty-first,\nnineteen hundred eighty-nine, such board shall consist of fifteen\nmembers, who shall be appointed as follows: (i) four by the county\nexecutive; (ii) three by the chairman of the county legislature; (iii)\ntwo by the mayor of the city of Syracuse, subject to confirmation by the\ncommon council of such city, provided, however, that after July\nthirty-first, nineteen hundred eighty-nine, such mayor may make four\nadditional appointments to the board subject to confirmation by the\ncommon council of such city; (iv) one by the town board of the town of\nCamillus, except that any other provision of any other law to the\ncontrary notwithstanding, this appointment shall expire on July\nthirty-first, nineteen hundred eighty-nine, and replaced by a member to\nbe appointed by the town board of the town in which the agency sanitary\nlandfill portion of the solid waste management-resource recovery\nfacility is designated to be located or is designated as the preferred\nsite by resolution of the county legislature, as provided in subdivision\none-a of this section; and (v) one by the town board of the town of\nOnondaga, except that any other provision of any other law to the\ncontrary notwithstanding this appointment shall expire on July\nthirty-first, nineteen hundred eighty-nine, and be replaced by a member\nto be appointed by the town board of the town in which the agency\nwaste-to energy portion of the solid waste management-resource recovery\nfacility is designated to be located by resolution of the county\nlegislature. The appointments by the county executive and the chairman\nof the county legislature each shall be subject to confirmation by the\ncounty legislature. In making appointments of members, the county\nexecutive and the chairman of the county legislature shall give due\nconsideration to the representation of diverse geographical areas. The\nfirst members appointed by the county executive shall be appointed for\nthe following terms of office:  one for a term ending on December\nthirty-first, nineteen hundred eighty-two; one for a term ending on\nDecember thirty-first, nineteen hundred eighty-three; and two for a term\nending on December thirty-first, nineteen hundred eighty-four. The first\nmembers appointed by the chairman of the county legislature shall be\nappointed for staggered terms of office ending on December thirty-first\nin each of the years nineteen hundred eighty-two to nineteen hundred\neighty-four, inclusive. The first members appointed by the mayor of the\ncity of Syracuse shall be appointed for staggered terms of office\nending, respectively, on December thirty-first in each of the years\nnineteen hundred eighty-two and nineteen hundred eighty-three, except\nthat if such appointments were not made prior to such dates, then the\nfirst two members appointed by such mayor shall be appointed for\nstaggered terms of office ending, respectively, on December thirty-first\nin each of the years nineteen hundred ninety and nineteen hundred\nninety-one; and provided further that of the four additional members\nappointed pursuant to this subdivision by such mayor to the board after\nJuly thirty-first, nineteen hundred eighty-nine, two shall be appointed\nfor terms of office ending on December thirty-first, nineteen hundred\nninety-one, and two shall be appointed for terms of office ending on\nDecember thirty-first, nineteen hundred ninety-two.  The first member\nappointed by the town board of the town of Camillus shall be appointed\nfor a term of office ending on December thirty-first, nineteen hundred\neighty-two.  The first member appointed by the town board of the town in\nwhich the agency sanitary landfill portion of the solid waste\nmanagement-resource recovery facility is designated to be located or is\ndesignated as the preferred site shall be appointed for a term of office\nending on December thirty-first, nineteen hundred ninety-one. The first\nmember appointed by the town board of the town of Onondaga shall be\nappointed for a term of office ending on December thirty-first, nineteen\nhundred eighty-three. Except as provided herein, subsequent appointments\nof members shall be made by the same appointing authorities for a term\nof three years ending in each case on December thirty-first of the last\nyear of such term. No person who has served as a member for two\nconsecutive terms shall be eligible for reappointment as a member for a\nthird term, except after an interval of at least three years. All\nmembers shall continue to hold office until their successors are\nappointed and qualify. Vacancies shall be filled in the manner provided\nfor original appointments. Vacancies, occurring otherwise than by\nexpiration of term of office, shall be filled for the unexpired terms.\nMembers may be removed from office for the same reasons and in the same\nmanner as may be provided by law for the removal of officers of the\ncounty. The members of the agency shall receive no compensation for\ntheir services but shall be reimbursed for all their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the agency shall be vested in and\nbe exercised by the governing body at a meeting duly called and held and\nsix members shall constitute a quorum provided that after July\nthirty-first, nineteen hundred eighty-nine, eight members shall\nconstitute a quorum. No action shall be taken except pursuant to the\nfavorable vote of at least six members provided that after July\nthirty-first, nineteen hundred eighty-nine, no action shall be taken\nexcept pursuant to the favorable vote of at least eight members. The\ngoverning body may delegate to one or more of its members, officers,\nagents or employees such powers and duties as it may deem proper.\n  1-a. Pursuant to a resolution adopted by the county legislature on or\nbefore the effective date of this subdivision designating a town as the\npreferred site for the agency sanitary landfill portion of the solid\nwaste management-resource recovery facility, the town board of such town\nmay appoint a member to serve on the agency board until: (a) an explicit\nfinding by resolution of the county legislature with respect to the\npreferred site, pursuant to subdivision eight of section 8-0109 of the\nenvironmental conservation law; or (b) withdrawal of the preferred site\nfrom consideration by resolution of the county legislature and\ndesignation of another preferred site in another town by resolution of\nsuch legislature; or (c) expiration of the term of the member from the\ntown designated as the preferred site, whichever shall occur first. In\nthe event that an explicit finding has not been made by resolution of\nthe county legislature with respect to the preferred site prior to the\nexpiration of the term, the town board of the town designated as the\npreferred site by resolution of the county legislature prior to the\neffective date of this subdivision may reappoint such member or a new\nmember for an additional term not to exceed one year. In the event the\ncounty legislature shall designate another preferred site in another\ntown by a resolution, the term of the member then serving from the town\npreviously identified by such county legislature as the preferred site\nshall terminate on the effective date of such resolution and the newly\ndesignated town shall succeed to the rights of the town initially\nidentified as the preferred site, as shall be true of any subsequent\ntown identified by resolution of the county legislature as the preferred\nsite for the sanitary landfill; provided, however that the first term of\nany such member shall expire on December thirty-first of the year in\nwhich he or she has been appointed. Upon adoption of a resolution by the\ncounty legislature making an explicit finding with respect to the site\nof the sanitary landfill portion of the solid waste management-resource\nrecovery facility, pursuant to subdivision eight of section 8-0109 of\nthe environmental conservation law, the town board of the town in which\nsuch sanitary landfill is designated to be located by such resolution\nmay appoint one member to the agency board to succeed the member\nappointed by the previously identified by resolution of the county\nlegislature as the preferred site for such landfill.\n  2. The officers of the agency shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the agency, and a\nsecretary, who need not be a member of the agency. Such officers shall\nbe appointed by the governing body and shall serve at the pleasure of\nthe governing body. The governing body may appoint and at pleasure\nremove an attorney and an engineer, which positions, in addition to the\nposition of secretary, shall be in the exempt class of the civil\nservice, and such additional officers and employees as it may determine\nnecessary for the performance of the powers and duties of the agency,\nand fix and determine their qualifications, duties and compensation,\nsubject to the provisions of the civil service law. The governing body\nmay also from time to time contract for expert professional services.\nThe treasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his office, the amount and sufficiency of\nwhich shall be approved by the governing body and the premium therefor\nshall be paid by the agency.\n  3. Notwithstanding any inconsistent 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 agency, nor shall service as such member, officer, agent\nor employee be deemed incompatible or in conflict with such office,\nmembership or employment; provided, however, that no public official\nelected to his or her office pursuant to the laws of the state or any\nmunicipality thereof may serve as a member of the governing body of the\nagency during his or her term of office.\n  4. (a) The county executive shall file on or before March\nthirty-first, nineteen hundred eighty-two, in the office of the\nsecretary of state, a certificate signed by the county executive setting\nforth: (1) the name of the agency; (2) the names of the members\nappointed by the county executive and at least three other members of\nthe agency and their terms of office; and (3) the effective date of this\ntitle. The agency shall be perpetual in duration, except that if such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the agency shall thereupon\nterminate and it shall thereupon be deemed to be and shall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nagency and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe agency shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the agency, all of the\nrights and properties of the agency then remaining shall pass to and\nvest in the county.\n  5. In addition to any powers granted to it by law, the county\nlegislature from time to time may appropriate by resolution sums of\nmoney to defray project costs or any other costs and expenses of the\nagency, to be incurred prior to the first issuance of bonds. Subject to\nthe rights of bondholders, the county legislature may determine if the\nmoneys so appropriated shall be subject to repayment by the agency to\nthe county and, in such event, the manner and time or times for such\nrepayment.\n  6. The agency shall not be deemed a successor in interest to the\nOnondaga county solid waste disposal authority for any purpose\nwhatsoever. In the event that the county acquires any property from such\nauthority and thereafter transfers such property to the agency, the\nagency shall not by reason of receiving such property become obligated\nfor any indebtedness or liability of such authority. The agency, upon a\ndetermination that it is in the public interest, may assume and pay any\ncompromised or settled claim against such authority which shall be\noutstanding as of the date of the first issuance of bonds. Nothing in\nthis title shall be construed to require the agency to assume any\nliability of such authority.\n  7. It is hereby determined and declared, that the agency and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the county and the state of New York for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the agency is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n
N.Y. PBA Law § 2046-C — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-C
The Islip resource recovery agency
Status: in_force

§ 2046-c. The Islip resource recovery agency. 1. A corporation known\nas the "Islip resource recovery agency" is hereby created for the\npurposes and charged with the duties and having the powers provided in\nthis title. The agency shall be a body corporate and politic\nconstituting a public benefit corporation. Its membership shall consist\nof a board of five directors comprised, ex-officio, of the members of\nthe town board. A quorum of the governing body shall consist of at least\nthree members for the transaction of any business or the exercise of any\npower. At any meeting of the agency where a quorum is present, the\ngoverning body shall have the power to act by the vote of a majority of\nall its members. The agency may delegate to one or more of its members,\nor its officers, agents or employees, such powers and duties as it may\ndeem proper. No member of the agency shall be appointed or serve as an\nofficer, agent or employee of the agency.  The members of the agency\nshall receive no compensation for their services but shall be reimbursed\nfor all their actual and necessary expenses incurred in connection with\nthe carrying out of the purposes of this title.\n  2. The officers of the agency shall consist of a president, executive\nvice-president, treasurer and a secretary appointed by the agency for a\nterm not to exceed five years. The executive vice-president shall\npossess such professional qualifications as shall be established by the\ncommissioner of environmental conservation and shall perform such powers\nand duties with respect to the supervision of design and construction of\nprojects as may be determined by the governing body.  The agency may\nterminate the office of executive vice-president at any time after the\ncompletion of construction of any project. The president, treasurer and\nsecretary shall execute bonds, each conditioned on the faithful\nperformance of the duties of his office, the amount and sufficiency of\neach of which shall be approved by the governing body, and the premium\ntherefor shall be paid by the agency.  The agency may appoint an\nattorney who may be an officer of the agency, to act as its general\ncounsel. Other officers may be appointed as the agency may deem proper.\nThe agency may also from time to time contract for expert and\nprofessional services. No member of the agency shall be eligible to\nserve as an officer of the agency.\n  3. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any municipality thereof, shall be deemed to have forfeited or shall\nforfeit his office or employment or any benefits provided under the\nretirement and social security law by reason of his acceptance of\nappointment as an officer, agent or employee of the agency, provided,\nhowever, that no member of the town board shall be eligible for\nappointment as an officer, agent or employee of the agency.\n  4. It is hereby determined and declared that the agency and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the town and the state, for the improvement\nof their health, welfare and prosperity and that said purposes are\npublic purposes and that the agency is and will be performing an\nessential governmental function in the exercise of the powers conferred\nupon it by this title.\n  5. The agency and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the agency shall have bonds, notes or other obligations\noutstanding, unless adequate provision has been made for the payment or\nsatisfaction thereof. Upon termination of the existence of the agency,\nall of the rights and properties of the agency then remaining shall pass\nto and be vested in the town in accordance with such law.\n  6. From time to time, the town board may, by resolution, appropriate\nmoneys to be advanced to the agency for the purpose of defraying project\ncosts or any other costs and expenses of the agency. The moneys so\nadvanced shall be repaid by the agency, subject to the rights of the\nholders of any bonds or notes, at such time and in such manner as may be\nagreed upon between the agency and the town board.\n  7. There shall be an annual independent audit of the accounts and\nbusiness practices of the agency performed by independent outside\nauditors. Any such auditor shall serve no more than three consecutive\nyears.\n
N.Y. PBA Law § 2047-O — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-O
Actions against agency
Status: in_force

