N.Y. PBA Law § 2047-P — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-P
Contracts
Status: in_force

§ 2047-p. Contracts. All contracts or orders, for work, material or\nsupplies performed or furnished in connection with construction, shall\nbe awarded by the agency pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, 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  The bidder whose bid is accepted shall give security for the faithful\nperformance of the contract, and such other security as the agency may\nrequire, and may be required to maintain any construction done under the\ncontract for such period as shall be stipulated, all in the manner\nprescribed and required by the agency and the sufficiency of such\nsecurity shall, in addition to the justification and acknowledgement, be\napproved by the agency. All bids or proposals shall be publicly opened\nby the governing body or its duly authorized agent. If the bidder whose\nbid or proposal has been accepted after advertising shall neglect or\nrefuse to accept the contract within five days after written notice that\nthe contract has been awarded to him on his bid or proposal, or, if he\naccepts but does not execute the contract and give proper security, the\nagency shall have the right to declare his deposit forfeited. In case\nany work shall be abandoned by any contractor, the agency may, if it\ndetermines that the public interest is thereby served, adopt on behalf\nof the agency any or all subcontracts made by such contractor for such\nwork and all such subcontractors shall be bound by such adoption if\nmade. No bid or proposal shall be accepted from or any contract awarded\nto, any person or corporation who is in arrears to the agency or the\ncounty upon any obligation of the agency or of the county. Every\ncontract involving an expenditure of more than five thousand dollars\nwhen made and entered into as herein provided for shall be executed in\nduplicate, one copy of which shall be held by the agency and one copy of\nwhich shall be delivered to the contractor. The agency may adopt,\nutilize, ratify and confirm any request for proposals, invitation for\nsealed bids, plans, specifications and notices heretofore or hereafter\npublished by the county with respect to any proposed project, and the\nagency may adopt, utilize, accept and confirm any bids or proposals\nsubmitted to the county and heretofore or hereafter received and\npublicly 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-six hundred four of this chapter.\n
N.Y. ENV Law § 33-1303 — New York Code / Act ENV / Article 33 / Title 13 / Section 33-1303
Registration not a defense
Status: in_force

§ 33-1303. Registration not a defense.\n  In no event shall registration of a pesticide, be construed as a\ndefense for the commission of any offense prohibited under subdivisions\n1 through 7 of section 33-1301.\n
N.Y. PBA Law § 2052-D — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-D
Powers of the authority
Status: in_force

§ 2052-d. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  4. To acquire, lease as lessee, hold and use by purchase, gift, grant,\ntransfer, contract or lease any real or personal property or any\ninterest therein, as the authority may deem necessary, convenient or\ndesirable to carry out the purpose of this title. In connection with the\nacquisition of any such property, the authority may assume any\nobligations of the owner of such property and, to the extent required by\nthe terms of any indentures or other instruments under which such\nobligations were issued, the authority may assume and agree to perform\ncovenants and observe the restrictions contained in such instruments;\nand furthermore the owner of any property which the authority is\nauthorized to acquire is hereby authorized to sell or otherwise transfer\nthe same to the authority, whereupon the authority shall become charged\nwith the performance of all public duties with respect to such property\nwith which such owner was charged and such owner shall become discharged\nfrom the performance thereof;\n  5. To develop, construct, operate, maintain, manage or contract for\nthe operation, maintenance or management of Murnane Field; to allow the\nuse of Murnane Field by professional athletic teams for the conduct of\nprofessional and amateur athletic events and activities related thereto\nand, in its discretion, other organized public use and to allow the use\nof Murnane Field by the Utica city school district for the organized use\nof its students, subject only to general rules for the use of such\nsports facility and reasonable scheduling requirements; to contract for\nthe operation and maintenance of the sports facility under its\njurisdiction or for services to be performed in connection therewith; to\nrent parts thereof and to grant concessions, all on such terms and\nconditions as it may determine;\n  6. To lease the project of the authority to the county or any other\nmunicipality in the county, or any instrumentality thereof, upon such\nterms and conditions as shall be determined by the authority, the\ncounty, the municipality or such instrumentality, as the case may be;\n  7. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n  8. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n  9. To enter upon such lands or premises as in the judgment of the\nauthority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  10. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  11. To enter into cooperative agreements with other authorities,\nmunicipalities, district corporations, individuals or corporations,\nwithin or without the county, for any lawful purposes necessary or\ndesirable to effect the purposes of this title upon such terms and\nconditions as shall be determined to be reasonable;\n  12. To make bylaws and rules for the management and regulation of its\naffairs and for the regulation of any project. A copy of such bylaws and\nrules, and all amendments thereto, duly certified by the secretary of\nthe authority shall be filed in the office of the county clerk of the\ncounty and shall be published thereafter once in each of two newspapers\nhaving a general circulation in the county. Violations of such rules\nshall be punishable by fine, not exceeding fifty dollars, or by\nimprisonment for not longer than thirty days, or both;\n  13. To fix rates and collect charges for the use of the project so as\nto provide revenues sufficient at all times to pay, as the same shall\nbecome due, the expense of operating and maintaining the project of the\nauthority together with proper reserves for maintenance, contingencies\nand all other obligations and indebtedness of the authority;\n  14. With the consent of the county board of legislators, to use\nofficers and employees of the county, including the county attorney's\noffice, and to pay a proper portion of compensation or costs for the\nservices of such officers or employees; and\n  15. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. PBA Law § 2041-F — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-F
Transfer of officers and employees
Status: in_force

§ 2041-f. Transfer of officers and employees. Any officer or employee\nof a participating county or of any municipality located within a\nparticipating county under civil service who is selected by the\nauthority may, with the consent of the legislative body of the employing\ncounty or municipality, be transferred to the authority and shall be\neligible for such transfer and appointment, without examination, to\napplicable offices, positions and employment under the authority. The\nsalary or compensation of any such officer or employee, after such\ntransfer, shall be paid by the authority. Any such officers or employees\nso transferred to the authority pursuant to this section who are members\nof or benefit under any existing pension or retirement fund or system\nshall continue to have all rights, privileges, obligations and status\nwith respect to such fund or system as are now prescribed by law but,\nduring this period of their employment by the authority, all\ncontributions to such fund or system heretofore made by the employing\ncounty or municipality, shall be made by the authority.  All such\nofficers or employees so transferred to the authority who have been\nappointed to positions under the rules and classifications of the\npersonnel officer of the county or any employing municipality shall have\nthe same status with respect thereto after transfer to the authority as\nthey had under their original appointment.\n
N.Y. PBA Law § 2045-U — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-U
Solid waste facility reserve fund
Status: in_force

§ 2045-u. Solid waste facility reserve fund. The county legislature\nmay establish a special fund, to be known as the solid waste facility\nreserve fund of the county. There shall be credited to such reserve fund\nall amounts paid to the county and specifically designated by the payor\nfor deposit in such reserve fund, together with such county moneys as\nmay be appropriated thereto from time to time. Moneys in such reserve\nfund may be appropriated only for the purpose of paying amounts due from\nthe county 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 subdivision, the management of such reserve fund and the investment\nof moneys therein shall be subject to the provisions of section six-h of\nthe general municipal law.\n
N.Y. ENV Law § 11-1317 — New York Code / Act ENV / Article 11 / Title 13 / Section 11-1317
Fish-bait; protection of aquatic insects
Status: in_force

§ 11-1317. Fish-bait; protection of aquatic insects.\n  1. No aquatic insect nor any insect that lives in the water during any\nof its life stages shall be taken from waters inhabited by trout nor\nfrom the banks thereof at any time.\n  2. No person shall take from the waters of the state or the banks\nthereof for sale as bait, and no person shall sell as bait, any such\ninsect, without first obtaining from the department a license to take\nsuch insects for sale as bait or to sell such insects as bait.\n  3. The license provided for in subdivision 2 shall be issued only in\nthe discretion of the department. Licenses to take for sale as bait\ninsects described in this section shall be issued only to residents of\nthis state and to residents of a state in which residents of this state\nmay be licensed, or are permitted without license, to take such insects\nfor sale as bait.\n
N.Y. PBA Law § 2046-Q — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-Q
Audit and annual report
Status: in_force

§ 2046-q. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nagency shall be subject to the supervision of the state comptroller. The\nagency shall annually submit to the governor and the state comptroller\nand to the state legislature a detailed report pursuant to the\nprovisions of sections two thousand five hundred, two thousand five\nhundred one, two thousand five hundred two and two thousand five hundred\nthree of title one of article nine of this chapter, and a copy of such\nreport shall be filed with the town clerk.\n
N.Y. PBA Law § 2049-AA — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-AA
Short title
Status: in_force

§ 2049-aa. Short title. This title shall be known and may be cited as\nthe "Oneida-Herkimer solid waste management authority act".\n
N.Y. PBA Law § 2041-W — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-W
Dissolution
Status: in_force

§ 2041-w. Dissolution. 1. Notwithstanding any provision of law to the\ncontrary, the Montgomery, Otsego, Schoharie county solid waste\nmanagement authority shall be dissolved on a date established by\nresolution adopted upon a vote of a majority of the board of directors\nof said authority. In any such resolution, the date of dissolution shall\nnot occur prior to the termination of the "Service Agreement" dated as\nof May first, nineteen eighty-nine, as amended by amendment No. 1 dated\nas of May first, two thousand ten, by and between the counties of\nMontgomery, Otsego and Schoharie and the authority, nor later than\nOctober first, two thousand fourteen. Upon the adoption of such\nresolution, the board of directors shall make provision for the winding\ndown of the business and affairs of the authority, and shall distribute\nthe assets and liabilities of the authority to the member counties as of\na transfer date or dates established by the authority, which shall be on\nor prior to the date of dissolution, all in accordance with subdivisions\ntwo and three of this section.\n  2. In distribution of the assets and liabilities of the authority to\nthe member counties, the following transactions shall occur:\n  (a) The authority shall convey, and the counties of Montgomery, Otsego\nand Schoharie, respectively, shall accept, all of the authority's right\ntitle and interest in the real property, structures and improvements\nconstituting the transfer stations owned by the authority, including but\nnot limited to any and all permits and licenses attendant thereto,\naccording to the following distribution, without regard to appraised\nvalue and without other consideration except as set forth in this\nsection.\n  (i) to the county of Montgomery, the transfer stations known as the\nWestern transfer station located at 4583 Route 5S in Sprakers, N.Y., and\nthe Amsterdam transfer station located at 1247 Route 5S in Amsterdam,\nN.Y.;\n  (ii) to the county of Otsego, the transfer stations known as the\nNorthern transfer station located at 5802 State highway 28 in\nCooperstown, N.Y., and the Oneonta transfer station located at 75 Silas\nLane in Oneonta, N.Y.; and\n  (iii) to the county of Schoharie the transfer station known as the\nSchoharie transfer station located at 2805 Route 7 in Cobleskill, N.Y.\ntogether with the balance of the real property owned by the authority at\nsuch location, including but not limited to the administrative office\nbuilding of the authority located adjacent to said transfer station.\n  (b) Concurrently with the conveyance of title to the real property and\nimprovements described in paragraph (a) of this subdivision, the\nauthority shall convey, and the counties of Montgomery, Otsego and\nSchoharie, respectively, shall accept, with respect to each such\ntransfer station, all of the authority's right title and interest in the\nmoveable fixtures and equipment located at, and attendant to, the\noperation of such transfer stations. The inventory of moveable fixtures\nand equipment prepared by the authority as of November fourth, two\nthousand thirteen and on file with the clerk of each county, unless\notherwise agreed by the counties, shall be the basis for such transfers,\nsubject to ordinary use by the authority prior to the transfer date. On\nthe written request of any of the counties, made not later than fifteen\ndays after the first of the conveyances described in paragraph (a) of\nthis subdivision, the authorities budget office shall designate a\nmediator and/or an appraiser to examine the distribution of moveable\nfixtures and equipment at each of the transfer stations, which mediator\nor appraiser shall be authorized to order a more equitable distribution\nof such moveable fixtures and equipment, to ensure that each such\ntransfer station is functionally capable of continuing operations after\nthe authority ceases provision of solid waste services. Any such order\nissued by such mediator or appraiser shall be final and binding on each\nof the counties.\n  (c) The authority shall convey, and the counties of Montgomery, Otsego\nand Schoharie shall accept, in common ownership, all of the authority's\nright title and interest in the real property, structures and\nimprovements constituting the landfills more fully described in the\n"Post Closure Monitoring and Maintenance Agreement" dated December\ntenth, two thousand nine, entered into between the Montgomery, Otsego,\nSchoharie county solid waste management authority and the three\ncounties, together with all monies held by the authority in the landfill\noperating account and the authority's interest in the post closure\nreserve account established pursuant to said agreement. From and after\nthe transfer of title to the landfills from the authority to the\ncounties, the authority shall have no future obligation and\nresponsibility under said Post Closure Monitoring and Maintenance\nAgreement, which responsibilities shall be assumed by the counties.\n  (d) Concurrently with the conveyance of title to the real property and\nimprovements described in paragraph (c) of this subdivision, the\nauthority shall convey, and the counties of Montgomery, Otsego and\nSchoharie shall accept in common ownership, with respect to each such\nlandfill, all of the authority's right title and interest in the\nmoveable fixtures and equipment located at, and attendant to, the\nmonitoring, maintenance and other post-closure activities required at\nsuch landfills by law. The inventory of moveable fixtures and equipment\nreferred to in paragraph (b) of this subdivision shall be the basis for\nsuch transfers, subject to ordinary use by the authority prior to the\ntransfer date.\n  (e) Upon the completion of the property transfers set forth in\nparagraphs (a), (b), (c) and (d) of this subdivision, but in any event\nnot later than October first, two thousand fourteen, all other assets of\nthe authority, including all operating and reserve funds, shall be\ndistributed to the member counties in accordance with the allocation\npercentages specified in the "Post Closure Monitoring and Maintenance\nAgreement", dated December tenth, two thousand nine, entered into\nbetween the Montgomery, Otsego, Schoharie county solid waste management\nauthority and the three counties, provided however, that the board of\ndirectors of the authority shall be authorized to set aside such funds\nas are necessary and proper to settle, pay, and otherwise resolve all\noutstanding accounts, claims, and other liabilities of the authority\nprior to the date of dissolution, and any remainder shall be distributed\nto the member counties pursuant to the allocation established in this\nparagraph; and provided further, that in the event that any funds set\naside by the board of directors to resolve outstanding accounts, claims,\nand other liabilities of the authority are insufficient for such\npurpose, the counties shall be responsible for the payment of any lawful\nobligations, accounts, claims and liabilities of the authority in\naccordance with the allocation percentages specified in the aforesaid\n"Post Closure Monitoring and Maintenance Agreement".\n  (f) Notwithstanding any other provision of law to the contrary, all\ntransfers provided for in this section shall be without regard to\nappraised value, and without other consideration. It is hereby\ndetermined that the transfers of property pursuant to this section are\nfor the benefit of the people of the participating counties and the\nstate and are for a public purpose. The dissolution of the authority as\nprovided in this section and the transfers of property authorized and\ndirected in this section shall be deemed to be ministerial acts of an\nofficial nature, involving no exercise of discretion, within the meaning\nof paragraph (ii) of subdivision five of section 8-0105 of the\nenvironmental conservation law.\n  3. Upon dissolution, the books and records of the authority shall be\ndelivered to the custody of the county of Schoharie, and shall be made\navailable, at reasonable times, to any receiver appointed pursuant to\nthis subdivision and to authorized representatives of the counties of\nMontgomery, Otsego and Schoharie on request, and to other persons in\naccordance with law. The finances and accounts of the authority as of\nthe date of dissolution shall be the subject of a final audit, which\nshall be subject to the review and approval of the authorities budget\noffice, and any accounts payable and receivable, and any claims,\nobligations or other liabilities remaining unsettled or unresolved at\nthe date of dissolution shall be assigned to a receiver to be appointed\nby the authorities budget office. Unless otherwise agreed by the\ncounties and the authorities budget office, such receiver shall be\nselected from a list of qualified persons maintained by the office of\ncourt administration and the compensation and conduct of such receiver\nshall be governed by the rules of the chief judge. Said receiver shall\nbe authorized to pay, collect, settle or resolve all such accounts,\nclaims, obligations and liabilities in accordance with law, and to\ndefend and maintain actions at law with respect thereto in the name of\nthe authority.\n
N.Y. PBA Law § 2045-T — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-T
Pledge by county; contracts with municipalities; powers of municipalities
Status: in_force

§ 2045-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 receiving, transporting, storage, processing or disposal\nof solid waste or for the purchase or use of any materials, energy,\nby-products or residue generated by or resulting from the operation of\nany solid waste management-resource recovery facility. Any such contract\nto which the county and any municipality within the county are parties\nmay include provisions stipulating the maximum rates, rentals, fees and\nother charges to be collected for the use of facilities. Any contract to\nwhich the agency and the county are parties may include provisions (i)\nrequiring the periodic delivery to the facilities of the agency of\nminimum amounts of solid waste and providing for specified minimum\nperiodic payments whether or not such delivery is made, (ii) limiting\nthe right of the agency to receive or to contract to receive, treat and\ndispose of solid waste originating outside the county, or (iii)\nrequiring the county to pay, within appropriations available therefor,\nsuch amounts as shall be necessary to assure the continued operation and\nsolvency of the agency, such payments to be determined and paid in such\nmanner and at such times as may be provided in such contract. To further\nthe governmental and public purposes of the agency including the\nimplementation of any contract or proposed contract contemplated by this\ntitle, the county and all other municipalities within the county shall\nhave power to adopt and amend local laws imposing appropriate and\nreasonable limitations on competition, including, without limiting the\ngenerality of the foregoing, as to the municipalities within the county\nlocal laws requiring that all solid waste generated or originating\nwithin their respective boundaries, subject to such exceptions as may be\ndetermined to be in the public interest, shall be delivered to a\nspecified solid waste management-resource recovery facility; provided,\nhowever, that the county shall not be empowered under this section to\nadopt any such local law requiring the delivery of solid waste to a\nspecified solid waste management-resource recovery facility. Any such\nlocal law shall be adopted in accordance with the procedure provided by\nthe municipal home rule law, except that no such local law shall be\nsubject to either mandatory or permissive referendum.\n  3. The county is hereby authorized to resell or otherwise dispose of\nall or any part of the materials, energy, by-products or residue\npurchased from the agency pursuant to subdivision two of this section.\nAny resale or other disposition may be made in such manner as the county\nmay deem proper and upon such terms and conditions as may be agreed upon\nby the parties thereto.\n  4. The county and all other municipalities within the county shall\nhave power to perform such other acts, to enter into such other\ncontracts, including contracts between or among themselves, execute such\ninstruments and to undertake such future proceedings as shall be\ndetermined necessary or desirable to effectuate the purposes of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe agency.\n  5. Any contract entered into by a municipality pursuant to this\nsection may be for such term or duration, not to exceed twenty-five\nyears, as may be agreed upon by the parties thereto, except that any\ncontract relating to or affecting the security of any project financed\nin whole or in part by the agency may provide that the same shall remain\nin full force and effect so long as the bonds issued for such project\nshall remain outstanding or until adequate provision has been made for\nthe payment or satisfaction thereof.\n  6. Any contract entered into pursuant to this section to which the\nagency shall be a party may be pledged by the agency as security for any\nissue of bonds, and may be assigned, in whole or in part, by the agency\nto any public corporation or person which shall construct, purchase,\nlease or otherwise acquire any solid waste management-resource recovery\nfacility, or part thereof, financed in whole or in part by the agency.\n
N.Y. PBA Law § 2052-L — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-L
Interest in contracts prohibited
Status: in_force

§ 2052-l. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the board or any officer, agent, servant or employee\nof the authority to be in any way or manner interested, directly or\nindirectly, in the furnishing of work, materials, supplies or labor or\nin any contract therefor which the authority is empowered by this title\nto make.\n
N.Y. PBA Law § 2051-E — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-E
Powers of the authority
Status: in_force

§ 2051-e. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same;\n  3. To acquire in the name of the authority, hold, sell, lease,\nmortgage or otherwise dispose of property, real, personal or mixed, or\nany interest therein, without limitation, for its corporate purposes;\n  4. To condemn, in the name of the authority pursuant to the eminent\ndomain procedure law, any real property within the county and required\nby the authority to carry out the powers granted by this title.\n  5. To collect, receive, transport, process, dispose of, sell, store,\nconvey, recycle and deal with, in any lawful manner and way, solid waste\nand any products or by-products thereof now or hereafter developed or\ndiscovered, including any energy generated by the operation of any solid\nwaste management facility. Any such disposal or sale may be effected on\nsuch terms and in such manner as the authority may deem proper;\n  6. To plan, develop and construct projects and to pay the cost thereof\nand to have the right to contract in relation thereto with\nmunicipalities or persons within or without the county and to own and\noperate, maintain, repair, improve, reconstruct, enlarge and extend,\nsubject to the provisions of this title, any of its projects acquired or\nconstructed under this title, and to sell, lease, mortgage or otherwise\ndispose of any project or part thereof to any person or public\ncorporation, subject to such conditions and limitations as the authority\nmay determine to be in the public interest;\n  7. To assist in the planning, development and construction of and the\nfinancing of the cost of any solid waste management facility to be\nlocated in the county whether or not such solid waste management\nfacility is to be owned or operated by the authority, which assistance\nmay include loans to any person or public corporation. Any such solid\nwaste facility producing either electricity or shaft horsepower and\nuseful thermal energy shall constitute a co-generation facility as\ndefined in subdivision two-a of section two of the public service law;\n  8. To collect, receive from the United States, the state, the county,\nany other municipality or public corporation or person solid waste for\nthe purpose of treatment or disposal thereof, with the right of the\nauthority to sell and dispose of any products or by-products (including\nenergy) of such process of treatment or disposal, as the authority may\ndeem proper;\n  9. To contract with the 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 municipalities, state agencies,\npublic corporations or persons for the delivery of all solid waste\ngenerated within a stated area to a specific solid waste management\nfacility;\n  10. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of any project or other property of the authority, which by-laws and\nall amendments thereto, duly certified by the secretary of the\nauthority, shall be filed in the office of the authority and in the\noffice of the clerk of the county, and to provide for the enforcement of\nsuch by-laws by legal or equitable proceedings which are or may be\nprovided or authorized by law. In addition, the county legislature shall\nhave power to prescribe that violations of specific by-laws of the\nauthority shall constitute offenses or infractions and provide for the\npunishment of violations thereof by civil and criminal penalties;\n  11. With the consent of the chairman of the county legislature, to use\nofficers or employees of the county and to pay a proper portion of the\ncompensation or costs for the services for such officers or employees;\n  12. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable;\n  13. To enter on any lands, waterways or premises for the purpose of\nmaking surveys, soundings and examinations, any liability for which\nshall not exceed actual damages;\n  14. To borrow money and to issue bonds and to fund or refund the same,\nand to provide for the rights of the holders thereof;\n  15. To fix and collect rates, rentals, fees and other charges for the\nuse of the facilities of, or services rendered by, or any commodities\nfurnished by, the authority so as to provide revenues sufficient at all\ntimes to pay, as the same shall become due, the principal and interest\non the bonds of the authority, together with the maintenance of proper\nreserves therefor, in addition to paying, as the same shall become due,\nthe expenses of operating and maintaining the properties of the\nauthority, together with proper reserves for debt service, depreciation,\nmaintenance and contingencies and all other obligations and indebtedness\nof the authority;\n  16. To accept gifts, grants, loans or contributions from the United\nStates, the state or any agency or instrumentality of either of them, or\nany municipality or from any person or public corporation, by bequest or\notherwise, and to expend the proceeds for any corporate purposes of the\nauthority;\n  17. To act as an agency, as such term is used in section two hundred\nfifty-one of the county law; and\n  18. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n
N.Y. PBA Law § 2046-F — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-F
Powers
Status: in_force

§ 2046-f. Powers. The agency shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold or lease, in the name of the agency or to sell,\nmortgage, lease, or otherwise dispose of property, real, personal,\nmixed, or any interest therein, without limitation for its corporate\npurposes,  provided that the agency may not acquire any real property\nwithout the town except with the consent of the town board of the town\nin which such property is located or, if located within the boundaries\nof a village, with the consent of the board of trustees of such village;\n  4. To receive, collect, transport, process, dispose of, sell, store,\nconvey, recycle and deal with, in any lawful manner and way, solid waste\nand any by-products thereof now or hereafter developed or discovered,\nincluding energy generated by the operation of any facility;\n  5. To condemn with consent of town board and the supervisor in the\nname of the agency, pursuant to the eminent domain procedure law, any\nreal property within the town required by the agency to carry out the\npowers granted by this title;\n  6. To plan, construct and develop projects and to have the right to\ncontract in relation thereto with the town and with other municipalities\nor persons within or without the town and to own, acquire and purchase\nreal property in connection therewith and to own and operate, maintain,\nrepair, improve, reconstruct, enlarge and extend, subject to the\nprovisions of this title, any of its properties acquired or constructed\nunder this title, and to sell, lease, mortgage or otherwise dispose of\nany project or part thereof to any persons or municipality, subject to\nsuch conditions and limitations as the agency may determine to be in the\npublic interest;\n  7. To assist in the planning, construction and development of and the\nfinancing of the cost of any solid waste management-resource recovery\nfacility to be located in the town whether or not such facility is to be\nowned or operated by the agency, which assistance may include loans to\nany person or public corporation. Any such solid waste\nmanagement-resource recovery facility producing either electricity or\nshaft horsepower and useful thermal energy shall constitute a\nco-generation facility as defined in subdivision two-a of section two of\nthe public service law;\n  8. To receive from the United States, the state, the town, any other\nmunicipality or public corporation or person, or from such other sources\nas the agency may deem proper, solid waste for the purpose of treatment\nor disposal thereof, with the right of the agency to sell and dispose of\nany products or by-products of such process of treatment or disposal, as\nthe agency may deem proper;\n  9. To contract with the town, other municipalities, state agencies or\nauthorities, or persons for the purpose of receiving, treating and\ndisposing of solid waste by the agency;\n  10. To adopt by-laws for the management and regulation of its affairs,\nsubject to agreements with bondholders and noteholders, rules for the\nreceiving and disposing of solid waste and charges therefor. A copy of\nsuch rules and by-laws, and all amendments thereto, duly certified by\nthe secretary of the agency shall be filed in the office of the agency;\n  11. To use officers or employees of the town, subject to the payment\nto the town by the agency of a proper portion of the compensation or\ncosts for the services of such officers or employees;\n  12. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable;\n  13. To enter with consent of the town supervisor on any lands,\nwaterways and premises for the purpose of making surveys, soundings and\nexaminations, and liability therefor shall not exceed actual damages;\n  14. 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 bonds or notes;\n  15. To fix and collect rates, rentals, fees and other charges for the\nuse of the facilities of, or services rendered by, or any commodities\nfurnished by the agency so as to provide revenues sufficient at all\ntimes to pay, as the same shall become due, the principal and interest\non the bonds, notes or other obligations of the agency together with the\nmaintenance of proper reserves therefor, in addition to paying, as the\nsame shall become due, the expenses of operating and maintaining the\nproperties of the agency, together with proper reserves for debt\nservice, depreciation, maintenance and contingencies and all other\nobligations and indebtedness of the agency;\n  16. To accept grants, loans or contributions from the United States,\nthe state or any agency or instrumentality of either of them, or any\nmunicipality or individual, by bequest or otherwise, and to expend the\nproceeds for any purposes of the agency, providing however, that any\nresource recovery facility or project constructed with state assistance\nshall be designed and constructed using proven technology acceptable to\nthe commissioner of environmental conservation;\n  17. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n
N.Y. PBA Law § 2049-C — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-C
Town of North Hempstead solid waste management authority
Status: in_force