§ 2047-o. Actions against agency. 1. Except in an action for wrongful\ndeath, no action or special proceeding shall be prosecuted or maintained\nagainst the agency for personal injury or damage to real or personal\nproperty alleged to have been sustained by reason of the negligence or\nwrongful act of the agency or of any member, officer, agent or employee\nthereof, unless (i) a notice of claim shall have been made and served\nupon the agency within the time limit by and in compliance with section\nfifty-e of the general municipal law, (ii) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, and (iii) the action or\nspecial proceeding shall be commenced within one year and ninety days\nafter the happening of the event upon which the claim is based. An\naction against the agency for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the agency, it shall have\nthe right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The agency may require any person, presenting for settlement an\naccount or claim for any cause whatever against the agency to be sworn\nbefore a member, counsel or an attorney, officer or employee of the\nagency designated for such purpose, concerning such account or claim and\nwhen so sworn, to answer orally as to any facts relative to such account\nor claim. The agency shall have power to settle or adjust all claims in\nfavor of or against the agency.\n  4. The rate of interest to be paid by the agency upon any judgment for\nwhich it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section three-a of the general municipal law.\nInterest on payments of principal or interest on any bonds in default\nshall accrue at the rate borne by such bonds from the due date thereof\nuntil paid or otherwise satisfied.\n
N.Y. PBA Law § 2050-II — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-II
Remedies of bondholders
Status: in_force

§ 2050-ii. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to subdivision three of section two\nthousand fifty-hh of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal or of interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in the aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the town\nin which the principal office of the authority is located and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may, and upon written request of the holder of\ntwenty-five per centum in principal amount of such bonds outstanding,\nshall in his or its own name:\n  (a) By action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates and charges adequate to\ncarry out any agreement as to, or pledge of, such rents, rates and\ncharges and to require the authority to carry out any other agreements\nwith the holders of such bonds to perform its duties under this title;\n  (b) Bring an action or proceeding upon such bonds;\n  (c) By action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) By action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) Declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county where the\nprincipal office of the authority is located.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith holders of such bonds, shall take possession of all moneys and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the authority\nis under obligation to do, and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom, subject to any pledge thereof or agreement\nwith bondholders relating thereto, and perform the public duties and\ncarry out the agreements and obligations of the authority under the\ndirection of the court. In any suit, action or proceeding by the\ntrustee, the fees, counsel fees and expenses of the trustee and of the\nreceiver, if any, shall constitute taxable disbursements and all costs\nand disbursements allowed by the court shall be a first charge on any\nrevenues derived from the project.\n
N.Y. PBA Law § 2034 — New York Code / Act PBA / Article 8 / Title 13 / Section 2034
Limitation of liability
Status: in_force

§ 2034. Limitation of liability. Neither the members of the authority,\nnor any person or persons acting in its behalf, while acting within the\nscope of their authority, shall be subject to any personal liability\nresulting from the erection, construction, reconstruction, maintenance\nor operation of the properties or any of the improvements or from\ncarrying out any of the powers expressly given in this title.\n
N.Y. ENV Law § 11-1315 — New York Code / Act ENV / Article 11 / Title 13 / Section 11-1315
Taking and sale of bait fish
Status: in_force

§ 11-1315. Taking and sale of bait fish.\n  1. a. Except as provided in subdivision 2, no person, without first\nobtaining the appropriate license from the department, shall take for\nsale as bait, nor sell as bait the following fish: minnows (family\nCyprinidae), except carp or goldfish; top minnows or killifish (family\nCyprinodontidae); mudminnows (family Umbridae); darters (family\nEstheostomidae); sticklebacks (genus Eucalia); tadpole stone cats\n(genera Noturus and Schilbeodes); smelt or ice fish (Osmerus mordax);\nalewives, saw bellies or blueback herring (family Clupeidae); suckers\n(family Catostomidae).\n  b. Fish taken pursuant to such license shall be used only for bait in\nhook and line fishing. All carp, goldfish, and lamprey larvae (family\nPetromyzonidae) taken in nets operated pursuant to such license shall be\ndestroyed immediately.\n  2. No license under this section is required to take for sale as bait\nor to sell as bait any marine species of fish taken in the marine\ndistrict. A minor under the age of sixteen years may, without a license,\nsell as bait such of the fish listed in subdivision 1 as he has lawfully\ntaken by angling.\n  3. Bait fish named in subdivision 1, when otherwise permitted by law,\nmay be taken for use or sale as bait by:\n  a. angling,\n  b. nets when permitted by subdivisions 4 and 5 of this section, or\n  c. stunning in the case of tadpole stone cats. "Stunning" means\ntapping a stone with implement or other stone.\n  4. a. Fish named in subdivision 1, taken for use as bait for personal\nuse and not for sale, may be taken:\n  (1) in waters not inhabited by trout, by means of a seine or scap net\nnot larger than thirty-six square feet, and\n  (2) in any waters of the state by means of a glass, plastic or wire\ntrap not more than twenty inches in length, having no wings or leaders\nand having an entrance not larger than one inch in diameter, and such\ntrap shall bear legibly at all times when in the water the name and\naddress of the operator.\n  b. In Keuka Lake, Canandaigua Lake, Cayuga Lake, Seneca Lake, Canadice\nLake and Hemlock Lake, alewives or sawbellies taken for such purpose may\nalso be taken by gill nets measuring not more than twenty-five feet in\nlength, having a mesh not larger than one inch.\n  c. Nets for taking bait fish shall not be hauled after sunset or\nbefore sunrise, except as permitted by the department.\n  d. Fish named in subdivision 1 may be taken for personal use or sale\nas bait under license from the department in the waters of the Hudson\nriver by means of cast nets not exceeding ten feet in diameter.\n  5. Fish named in subdivision 1, taken for sale as bait under license\nfrom the department, may be taken by the types of nets specified in such\nlicense. In issuing such licenses the department may permit the use of\nnets of metallic or plastic mesh, notwithstanding the definition of\n"net" as contained in section 11-0103 of the Fish and Wildlife Law.\n  6. a. Carp, goldfish, and lamprey larvae (family Petromyzonidae) shall\nnot be used as bait or sold for bait.\n  b. No person shall take smelt for bait from Upper and Lower Saranac\nlakes or Lake Champlain, except by angling.\n  c. Nets and traps for the taking of bait fish shall not be placed or\noperated within one hundred feet of any dock, pier, or boat landing on\nthe St. Lawrence River without the consent of the owner.\n  7. The license provided for in subdivision 1 shall be issued only to\nresidents of this state and to residents of a state in which residents\nof this state may be licensed, or are permitted without license, to take\nsuch fish for sale as bait.\n  8. This section does not supersede any provision of section 13-0343\nrestricting the use of nets in certain waters of the marine district or\nsubdivision 2 of section 11-1307.\n
N.Y. PBA Law § 2046-P — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-P
Disinterested officers
Status: in_force

§ 2046-p. Disinterested officers. It shall be a misdemeanor for any\ndirector, officer, agent or employee of the agency to be in any way or\nmanner interested, directly or indirectly, in the furnishing of work,\nmaterials, supplies or labor, or in any contract therefor, which the\nagency is empowered by this title to make.\n
N.Y. PBA Law § 2017 — New York Code / Act PBA / Article 8 / Title 13 / Section 2017
Onondaga county solid waste disposal authority
Status: in_force

§ 2017. Onondaga county solid waste disposal authority. 1. A\ncorporation known as the "Onondaga county solid waste disposal\nauthority" is hereby created for the purposes and charged with the\nduties and having the powers provided in this title. The authority shall\nbe a body corporate and politic constituting a public benefit\ncorporation. It shall consist of five members, all of whom shall be\nresidents of the county, who shall be appointed by the county executive\nof the county of Onondaga subject to confirmation by a majority of the\nOnondaga county legislature. The first members shall be appointed for\nthe following terms from the effective date of this act, as follows:\ntwo for a term of three years, two for a term of two years and one for a\nterm of one year. Subsequent appointments shall be made in the same\nmanner and for terms of three years. All members shall continue to hold\noffice until their successors are appointed and qualify. The first\nchairman shall be designated by the county executive. Subsequent\nchairmen shall be elected annually by the members of the authority.\nVacancies, occurring otherwise than by expiration of term of office,\nshall be filled by appointments by the county executive for the\nunexpired terms. Members of the authority may be removed from office for\nthe same reasons and in the same manner as may be provided by law for\nthe removal of officers of the county. The members of the authority\nshall receive no compensation for their services but shall be reimbursed\nfor all their actual and necessary expenses incurred in connection with\nthe carrying out of the purposes of this title. The powers of the\nauthority shall be vested in and be exercised by the members at a\nmeeting duly called and held and three members shall constitute a\nquorum. No action shall be taken except pursuant to the favorable vote\nof at least three members. The authority may delegate to one or more of\nits members, officers, agents or employees such powers and duties as it\nmay deem proper.\n  2. The authority and its corporate existence shall continue until all\nits liabilities have been met and its bonds have been paid in full or\nsuch liabilities or bonds have otherwise been discharged and thereupon\nall rights and properties of the authority shall pass to and be vested\nin the county of Onondaga.\n  3. The officers of the authority shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the authority,\nand a secretary, who need not be a member of the authority. The\nvice-chairman, treasurer and secretary shall be appointed by the\nauthority and shall serve at the pleasure of the authority. The\nauthority may appoint and at pleasure remove an attorney and an\nengineer, which positions, in addition to the position of secretary,\nshall be in the exempt class of the civil service, and such additional\nofficers and employees as it may require for the performance of its\nduties, fix and determine their qualifications, duties and compensation,\nsubject to the provisions of the civil service law of the state of New\nYork. The authority may also from time to time contract for expert\nprofessional services. The treasurer shall execute a bond, conditioned\nupon the faithful performance of the duties of his office, the amount\nand sufficiency of which shall be approved by the authority and the\npremium therefor shall be paid by the authority.\n  4. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the county of Onondaga and the state of New\nYork, for the improvement of their health, welfare and prosperity and\nthat the said purposes are public purposes and that the authority is and\nwill be performing an essential governmental function in the exercise of\nthe powers conferred upon it by this title.\n  5. Upon creation of the authority, from time to time the county\nlegislature may, by resolution, appropriate sums of money to defray the\npreliminary expenses of the authority. The moneys so appropriated shall\nbe repaid by the authority to the county out of the proceeds of the\nfirst bond issue of the authority.\n
N.Y. PBA Law § 2021 — New York Code / Act PBA / Article 8 / Title 13 / Section 2021
Notes of the authority
Status: in_force