§ 2049-c. Town of North Hempstead solid waste management authority. 1.\nA corporation known as the Town of North Hempstead 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 and a public authority. Its membership shall\nconsist of a board of seven directors comprised, ex-officio, of the\nmembers of the town board.\n  2. The members of the authority shall receive no compensation for\ntheir services, whether as members or officers of the authority, but\nshall be reimbursed for all of their actual and necessary expenses\nincurred in connection with the carrying out of the purposes of this\ntitle. The powers of the authority shall be vested in and be exercised\nby the governing body at a meeting duly called and held where a quorum\nof four members are present. No action shall be taken except by the\nfavorable vote of at least four members. The officers of the authority,\nin addition to the chairman, shall consist of a vice-chairman and a\ntreasurer who shall be members of the authority, and a secretary, who\nneed not be a member of the authority. The officers of the authority\nother than the chairman shall be selected by the members of the\nauthority, and such officers shall serve in such capacities at the\npleasure of the authority. In addition to the position of secretary, the\nauthority may appoint and at pleasure remove an executive director,\nattorney and engineer, which positions shall be in the exempt class of\nthe civil service, and such additional officers and employees as it may\ndeem necessary, and may determine and fix their qualifications, duties\nand compensation, without regard to whether they are or shall also be\nemployees or agents of the town and are or shall be being compensated as\nsuch, subject to the provisions of the civil service law. The authority\nmay delegate to one or more of its members, officers, agents or\nemployees any such powers as it may deem proper. The authority may also\ncontract for expert professional services. The treasurer shall execute a\nbond conditioned on the faithful performance of the duties of his or her\noffice, the amount of sufficiency of which shall be approved by the\ngoverning body and the premium for which shall be paid by the authority.\n  3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality or any public benefit\ncorporation shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as a member, officer, agent\nor employee be deemed incompatible or in conflict with such office,\nmembership or employment.\n  4. (a) The town shall file on or before March thirty-first of the year\nfollowing the year in which this title shall have become a law, in the\noffice of the secretary of state, a certificate signed by the town\nsupervisor setting forth: (1) the name of the authority; (2) the names\nof the members; and (3) the effective date of this title.\n  (b) The authority shall be perpetual in duration, except that if the\ncertificate referred to in paragraph (a) of this subdivision is not\nfiled with the secretary of state on or before the date specified in\nsuch paragraph, then the corporate existence of the authority shall\nthereupon terminate and it shall be deemed to be and shall be dissolved,\nand except, further, that the authority and its corporate existence may\nbe terminated by law or by resolution of the town board, provided,\nhowever, that no such termination shall take effect so long as the\nauthority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon any termination of the existence of the authority, all of\nthe rights and properties of the authority then remaining shall pass to\nand vest in the town. In connection with any such termination pursuant\nto a resolution of the town board, the town supervisor shall, within\nthirty days of the effective date of such termination, file in the\noffice of the secretary of state a certificate setting forth the name of\nthe authority and the effective date of the termination.\n
N.Y. PBA Law § 2046-T — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-T
Agreements with the town
Status: in_force

§ 2046-t. Agreements with the town. 1. The town is hereby authorized\nto pledge to and agree with the holders of the bonds and notes that:\n  (a) The town will not limit or alter the rights hereby vested in the\nagency to acquire, construct, maintain, reconstruct and operate any\nproject, to establish and collect rates, rents, fees and other charges\nand to fulfill the terms of any agreements made with the holders of the\nbonds and notes, or in any way impair the rights and remedies of the\nbondholders or noteholders, until the bonds or notes, together with\ninterest thereon, with interest on any unpaid installments of interest,\nand all costs and expenses in connection with any action or proceeding\nby or on behalf of the bondholders or noteholders, are fully met and\ndischarged; and\n  (b) Subject to such exceptions and limitations as may be deemed in the\npublic interest, no facilities except those acquired, constructed and\noperated by the agency will be acquired, constructed or operated by the\ntown, or by any public benefit or other corporation the members or the\nmajority of which are appointed by the town board, until all bonds and\nnotes, together with interest thereon, 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 or\nnoteholders are fully met and discharged.\n  2. The town is hereby authorized from time to time to contract with\nthe agency in relation to the receiving, transporting, storage,\nprocessing or disposal of solid waste or for the purchase or use of\nmaterials, energy, by-products or residue generated by or resulting from\nthe operation of any solid waste management-resource recovery facility.\nSuch contracts may be for the periods agreed upon by the parties, but\nnot exceeding forty years, and without limiting the generality of the\nforegoing, may include provisions requiring (i) the periodic delivery of\nminimum amounts of solid waste and specified minimum periodic payments\nwhether or not such delivery is made, and (ii) the payment, within\nappropriations available therefor, of such amounts as shall be necessary\nto assure the continued operation and solvency of the agency, such\npayments to be determined and paid in such manner and at such times as\nmay be provided in such contracts.\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 town and all other municipalities within\nthe town are hereby authorized and empowered to adopt and amend local\nlaws imposing appropriate and reasonable limitations on competition\nwithin the town, including the areas within any incorporated villages in\nthe town, with respect to collecting, receiving, transporting,\ndelivering, storing, processing, and disposing of solid waste or the\nrecovery by any means of any material or energy product or resource\ntherefrom, including, without limiting the generality of the foregoing,\nlocal laws requiring that all solid waste generated, originated or\nbrought within their respective boundaries, subject to such exceptions\nas may be determined to be in the public interest, shall be delivered to\na specified solid waste management-resource recovery facility; provided,\nhowever, that any such local law enacted by the town shall take\nprecedence over and shall supersede any inconsistent provisions of any\nsuch local law enacted by a municipality within the town. Any such local\nlaw shall be adopted in accordance with the procedure provided by the\nmunicipal home rule law, except that no such local law shall be subject\nto either mandatory or permissive referendum.\n
N.Y. PBA Law § 2049-B — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-B
Definitions
Status: in_force

§ 2049-b. Definitions. As used in this title, unless a different\nmeaning clearly appears from the context:\n  1. "Authority" shall mean the public benefit corporation created by\nsection two thousand forty-nine-c of this title, known as the town of\nNorth Hempstead 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\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 preliminary or incidental\nthereto.\n  4. "Cost", as applied to any project, shall mean and include the cost\nof planning and design, construction, the cost of the acquisition of all\nproperty, including real property and other property, both real and\npersonal and improved and unimproved, the cost of demolishing, removing\nor relocating any buildings or structures on lands so acquired,\nincluding the cost of acquiring any lands to which such buildings or\nstructures may be moved or relocated, the cost of all systems,\nfacilities, machinery, apparatus and equipment, financing charges,\ninterest prior to, during and after construction to the extent not paid\nor provided for from revenues or other sources, the cost of engineering\nand architectural surveys, plans and specifications, the cost of\nconsultant and legal services, the cost of lease guarantee or bond\ninsurance and the cost of other expenses necessary or incidental to the\nconstruction of such project and the financing of the construction\nthereof, including the amount authorized in the resolution of the\nauthority 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 town or any municipality or 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. "Governing body" shall mean the members of the authority\nconstituting and acting as the governing body of the authority.\n  6. "Municipality" shall mean any county, city, town, village, refuse\ndistrict under the county law, improvement district under the town law,\nany other such instrumentality, including any agency or public\ncorporation of the state, any such instrumentality created under the\nNassau county civil divisions act, or any of the foregoing, or any\ncombination thereof.\n  7. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n  8. "Project" shall mean any solid waste management-resource recovery\nfacility of which, or any portion of which, the planning, development,\nfinancing, construction, operation or maintenance is authorized to be\nundertaken in whole or in part by the authority pursuant to this title.\n  9. "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  10. "Resource recovery" shall mean the separation, extraction or\nrecovery of usable materials, energy or heat from solid waste through\nsource separation, incineration, recycling centers or other programs,\nprojects or facilities.\n  11. "Revenues" shall mean all rates, fees, rents, charges and other\nincome derived by the authority from its operations.\n  12. "Solid waste" shall mean all putrescible and non-putrescible solid\nwastes, including, but not limited to, materials or substances discarded\nor rejected, whether as being spent, useless, worthless or in excess to\nthe owners at the time of such discard or rejection or for any other\nreason, is being accumulated, stored, or physically, chemically or\nbiologically treated prior to being discarded, has served its intended\nuse, or is a manufacturing or mining by-product, including, but not\nlimited to, garbage, refuse, and other discarded solid materials,\nincluding solid waste materials resulting from industrial, commercial,\nmining and agricultural operations and from community activities,\nsludges from air or water pollution control facilities or water supply\ntreatment 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, and waste which appears on the list of hazardous waste\npromulgated by the commissioner of environmental conservation pursuant\nto section 27-0903 of the environmental conservation law.\n  13. "Solid waste management-resource recovery facility" or "facility"\nshall mean any facility, plant, works, system, building, structure,\nimprovement, machinery, equipment, fixture or other real or personal\nproperty which is to be used, occupied or employed for or is incidental\nto the collecting, receiving, transporting, storage, processing, or\ndisposal of solid waste or the recovery by any means of any material or\nenergy product or resource therefrom including, but not limited to,\nrecycling centers, transfer stations, shredding or baling facilities,\nrail haul or maritime facilities, collection vehicles, processing\nsystems, resource recovery facilities, steam and electric generating and\ntransmission facilities, including auxiliary facilities to supplement or\ntemporarily replace such generating facilities, steam distribution\nfacilities, sanitary landfills, leachate treatment facilities, plants\nand facilities for compacting, composting or pyrolization of solid\nwastes, secure land burial facilities, landspreading facilities, surface\nimpoundments and waste oil storage, reprocessing and rerefining\nfacilities, incinerators and other solid waste disposal, reduction or\nconversion facilities, and "resource recovery equipment" and "disposal\nequipment" as such terms are defined in subdivisions four and five of\nsection 51-0903 of the environmental conservation law. Any such 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  14. "Source separation" shall mean the segregation of recyclable\nmaterials from the solid waste stream at the point of generation for\nseparate collection, sale or other disposition.\n  15. "State" shall mean the state of New York.\n  16. "Town" shall mean the town of North Hempstead.\n
N.Y. PBA Law § 2050-Z — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-Z
Effect of inconsistent provisions
Status: in_force

§ 2050-z. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of the county charter or any local\nlaw, ordinance or resolution of the county or any other municipality,\nthe provisions of this title shall be controlling. Nothing contained in\nthis section shall be held to supplement or otherwise expand the powers\nor duties of the agency otherwise set forth in this title. Nothing\ncontained in this title shall be held to alter or abridge the powers and\nduties of the department of environmental conservation and the\ndepartment of health.\n
N.Y. PBA Law § 2049-P — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-P
Actions against authority
Status: in_force

§ 2049-p. Actions against authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any member, officer,\nagent or employee thereof, unless (a) a notice of claim shall have been\nmade and served upon the authority within the time limit by and in\ncompliance with section fifty-e of the general municipal law or (b) it\nshall appear by and as an allegation in the complaint or moving papers\nthat at least thirty days have elapsed since the service of such notice\nand that adjustment or payment thereof has been neglected or refused and\n(c) the action or special proceeding shall be commenced within one year\nand ninety days after the happening of the event upon which the claim is\nbased. An action against the authority for wrongful death shall be\ncommenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n  2. Whenever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is made\nin accordance with the provisions of section fifty-h of the general\nmunicipal law.\n  3. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n
N.Y. PBA Law § 2047-U — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-U
Solid waste facility reserve fund
Status: in_force

§ 2047-u. Solid waste facility reserve fund. The county legislature\nmay establish a special fund, to be known as the solid waste facility\nreserve fund of the county. There shall be credited to such reserve fund\nall amounts paid to the county and specifically designated by the payor\nfor deposit in such reserve fund, together with such county moneys as\nmay be appropriated thereto from time to time. Moneys in such reserve\nfunds may be appropriated only for the purpose of paying amounts due\nfrom the county under the terms of any contract entered into pursuant to\nthis title, 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 subdivision, the management of such reserve fund and the investment\nof moneys therein shall be subject to the provisions of section six-h of\nthe general municipal law.\n
N.Y. PBA Law § 2045-R — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-R
Audit and annual report
Status: in_force