§ 2021. Notes of the authority. The authority shall have power and is\nhereby authorized to issue negotiable bond anticipation notes and may\nrenew the same from time to time but the maximum maturity of any such\nnote, including renewals thereof, shall not exceed five years from the\ndate of issue of such original note. Such notes shall be paid from any\nmoneys of the authority available therefor and not otherwise pledged or\nfrom the proceeds of sale of the bonds of the authority in anticipation\nof which they were issued. The notes shall be issued in the same manner\nas the bonds and such notes and the resolution or resolutions\nauthorizing the same may contain any provisions, conditions or\nlimitations which the bonds or a bond resolution of the authority may\ncontain. Such notes may be sold at public or private sale at not less\nthan par and shall bear interest at the legal interest rate. Such notes\nshall be as fully negotiable as the bonds of the authority.\n
N.Y. PBA Law § 2051-U — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-U
Solid waste reserve fund
Status: in_force

§ 2051-u. Solid waste reserve fund. The county legislature may\nestablish a special fund, to be known as the solid waste reserve fund of\nthe county. There shall be credited to such reserve fund all amounts\npaid to the county and specifically designated by the payor for deposit\nin such reserve fund, together with such county moneys as may be\nappropriated thereto from time to time. Moneys in such reserve fund may\nbe appropriated only for the purpose of paying amounts due from the\ncounty under the terms of any contract entered into pursuant to this\ntitle, for which an insufficient or no provision has otherwise been\nmade, except that upon the adoption of a resolution by at least a\ntwo-thirds vote of the voting strength of the county legislature, all or\nany portion of the moneys in such reserve fund may be transferred to any\nother reserve fund established by the county pursuant to the general\nmunicipal law. To the extent not inconsistent with the provisions of\nthis section, the management of such reserve fund and the investment of\nmoneys therein shall be subject to the provisions of section six-h of\nthe general municipal law.\n
N.Y. PBA Law § 2045-E — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-E
Powers of the agency
Status: in_force

§ 2045-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 (i) the agency shall not have the power of\neminent domain, (ii) the acquisition by the agency of any real property\ndesignated as the site for any facility shall be subject to prior\napproval by the county legislature, and (iii) in selecting the location\nfor any such site the agency shall give consideration to the present and\nany proposed land use character of the area in which such site is to be\nlocated and the zoning laws or regulations, if any, otherwise generally\napplicable to such area;\n  4. To receive, transport, process, dispose of, sell, store, convey,\nrecycle, and deal with, in any lawful manner and way, solid waste and\nany products or by-products thereof now or hereafter developed or\ndiscovered, including any energy generated by the operation of any solid\nwaste management-resource recovery facility. Any such disposal or sale\nmay be effected on such terms and in such manner as the agency may deem\nproper;\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\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  6. To assist in the planning, development and construction of and the\nfinancing of the cost of any solid waste management-resource recovery\nfacility to be located in the county whether or not such solid waste\nmanagement-resource recovery facility is to be owned or operated by the\nagency, which assistance may include loans to any person or public\ncorporation. Any such solid waste management-resource recovery facility\nproducing either electricity or shaft horsepower and useful thermal\nenergy shall constitute a co-generation facility as defined in\nsubdivision two-a of section two of the public service law;\n  7. To receive from the United States, the state, the county, any other\nmunicipality 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  8. To contract with the county, other municipalities, state agencies,\npublic corporations or persons within or without the county, for the\npurpose of receiving, treating and disposing of solid waste including\nwithout limitation to contract with persons for the delivery of all\nsolid waste generated within a stated area to a specific solid waste\nmanagement-resource recovery facility;\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 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  10. With the consent of the county executive, to use officers or\nemployees of the county and to pay a proper portion of the compensation\nor costs for the services for such officers or employees;\n  11. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable;\n  12. To enter, with the consent of the county executive, on any lands,\nwaterways and premises for the purpose of making surveys, soundings, and\nexaminations, and liability therefor shall 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. Subject to any limitations imposed by any contract pursuant to\nsubdivision two of section two thousand forty-five-t of this title, to\ndetermine classification of users, to fix and collect, including\ndirectly from service recipients, including owners of real property\nwithin the county from whom waste is disposed at agency facilities,\nrates, rentals, fees and other charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by, the agency,\nwhich rates, rentals, fees and other charges may be different for each\nclassification of users and may reflect the source and composition of\nsolid waste and may provide for fee reductions to the user in proportion\nto waste generated or to reflect participation in source separation\nprograms, and to contract with any municipality in the county in respect\nthereto, 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.\nIn any instance where the county is or would be required by law, with\nrespect to solid waste management, to conduct a public hearing in\nconnection with a contract, lease, service agreement, classification of\nuser, rate, rental, fee or other charge, the agency shall not enter into\nsuch contract, lease, service agreement, or establish, fix, or revise\nany classification of user, rate, rental, fee or other charge unless and\nuntil the agency has held a public hearing at which interested persons\nhave had an opportunity to be heard concerning the same, provided\nhowever, that if the county has conducted a public hearing in connection\nwith such contract, lease, service agreement, classification of user,\nrate, rental, fee or other charge, the agency shall not be required to\nhold a public hearing. Notice of such public hearing shall be published\nat least ten days before the date set therefor, in at least one\nnewspaper of general circulation in the county. Such notice shall set\nforth the date, time and place of such hearing and shall include a brief\ndescription of the matters to be considered at such meeting. A copy of\nthe notice shall be filed in the office of the clerk of the county and\nshall be available for inspection by the public. At any such hearing,\nany interested persons shall have an opportunity to be heard concerning\nthe matters under consideration. Any decision by the agency at such\npublic hearing shall be in writing and be made available in the office\nof the agency for public inspection during regular office hours. All\nrates, rentals, fees and other charges for the use of the facilities of,\nor services rendered by, the agency and billed directly by the agency to\nthe service recipient pursuant to a classification of users adopted by\nthe agency as herein provided shall be a lien upon the real property\nupon which, or in connection with which, services were provided, as and\nfrom the first date fixed for payment of such rates, rentals, fees and\nother charges. Any such lien shall take precedence over all other liens\nor encumbrances, except taxes or assessments. The treasurer of the\nagency shall prepare and transmit to the respective legislative body of\neach municipality, on or before the first day of December in each year,\na list of those properties within each respective municipality for which\nsuch services were provided and from which the payment of rates,\nrentals, fees and other charges are in arrears for a period of thirty\ndays or more after the last day fixed for payment of such rates,\nrentals, fees and other charges without penalty. The list shall contain\na brief description of the properties for which such services were\nprovided, the names of the persons or corporations liable to pay for the\nsame, and the amount chargeable to each, including penalties and\ninterest computed to December thirty-first of that year. Each governing\nbody shall levy such sums against the properties liable and shall state\nthe amount thereof in a separate column in the annual tax rolls of the\nvarious municipalities under the heading "solid waste disposal charge".\nSuch amounts, when collected by the several municipal collectors or\nreceivers of taxes, shall be paid over to the treasurer of the agency.\nAlternatively, the legislative body of any municipality which provides\nsolid waste collection service to all or a portion of the properties\nwithin its boundaries using municipally owned and operated collection\nvehicles may execute an agreement with the agency to collect and be\nresponsible for the collection of, on behalf of the agency, any overdue\nor delinquent rates, rentals, fees or other charges and such\nmunicipality shall have the power to pay directly to the agency such\noverdue or delinquent rates, rentals, fees and other charges whether or\nnot they are actually collected from the service recipients of such\nmunicipality. The legislative body of any such municipality entering\ninto such an agreement with the agency on or after the effective date of\nthis subdivision, shall be required prior to entering into such an\nagreement, to provide notice of, and convene a public hearing on such an\nagreement under the same terms and conditions of public notice and\nhearing required of the agency pursuant to this subdivision.\n  All of the provisions of the tax law of the state governing\nenforcement and collection of unpaid taxes or assessments for special\nimprovements not inconsistent herewith shall apply to the collection of\nsuch unpaid rates, rentals, fees and other charges. Except as may be\notherwise expressly permitted under this title, any such rates, rentals,\nfees and other charges shall be fixed without discrimination among the\nmunicipalities within the county entering into contracts with the county\npursuant to section two thousand forty-five-t of this title on or before\nthe first date on which the county enters into a contract with the\nagency pursuant to paragraph (i) of subdivision two of such section two\nthousand forty-five-t of this title. The agency shall in no event fix\nany such rates, rentals, fees or other charges with respect to\nmunicipalities entering into such contracts with the county subsequent\nto such date in amounts less than those fixed with respect to\nmunicipalities entering into such contracts with the county on or before\nsuch date;\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, by bequest or otherwise, and to\nexpend the proceeds for any corporate purposes of the agency; and\n  16. To make payments to, and settle claims asserted by owners of\nproperty in proximity to and adversely affected by, landfill facilities\nof the agency in order to compensate such owners in whole or in part for\ndiminution of the value of their property, if any, directly resulting\nfrom the siting of the agency landfill facility or the activities\nundertaken therein. The amount and manner of such payments shall be\ndetermined by resolution of the agency, and shall be based on real\nestate market studies and/or appraisals undertaken at the direction of\nthe agency, in such form and substance satisfactory to the agency. The\nagency shall establish rules and regulations setting forth the\nspecifications pursuant to which real estate market studies and/or\nappraisals shall be conducted and such other rules and regulations as\nmay be necessary to effectuate the purposes of this subdivision. Such\nrules and regulations shall include a requirement that all property\nowners requesting payments in accordance therewith must file a claim\nwith the agency by a date specified by the agency. Any payments made\npursuant to the provisions of this subdivision shall be considered a\ncost of the agency in the computation of rates, fees, and charges in\naccordance with subdivision fourteen of this section.\n  17. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n
N.Y. PBA Law § 2046-D — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-D
State and town not liable on bonds or notes
Status: in_force

§ 2046-d. State and town not liable on bonds or notes. Neither the\nstate, the town nor any other municipality or other public corporation\nshall be liable on the bonds and notes of the agency and such bonds and\nnotes shall not be a debt of the state, the town or any other\nmunicipality or public corporation, and such bonds and notes shall\ncontain on the face thereof a statement to such effect.\n
N.Y. PBA Law § 2045-H — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-H
Bonds of the agency
Status: in_force