§ 2045-r. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nagency shall be subject to the supervision of the state comptroller.\nThe agency shall annually submit to the governor and state comptroller\nand to the state legislature a detailed report pursuant to the\nprovisions of section two thousand five hundred of this chapter, and a\ncopy of such report shall be filed with the county executive. The agency\nshall comply with the provisions of sections two thousand five hundred\none, two thousand five hundred two, and two thousand five hundred three\nof title one of article nine of this chapter.\n
N.Y. RSS Law § 410-C — New York Code / Act RSS / Article 8 / Title 13 / Section 410-C
Deduction of dues and insurance premiums from benefits of certain retired members enrolled in the New York state and local police and fir...
Status: in_force

§ 410-c. Deduction of dues and insurance premiums from benefits of\ncertain retired members enrolled in the New York state and local police\nand fire retirement system.  Notwithstanding any other provision of law\nto the contrary, the comptroller is hereby authorized to deduct from the\nretirement allowance of any retired member enrolled in the New York\nstate and local police and fire retirement system an amount of\nmembership dues as the retired member may specify in writing filed with\nthe comptroller for the payment of such employee organization membership\ndues and premiums for employee organizations sponsored group insurance\nplans. Any such written authorization may be withdrawn by such retired\nmember at any time upon filing written notice of such withdrawal with\nthe comptroller. Notwithstanding the foregoing provisions of this\nsection, the employee organization certified, pursuant to article\nfourteen of the civil service law, to represent the collective\nnegotiating unit from which the member retired, shall have exclusive\npayroll deduction of membership dues and premiums for insurance and\nmass-merchandised automobile and homeowners' insurance policies for\nretired members of such collective negotiating unit. Deductions for such\ndues and premiums shall not be authorized for any other employee\norganization or group except by express written approval of such\nappropriate certified employee organization.\n
N.Y. PBA Law § 2050-P — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-P
Contracts
Status: in_force

§ 2050-p. Contracts. All contracts or orders, for work, material or\nsupplies performed or furnished in connection with construction, shall\nbe awarded by the agency pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, shall be\nmade in compliance with the general municipal law. Prior to entering\ninto any contract, the agency shall seek the opinion of the attorney\ngeneral with respect to conformance of such contract with the anti-trust\nlaws, and of the comptroller with respect to conformance to the general\nmunicipal law. The agency may execute any contract within thirty days\nafter such opinions are sought, whether nor not they have been received.\nIn any construction contract, the agency may provide a program for the\npayment of damages for delays and incentive awards in order to encourage\ntimely project completion. An action, suit or proceeding contesting the\nvalidity of a contract awarded pursuant to this section, or the validity\nof the procedures relating to such award, shall be governed by the\nprovisions of subdivision six of section one hundred twenty-w of the\ngeneral municipal law and the term "municipality" as used in such\nsubdivision six shall mean the agency.\n
N.Y. PBA Law § 2050-J — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-J
State, county and municipalities not liable on agency bonds
Status: in_force

§ 2050-j. State, county and municipalities not liable on agency bonds.\nNeither the state, the county nor any other municipality or public\ncorporation shall be liable on the bonds of the agency and such bonds\nshall not be a debt of the state, the county or any other municipality\nor public corporation and such bonds shall contain on the face thereof,\na statement to such effect.\n
N.Y. PBA Law § 2047-F — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-F
Governmental capacity of the agency and municipalities
Status: in_force

§ 2047-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 § 2051-K — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-K
Moneys of the authority
Status: in_force

§ 2051-k. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in interest bearing accounts in a bank\nor banks in the state designated by the governing body. The moneys in\nsuch accounts shall be paid out on check of the treasurer upon\nrequisition by the governing body or of such other person or persons as\nthe governing body may authorize to make such requisitions. All deposits\nof such moneys shall be secured by obligations of the United States, the\nstate or the county of a market value equal at all times to the amount\non deposit and all banks and trust companies are authorized to give such\nsecurity for such deposits. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds, and\nto carry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section. Moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be secured in the same manner as moneys of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. Subject\nto the provisions of any contract with bondholders and with the approval\nof the comptroller, the authority shall prescribe a system of accounts.\n
N.Y. ENV Law § 27-1305 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1305
Reports by the department; registry of sites
Status: in_force

§ 27-1305. Reports by the department; registry of sites.\n  1. The department shall maintain and make available for public\ninspection, either at each of its regional offices and regional\nsub-offices, at the office of the county clerk or register for each\ncounty and at the office of the town clerk for each town in Suffolk and\nNassau counties, or on its website, a registry of inactive hazardous\nwaste disposal sites in such region or, with respect to the office of\nthe county clerk or register, in such county, or with respect to its\nwebsite, the entire state. The department shall provide a written copy\nupon requests by any person. The department shall take all necessary\naction to ensure that the registry provides a complete and up-to-date\nlisting of all such sites within the region. The department shall, on or\nbefore January first, two thousand four, and annually thereafter,\ntransmit the updated registry to the legislature and the governor. A\nnotice of the availability of the updated registry shall be sent to the\ndepartment of health and the chief executive officer of every county.\nUpon identification of an inactive hazardous waste disposal site not\nincluded in the registry for the immediately preceding year, the\ndepartment shall notify in writing the chief executive officer of each\ncounty, city, town and village and the public water supplier which\nservices the area in which such site is located that such site has been\nso identified. For the purposes of this section, "water supplier" shall\nmean any public water system as such term is defined for the purposes of\nthe sanitary code of the state of New York as authorized by section two\nhundred twenty-five of the public health law. Such registry shall\ninclude but need not be limited to those items among the following which\nthe commissioner determines to be necessary:\n  a. A description of the sites consisting of:\n  (i) a general description of the site, which shall include the name,\nif any, of the site, the address of the site, the type and quantity of\nthe hazardous waste disposed of at the site and the name of the current\nowners of the site;\n  (ii) an assessment by the department of any significant environmental\nproblems at and near the site;\n  (iii) an assessment prepared by the department of health of any\nserious health problems in the immediate vicinity of the site and any\nhealth problems deemed by the department of health to be related to\nconditions at the site;\n  (iv) the status of any testing, monitoring or remedial actions in\nprogress or recommended by the department;\n  (v) the status of any pending legal actions and any federal, state or\nlocal government permits or approvals concerning the site; and\n  (vi) an assessment of the relative priority of the need for action at\neach site to remedy environmental and health problems resulting from the\npresence of wastes at such site;\n  b. Address and site boundaries including tax map parcel numbers or\nsection, block and lot numbers, and if the site is located within a\ndisadvantaged community;\n  c. Time period of use for disposal of hazardous waste;\n  d. Name of the current owner and operator and names of any past and\nreported owners and operators during the time period of use for disposal\nof hazardous waste;\n  e. Names of persons responsible for the generation and transportation\nof hazardous waste disposed of;\n  f. Type and quantity of hazardous waste disposed of;\n  g. Manner of disposal of hazardous waste;\n  h. Nature of soils at the site;\n  i. Depth of water table at the site;\n  j. Location, nature and size of aquifers at the site;\n  k. Direction of present and historic groundwater flows at the site;\n  l. Location, nature and size of all surface waters at and near the\nsite;\n  m. Levels of contaminants, if any, in groundwater, surface water, air\nand soils at and near the site resulting from hazardous wastes disposed\nof at the site or from any other cause and areas known to be directly\naffected or contaminated by wastes from the site;\n  n. As determined by the department of health, current quality of all\ndrinking water drawn from or distributed through the area in which the\nsite is located when the department of health determines that water\nquality may have been affected by the site in question and any known\nchange in the quality of such drinking water over time;\n  o. Proximity of the site to private residences, public buildings or\nproperty, school, daycare, medical, or senior care facilities, places of\nwork or other areas where individuals may be present, or location within\na disadvantaged community; and\n  p. The name, address and telephone number of the public water supplier\nwhich services the area in which such site is located.\n  2. a. The department shall conduct investigations of the sites listed\nin the registry and shall investigate areas or sites which it has reason\nto believe should be included in the registry. The purpose of these\ninvestigations shall be to develop the information required by\nsubdivision one of this section to be included in the registry.\n  b. (1) Assessment and classification. The department shall, as part of\nthe registry, assess and, based upon new information received, reassess\nby March thirty-first of each year, in cooperation with the department\nof health, the relative need for action at each site to remedy\nenvironmental and health problems resulting from the presence of\nhazardous wastes at such sites including in such assessment whether\nsites shall be prioritized under subdivision five of this section due to\nsite location in an area identified as a disadvantaged community;\nprovided, however, that if at the time of such assessment or\nreassessment, the department has not placed a site in classification 1\nor 2, as described in clauses (i) and (ii) of this subparagraph, and\nsuch site is the subject of negotiations for, or implementation of, a\nbrownfield site cleanup agreement pursuant to title fourteen of this\narticle, obligating the person subject to such agreement to, at a\nminimum, eliminate or mitigate all significant threats to the public\nhealth and environment posed by the hazardous waste pursuant to such\nagreement, the department shall defer its assessment or reassessment\nduring the period such person is engaged in good faith negotiations to\nenter into such an agreement and, following its execution, is in\ncompliance with the terms of such agreement, and shall assess or\nreassess such site upon completion of remediation to the department's\nsatisfaction. In making its assessments, the department shall place\nevery site in one of the following classifications:\n  (i) Causing or presenting an imminent danger of causing irreversible\nor irreparable damage to the public health or environment--immediate\naction required;\n  (ii) Significant threat to the public health or environment--action\nrequired;\n  (iii) Does not present a significant threat to the public health or\nenvironment--action may be deferred;\n  (iv) Site properly closed--requires continued management;\n  (v) Site properly closed, no evidence of present or potential adverse\nimpact--no further action required.\n  (2) Prioritization. The department shall, in accordance with\nsubdivision five of this section, prioritize remedial programs at sites\nplaced in classification 1 or 2, as described in clauses (i) and (ii) of\nsubparagraph one of this paragraph, that are located in disadvantaged\ncommunities, consistent with the protection of public health and the\nenvironment.\n  c. (1) Any owner or operator of a site listed pursuant to this section\nmay petition the commissioner for deletion of such site, modification of\nthe site classification, or modification of any information regarding\nsuch site by submitting a written statement in such form as the\ncommissioner may require setting forth the grounds of the petition.\n  (2) Within ninety days after the submittal of such petition, the\ncommissioner may convene an administrative hearing to determine whether\na particular site should be deleted from the registry, receive a\nmodified site classification or whether any information regarding the\nsite should be modified. In any such hearing the burden of proof shall\nbe on the petitioner. No less than thirty days prior to the hearing the\ncommissioner shall cause a notice of hearing to be published in the next\navailable environmental notice bulletin, on the department's website,\nand in a newspaper of general circulation in the county in which the\nsite is located. The commissioner shall also notify in writing any owner\nor operator of the site, as well as the owners of record of adjacent\nproperties, no less than thirty days prior to the hearing. The cost of\nany such hearing, including the cost of any public notification, shall\nbe at the petitioner's expense.\n  (3) No later than thirty days following receipt of the complete record\nas that term is defined in the state administrative procedure act, or\nfollowing the decision not to hold a hearing the commissioner shall\nprovide the owner or operator with a written determination accompanied\nby reason therefor regarding the deletion of such site, modification of\nthe site classification or modification of any information regarding\nsuch site. Any final decision rendered by the commissioner shall be\nreviewable under article seventy-eight of the civil practice law and\nrules.\n  (4) The commissioner may not delete any site from the registry without\nproviding public notice no less than sixty days prior to the proposed\ndeletion. Such notice of deletion shall be published in the next\navailable environmental notice bulletin, on the department's website,\nand in a newspaper of general circulation in the county in which the\nsite is located. The commissioner shall also notify in writing any owner\nor operator of the site, if applicable, no less than sixty days prior to\nthe proposed deletion. The commissioner shall provide a thirty-day\nperiod for submission of written comments and an opportunity for\nsubmission of oral comments at a public meeting at or near the site. The\ncommissioner shall summarize any comments received and make the summary\navailable to the public on the department's website. The commissioner\nmay convene an administrative hearing to determine whether a particular\nsite should be deleted from the registry, receive a modified site\nclassification or whether any information regarding the site should be\nmodified.\n  (5) The department shall notify, as soon as possible and within\navailable resources all public repositories of the registry, including\nupdating its website, of any modifications or deletions to such\nregistry. The department shall also note any such deletions or\nmodifications in the next annual report and publication of the registry.\n  (6) The department shall, within ten days of any determination notify\nthe local governments of jurisdiction whenever a change is made in the\nregistry pursuant to this subdivision.\n  d. (1) Within seven months after the effective date of this\nsubdivision the department shall notify by certified mail the owner of\nall or any part of each site or area included in the registry, of the\ninclusion of the site or area by mailing notice to such owner at the\nowner's last known address. Thereafter, fifteen days before any site or\narea is added to the registry, the department shall notify in writing by\ncertified mail the owner of all or any part of such site or area of the\ninclusion of such site or area by mailing notice to each such owner at\nthe owner's last known address.\n  (2) Notice pursuant to paragraph a of this subdivision shall include\nbut not be limited to a description of the duties and restrictions\nimposed by section 27-1317 of this title and by section one thousand\nthree hundred eighty-nine-d of the public health law.\n  (3) Non-receipt of any notice mailed to an owner pursuant to this\nsubdivision shall in no way affect the responsibilities, duties or\nliabilities imposed on any person by this title or title XII-A of\narticle thirteen of the public health law.\n  e. The department shall, in consultation with the department of\nhealth, evaluate existing site evaluation systems and shall develop a\nsystem to select and prioritize sites for remedial action. Such system\nshall incorporate environmental, natural resource and public health\nconcerns, and a site's location within a disadvantaged community.\n  f. The department shall develop a site status reporting system and\nutilize such system to ensure that the registry required by subdivision\none of this section provides a complete and up-to-date listing of all\nsites in each region.\n  3. The department shall, as soon as possible but in no event later\nthan January first, nineteen hundred eighty-four, and annually\nthereafter prepare and submit in writing a "state inactive hazardous\nwaste remedial plan," hereinafter referred to as "the plan" to the state\nsuperfund management board. Such board shall then approve of the plan or\nmake such modification as it is empowered to do pursuant to section\n27-1319 of this chapter and submit the approved plan or modified plan,\nto the governor and the legislature on or before March first, nineteen\nhundred eighty-four and annually thereafter. In preparing, compiling and\nupdating the plan, the department shall:\n  a. Conduct or cause to be conducted field investigations of high\npriority sites listed in the inactive hazardous waste disposal sites\nregistry for the purpose of further defining necessary remedial action.\nTo the maximum extent practicable, the department shall utilize existing\ninformation including, but not limited to, subsurface borings and any\nanalyses or tests of samples taken from such sites by owners or\noperators, other responsible persons and any federal or non-federal\nagencies.\n  b. Make any subsurface borings and any analyses or tests of samples\ntaken as may be necessary or desirable to effectuate the field\ninvestigations of sites as required under this section subject to the\nrequirements of this title.\n  c. Make any record searches or document reviews as may be necessary or\ndesirable to effectuate the purposes of this section subject to the\nrequirements of this title.\n  d. Consider the effects on the health, environment and economy of the\nstate when assessing the relative priority of sites as required by this\nsection, especially any actual or significant threat of direct human\ncontact or contamination of groundwater or drinking water.\n  e. Detail the recommended strategy, methods and time frame by which\nremedial action at sites shall be carried out, except that no\ninformation or work product associated with actual or pending litigation\nshall be divulged unless otherwise required by law.\n  f. Estimate, with reasonable specificity, based upon the field\ninvestigations, assessments, analyses, document reviews and other\nappropriate data gathering, the costs of remedial action for sites\nincluded in the plan, considering the appropriate methods and techniques\nas currently exist in the field of hazardous waste management and any\nsuch estimates or recommendations shall reflect such costs as are\nreasonably necessary to contain, alleviate or end the threat to life or\nhealth or to the environment.\n  4. On or before July first, nineteen hundred eighty-six and July first\nof each succeeding year, the department shall prepare a status report on\nthe implementation of the plan, and an update of the policies, program\nobjectives, methods and strategies as outlined in the plan which guide\nthe overall inactive hazardous waste site remediation program. Such\nstatus report shall reflect information available to the department as\nof March thirty-first of each year, and shall include an accounting of\nall monies expended or encumbered from the environmental quality bond\nact of nineteen hundred eighty-six or the hazardous waste remedial fund\nduring the preceding fiscal year, such accounting to separately list:\n  a. monies expended or encumbered for the purpose of conducting site\ninvestigations;\n  b. monies expended or encumbered for the purpose of conducting\nremedial investigations and feasibility studies;\n  c. monies expended or encumbered for the purpose of conducting\nremedial design studies;\n  d. monies expended or encumbered for the purpose of conducting\nremedial construction activities;\n  e. monies expended or encumbered for operation, maintenance, and\nmonitoring activities;\n  f. monies expended or encumbered for interim remedial measures;\n  g. monies expended or encumbered for administrative personnel costs\nassociated with activities conducted at inactive hazardous waste\ndisposal sites;\n  h. monies expended or encumbered for oversight activities at inactive\nhazardous waste disposal sites;\n  i. monies expended or encumbered in stand-by contracts entered into\npursuant to section 3-0309 of this chapter and the purposes for which\nthese stand-by contracts were entered into; and\n  j. an accounting of payments received and payments obligated to be\nreceived pursuant to this title, and a report of the department's\nattempts to secure such obligations.\n  5. Site cleanup prioritization. The department shall, no later than\nJanuary first, two thousand twenty-six, submit to the governor and\nlegislature and publish on its website site cleanup prioritization\ncriteria. The department shall review and update criteria as necessary.\nThe department shall describe the criteria and processes it uses to\ndetermine the relative prioritization of sites, and an explanation of\nthe rationale of such criteria and processes. In preparing and updating\nsuch criteria, the department shall consider the effects on the health,\nenvironment and economy of the state, with particular consideration for\nthe effects on disadvantaged communities.\n  6. Status report. The department no later than December thirty-first\nof each year, shall, using the information available to it, submit to\nthe governor and legislature, and make public on the department's\nwebsite an inactive hazardous waste remedial program status report for\nthe previous fiscal year. Such report shall include a status update of\nall registered sites and an accounting of all monies expended or\nencumbered from the environmental quality bond act of nineteen hundred\neighty-six, the hazardous waste remedial fund, the department's natural\nresource damages fund, or any other monies otherwise appropriated for\nthe implementation of this title, during the preceding fiscal year, such\naccounting to separately list:\n  (i) monies expended or encumbered for the purpose of conducting site\ninvestigations;\n  (ii) monies expended or encumbered for the purpose of conducting\nremedial investigations and feasibility studies;\n  (iii) monies expended or encumbered for the purpose of conducting\nremedial design studies;\n  (iv) monies expended or encumbered for the purpose of conducting\nremedial construction activities;\n  (v) monies expended or encumbered for operation, maintenance, and\nmonitoring activities;\n  (vi) monies expended or encumbered for interim remedial measures;\n  (vii) monies expended or encumbered for oversight activities,\nincluding personnel and contractor costs, at inactive hazardous waste\ndisposal sites;\n  (viii) monies expended or encumbered in stand-by contracts entered\ninto pursuant to section 3-0309 of this chapter and the purposes for\nwhich these stand-by contracts were entered into;\n  (ix) an accounting of payments received and payments obligated to be\nreceived pursuant to this title, and a report of the department's\nattempts to secure such obligations; and\n  (x) an accounting of all response costs recovered statewide and\nnatural resource damages recovered at each site, including through\nsettlement or agreement, commissioner order, judicial determination and\naward, a required instrument of financial responsibility, or an\nenvironmental lien.\n
N.Y. ENV Law § 23-1305 — New York Code / Act ENV / Article 23 / Title 13 / Section 23-1305
Procedure for abandoning storage reservoir
Status: in_force