§ 2045-h. Bonds of the agency. 1. The agency shall have the power and\nis hereby authorized from time to time to issue bonds, in conformity\nwith applicable provisions of the uniform commercial code, in such\nprincipal amounts as it may determine to be necessary to pay the cost of\nany project or for any other corporate purpose, including incidental\nexpenses in connection therewith. The agency shall have power and is\nhereby authorized to enter into such agreements and perform such acts as\nmay be required under any applicable federal legislation to secure a\nfederal guarantee of any bonds. The agency shall have power from time to\ntime to refund any bonds by the issuance of new bonds whether the bonds\nto be refunded have or have not matured, and may issue bonds partly to\nrefund bonds then outstanding and partly for any other corporate\npurpose. Bonds issued by the agency may be general obligations secured\nby the faith and credit of the agency or may be special obligations\npayable solely out of particular revenues or other moneys as may be\ndesignated in the proceedings of the agency under which the bonds shall\nbe authorized to be issued and subject to any agreements with the\nholders of outstanding bonds pledging any particular revenues or moneys.\n  2. Bonds shall be authorized by resolution of the agency, be in such\ndenominations and bear such date or dates, mature at such time or times,\nexcept that notes and any renewals thereof shall mature within five\nyears from the date of the original issuance and bonds and any renewals\nthereof shall mature within thirty years from the date of the original\nissuance. 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 agency shall determine.\nBonds of the agency shall not be sold by the agency at private sale\nunless such sale and the terms thereof have been approved in writing by\nthe comptroller, where such sale is not to the comptroller, or by the\ndirector of the budget, where such sale is to the 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 agency to secure the payment of the bonds, including but not\nlimited to any contracts, earnings or proceeds of any grant to the\nagency 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 agency and the amount to be raised in each year thereby and the\nuse and disposition of revenues;\n  (e) limitations on the right of the agency to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds, the\nholders of which must consent thereto and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the agency may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section two thousand forty-five-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\nsuch trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the agency to the bondholders\nand providing for the rights and remedies of the bondholders in the\nevent of such default, including as a matter of right the appointment of\na receiver, provided, however, that such rights and remedies shall not\nbe inconsistent with the general laws of the state and other provisions\nof this title;\n  (l) limitations on the power of the agency to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the agency;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the agency 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 agency to\nsecure its bonds, the agency shall have power in connection with the\nissuance of bonds to enter into such agreements as the agency may deem\nnecessary, consistent or desirable concerning the use or disposition of\nits revenues or other moneys or property, including the mortgaging of\nany property and the entrusting, pledging or creation of any other\nsecurity interest in any such revenues, moneys or property and the doing\nof any act (including refraining from doing any act) which the agency\nwould have the right to do in the absence of such agreements.  The\nagency shall have power to enter into amendments of any such agreements\nwithin the powers granted to the agency by this title and to perform\nsuch agreements. The provisions of any such agreements may be made a\npart of the contract with the holders of bonds 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 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 agency nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  8. The agency, subject to such agreements with bondholders as then may\nexist, shall have power out of any moneys available therefor to purchase\nbonds of the agency, which shall thereupon be cancelled, at a price not\nexceeding (i) if the bonds are then redeemable, the redemption price\nthen applicable, plus accrued interest to the next interest payment\ndate, (ii) if the bonds are not then redeemable, the redemption price\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n
N.Y. ENV Law § 15-1307 — New York Code / Act ENV / Article 15 / Title 13 / Section 15-1307
Powers of local agencies
Status: in_force

§ 15-1307. Powers of local agencies.\n  A local agency may:\n  1. Apply to the department and contract with the state Commissioner of\nHealth for state aid pursuant to this title on and after September 1,\n1964.\n  2. Select the person or firm to perform necessary consulting\nengineering services for a comprehensive study and report and enter into\ncontracts for such services, provided, however, that the state\nCommissioner of Health shall also be a party to any such contract;\n  3. Expend money received from the state pursuant to this title only\nfor purposes consistent therewith.\n
N.Y. PBA Law § 2045-L — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-L
Bonds legal investment for fiduciaries
Status: in_force

§ 2045-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 § 2051-B — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-B
Definitions
Status: in_force

§ 2051-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the public benefit corporation created by\nsection two thousand fifty-one-c of this title, known as the county of\nFranklin solid waste management authority.\n  2. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title and the\nprovisions of this title relating to bonds and bondholders shall apply\nwith equal force and effect to notes and noteholders, respectively,\nunless the context otherwise clearly requires.\n  3. "Construction" shall mean the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a solid waste management\nfacility; the inspection and supervision thereof; and the engineering,\narchitectural, legal, fiscal and economic investigations and studies,\nsurveys, designs, plans, working drawings, specifications, procedures\nand other actions incidental thereto.\n  4. "Cost", as applied to any project, shall mean and include the cost\nof construction, the cost of the acquisition of all property, including\nreal property and other property, both real and personal and improved\nand unimproved, the cost of demolishing, removing or relocating any\nbuildings or structures on lands so acquired, including the cost of\nrelocating tenants or other occupants of the buildings or structures on\nsuch land, including the cost of acquiring any lands to which such\nbuildings or structures may be moved or relocated, the cost of all\nsystems, facilities, machinery, apparatus and equipment, financing\ncharges, interest prior to, during and after construction to the extent\nnot paid or provided for from revenues or other sources, the cost of\nengineering and architectural surveys, plans and specifications, the\ncost of consultant and legal services, the cost of lease guarantee or\nbond insurance and the cost of other expenses necessary or incidental to\nthe construction thereof, including the amount authorized in the\nresolution of the authority providing for the issuance of bonds to be\npaid into any reserve or other special fund from the proceeds of such\nbonds, the financing of the placing of any project in operation and\nreimbursement to the county, any municipality, and state agency, the\nstate, the United States government or any other person for expenditures\nthat would be costs of the project hereunder had they been made directly\nby the authority.\n  5. "County" shall mean the county of Franklin.\n  6. "Governing body" shall mean the members of the authority\nconstituting and acting as the governing body of the authority.\n  7. "Municipality" shall mean any county, city, town, village or any\ncombination thereof.\n  8. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n  9. "Project" shall mean any solid waste management facility, the\nplanning, development, financing, construction, operation or maintenance\nof which is authorized to be undertaken in whole or in part by the\nauthority pursuant to this title.\n  10. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands underwater, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute, but also any and all lesser\ninterests including, but not limited to, easements, rights-of-way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  11. "Resource recovery" shall mean the separation, extraction and\nrecovery of usable materials, energy or heat from solid waste through\nsource separation, recycling centers or other programs, projects or\nfacilities.\n  12. "Revenues" shall mean all rates, fees, rents, charges and other\nincome derived by the authority from its operations.\n  13. "Solid waste" shall mean all materials or substances discarded or\nrejected as being spent, useless, worthless or in excess to the owners\nat the time of such discard or rejection, including, but not limited to,\ngarbage, refuse, industrial and commercial waste, sludges from air or\nwater pollution control facilities or water supply treatment facilities,\nrubbish, ashes, contained gaseous material, incinerator residue,\ndemolition and construction debris and offal, but not including sewage\nand other highly diluted water-carried materials or substances and those\nin gaseous form, source, special nuclear or by-product material within\nthe meaning of the Atomic Energy Act of 1954, as amended, or waste which\nappears on the list or satisfies the characteristics of hazardous waste\npromulgated by the commissioner of environmental conservation pursuant\nto section 27-0903 of the environmental conservation law.\n  14. "Solid waste management facility" or "facility" shall mean any\nfacility, plant, works, system, building, structure, improvement,\nmachinery, equipment, fixture or other real or personal property which\nis to be used, occupied or employed beyond the initial solid waste\ncollection process for the receiving, transporting, storage, processing,\nor disposal of solid waste or the recovery by any means of any material\nor energy product or resource therefrom including but not limited to\nrecycling centers, transfer stations, baling facilities, rail haul or\nmaritime facilities, processing systems, resource recovery facilities,\nsteam and electric generating and transmission facilities, including\nauxiliary facilities to supplement or temporarily replace such\ngenerating facilities, steam distribution facilities, sanitary\nlandfills, plants and facilities for compacting, composting or\npyrolization of solid wastes, incinerators and other solid waste\ndisposal, reduction or conversion facilities and resource recovery\nequipment source separation equipment and disposal equipment as defined\nin subdivisions four and five of section 51-0903 of the environmental\nconservation law.\n  15. "Source separation" shall mean the segregation of recyclable\nmaterials from the solid waste stream at the point of generation for\nseparate collection, sale or other disposition.\n  16. "State" shall mean the state of New York.\n
N.Y. ENV Law § 24-1301 — New York Code / Act ENV / Article 24 / Title 13 / Section 24-1301
Miscellaneous provisions
Status: in_force

§ 24-1301. Miscellaneous provisions.\n  1. The provisions of this article shall not be construed to limit in\nany manner the functions, powers and duties of the commissioner or the\ndepartment of environmental conservation, or of any other state\ndepartment or agency, under this chapter or any other laws.\n  2. The commissioner, his agents or employees and the personnel of the\nAdirondack park agency may enter upon any lands or waters after\nreasonable notice and for good cause shown for the purpose of\nundertaking any investigations, examination, survey, or other activity\nfor the purposes of this article.\n  3. The commissioner may adopt and, from time to time, amend rules and\nregulations consistent with this article to assist him in carrying out\nhis functions, powers and duties hereunder.\n  4. Notwithstanding any other provision of this chapter, a privately\nowned parcel of land or part thereof within the county of Richmond that\ndid not contain a designation as a freshwater wetland on the tentative\nfreshwater wetlands map filed in the office of the clerk of Richmond\ncounty in 1981 shall not be on any tentative freshwater wetlands map if\nthe landowner has any written determination from the department pursuant\nto subdivision five of section 24-0703 of this article that such parcel\nof land or part thereof did not meet the statutory definition of a\nfreshwater wetland. Such representations shall be considered to have\nbeen definitive when made, and such parcel or part thereof shall not be\ndesignated as a freshwater wetland on any final map filed in the office\nof the clerk of Richmond county pursuant to this article. The provisions\nof this subdivision shall not apply to any parcel of land or part\nthereof, purchased after January first, nineteen hundred eighty-seven,\nor to any such parcel or part thereof owned wholly or in part by any\nunit of government or agency or subdivision thereof, any authority or\nagency existing pursuant to governmental action, or subdivision thereof;\nincluding the state and the city of New York.\n
N.Y. PBA Law § 2049-UU — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-UU
Solid waste facility reserve fund
Status: in_force