§ 23-1305. Procedure for abandoning storage reservoir.\n  In connection with the abondonment of any underground storage\nreservoir for which a permit has been granted pursuant to this article\nor in connection with the revocation of any such permit, the department\nshall require the premises to be placed in a condition which, to the\nextent practicable, shall assure the continuance of the same in a\ncondition which does not constitute a menace to the present or future\nhealth or safety of persons, or safety or value of property. In case the\noperator shall fail to put the premises in a satisfactory condition\nprior to any such abondonment or immediately upon revocation of a\npermit, the department may do or cause to be done all things necessary\nto place the premises in satisfactory condition and the operator shall\nbe liable for the cost.\n
N.Y. PBA Law § 2047-C — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-C
Dutchess County Resource Recovery Agency
Status: in_force

§ 2047-c. Dutchess County Resource Recovery Agency. 1. A corporation\nknown as the Dutchess 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\nseven members, three of whom shall be appointed by the county executive,\nwithout confirmation of the county legislature, three of whom shall be\nappointed by the chairman of the county legislature subject to\nconfirmation by the county legislature but without executive right to\nveto, and one of whom shall be jointly appointed by the county executive\nand the chairman of the county legislature, subject to confirmation by\nthe county legislature. Subsequent appointment of members shall be made\nfor a term of three years ending in each case on December thirty-first\nof the last year of such term. No person who has served as a member for\ntwo consecutive three year terms shall be eligible for reappointment as\na member for a third term, except after an interval of at least three\nyears. All members shall continue to hold office until their successors\nare appointed and qualify. Vacancies shall be filled in the manner\nprovided for original appointment. Vacancies, occurring otherwise than\nby expiration of term of office, shall be filled for the unexpired\nterms. Members may be removed from office for the same reasons and in\nthe same manner as may be provided by law for the removal of officers of\nthe county. The members of the agency shall receive no compensation for\ntheir services but shall be reimbursed for all their actual and\nnecessary expenses incurred in connection with the carrying out of the\npurposes of this title. The powers of the agency shall be vested in and\nbe exercised by the governing body at a meeting duly called and held and\nfour members shall constitute a quorum. No action shall be taken except\npursuant to the favorable vote of at least four members. The governing\nbody may delegate to one or more of its members, officers, agents or\nemployees such powers and duties as it may deem proper.\n  2. The officers of the agency shall consist of a chairman, a\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. In addition to the secretary, the governing body may\nappoint and at pleasure remove such additional officers and employees as\nit may determine necessary for the performance of the powers and duties\nof the agency, which positions shall be in the exempt class of civil\nservice 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 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-three, 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 their terms of office; and (3) the\neffective date of this title. The agency shall be perpetual in duration,\nexcept that if such certificate is not filed with the secretary of state\non or before such date, then the corporate existence of the agency shall\nthereupon terminate and it shall thereupon be deemed to be and shall be\ndissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nagency and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe agency shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the agency, all of the\nrights and properties of the agency then remaining shall pass to and\nvest in the county.\n  5. In addition to any powers granted to it by law, the county\nlegislature from time to time may appropriate by resolution sums of\nmoney to defray project costs or any other costs and expenses of the\nagency. Subject to the rights of bondholders, the county legislature may\ndetermine if the moneys so appropriated shall be subject to repayment by\nthe agency to the county and, in such event, the manner and time or\ntimes for such repayment.\n  6. It is hereby determined and declared, that the agency and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the county and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the agency is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n
N.Y. PBA Law § 2052-I — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-I
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2052-i. Exemption from taxes, assessments and certain fees. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the county and the state and is a public purpose and the\nauthority shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes, special ad valorem levies or special\nassessments upon any property owned by it or under its jurisdiction,\ncontrol or supervision or upon its activities or any filing, recording\nor transfer fees or taxes in relation to instruments filed, recorded or\ntransferred by it or on its behalf.\n
N.Y. ENV Law § 21-1313 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1313
Delegations of power
Status: in_force

§ 21-1313. Delegations of power.\n  No agency or officer of this state or any subdivision thereof shall\naccept or exercise any delegation of power pursuant to section 11.1 of\nthe compact unless, in the absence of the compact, it would have the\nconstitutional or statutory power to exercise such power on its own\naccount.\n
N.Y. PBA Law § 2050-V — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-V
Affirmative action
Status: in_force

§ 2050-v. Affirmative action. 1. Any contracts entered into pursuant\nto this title shall contain the following provisions:\n  (a) The contractor will not discriminate against employees or\napplicants for employment because of race, creed, color, national\norigin, sex, age, disability, or marital status, and will undertake or\ncontinue programs of affirmative action to insure that minority group\npersons and women are afforded equal employment opportunity without\ndiscrimination. Such action shall be taken with reference, but not be\nlimited to recruitment, employment, job assignment, promotion,\nupgrading, demotion, transfer, layoff, termination, rates of pay or\nother forms of compensation, and selections for training or retraining,\nincluding apprenticeship and on-the-job training.\n  (b) At the request of the agency, the contractor shall request each\nemployment agency, labor union, or authorized representative of workers\nwith which he has a collective bargaining or other agreement or\nunderstanding, to furnish a written statement that such employment\nagency, labor union or representative shall not discriminate because of\nrace, creed, color, national origin, sex, age, disability or marital\nstatus and that such union or representative will cooperate in the\nimplementation of the contractor's obligations hereunder.\n  (c) The contractor will state, in all solicitations or advertisements\nfor employees placed by or on behalf of the contractor, in performance\nof the contract that all qualified applicants will be afforded equal\nemployment opportunity without discrimination because of race, creed,\ncolor, national origin, sex, age, disability or marital status.\n  (d) The contractor will include the provisions of paragraphs (a)\nthrough (c) of this subdivision in every subcontract or purchase order\nin such a manner that such provisions will be binding upon each\nsubcontractor or vendor as to its working connection with a contract.\n  2. The agency shall establish procedures and guidelines to ensure that\ncontractors and subcontractors undertake programs of affirmative action\nas required by this section. Such procedures may require, after notice\nin a bid solicitation, the submission of an affirmative action program\nprior to the award of any contract, or at any time thereafter, and may\nrequire the submission of compliance reports relating to the operation\nand implementation of any affirmative action program adopted hereunder.\nSuch procedures and guidelines shall be consistent with the guidelines\npromulgated by the office of federal contract compliance programs of the\nUnited States department of labor pursuant to presidential executive\norder eleven thousand two hundred forty-six, as amended, and any state\nstatutory or regulatory requirements. The agency shall, in the\npromulgation of procedures and guidelines pursuant to this section,\ncooperate with any federal, state or local agency established for the\npurpose of implementing affirmative action compliance programs.\n  3. The agency in awarding contracts for design, construction, services\nor materials, shall seek meaningful participation in the performance of\ncontracts by minority business enterprises and shall establish measures\nand procedures to identify those contracts and items of work for which\nminority business enterprises may best bid to actively and affirmatively\npromote and assist their participation so as to facilitate the award of\na fair share of contracts to such enterprises. For purposes hereof,\n"minority business enterprise" shall mean any business enterprise which\nis at least fifty-one per centum owned by, or in the case of a publicly\nowned business, at least fifty-one per centum of the stock of which is\nowned by citizens or permanent resident noncitizens who are Black,\nHispanic, Asian, American Indian or women, and such ownership interest\nis real, substantial and continuing. The provisions of this subdivision\nshall not be construed to limit the ability of any minority business\nenterprise to bid on any contract.\n  4. In the implementation of subdivisions one and two of this section,\nthe agency shall consider compliance by any contractor with the\nrequirements of any federal, state or local law concerning equal\nemployment opportunity, which may effectuate the requirements of this\nsection. If the agency determines that by virtue of the imposition of\nthe requirements of any such law, in respect to contracts affected by\nthis section, that the provisions thereof duplicate or conflict with\nsuch law, the agency shall waive the applicability of this section to\nthe extent of such duplication or conflict.\n  5. In order to implement the requirements and objectives of this\nsection, the agency shall be responsible for monitoring the contractors'\ncompliance with the provisions hereof, for advising contractors on the\navailability of competing qualified minority business enterprises to\nperform contracts proposed to be awarded and for making recommendations\nto contractors to improve the access of minority business enterprises to\nsuch contracts.\n  6. Nothing in this section shall be construed to impair the ability of\nthe agency to enter into contracts in accordance with the provisions of\nthe general municipal law.\n
N.Y. PBA Law § 2049-EE — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-EE
Powers of the authority
Status: in_force