§ 2049-uu. Solid waste facility reserve fund. The legislative bodies\nof the counties may establish a special fund, to be known as solid waste\nfacility reserve fund of such county. There shall be credited to such\nreserve fund all amounts paid to such county and specifically designated\nby the payor for deposit in such reserve fund, together with such county\nmoneys as may be appropriated thereto from time to time.  Moneys in such\nreserve funds may be appropriated only for the purpose of paying amounts\ndue from the county under the terms of any contract entered into\npursuant to this title, for which an insufficient or no provision has\notherwise been made, except that upon the adoption of a resolution by at\nleast a two-third vote of the voting strength of such counties\nlegislative body, all or any portion of the moneys in such reserve fund\nmay be transferred to any other reserve fund established by the county\npursuant to the general municipal law. To the extent not inconsistent\nwith the provisions of this section, the management of such reserve fund\nand the investment of moneys therein shall be subject to the provisions\nof section six-h of the general municipal law.\n
N.Y. PBA Law § 2049-T — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-T
Limited liability
Status: in_force

§ 2049-t. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer or employee acting in its behalf,\nwhile acting within the scope of their authority, shall be subject to\nany personal liability resulting from the construction, maintenance or\noperation of any of the properties of the authority or from carrying out\nany of the powers expressly given in this title; provided, however, that\nthis section shall not be held to apply to any independent contractor.\n
N.Y. ENV Law § 11-1316 — New York Code / Act ENV / Article 11 / Title 13 / Section 11-1316
Use of fish as bait
Status: in_force

§ 11-1316. Use of fish as bait.\n  1. The department may, by regulation designating the waters in which\nsuch use is not permitted, prohibit the use of minnows or other species\nof fish as bait in the lakes or ponds and tributaries thereto in which:\n  a. trout are the predominant protected species of fish and which\nlakes, ponds or tributaries are not infested with yellow perch; or\n  b. fish have been eradicated by chemical treatment and in which trout\nor other game fish have been restocked. The list of the water to which\nthis section shall be applicable shall be published in the fishing\nguide.\n  2. No person shall possess any species of fish either dead or alive,\nin or on waters where the use of fish as bait is prohibited, except\nspecies actually present in such waters naturally or by stocking or as\npermitted by the department by order.\n
N.Y. ENV Law § 27-1307 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1307
Reports to the department
Status: in_force

§ 27-1307. Reports to the department.\n  1. In order to facilitate the department's efforts to secure\ninformation about inactive hazardous waste disposal sites in the state,\nany person shall, upon the request of the department, furnish to the\ndepartment, in a form and manner prescribed by the department, the\nfollowing information:\n  a. The name and location of facilities within the state that have\ngenerated significant quantities of hazardous wastes or sites within the\nstate which have received wastes which are now or were formerly owned or\noperated by such person or to or from which such person has transported\nsuch wastes;\n  b. A description of current and past waste generating and disposal\nactivities at facilities identified pursuant to paragraph a of this\nsubdivision which have generated hazardous wastes including products\nmanufactured or services provided, generic type of processes used in the\nmanufacturing of products or provision of services, the type and annual\nquantity of hazardous wastes generated in significant quantities, the\nlocations of all sites used for the disposal of wastes generated by such\nfacilities, the years of use of such sites for the disposal of wastes,\nthe type and quantity of waste disposed of at such sites and the manner\nof disposal of hazardous wastes at such sites;\n  c. A description of current and past waste disposal activities at\nsites identified pursuant to paragraph a of this subdivision which have\nreceived wastes including years of use of such sites for the disposal of\nwastes, type and quantity of all hazardous wastes disposed of at such\nsites and the manner of disposal of hazardous wastes at such sites;\n  d. With respect to each site identified pursuant to paragraphs a and b\nof this subdivision, names of persons that have transported hazardous\nwastes to such sites, a description of any testing, monitoring or\nremedial actions undertaken or planned at such sites and any significant\nhealth or environmental problems known or suspected to exist at such\nsites; and\n  e. Any other information that the department may deem necessary to\nprepare the state inactive hazardous waste remedial plan or the registry\nrequired by section 27-1305 of this article.\n  2. In the event the person furnishing such information cannot fully\ncomply with the request for information, such person shall set forth his\nefforts to comply with such request.\n  3. Any information submitted to the department shall be considered a\n"written instrument" as defined in subdivision three of section 175.00\nof the penal law.\n
N.Y. PBA Law § 2050-T — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-T
Pledge by county; contracts with municipalities; powers of municipalities
Status: in_force

§ 2050-t. Pledge by county; contracts with municipalities; powers of\nmunicipalities. 1. The county is hereby authorized to pledge to and\nagree with the holders of the bonds that the county will not limit or\nimpair the rights hereby vested in the agency to purchase, construct,\nmaintain, operate, repair, improve, increase, enlarge, extend,\nreconstruct, renovate, rehabilitate or dispose of any project, or any\npart or parts thereof, for which bonds of the agency shall have been\nissued, to establish and collect rates, rents, fees and other charges\nreferred to in this title and to fulfill the terms of any agreements\nmade with the holders of the bonds or with any public corporation or\nperson with reference to such project or part thereof, or in any way\nimpair the rights and remedies of the bondholders, until the bonds,\ntogether with interest thereon, with interest on any unpaid installments\nof interest and all costs and expenses in connection with any action or\nproceeding by or on behalf of the bondholders are fully met and\ndischarged.\n  2. The county and one or more municipalities within the county, or the\nagency and the county, shall have power to contract from time to time\nbetween or among themselves, or among themselves and with the agency, in\nrelation to the collecting, receiving, transporting, storage processing\nor disposal of solid waste or for the purchase or use of any materials,\nenergy, by-products or residue generated by or resulting from the\noperation of any solid waste management-resource recovery facility. Any\nsuch contract to which the county and any municipality within the county\nare parties may include provisions stipulating the maximum rates,\nrentals, fees and other charges to be collected for the use of\nfacilities. Any contract to which the agency and the county are parties\nmay include provisions (a) requiring the periodic delivery to the\nparticular facilities of minimum amounts of solid waste and providing\nfor specified minimum periodic payments whether or not such delivery is\nmade subject to such limitations, exceptions and provisions therein or\n(b) requiring the county to pay, within appropriations available\ntherefor, such amounts as shall be necessary to assure the continued\noperation and solvency of the agency, such payments to be determined and\npaid in such manner and at such times as may be provided in such\ncontract.\n  3. To further the governmental and public purposes of the agency,\nincluding the implementation of any contract or proposed contract\ncontemplated by this title, the county shall have the power to adopt and\namend local laws imposing appropriate and reasonable limitations on\ncompetition with respect to collecting, receiving, transporting,\ndelivering, storing, processing and disposing of solid waste or the\nrecovery by any means of any material or energy product or resource\ntherefrom, including, local laws requiring that all solid waste\ngenerated, originated or brought within their respective boundaries,\nsubject to such exceptions as may be determined to be in the public\ninterest, shall be delivered to a specified solid waste\nmanagement-resource recovery facility; provided, however, that any such\nlocal law enacted by the county shall take precedence over and shall\nsupersede any inconsistent provisions of any local law enacted by a\nmunicipality within the county. Any such local law shall be adopted in\naccordance with the procedure provided by the municipal home rule law,\nexcept that no such local law shall be subject to either mandatory or\npermissive referendum. For purposes of this subdivision, solid waste\nshall have the meaning specified in this title, but shall not include\nany scrap or other material of value separated from the waste stream and\nheld for purposes of materials recycling.\n  4. The county is hereby authorized to resell or otherwise dispose of\nall or any part of the materials, energy, by-products or residue\npurchased from the agency pursuant to subdivision two of this section.\nAny resale of or other disposition may be made in such manner as the\ncounty may deem proper and upon such terms and conditions as may be\nagreed upon by the parties thereto.\n  5. The county and all other municipalities within the county shall\nhave power to perform such other acts, to enter into such other\ncontracts, including contracts between or among themselves, execute such\ninstruments and to undertake such future proceedings as shall be\ndetermined necessary or desirable to effectuate the purpose of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe agency.\n  6. Except as otherwise provided by section one hundred twenty-w of the\ngeneral municipal law, any contract entered into by a municipality\npursuant to this section may be for such term or duration, not to exceed\ntwenty-five years, as may be agreed upon by the parties thereto, except\nthat any contract relating to or affecting the security of any project\nfinanced in whole or in part by the agency may provide that the same\nshall remain in full force and effect as long as the bonds issued for\nsuch project shall remain outstanding or until adequate provision has\nbeen made for the payment or satisfaction thereof.\n  7. Any contract entered into pursuant to this section to which the\nagency shall be a party may be pledged by the agency as security for any\nissue of bonds, and may be assigned, in whole or in part, by the agency,\nto any public corporation or person which shall construct, purchase,\nlease or otherwise acquire any solid waste management-resource recovery\nfacility, or part thereof, financed in whole or in part by the agency.\n  8. Any contract, lease or agreement entered into by the agency\npursuant to this title and which provides for the construction of a\nfacility which combusts solid waste, shall provide for the utilization\nof the best available technology to control the environmental impact of\nsuch facility. Such technology may include fabric filtration and dry\nscrubbers to control particulate and acid gas emissions. Any facility at\na minimum shall be constructed and operated in compliance with\nrequirements of the department of environmental conservation. Any such\ncontract, lease or agreement also shall include but not be limited to\nprovisions for:\n  (a) Monitoring of emissions for toxic air contaminants or surrogates\nthereof where appropriate to determine permit compliance at least twice\nduring the first year of operation and after any detection of permit\nviolations, and at least annually thereafter; such monitoring to include\nprovisions for use of statistically valid sampling procedures in all\nmonitoring; and\n  (b) Sampling and testing of ash and dust residues at least\nsemi-annually, pursuant to a method assuring statistical validity, to\ndetermine appropriate disposition or disposal based on relative\ntoxicity.\n  Any such contract, lease or agreement also may include provisions for\nthe payment of up to one dollar and twenty-five cents per ton of solid\nwaste processed at such facility. Such payments shall be apportioned as\nfollows: one dollar or a portion thereof to such town or city in which\nthe facility is located; and twenty-five cents or a portion thereof to\nsuch fire district or to such city, for fire protection purposes, in\nwhich such facility is located.\n
N.Y. PBA Law § 2050-PP — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-PP
Contracts
Status: in_force

§ 2050-pp. Contracts. All contracts or orders, for work, material and\nsupplies performed or furnished in connection with construction, shall\nbe awarded, when applicable, pursuant to paragraph (e) of subdivision\nfour of section one hundred twenty-w of the general municipal law and\nsuch award shall be made by the authority pursuant to resolution of the\ngoverning body except as hereinafter provided. In any construction\ncontract, the authority may provide a program for the payment of damages\nfor delays and incentive awards in order to encourage timely project\ncompletion. An action, suit or proceeding contesting the validity of a\ncontract awarded pursuant to this section, or the validity of the\nprocedures relating to such award, shall be governed by the provisions\nof subdivision six of section one hundred twenty-w of the general\nmunicipal law and the term "municipality" as used in such subdivision\nsix shall mean the authority. Every contract when made and entered into\nas herein provided for shall be executed in duplicate, one copy of which\nshall be held by the authority and one copy of which shall be delivered\nto the contractor. The authority may adopt, utilize, ratify and confirm\nany request for proposals, invitation for sealed bids, plans,\nspecifications and notices heretofore or hereafter published by either\nof the towns with respect to any proposed project, and the authority may\nadopt, utilize, accept and confirm any bids or proposals submitted to\neither of the towns and heretofore and hereafter received and publicly\nopened by such town. The provisions of this section shall supersede any\ninconsistent provisions of the general municipal law, any other general,\nspecial or local law, or the charter of either town.\n
N.Y. ENV Law § 27-1313 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1313
Remedial programs
Status: in_force

§ 27-1313. Remedial programs.\n  1. a. The department shall be responsible, as provided in this\nsection, for inactive hazardous waste disposal site remedial programs\nexcept as provided in section one thousand three hundred eighty-nine-b\nof the public health law.\n  b. The department shall have the authority to require the development\nand implementation of a department-approved inactive hazardous waste\ndisposal site remedial program.\n  c. Section eight of the court of claims act or any other provision of\nlaw to the contrary notwithstanding, the state shall be immune from\nliability and action with respect to any act or omission done in the\ndischarge of the department's aforesaid responsibility pursuant to this\nsection; provided, however, that this paragraph shall not limit the\nliability which may otherwise exist for unlawful, willful or malicious\nacts or omissions on the part of the state, state agencies, or their\nofficers, employees or agents; or for the ownership or responsibility\nfor the disposal of hazardous waste, including the cost of cleanup,\npursuant to this section.\n  2. The department shall have the authority (a) to delegate such\nresponsibility for a specific site to the municipality in which such\nsite is located and (b) to contract with the environmental facilities\ncorporation and any other person to perform necessary work in connection\nwith such sites.\n  3. a. Whenever the commissioner finds that hazardous wastes at an\ninactive hazardous waste disposal site constitute a significant threat\nto the environment, he may order the owner of such site and/or any\nperson responsible for the disposal of hazardous wastes at such site (i)\nto develop an inactive hazardous waste disposal site remedial program,\nsubject to the approval of the department, at such site, and (ii) to\nimplement such program within reasonable time limits specified in the\norder. Provided, however, that in the event the commissioner of health\nshall issue an order pursuant to subdivision three of section one\nthousand three hundred eighty-nine-b of the public health law, such\norder of the commissioner of health shall supersede any order issued\nhereunder.\n  b. Whenever the commissioner, after investigation, finds:\n  (i) that hazardous wastes at an inactive hazardous waste disposal site\nconstitutes a significant threat to the environment; and\n  (ii) that such threat is causing or presents an imminent danger of\ncausing irreversible or irreparable damage to the environment; and\n  (iii) the threat makes it prejudicial to the public interest to delay\naction until a hearing can be held pursuant to this title, the\ndepartment may, pursuant to paragraph c of subdivision five of this\nsection and within the funds available to the department, develop and\nimplement an inactive hazardous waste disposal site remedial program for\nsuch site. Findings required pursuant to this paragraph shall be in\nwriting and may be made by the commissioner on an ex parte basis subject\nto judicial review.\n  4. Any order issued pursuant to subdivision three of this section\nshall be issued only after notice and the opportunity for a hearing is\nprovided to persons who may be the subject of such order. The\ncommissioner shall determine which persons are responsible pursuant to\nsaid subdivision according to applicable principles of statutory or\ncommon law liability. Such persons shall be entitled to raise any\nstatutory or common law defense at any such hearing and such defenses\nshall have the same force and effect at such hearings as they would have\nin a court of law. In the event a hearing is held, no order shall be\nissued by the commissioner under subdivision three of this section until\na final decision has been rendered. Any such order shall be reviewable\npursuant to article seventy-eight of the civil practice law and rules\nwithin thirty days after service of such order. The commissioner may\nrequest the participation of the attorney general in such hearings.\n  5. a. Whenever a person ordered to eliminate a threat to the\nenvironment pursuant to paragraph a of subdivision three of this section\nhas failed to do so within the time limits specified in the order, the\ndepartment may develop and implement an inactive hazardous waste\ndisposal site remedial program for such site. The reasonable expenses of\ndeveloping and implementing such remedial program by the department\nshall be paid by the person to whom the order was issued and the state\nmay seek to recover such reasonable expenses in any court of appropriate\njurisdiction.\n  b. In the event that the commissioner has found that hazardous wastes\nat a site constitute a significant threat to the environment, but after\na reasonable attempt to determine who may be responsible is either\nunable to determine who may be responsible, or is unable to locate a\nperson who may be responsible, the department may develop and implement\nan inactive hazardous waste disposal site remedial program for such\nsite. The department shall prioritize implementation of remedial\nprograms in accordance with subdivision five of section 27-1305 of this\ntitle. The commissioner shall make every effort, in accordance with the\nrequirements for notice, hearing and review provided for in this title,\nto secure appropriate relief from any person subsequently identified or\nlocated who is responsible for the disposal of hazardous waste at such\nsite, including, but not limited to response costs, natural resource\ndamages and penalties.\n  c. (i) Whenever the commissioner has made findings pursuant to\nparagraph b of subdivision three of this section or the commissioner of\nhealth has made a declaration and finding pursuant to paragraph (b) of\nsubdivision three of section one thousand three hundred eighty-nine-b of\nthe public health law, the department may develop and implement an\ninactive hazardous waste disposal site remedial program to contain,\nalleviate or end the threat to life or health or to the environment. The\ncosts incurred by the department in developing and implementing such a\nprogram shall be in an amount commensurate with the actions the\ndepartment deems necessary to eliminate such danger. In determining the\nscope, nature and content of such program, the department shall consider\namong others, the following factors:\n  (A) the technological feasibility of all actions;\n  (B) the nature of the danger to human health and the environment which\nthe actions are designed to address; and\n  (C) the extent to which the actions would reduce such danger to human\nhealth or the environment or would otherwise benefit human health or the\nenvironment, including if the actions would benefit a disadvantaged\ncommunity.\n  (ii) In implementing this title, the department shall consult with\nappropriate representatives of Indian nations on environmental and\ncultural resource issues related to this title of concern to either the\ndepartment or Indian nations.\n  d. Notwithstanding the provisions of subdivision c of this section,\nthe department shall be authorized to develop and implement an inactive\nhazardous waste disposal site remedial program at the site pursuant to\nthis subdivision if, in the discretion of the department, it is\ncost-effective for the department to develop and implement such a\nremedial program. The goal of any such remedial program shall be a\ncomplete cleanup of the site through the elimination of the significant\nthreat to the environment posed by the disposal of hazardous wastes at\nthe site and of the imminent danger of irreversible or irreparable\ndamage to the environment caused by such disposal. The factors to be\nconsidered by the department in determining whether it is cost-effective\nto develop and implement an inactive hazardous waste disposal site\nremedial program at a site pursuant to this subdivision shall include,\namong others:\n  (i) the ability of the department to determine, through the exercise\nof its scientific judgment, whether the elimination of the imminent\ndanger of irreversible or irreparable damage to the environment can be\nachieved through limited actions;\n  (ii) the ability of the department to identify the owner of the site\nand/or any person responsible for the disposal of hazardous wastes at\nsuch site with sufficient financial resources to develop and implement\nan inactive hazardous waste disposal site remedial program at such site;\n  (iii) the nature of the danger to human health and the environment\nwhich the actions are designed to address; and\n  (iv) the extent to which the actions would reduce such danger to human\nhealth or the environment or would otherwise benefit human health or the\nenvironment.\n  e. Whenever the commissioner of health makes a declaration and finding\npursuant to paragraph b of subdivision three of section one thousand\nthree hundred eighty-nine-b of the public health law, the department may\nimplement an inactive hazardous waste site remedial program in the same\nmanner as specified in paragraphs c and d of this subdivision.\n  f. The commissioner shall make every effort, in accordance with the\nrequirements for notice, hearing and review provided for in this title\nto secure appropriate relief from the owner or operator of such site\nand/or any person responsible for the disposal of hazardous wastes at\nsuch site, including, but not limited to, response costs, natural\nresource damages, and penalties.\n  g. When a municipality develops and implements pursuant to an\nagreement with the department an inactive hazardous waste disposal site\nremedial program as approved by the department for a site which is owned\nor has been operated by such municipality or when the department,\npursuant to an agreement with a municipality, develops and implements\nsuch a remedial program, the commissioner shall, in the name of the\nstate, agree in such agreement to provide from the hazardous waste\nremedial fund, within the limitations of appropriations therefor,\nseventy-five percent of the eligible design and construction costs of\nsuch remedial program for which such municipality is liable solely\nbecause of its ownership and/or operation of such site and which are not\nrecovered from or reimbursed or paid by a responsible party or the\nfederal government.\n  6. Nothing contained within this section shall be construed as\nimpairing or in any manner affecting the right or jurisdiction of the\nattorney general to seek appropriate relief pursuant to his statutory or\ncommon law authority.\n  7. Moneys for actions taken or to be taken by the department, the\ndepartment of health or any other state agency in connection with the\nelimination of conditions dangerous to life or health pursuant to\nsubdivision five of section thirteen hundred eighty-nine-b of the public\nhealth law or with the elimination of a significant threat to the\nenvironment pursuant to this section shall be payable directly to such\nagencies from the hazardous waste remedial fund pursuant to section\nninety-seven-b of the state finance law. This includes any inspection or\nsampling of wastes, soils, air, surface water, groundwater, or other\nnatural resources, done on behalf of a state agency whether or not such\naction is taken prior to the issuance of a declaration pursuant to\nsubdivision two of section thirteen hundred eighty-nine-b of the public\nhealth law or a finding pursuant to subdivision three of this section\nand any administrative expenses related thereto.\n  8. Any duly designated officer or employee of the department or any\nother state agency, and any agent, consultant, contractor, or other\nperson, including an employee, agent, consultant, or contractor of a\nresponsible person acting at the direction of the department, so\nauthorized in writing by the commissioner, may enter any inactive\nhazardous waste disposal site and areas near such site to implement an\ninactive hazardous waste disposal site remedial program for such site,\nprovided the commissioner has sent a written notice to the owners of\nrecord or any known occupants of such site or nearby areas of the\nintended entry and work at least ten days prior to such initial entry.\n  9. Nothing herein contained shall be construed to limit or in any\nmanner affect the power of the commissioner to issue an order according\nto the provisions of section 71-2727 of this chapter.\n  10. The department, by and through the commissioner, shall be\nauthorized to exempt a person from the requirement to obtain any state\nor local permit or other authorization for any activity needed to\nimplement an inactive hazardous waste disposal site remedial program\npursuant to this title; provided, that the activity is conducted in a\nmanner which satisfies all substantive technical requirements applicable\nto like activity conducted pursuant to a permit.\n
N.Y. PBA Law § 2050-CC — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-CC
Eastern Rensselaer county solid waste management authority
Status: in_force