§ 2049-ee. Powers of the authority. The authority shall have the\npower:\n  1. To sue and be sued.\n  2. To have a seal and alter the same.\n  3. To acquire in the name of the authority, hold, sell, lease,\nmortgage or otherwise dispose of property, real, personal or mixed, or\nany interest therein, without limitation, for its corporate purposes and\nto take by eminent domain, in the name of the authority, pursuant to the\neminent domain procedure law, any real property required to carry out\nits corporate purposes; provided, however, that in the acquisition of\nany real property designated as the site for any facility, the authority\nshall give consideration to the present and any proposed land use\ncharacter of the area in which the site is to be located and zoning laws\nor regulations, if any, otherwise generally applicable to such area.\n  4. To collect, receive, extract, transport, process, dispose of, sell,\nstore, convey, recycle, and deal with, in any lawful manner and way,\nsolid waste generated within the area of operation and any products or\nby-products thereof now or hereafter developed or discovered, including\nany energy generated by the operation of any solid waste\nmanagement-resource recovery facility. Any such disposal or sale may be\neffected on such terms and in such manner as the authority 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 the counties,\nor other municipalities or persons within or without the area of\noperation and to own and operate, maintain, repair, improve,\nreconstruct, renovate, rehabilitate, replace, increase, enlarge, and\nextend, subject to the provisions of this title, any of its projects\nacquired or constructed under this title, and to enter into contracts\nfor any and all such purposes and for the management and operation of a\nproject, and to sell, lease, mortgage or otherwise dispose of any\nproject or part thereof to any person or public corporation,\nmunicipality or the state, subject to such conditions and limitations as\nthe authority may 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 project to be located in the area of\noperation, whether or not such project is to be owned or operated by the\nauthority, which assistance may include loans to any person or public\ncorporation.\n  7. To collect or receive, from the counties, any other municipality\nlocated wholly or partially within the area of operation or public\ncorporation or person, solid waste generated within the area of\noperation for the purpose of treatment or disposal thereof, with the\nright of the authority to sell and dispose of any products or\nby-products (including energy) of such process of treatment or disposal,\nas the authority may deem proper provided, however, that the authority\nmay collect and receive recyclable material regardless of the place of\ngeneration of such recyclable materials.\n  8. To contract with the counties, or other municipalities, state\nagencies, public corporations or persons within or without the area of\noperation, for the purpose of collecting, receiving, treating and\ndisposing of solid waste, including, without limitation, to contract\nwith persons for the delivery of all solid waste generated within a\nstated area to a specific solid waste management-resource recovery\nfacility provided, however, that no solid waste generated outside of the\narea of operation, other than recyclable materials, shall be received,\ncollected, treated, or disposed of by the authority.\n  9. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nuse of any project or other property of the authority, which by-laws and\nall amendments thereto, duly certified by the secretary of the\nauthority, shall be filed in the office of the authority and in the\noffice of the clerk of each of the legislative bodies of the counties,\nand to provide for the enforcement of such by-laws by legal or equitable\nproceedings which are or may be provided or authorized by law. In\naddition, the legislative bodies shall have power to prescribe that\nviolations of specific by-laws of the authority, including, without\nlimitation, any failure to comply with any by-law requiring the payment\nof any fee or other charge by any person in connection with the delivery\nof solid waste to any facility or any other use of any facility by such\nperson, shall constitute offenses or infractions and provide for the\npunishment of violations thereof by civil penalty.\n  10. With the consent of the appropriate legislative body, or the chief\nexecutive officer of the legislative body of any other municipality, to\nuse officers or employees of such county or municipality and to pay a\nproper portion of compensation or costs for the services for such\nofficers or employees.\n  11. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable.\n  12. To enter on any lands, waterways or premises within the area of\noperation for the purpose of making surveys, soundings, and\nexaminations, any liability for which shall not exceed actual damages.\n  13. To borrow money and to issue bonds for any of its corporate\npurposes, to secure the same with its revenues or other funds to fund or\nrefund the same, and to provide for the rights of the holders thereof.\n  14. Subject to any limitations imposed by any contract pursuant to\nsubdivision two of section two thousand forty-nine-tt of this title, to\ndetermine classifications of users, to fix and collect rates, rentals,\nfees and other charges for the use of the facilities of, or services\nrendered by, or any commodities furnished by, the authority, which\nrates, rentals, fees and other charges may be different for each\nclassification of user and may reflect the source and composition of\nsolid waste and provide for fee reductions to the user in proportion to\nwaste generated or to reflect participation in source separation\nprograms, and to contract with the counties or any other municipality or\nperson in respect thereto, so as to provide revenues sufficient at all\ntimes to pay, as the same shall become due, the principal and interest\non the bonds of the authority, together with the maintenance of proper\nreserves therefor, in addition to paying, as the same shall become due,\nthe expenses of operating and maintaining the properties of the\nauthority, together with proper reserves for debt service, depreciation,\nmaintenance and contingencies and all other obligations and indebtedness\nof the authority. No such rates, rentals, fees and other charges for the\nuse of the facilities of, or services rendered by, the authority shall\nbe established, fixed or revised unless the authority shall have held a\npublic hearing at which the users of the facilities of, or services\nrendered by, the authority together with the owners of property served\nor to be served and others interested have had the opportunity to be\nheard concerning the same. Notice of such public hearing shall be\npublished by the authority at least ten days before the date set\ntherefor in at least one newspaper having a general circulation in each\nof the counties. Such notice shall set forth the date, time and place of\nsuch hearing and shall include a brief description of the matters to be\nconsidered at such hearing. A copy of the notice shall be filed in the\noffice of the clerk of each of the counties and shall be available for\ninspection by the public. At any such hearing, any person shall have an\nopportunity to be heard concerning the matters under consideration. Any\ndecision of the authority on matters considered at any such public\nhearing shall be in writing and shall be made available to any such\nperson in the office of the authority during regular office hours. All\nrates, rentals, fees and other charges for the use of the facilities of,\nor services rendered by, the authority shall be a lien upon the real\nproperty upon which, or in connection with which, services were provided\nas and from the first date fixed for payment of such rates, rentals,\nfees and other charges. Any such lien shall take precedence over all\nother liens or encumbrances, except taxes or assessments. The treasurer\nof the authority shall prepare and transmit to the respective\nlegislative body of each county, on or before the first day of December\nin each year, a list of those properties within each respective county\nfor which such services were provided and 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\ninterests 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 each respective county\ntreasurer, who immediately shall pay the same over to the treasurer of\nthe authority. All of the provisions of the tax laws of the state\ncovering enforcement and collection of unpaid taxes or assessments for\nspecial improvements not inconsistent herewith shall apply to the\ncollection of such unpaid rates, rentals, fees and other charges.\n  15. To accept gifts, grants, loans or contributions from the United\nStates, the state or any authority or instrumentality of either of them,\nor any municipality or from any person, by bequest or otherwise, and to\nexpend the proceeds for any corporate purposes of the authority.\n  16. To enter into agreements, in its discretion, to pay annual sums in\nlieu of taxes to the counties or any other municipality, political\nsubdivision or taxing district of the state in respect to any real\nproperty which is owned by the authority and located in such counties,\nmunicipality, political subdivision or taxing district.\n  17. To do all things necessary or convenient to carry out the power\nexpressly given in this title.\n
N.Y. PBA Law § 2051-X — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-X
Effect of inconsistent provisions
Status: in_force

§ 2051-x. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of the county charter or any local\nlaw, ordinance or resolution of the county or any other municipality,\nthe provisions of this title shall be controlling. Nothing contained in\nthis section shall be held to supplement or otherwise expand the powers\nor duties of the authority otherwise set forth in this title. Nothing\ncontained in this title shall be held to alter or abridge the powers and\nduties of the department of environmental conservation or the department\nof health.\n
N.Y. PBH Law § 1389-EE — New York Code / Act PBH / Article 13 / Title 13 / Section 1389-EE
Transfer of regulated medical waste to off-site treatment and disposal facilities
Status: in_force

§ 1389-ee. Transfer of regulated medical waste to off-site treatment\nand disposal facilities.  1. Any generator of regulated medical waste\nshall transfer custody of the waste only to a transporter who is\npermitted as a regulated medical waste transporter by the department of\nenvironmental conservation.\n  2.  Regulated medical waste shall be transported to an off-site\ntreatment or disposal facility in a leakproof, fully enclosed container\nor vehicle compartment.\n  3.  Regulated medical waste shall not be transported in the same\nvehicle with other waste unless the regulated medical waste is\nseparately contained in rigid reusable containers or kept separate by\nbarriers from other waste, or unless all of the waste is to be treated\nor disposed of as regulated medical waste in accordance with the\nrequirements of this title.\n
N.Y. PBA Law § 2053-N — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-N
Bonds and notes as legal investment
Status: in_force

§ 2053-n. Bonds and notes as legal investment. The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, investment companies and other\npersons carrying on a banking business, and administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever, who are now or may hereafter be authorized to invest in\nbonds or notes, or other obligations of the state may properly and\nlegally invest funds including capital in their control or belonging to\nthem. The bonds and notes are also hereby made securities which may be\ndeposited with and may be received by all public officers and bodies of\nthis state and all municipalities for any purposes for which the deposit\nof bonds or notes or other obligations of this state is now or hereafter\nmay be authorized.\n
N.Y. ENV Law § 15-1305 — New York Code / Act ENV / Article 15 / Title 13 / Section 15-1305
Powers and duties of the state Commissioner of Health
Status: in_force

§ 15-1305. Powers and duties of the state Commissioner of Health.\n  The Commissioner of Health shall:\n  1. Review the area and scope of any comprehensive study prior to its\nexecution and make recommendations to the Department of Environmental\nConservation with respect thereto.\n  2. Advise legal agencies and the participating municipalities of the\napproval of their applications for state aid pursuant to this title;\n  3. Execute contracts for the services of consulting engineers\nnecessary for such studies and reports jointly with the local agency\nrequesting state aid therefor;\n  4. Approve the amount of compensation to be paid for such engineering\nservices and the method of determining such compensation; provided,\nhowever, that such compensation shall not be computed on a per diem or\npercentage of estimated costs basis;\n  5. Receive and approve final reports of local agencies prior to final\npayment;\n  6. Approve vouchers for the payment of state aid grants pursuant to\nthe provisions of this title;\n  7. Prepare and file with the Department of Environmental Conservation\nfor its review and evaluation an annual report on the scope and results\nof comprehensive studies undertaken pursuant to this section;\n  8. Make an estimate of the annual funds necessary to carry out the\nprovisions of this title and, with the approval of the Department of\nEnvironmental Conservation request such amount for inclusion in the\nexecutive budget;\n  9. Perform such other and further acts as may be necessary, proper or\ndesirable to carry out effectively the provisions of this section.\n
N.Y. PBA Law § 2016 — New York Code / Act PBA / Article 8 / Title 13 / Section 2016
Definitions
Status: in_force

§ 2016. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context.\n  1. The term "authority" shall mean the corporation created by section\ntwo thousand seventeen of this title;\n  2. The term "county" shall mean the county of Onondaga;\n  3. The term "treasurer" shall mean the treasurer of the authority;\n  4. The term "comptroller" shall mean the comptroller of the state of\nNew York;\n  5. The term "personnel commissioner" shall mean the personnel\ncommissioner of the county of Onondaga;\n  6. The term "properties" shall mean the receiving/transfer and/or\ntreatment stations including the plants, works, instrumentalities or\npart thereof and appurtenances thereto, lands, easements, rights in\nland, rights-of-way, contract rights, franchises, approaches and\nequipment;\n  7. The term "bonds" shall mean the bonds, notes and obligations,\nissued by the authority, pursuant to this act;\n  8. The term "revenues" shall mean all charges and other income derived\nby the operation of the authority;\n  9. The term "municipality" shall mean any county, city, town, village,\ntown water district, fire district, fire protection district, fire alarm\ndistrict, school district, and any other political subdivision of the\nstate.\n
N.Y. PBA Law § 2053-Q — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-Q
Actions against the authority
Status: in_force