§ 2050-cc. Eastern Rensselaer county solid waste management authority.\n1. A corporation known as the Eastern Rensselaer county solid waste\nmanagement authority is hereby created for the public purposes and\ncharged with the duties and having the powers provided in this title.\nThe authority shall be a body corporate and politic constituting a\npublic benefit corporation. It shall consist of a maximum of seventeen\nmembers and a minimum of six members, one member appointed by each\nlegislative body of the towns constituting the authority. Each member\nshall be appointed to serve a five year term. Subsequent appointment of\nmembers by each legislative body shall be made for a term of five years\nending in each case on December thirty-first of the last year of such\nterm. All members shall continue to hold office until their successors\nare appointed and qualify. Vacancies shall be filled by the affected\nlegislative body in the manner provided for in the original appointment.\nVacancies, occurring otherwise than by expiration of term of office,\nshall be filled by the affected legislative body for the unexpired\nterms. Members may be removed from office by the legislative body of the\ntown which appointed such members for inefficiency, neglect of duty or\nmisconduct in office; provided, however, that such member shall be given\na copy of the charges against him and an opportunity of being heard in\nperson, or by counsel, in his defense upon not less than ten days\nnotice. The members of the authority shall be reimbursed for all their\nactual and necessary expenses incurred in connection with the carrying\nout of the purposes of this title. The powers of the authority shall be\nvested in and be exercised by the governing body at a meeting duly\ncalled and held and a majority of the members shall constitute a quorum.\nNo action shall be taken except pursuant to the favorable vote of not\nless than a majority of the members which the authority would have would\nthere be no vacancies and were none of the members disqualified from\nacting. The governing body may delegate to one or more of its members,\nofficers, agents or employees such powers and duties as it may deem\nproper.\n  2. The officers of the authority shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the authority,\nand a secretary, who need not be a member of the authority. Such\nofficers shall be appointed by the governing body and shall serve at the\npleasure of the governing body. In addition to the secretary, the\ngoverning body may appoint and at pleasure remove an attorney, engineer\nand executive director which positions shall be in the exempt class of\ncivil service and such additional officers and employees as they may\ndetermine necessary for the performance of the powers and duties of the\nauthority, and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\ngoverning body may also, from time to time, contract for expert\nprofessional services. The treasurer shall execute a bond, conditioned\nupon the faithful performance of the duties of his office, the amount\nand sufficiency of which shall be approved by the governing body and the\npremium therefor shall be paid by the authority.\n  3. Notwithstanding any inconsistent provisions of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, Rensselaer county, the towns, any other\nmunicipality, or any public benefit corporation, shall forfeit his or\nher office of employment by reason of his or her acceptance of\nappointment as a member, officer, agent or employee of the authority,\nnor shall service as such member, officer, agent or employee be deemed\nincompatible or in conflict with such office, membership or employment.\n  4. The chairman of the town legislature of each of the towns shall\nfile on or before December thirty-first, nineteen hundred ninety, in the\noffice of the secretary of state, a certificate approved by the\nlegislature setting forth: (a) the name of the authority; (b) the name\nof the member appointed by such town legislature; (c) a verified copy of\na duly adopted local law or ordinance as prescribed in section one\nhundred twenty-aa of the general municipal law; and (d) the effective\ndate of this title. The authority shall be perpetual in duration, except\nthat if any town shall not file such certificate, such town shall not be\nincluded within the definition of "towns" as such term is defined in\nsubdivision eighteen of section two thousand fifty-bb of this title, and\nfurther, if such certificate is not filed by six or more towns with the\nsecretary of state on or before such date then the corporate existence\nof the authority shall thereupon terminate and it shall thereupon be\ndeemed to be and shall be dissolved; provided, however, that no such\ntermination shall take effect so long as the authority shall have bonds\nor other obligations outstanding unless adequate provision has been made\nfor the payment or satisfaction thereof. Prior to termination of the\nexistence of the authority, all of the rights and properties of the\nauthority then remaining shall pass to and vest in the towns in such\nmanner as shall be determined by the towns.\n  5. It is hereby determined and declared, that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the towns and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n
N.Y. PBA Law § 2050-TT — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-TT
Pledge by towns; contracts with municipalities; powers of municipalities
Status: in_force

§ 2050-tt. Pledge by towns; contracts with municipalities; powers of\nmunicipalities. 1. The towns are hereby authorized to pledge to and\nagree with the holders of any bonds that the towns will not limit or\nimpair the rights hereby vested in the authority to purchase, construct,\nown and operate, maintain, repair, improve, increase, enlarge, extend,\nreconstruct, renovate, rehabilitate or dispose of any project, or any\npart or parts thereof, for which bonds of the authority shall have been\nissued, to establish and collect rates, rents, fees and other charges\nreferred to in this title and to fulfill the terms of any agreements\nmade with the holders of the bonds or with any public corporation or\nperson with reference to such project or part thereof, or in any way\nimpair the rights and remedies of the bondholders, until the bonds,\ntogether with interest thereon, including interest on any unpaid\ninstallments of interest, and all costs and expenses in connection with\nany action or proceeding by or on behalf of the bondholders are fully\nmet and discharged.\n  2. The authority and the towns shall have power to contract from time\nto time in relation to the collecting, receiving, transporting, storage,\nprocessing or disposal of solid waste or for the purchase or use of any\nmaterials, energy, by-products or residue generated by or resulting from\nthe operation of any solid waste management-resource recovery facility.\nAny such contract to which the authority, the towns or any municipality\nwithin the area of operation are parties may include provisions\nstipulating the minimum and/or maximum rates, rentals, fees and other\ncharges to be collected for the use and availability of facilities. Any\ncontract may also include provisions:  (a) requiring any such town or\nmunicipality to deliver, or cause to be delivered, periodically to a\nspecified facility or facilities all or any portion of the solid waste\ngenerated, originated or brought within such town or municipality and\nproviding for specified minimum periodic payments whether or not such\ndelivery of any such solid-waste is made; (b) reserving to any such town\nor municipality, and granting by the authority to any such town or\nmunicipality, a portion of or the entirety of the capacity of a solid\nwaste management-resource recovery facility as any such town or\nmunicipality determines is reasonably necessary to meet its present and\nreasonably anticipated needs and providing for specified minimum\nperiodic payments in consideration thereof, or (c) requiring the towns\nto pay such amounts as shall be necessary to assure the continued\noperation and solvency of the authority, all such payments to be\ndetermined and paid in such manner and at such times as may be provided\nin such contract.\n  3. To further the governmental and public purposes of the authority,\nincluding the implementation of any contract or proposed contract\ncontemplated by this title, and in recognition of the public policy of\nthe state in the area of the control and management of solid waste and\nsolid waste disposal activities to displace competition with regulation\nor monopoly public control, the towns and all other municipalities\nwithin the area of operation, as instrumentalities of the state, shall\nhave the power to adopt and amend local laws, ordinances and regulations\nimposing appropriate and reasonable limitations on competition with\nrespect to collecting, receiving, transporting, delivering, storing,\nprocessing and disposing of solid waste or the recovery by any means of\nany material or energy product or resource therefrom, including, without\nlimiting the generality of the foregoing, local laws requiring that all\nsolid waste generated, originated or brought within their respective\nboundaries, subject to such exceptions as may be determined to be in the\npublic interest, shall be delivered to a specified solid waste\nmanagement-resource recovery facility; provided, however, that any such\nlocal law, ordinance or regulation enacted by the towns shall take\nprecedence over and shall supersede any inconsistent provisions of any\nsuch local law, ordinance or regulation enacted by any other\nmunicipality within the area of operation. Any such local law shall be\nadopted in accordance with the procedure provided by the municipal home\nrule law, except that no such local law shall be subject to either\nmandatory or permissive referendum. Any such local law may include\nprovisions for the enforcement thereof and penalties for the violation\nthereof, which may provide, but shall not be limited to providing, that\nany violation of a local law shall constitute an offense or infraction,\nand may provide that any violation may be punished by civil penalty,\nfine or other monetary charge, and/or, the suspension or revocation of\npermits or licenses granted by any other jurisdiction with respect to\nthe collecting, receiving, transporting, delivery or storing of solid\nwaste. Upon the adoption of any local law, ordinance or regulation\npursuant to this section, the towns or other municipality shall file a\nverified copy of such local law, ordinance or regulation with the\ncommissioner of the department of environmental conservation; provided,\nhowever, that the failure to so file such a local law, ordinance or\nregulation shall not invalidate such local law, ordinance or regulation.\nUpon the adoption or amendment of any local law or ordinance pursuant to\nsection one hundred twenty-aa of the general municipal law, any or all\nof the towns, by their respective legislative body, is authorized and\nempowered to delegate and assign to the authority, in whole or in part,\nby contract and on such terms as the parties may agree, the\nadministration and implementation of the source separation and recycling\nprogram. Such delegation and assignment powers should be in addition to\nany other contracting powers and authority the towns may have under this\nsection.\n  For purposes of this subdivision, solid waste shall have the meaning\nspecified in this title, but shall not include any scrap or other\nmaterial of value separated from the waste stream and held for purposes\nof materials recycling.\n  4. The towns are hereby authorized to resell or otherwise dispose of\nall or any part of the materials, energy, by-products or residue\npurchased from the authority pursuant to this section. Any resale of or\nother disposition may be made in such manner as the towns may deem\nproper and upon such terms and conditions as may be agreed upon by the\nparties thereto.\n  5. The towns and all other municipalities within the area of operation\nshall have power to perform such other acts, to enter into such other\ncontracts, including contracts between or among themselves, execute such\ninstruments and to undertake such future proceedings as shall be\ndetermined necessary or desirable to effectuate the purpose of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe authority.\n  6. Any contract entered into pursuant to this section to which the\nauthority shall be a party may be pledged by the authority as security\nfor any issue of bonds, and may be assigned, in whole or in part, by the\nauthority, to any public corporation or person which shall construct,\npurchase, lease or otherwise acquire any solid waste management-resource\nrecovery facility, or part thereof, financed in whole or in part by the\nauthority.\n
N.Y. PBA Law § 2046-K — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-K
Transfer of officers and employees
Status: in_force

§ 2046-k. Transfer of officers and employees. Any officer or employee\nof the town selected by the agency may, with the consent of the town, be\ntransferred to the agency. The salary or compensation of any such\nofficer or employee shall, after such transfer, be paid and fixed by the\nagency. Notwithstanding the provisions of this title any such officers\nor employees so transferred to the agency pursuant to the provisions of\nthis section, who are members of or beneficiaries under any existing\npension or retirement system, shall continue to have all rights,\nprivileges, obligations and status with respect to such fund, system or\nsystems as are now prescribed by law, but during the period of their\nemployment by the agency, all contributions to any pension or retirement\nsystem to be paid by the employer on account of such officers or\nemployees, shall be paid by the agency.\n
N.Y. PBA Law § 2051-W — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-W
Separability
Status: in_force

§ 2051-w. Separability. If any section, clause or provision in this\ntitle shall be held by a competent court to be unconstitutional or\nineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective, and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n
N.Y. PBA Law § 2049-J — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-J
State, town and municipalities not liable on bonds
Status: in_force

§ 2049-j. State, town and municipalities not liable on bonds. Neither\nthe state, town nor any other municipality or public corporation shall\nbe liable on the bonds of the authority and such bonds shall not be a\ndebt of the state, town or any other municipality or public corporation,\nand such bonds shall contain, on the face thereof, a statement to such\neffect.\n
N.Y. PBA Law § 2041-O — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-O
Contracts
Status: in_force