§ 2053-q. Actions against the authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any member, officer,\nagent or employee thereof, unless (a) a notice of claim shall have been\nmade and served upon the authority within the time limit by and in\ncompliance with section fifty-e of the general municipal law, or (b) it\nshall appear by and as an allegation in the complaint or moving papers\nthat at least thirty days have elapsed since the service of such notice\nand that adjustment or payment thereof has been neglected or refused,\nand (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based. An action against the authority for wrongful death shall\nbe commenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter. Actions to\nrecover damages for personal injury or injury to property caused by the\nlatent effects of exposure to any substance or combination of\nsubstances, in any form, upon or within the body or upon or within\nproperty shall be governed by section two hundred fourteen-c of the\ncivil practice law and rules.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the 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 authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which 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  5. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall civil business pending therein, except election causes, irrespective\nof position on the calendar. The same preference shall be granted upon\napplication of the authority or its counsel in any action or proceeding\nquestioning the validity of this title in which the authority may be\nallowed to intervene. The venue of any such action or proceeding shall\nbe laid in the supreme court of the county in which the principal office\nof the authority is located.\n
N.Y. PBA Law § 2046-A — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-A
Short title
Status: in_force

§ 2046-a. Short title. This title may be cited as the "Islip resource\nrecovery agency act".\n
N.Y. PBA Law § 2050-HH — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-HH
Bonds of the authority
Status: in_force

§ 2050-hh. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds in such\nprincipal amounts as it may determine to be necessary to pay the cost of\nany project or for any other corporate purpose, including the\nestablishments of reserves to secure the bonds, the payment of principal\nof, premium, if any, and interest on the bonds and the payment of\nincidental expenses in connection therewith. The authority shall have\npower and is hereby authorized to enter into such agreements and perform\nsuch acts as may be required under any applicable federal legislation to\nsecure a federal guarantee of any bonds. The aggregate principal amount\nof such bonds, notes or other obligations shall not exceed fifty million\ndollars ($50,000,000), excluding bonds, notes or other obligations\nissued to refund or otherwise repay bonds, notes or other obligations\ntheretofore issued for such purposes; provided, however, that upon any\nsuch refunding or repayment the total aggregate principal amount of\noutstanding bonds, notes or other obligations may be greater than fifty\nmillion dollars ($50,000,000) only if the present value of the aggregate\ndebt service of the refunding or repayment bonds, notes or other\nobligations to be issued shall not exceed the present value of the\naggregate debt service of the bonds, notes or other obligations so to be\nrefunded or repaid. For purposes hereof, the present values of the\naggregate debt service of the refunding or repayment bonds, notes or\nother obligations and of the aggregate debt service of the bonds, notes\nor other obligations so refunded or repaid, shall be calculated by\nutilizing the effective interest rate of the refunding or repayment\nbonds, notes or other obligations, which shall be that rate arrived at\nby doubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment bonds, notes or other obligations from the payment dates\nthereof to the date of issue of the refunding or repayment bonds, notes\nor other obligations and to the price bid including estimated accrued\ninterest or proceeds received by the authority including estimated\naccrued interest from the sale thereof. The authority shall have power\nand is hereby authorized to enter into such agreements and perform such\nacts as may be required under any applicable federal legislation to\nsecure a federal guarantee of any bonds. The authority shall have power\nfrom time to time to refund any bonds by the issuance of new bonds\nwhether the bonds to be refunded have or have not matured, and may issue\nbonds partly to refund bonds then outstanding and partly for any other\ncorporate purpose. Bonds issued by the authority may be general\nobligations secured by the faith and credit of the authority or may be\nspecial obligations payable solely out of particular revenues or other\nmoneys as may be designated in the proceedings of the authority under\nwhich the bonds shall be authorized to be issued, subject to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or moneys. The authority may also enter into bank\nloan agreements, lines of credit and other security agreements and\nobtain for or on its behalf letters of credit in each case for securing\nits bonds or to provide direct payment of any costs which the authority\nis authorized to pay.\n  2. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within thirty years from the date of\noriginal issuance of any such bonds. Obligations with a maturity of five\nyears or less from the date of their original issuance may be designated\nas notes.\n  Bonds and notes shall be subject to such terms of redemption, bear\ninterest at such rate or rates, be payable at such times, be in such\nform, either coupon or registered, carry such registration privileges,\nbe executed in such manner, be payable in such medium of payment at such\nplace or places, and be subject to such terms and conditions as such\nresolution may provide.\n  Notwithstanding any other provision of law, the bonds of the authority\nissued pursuant to this section shall be sold to the bidder offering the\nlowest true interest cost, taking into consideration any premium or\ndiscount not less than four nor more than fifteen days, Sundays\nexcepted, after a notice of such sale has been published at least once\nin a newspaper of general circulation in the area served by the\nauthority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made in pursuance of such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner above described as\nmany times as, in its judgment, may be necessary to effect a\nsatisfactory sale.\n  Notwithstanding the provisions of the preceding paragraph, whenever in\nthe judgment of the authority the interests of the authority will be\nserved thereby, the members of the authority, on the written\nrecommendation of the executive director, may authorize the sale of such\nbonds at private or public sale on a negotiated basis or on either a\ncompetitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\n  The private or public bond sale guidelines set by the authority shall\ninclude, but not be limited to a requirement that where the interests of\nthe state will be served by a private or public sale of bonds, the\nauthority shall select underwriters for private or public bond sales\nconducted pursuant to a request for proposal process undertaken at least\nonce annually and consideration of proposals from qualified underwriters\ntaking into account, among other things, qualifications of underwriters\nas to experience, their ability to structure and sell authority bond\nissues, anticipated costs to the authority, the prior experience of the\nauthority with the firm, if any, the capitalization of such firms,\nparticipation of qualified minority and women-owned business enterprise\nfirms in such private or public sales of bonds of the authority and the\nexperience and ability of firms under consideration to work with\nminority and women-owned business enterprises so as to promote and\nassist participation by such enterprises.\n  The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the comptroller.\n  The authority shall annually prepare and approve a bond sale report\nwhich shall include the private or public bond sale guidelines as\nspecified in this subdivision, amendments to such guidelines since the\nlast private or public bond sale report, an explanation of the bond sale\nguidelines and amendments, and the results of any sale of bonds\nconducted during the fiscal year. Such bond sale report may be a part of\nany other annual report that the authority is required to make.\n  The authority shall annually submit its bond sale report to the\ncomptroller and copies thereof to the senate finance committee and the\nassembly ways and means committee.\n  The authority shall make available to the public copies of its bond\nsale report upon reasonable request therefor.\n  Nothing contained in this subdivision shall be deemed to alter, affect\nthe validity of, modify the terms of or impair any contract or agreement\nmade or entered into in violation of, or without compliance with, the\nprovisions of this subdivision.\n  3. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or any part of the revenues, other moneys or property\nof the authority to secure the payment of the bonds, or of any costs of\nissuance thereof, including but not limited to any contracts, earnings\nor proceeds of any grant to the authority received from any private or\npublic source subject to such agreements as they may exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contracts 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, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section twenty-seven hundred fifty-eight of this\ntitle and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right, the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  4. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys or property and\nthe doing of any act, including refraining from doing any act which the\nauthority would have the right to do in the absence of such agreements.\nThe authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds of the authority.\n  5. Any provisions of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created, nor\nany financing statement, need be recorded or filed.\n  6. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for the purposes of the uniform commercial code, subject only to the\nprovisions of the bonds for registration.\n  7. Neither the members of the authority nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  8. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power, out of any moneys available therefor, to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (i) if the bonds are then redeemable, the\nredemption price then applicable, plus accrued interest to the next\ninterest payment date or, (ii) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption plus accrued interest to\nthe next interest payment date.\n
N.Y. PBA Law § 2041 — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041
Short title
Status: in_force

§ 2041. Short title. This title shall be known and may be cited as the\n"Montgomery, Otsego, Schoharie solid waste management authority act".\n
N.Y. ENV Law § 21-1311 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1311
Prior project approval
Status: in_force

§ 21-1311. Prior project approval.\n  No project requiring license, permit or other approval by any agency\nor officer of this state, or any subdivision thereof, shall be given any\nfinal license, permit or approval, by such agency or officer of this\nstate if such project requires approval of the Susquehanna river basin\ncommission pursuant to this compact and such approval has not been\ngiven.\n
N.Y. PBA Law § 2046-M — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-M
Bonds and notes as legal investments
Status: in_force

§ 2046-m. Bonds and notes as legal investments. The bonds and notes\nare hereby made securities in which all public officers and bodies of\nthis 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, building and loan associations,\ninvestment companies, trusts, estates, or guardianships under the\ncontrol of individual administrators, guardians, executors, trustees and\nother individual fiduciaries, and other persons carrying on a banking\nbusiness, and all other persons whatsoever, who are now or may hereafter\nbe authorized to invest in bonds or notes or other obligations of the\nstate, may properly and legally invest funds including capital in their\ncontrol or belonging to them. The bonds or notes are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of this state and all municipalities for any purpose\nfor which the deposit of bonds or notes or other obligations of this\nstate is now or may hereafter be authorized.\n
N.Y. ENV Law § 11-1305 — New York Code / Act ENV / Article 11 / Title 13 / Section 11-1305
Size and catch limits
Status: in_force

§ 11-1305. Size and catch limits.\n  The department may promulgate regulations restricting possession on\nthe waters of the state, except the marine and coastal district, of\nfish, except bait fish named in section 11-1315 of this title, that have\nbeen cleaned, filleted or skinned in such a manner that (a) the species\nof fish taken cannot be identified, (b) the number of fish taken cannot\nbe determined, or (c) the length of fish taken cannot be ascertained.\nSuch regulations shall initially provide that walleye, largemouth bass,\nsmallmouth bass, brook trout and lake trout may not be so possessed if\nthey have been dismembered, filleted or otherwise prepared for cooking\nor consumption beyond removal of the gills and viscera and that other\nspecies of fish may not be so possessed if they have been dismembered or\notherwise prepared for cooking or consumption, except that the gills and\nviscera may be removed and such fish may be filleted, provided the skin\nis not removed from the fillet.\n
N.Y. PBA Law § 2030 — New York Code / Act PBA / Article 8 / Title 13 / Section 2030
Contracts
Status: in_force

§ 2030. Contracts. All contracts, or orders, for work, material or\nsupplies performed or furnished in connection with construction shall be\nawarded by the authority pursuant to resolution. Such contracts, or\norders, for work, material or supplies needed for any particular purpose\ninvolving an expenditure of more than two thousand five hundred dollars\nshall be awarded only after inviting sealed bids or proposals therefor.\nThe notice inviting sealed proposals shall be published at least once in\na newspaper or trade paper selected by the authority for such purpose,\nsuch publication to the be at least ten days before the date for the\nreceipt of bids. If the authority shall not deem it for the interest of\nthe authority to reject all bids, it shall award the contract to the\nlowest bidder, unless the authority shall determine that it is for the\npublic interest that a bid other than the lowest bid should be accepted.\nIn any contract for work, material or supplies, there shall be inserted\nin the discretion of the authority a provision that additional work may\nbe done or material or supplies furnished for the purpose of completing\nsuch contract at an expense not exceeding fifteen per centum of the\namount of such contract if such additional work, materials or supplies\nshall be ordered by the authority. The bidder whose bid is accepted\nshall give security for the faithful performance of the contract, and\nsuch other security as the authority may require, and may be required to\nmaintain for such period as shall be stipulated any construction done\nunder the contract, all in the manner prescribed and required by the\nauthority; and the sufficiency of such security shall, in addition to\nthe justification and acknowledgment, be approved by the authority. All\nbids or proposals shall be publicly opened by the authority or its duly\nauthorized agent.  If the bidder whose bid has been accepted after\nadvertising shall neglect or refuse to accept the contract within five\ndays after written notice that the same has been awarded to him on his\nbid or proposal, or, if he accepts but does not execute the contract and\ngive proper security the authority shall have the right to declare his\ndeposit forfeited, and thereupon it shall be readvertised and relet as\nabove provided. In case any work shall be abandoned by any contractor,\nthe authority may, if the best interest of the authority be thereby\nserved, adopt on behalf of the authority any or all subcontracts made by\nsuch contractor for such work and all such subcontractors shall be bound\nby such adoption if made; and the authority shall in the manner provided\nherein readvertise and relet the work specified in the original contract\nexclusive of so much thereof as shall be provided for in the subcontract\nor subcontracts so adopted. No bid shall be accepted from or any\ncontracts awarded to, any person or corporation who is in arrears to the\nauthority, or the county of Onondaga upon any debt or contract, or is a\ndefaulter as surety or otherwise upon any obligation of the authority,\nor the county. Every contract involving an expenditure of more than two\nthousand five hundred dollars when made and entered into as herein\nprovided for shall be executed in duplicate, one copy of which shall be\nheld by the authority and one copy of which shall be delivered to the\ncontractor.\n
N.Y. PBA Law § 2047-K — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-K
Moneys of the agency
Status: in_force