§ 2041-o. Contracts. All contracts or orders for work, material or\nsupplies performed or furnished in connection with construction, shall\nbe awarded by the authority pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, shall be\nmade in compliance with paragraph (e) of subdivision four and\nsubdivision seven of section one hundred twenty-w of the general\nmunicipal law. In any construction contract, the authority may provide a\nprogram for the payment of damages for delays and incentive awards in\norder to encourage timely project completion. An action, suit or\nproceeding contesting the validity of a contract awarded pursuant to\nthis section, or the validity of the procedures relating to such award,\nshall be governed by the provisions of subdivision six of section one\nhundred twenty-w of the general municipal law and the term\n"municipality" as used in such subdivision six shall mean the authority.\n  The bidder whose bid is accepted shall give security for the faithful\nperformance of the contract, and such other security as the authority\nmay require, and may be required to maintain any construction done under\nthe contract for such period as shall be stipulated, all in the manner\nprescribed and required by the authority and the sufficiency of such\nsecurity shall, in addition to the justification and acknowledgement, be\napproved by the authority. All bids or proposals shall be publicly\nopened by the governing body or its duly authorized agent. If the bidder\nwhose bid or proposal has been accepted after advertising shall neglect\nor refuse to accept the contract within five days after written notice\nthat the contract has been awarded to him on his bid proposal or, if he\naccepts but does not execute the contract and give proper security, the\nauthority shall have the right to declare his deposit forfeited. In case\nany work shall be abandoned by any contractor, the authority may, if it\ndetermines that the public interest is thereby served, adopt on behalf\nof the authority any or all subcontracts made by such contractor for\nsuch work and all such subcontractors shall be bound by such adoption if\nmade. No bid proposal shall be accepted from or any contract awarded to,\nany person or corporation who is in arrears to the authority or any\nparticipating county upon any obligation of the authority or any\nparticipating county. Every contract shall be executed in duplicate, one\ncopy of which shall be held by the authority and one copy of which shall\nbe delivered to the contractor. The authority may adopt, utilize, ratify\nand confirm any request for proposals, invitation for sealed bids,\nplans, specifications and notices heretofore or hereafter published by\nany participating county with respect to any proposed project. The\nprovisions of this section shall supersede any inconsistent provisions\nof the general municipal law, or any other general, special or local\nlaw, or the charter of any participating county.\n  The authority shall ensure that, where possible, all employees or\napplicants for employment are afforded equal employment opportunity\nwithout discrimination.\n
N.Y. ENV Law § 27-1321 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1321
Protection against liability
Status: in_force

§ 27-1321. Protection against liability.\n  1. Notwithstanding any other provision of law to the contrary, any\nperson who is, by professional training or experience and attainment,\nqualified to analyze and interpret matters pertaining to the treatment,\nstorage, disposal, or transport of hazardous materials or hazardous\nwastes, and who voluntarily and without expectation of monetary\ncompensation provides assistance or advice in mitigating the effects of\nan accidental or threatened discharge of any hazardous materials or\nhazardous wastes, or in preventing, cleaning up, or disposing of any\nsuch discharge, shall not be subject to a penalty or to civil liability\nfor damages or injuries alleged to have been sustained by any person or\nentity by reason of an act or omission in the giving of such assistance\nor advice. For the purposes of this section, the term "hazardous\nmaterials" shall have the same meaning as that term is defined in\nregulations promulgated by the commissioner of transportation pursuant\nto section fourteen-f of the transportation law, and the term "hazardous\nwastes" shall mean those wastes identified or listed pursuant to section\n27-0903 of this article and any rules and regulations promulgated\nthereunder.\n  2. Nothing in subdivision one of this section shall be deemed or\nconstrued to relieve from liability for damages or injuries any person\nwho: (a) is alleged to have caused said damages or injuries as the\nresult of gross negligence, or reckless, wanton or intentional\nmisconduct, or (b) is under a legal duty to respond to the incident, or\n(c) receives compensation other than reimbursement for out-of-pocket\nexpenses for services in rendering assistance or advice.\n  3. Notwithstanding any other provision of law to the contrary, the\nliability of any person designing, implementing or otherwise performing\nservices related to an inactive hazardous waste disposal site remedial\nprogram or related to cleanup or restorative work which is conducted\npursuant to a contract with the department or pursuant to an order of\nthe department, the department of health or a court, for any injury to a\nperson or property caused by or related to such services shall be\nlimited to acts or omissions of the person during the course of\nperforming such services which are shown to have been the result of\nnegligence, gross negligence or reckless, wanton or intentional\nmisconduct. Notwithstanding any other provision of law, when (i) a\nverdict or decision in an action or claim for injury to a person or\nproperty caused by or related to such services is determined in favor of\na claimant in an action involving a person performing such services and\nany other person or persons jointly liable, and (ii) the liability of\nthe person performing such services is found to be fifty percent or less\nof the total liability assigned to all persons liable, and (iii) the\nliability of the person performing such services is not based on a\nfinding of reckless disregard for the safety of others, or intentional\nmisconduct, then the liability of the person performing such services to\nthe claimant for loss relating to injury to property and for\nnon-economic loss relating to injury to a person shall not exceed the\nequitable share of the person performing such services determined in\naccordance with the relative culpability of each person causing or\ncontributing to the total liability for such losses; provided, however,\nthat the culpable conduct of any person not a party to the action shall\nnot be considered in determining any equitable share herein if the\nclaimant proves that with due diligence the claimant was unable to\nobtain jurisdiction over such person in said action. As used in this\nsection, the term "non-economic loss" includes but is not limited to\npain and suffering, mental anguish, loss of consortium or other damages\nfor non-economic loss. However, nothing in this subdivision shall be\ndeemed to alter, modify or abrogate the liability of any person\nperforming such services for breach of any express warranty, limited or\notherwise, or an express or implied warranty under the uniform\ncommercial code, or to an employee of such person pursuant to the\nworkers' compensation law, or relieve from liability, including\nliability for the costs of cleanup, the owner or any person who is a\nperson responsible for the disposal of hazardous wastes at the site,\npursuant to section 27-1313 of this article.\n
N.Y. ENV Law § 15-1303 — New York Code / Act ENV / Article 15 / Title 13 / Section 15-1303
Powers and duties of the department
Status: in_force

§ 15-1303. Powers and duties of the department.\n  The department shall:\n  1. Promulgate, and amend from time to time, such rules and regulations\nas the department shall deem necessary, proper or desirable to carry out\nthe provisions and purposes of this title and to assure the appropriate\ncoordination of water supply planning pursuant to this title with the\nplanning, protection, conservation, development and utilization of the\nwater resources of this state pursuant to the provisions of this\nchapter, the Public Health Law or any other law.  Such rules and\nregulations shall be promulgated prior to July 1, l964;\n  2. Receive applications of local agencies for state aid, pursuant to\nthis title, in such form and containing such information as it may\nrequire;\n  3. Approve the area and scope of such comprehensive studies, prior to\ntheir execution, in accordance with the rules and regulations adopted by\nthe department; and upon recommendations of the state Commissioner of\nHealth;\n  4. Approve applications for state aid pursuant to this title;\n  5. Receive copies of final reports of local agencies; and make\nadvisory recommendations to the state Commissioner of Health with\nrespect thereto;\n  6. Performs such other and further acts as may be necessary, proper or\ndesirable to carry out effectively the provisions of this section.\n
N.Y. ENV Law § 11-1319 — New York Code / Act ENV / Article 11 / Title 13 / Section 11-1319
Possession, transportation and sale of fish
Status: in_force

§ 11-1319. Possession, transportation and sale of fish.\n  1. Application.\n  a. This section governs possession, transportation and sale of all\nfish taken in waters of the state, including the marine and coastal\ndistrict except (1) trout and black bass raised under permit from the\ndepartment and identified as provided in section 11-1909, (2) fish taken\nfrom a farm fish pond licensed as provided in section 11-1911, and (3)\nfish taken from licensed fishing preserve waters as provided in section\n11-1913.\n  b. Fish lawfully taken may be (1) possessed, (2) transported within\nthe state and from within to without the state, and (3) bought and sold,\nas provided in this section and in the sections of the Fish and Wildlife\nLaw and regulations of the department to which this section refers, and\nnot otherwise. Such fish shall not be possessed, transported, bought or\nsold unless lawfully taken, nor transported, bought or sold, unless\nlawfully possessed.\n  c. No fish shall be possessed, transported or sold contrary to the\nterms of any statute, regulation, permit or license of the department,\npursuant to which it is taken or acquired.\n  2. Sale.\n  a. Trout, including rainbow trout, Atlantic salmon, black bass,\nwalleye and muskellunge shall not be bought and sold.\n  b. Bait fish named in section 11-1315 shall not be sold for bait\nexcept as provided in that section.\n  c. The following fish may be bought and sold at any time: (1) the\nmarine species named in section 13-0339 or in regulations of the\ndepartment provided they are of the minimum size limits stated in such\nsection or in such regulations; (2) fish that may be taken with nets in\nthe Hudson River, Lake Erie and Lake Ontario as authorized by\nregulations of the department provided they are of the minimum size\nlimits stated in such regulations; (3) fish not specifically named in\nparagraph d of this subdivision or in section 13-0339, 11-1521 or\n13-0347 or in regulation adopted pursuant to section 11-1303; (4) fish\nfor which such regulations specify no minimum size limits and specify\ngenerally without exceptions, that the open season is "any time".\n  3. Possession.\n  A person shall not possess on waters of the state nor the shores\nthereof, any species of fish (other than fish legally taken in a net or\nfish legally taken by the holder of a license issued pursuant to section\n13-0335 of this chapter) in excess of the number of such species which\nmay be legally taken by one person in one day.\n  4. Transportation.\n  a. Carcasses, and parts thereof, of fish which may be sold as provided\nin subdivision 2 may be transported within and from within to without\nthe state by any person, at any time, in any number and in any manner.\n  b. Carcasses, and parts thereof, of fish which may not be sold as\nprovided in subdivision 2 may be transported within and from within to\nwithout the state by any person, at any time, subject to the following\nrestrictions: (1) no person shall transport in one day a quantity of\nfish for which a catch limit is provided in regulations adopted pursuant\nto section 11-1303 or 11-1505 greater than the quantity that may\nlawfully be taken by one person in two days, unless such transportation\nis authorized by permit issued by the department or the fish so\ntransported is frozen or otherwise processed and packaged for storage\nand is transported from a place of processing to a place of storage or\nof consumption or from a place of storage to a place of storage or\nconsumption; (2) such carcasses or parts thereof shall not be shipped by\nparcel post, and if shipped by carrier, they or the package containing\nthem shall have attached a card or label showing the name and address of\nthe taker, his license number, the name and address of the consignee,\nand if the fish is shipped in a package, the nature of the contents of\nthe package.\n
N.Y. PBA Law § 2049-W — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-W
Separability
Status: in_force

§ 2049-w. Separability. If any section, clause or provision in this\ntitle shall be held by a competent court to be unconstitutional or\nineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective, and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n
N.Y. PBA Law § 2047-W — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-W
Separability
Status: in_force

§ 2047-w. 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