§ 2047-k. Moneys of the agency. All moneys of the agency from whatever\nsource derived shall be paid to the treasurer of the agency and shall be\ndeposited forthwith in a bank or banks in the state designated by the\ngoverning body. The moneys in such accounts shall be paid out on check\nof the treasurer upon requisition by the governing body or of such other\nperson or persons as the governing body may authorize to make such\nrequisitions. All deposits of such moneys shall be secured by\nobligations of the United States or of the state or of the county or any\nmunicipality of a market value equal at all times to the amount on\ndeposit and all banks and trust companies are authorized to give such\nsecurity for such deposits. The agency shall have power, notwithstanding\nthe provisions of this section, to contract with the holders of any\nbonds as to the custody, collection, security, investment and payment of\nany moneys of the agency or any moneys held in trust or otherwise for\nthe payment of bonds or in any way to secure bonds, and carry out any\nsuch contract notwithstanding that such contract may be inconsistent\nwith the provisions of this section. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be secured in the same manner as moneys of the agency\nand all banks and trust companies are authorized to give such security\nfor such deposits. Any moneys of the agency not required for immediate\nuse or disbursement may, at the discretion of the agency, be invested in\nthose obligations specified pursuant to the provisions of section\nninety-eight-a of the state finance law. Subject to the provisions of\nany contract with bondholders and with the approval of the comptroller,\nthe agency shall prescribe a system of accounts.\n
N.Y. ENV Law § 27-1318 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1318
Institutional and engineering controls
Status: in_force

§ 27-1318. Institutional and engineering controls.\n  (a) When the department approves a proposed remedial work plan that\nincludes institutional controls and/or engineering controls as\ncomponents of a proposed remedial program, such remedial work plan shall\ninclude:\n  (i) a complete description of any proposed use restrictions and/or\ninstitutional controls and the mechanisms that will be used to\nimplement, maintain, monitor, and enforce such restrictions and\ncontrols;\n  (ii) a complete description of any proposed engineering controls and\nany operation, maintenance, and monitoring requirements, including the\nmechanisms that will be used to continually implement, maintain,\nmonitor, and enforce such controls and requirements;\n  (iii) an evaluation of the reliability and viability of the long-term\nimplementation, maintenance, monitoring, and enforcement of any proposed\ninstitutional or engineering controls and an analysis of the long-term\ncosts of implementing, maintaining, monitoring and enforcing such\ncontrols, including costs that may be borne by state or local\ngovernments;\n  (iv) sufficient analysis to support a conclusion that effective\nimplementation, maintenance, monitoring and enforcement of institutional\nand/or engineering controls can be reasonably expected;\n  (v) where required by the department, financial assurance to ensure\nthe long-term implementation, maintenance, monitoring, and enforcement\nof any such controls; and\n  (vi) a requirement that any engineering control must be used in\nconjunction with institutional controls to ensure the continued\nintegrity of such engineering control.\n  (b) Within one hundred eighty days of commencement of the remedial\ndesign, the owner of an inactive hazardous waste disposal site, and/or\nany person responsible for implementing a remedial program at such site,\nwhere institutional or engineering controls are employed pursuant to\nthis title, shall execute an environmental easement pursuant to title\nthirty-six of article seventy-one of this chapter.\n  (c) The owner of an inactive hazardous waste disposal site, and/or any\nperson responsible for implementing the remedial program at such site\nwhere institutional or engineering controls are employed pursuant to\nthis title shall, unless otherwise provided in writing by the\ndepartment, annually submit to the department a written statement by an\nindividual licensed or otherwise authorized in accordance with article\none hundred forty-five of the education law to practice the profession\nof engineering, or by such other expert as the department may find\nacceptable certifying under penalty of perjury that the institutional\ncontrols and/or engineering controls employed at such site are unchanged\nfrom the previous certification and that nothing has occurred that would\nimpair the ability of such control to protect the public health and\nenvironment, or constitute a violation or failure to comply with any\noperation and maintenance plan for such controls and giving access to\nsuch real property to evaluate continued maintenance of such controls.\n
N.Y. PBH Law § 1389-AA — New York Code / Act PBH / Article 13 / Title 13 / Section 1389-AA
Definitions
Status: in_force

§ 1389-aa. Definitions.  1. "Regulated medical waste" shall mean any\nof the following waste which is generated in the diagnosis, treatment or\nimmunization of human beings or animals, in research pertaining thereto,\nor in production and testing of biologicals, provided, however, that\n"regulated medical waste" shall not include any hazardous waste\nidentified or listed pursuant to section 27-0903 of the environmental\nconservation law, or any household waste as defined in regulations\npromulgated under such section.\n  (a) Cultures and stocks. This waste shall include cultures and stocks\nof agents infectious to humans, and associated biologicals, cultures\nfrom medical or pathological laboratories, cultures and stocks of\ninfectious agents from research and industrial laboratories, wastes from\nthe production of biologicals, discarded live or attenuated vaccines, or\nculture dishes and devices used to transfer, inoculate or mix cultures.\n  (b) Human pathological wastes. This waste shall include tissue,\norgans, and body parts (except teeth and the contiguous structures of\nbone and gum), body fluids that are removed during surgery, autopsy, or\nother medical procedures, or specimens of body fluids and their\ncontainers, and discarded material saturated with such body fluids other\nthan urine, provided that the commissioner, by duly promulgated\nregulation, may exclude such discarded material saturated with body\nfluids from this definition if the commissioner finds that it does not\npose a significant risk to public health. This waste shall not include\nurine or fecal materials submitted for other than diagnosis of\ninfectious diseases.\n  (c) Human blood and blood products. This waste shall include: (i)\ndiscarded waste human blood, discarded blood components (e.g. serum and\nplasma) containers with free flowing blood or blood components or\ndiscarded saturated material containing free flowing blood or blood\ncomponents; and (ii) materials saturated with blood or blood products\nprovided that the commissioner, by duly promulgated regulation, may\nexclude such material saturated with blood or blood products from this\ndefinition if the commissioner finds that it does not pose a significant\nrisk to public health.\n  (d) Sharps. This waste shall include but not be limited to discarded\nunused sharps and sharps used in animal or human patient care, medical\nresearch, or clinical or pharmaceutical laboratories, hypodermic,\nintravenous, or other medical needles, hypodermic or intravenous\nsyringes to which a needle or other sharp is still attached, Pasteur\npipettes, scalpel blades, or blood vials. This waste shall include, but\nnot be limited to, other types of broken or unbroken glass (including\nslides and cover slips) in contact with infectious agents. This waste\nshall not include those parts of syringes from which sharps are\nspecifically designed to be easily removed and from which sharps have\nactually been removed, and which are intended for recycling or other\ndisposal, so long as such syringes have not come in contact with\ninfectious agents.\n  (e) Animal waste. This waste shall mean discarded materials, including\ncarcasses, body parts, body fluids, blood, or bedding originating from\nanimals known to be contaminated with infectious agents or from animals\ninoculated during research, production of biologicals, or pharmaceutical\ntesting with infectious agents.\n  (f) Any other waste material containing infectious agents designated\nby the commissioner as regulated medical waste.\n  2. "Storage" shall mean the containment of regulated medical waste in\nsuch a manner as not to constitute disposal of such waste.\n  3. "Transport" shall mean the movement of regulated medical waste from\nthe point of generation to any intermediate points and finally to the\npoint of ultimate disposal.\n  4. "Treatment" shall mean any method, technique or process designed to\nchange the character or composition of any regulated medical waste so as\nto either neutralize such waste or to render such waste not infectious\nas approved by the commissioner pursuant to section thirteen hundred\neighty-nine-dd of this title.\n  5. "Infectious agents" shall mean any organisms that cause disease or\nan adverse health impact to humans, except that the commissioner may\nprescribe by regulation additional infectious agents as may be necessary\nto protect human health and the environment.\n
N.Y. PBA Law § 2052-S — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-S
Effect of inconsistent provisions
Status: in_force

§ 2052-s. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any charter, local law, ordinance\nor resolution of the county, or other municipality, the provisions of\nthis title shall be controlling. Nothing contained in this section shall\nbe held to supplement or otherwise expand the powers or duties of the\nauthority otherwise set forth in this title. Nothing contained in this\ntitle shall be held to alter or abridge the powers and duties of the\ndepartment of environmental conservation or the department of health.\n
N.Y. PBA Law § 2041-N — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-N
Actions against authority
Status: in_force

§ 2041-n. Actions against authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority, its members, officers, or employees\nfor personal injury or damage to real or personal property alleged to\nhave been sustained by reason of the negligence, tort or wrongful act of\nthe authority or of any member, officer, agent or employee thereof,\nunless (i) a notice of claim shall have been made and served upon the\nauthority 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 authority 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. Except that actions to\nrecover damages for personal injury or injury to property caused by the\nlatent effects of exposure to any substance or combination of\nsubstances, in any form, upon or within the body or upon or within\nproperty shall be governed by section two hundred fourteen-c of the\ncivil practice law and rules.\n  2. Whenever a notice of claim is served upon the authority, it shall\nhave the 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 authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county in which the\nprincipal office of the authority is located.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n
N.Y. PBA Law § 2049-NN — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-NN
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2049-nn. Exemption from taxes, assessments and certain fees. 1. It\nis hereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the counties and the state and is a public purpose and the\nauthority shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes or assessments upon any property owned by it\nor under its jurisdiction, control or supervision or upon its\nactivities, income and operations, or any filing, recording or transfer\nfees or taxes in relation to instruments filed, recorded or transferred\nby it or on its behalf provided, however, that the authority shall\nannually pay a sum in lieu of taxes to each of the municipalities in\nwhich any real property owned by or under its jurisdiction, control or\nsupervision of the authority are located in an amount equal to the taxes\nand assessments which would have been levied upon such real property in\nan unimproved state had such real property been owned by a person whose\nreal property is subject to taxation. The construction, use, occupation\nor possession of any property owned by the authority or the counties,\nincluding improvements thereon, by any person or public corporation\nunder a lease, lease and sublease or any other agreement shall not\noperate to abrogate or limit the foregoing exemption, notwithstanding\nthat the lessee, user, occupant or person in possession shall claim\nownership for federal income tax purposes. Mortgages made or financed,\ndirectly or indirectly, by the authority shall be exempt from the\nmortgage recording taxes imposed by article eleven of the tax law.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority shall be exempt from\ntaxes, except for transfer, and estate and gift taxes. The state hereby\ncovenants with the purchasers and with all subsequent holders and\ntransferees of bonds issued by the authority pursuant to this title, in\nconsideration of the acceptance of any payment for the bonds, that the\nbonds of the authority issued pursuant to this title and the income\ntherefrom and all revenues, moneys, and other property pledged to secure\nthe payment of such bonds shall at all times be free from taxation,\nexcept for transfer, and estate and gift taxes.\n
N.Y. PBA Law § 2051-N — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-N
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2051-n. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the county and the state and is a public purpose and the\nauthority shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes or assessments upon any property owned by it\nor under its jurisdiction, control or supervision or upon its activities\nor any filing, recording or transfer fees or taxes in relation to\ninstruments filed, recorded or transferred by it or on its behalf. The\nconstruction, use, occupation or possession of any property owned by the\nauthority or the county, including improvements thereon, by any person\nor public corporation under a lease, lease and sublease or any other\nagreement shall not operate to abrogate or limit the foregoing\nexemption, notwithstanding that the lessee, user, occupant or person in\npossession shall claim ownership for federal income tax purposes.\nMortgages made or financed, directly or indirectly, by the authority\nshall be exempt from the mortgage recording taxes imposed by article\neleven of the tax law. The authority shall be deemed a public authority\nfor the purposes of section four hundred twelve of the real property tax\nlaw.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority shall be exempt from\ntaxes, except for transfer and estate taxes. The state hereby covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds issued by the authority pursuant to this title, in consideration\nof the acceptance of any payment for the bonds, that the bonds of the\nauthority issued pursuant to this title and the income therefrom and all\nrevenues, moneys, and other property pledged to secure the payment of\nsuch bonds shall at all times be free from taxation, except for transfer\nand estate taxes.\n
N.Y. ENV Law § 21-1305 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1305
Advisory committee
Status: in_force

§ 21-1305. Advisory committee.\n  The Department of Environmental Conservation shall provide an advisory\ncommittee with whom the member of the Susquehanna river basin commission\nfrom this state may consult with respect to the conduct of New York\nparticipation in the compact.\n
N.Y. PBA Law § 2049-H — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-H
Bonds of the authority
Status: in_force

§ 2049-h. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds in such\nprincipal amounts as it may determine to be necessary to pay the cost of\nany project or for any other corporate purpose, including incidental\nexpenses in connection therewith. The authority shall have the power and\nis hereby authorized to enter into such agreements and perform such acts\nas may be required under any applicable federal legislation to secure a\nfederal guarantee of any bonds. The authority shall have the power from\ntime to time to refund any bonds by the issuance of new bonds whether\nthe bonds to be refunded have or have not matured, and may issue bonds\npartly to refund bonds then outstanding and partly for any other\ncorporate purpose. Bonds issued by the authority may be general\nobligations secured by the faith and credit of the authority or may be\nspecial obligations payable solely out of particular revenues or other\nmoneys as may be designated in the proceedings of the authority under\nwhich the bonds shall be authorized to be issued and subject to any\nagreements with the holders of outstanding bonds pledging any particular\nrevenues or moneys.\n  2. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations, bear such date or dates and mature at such time or\ntimes as such resolution shall provide, provided that bonds and any\nrenewals thereof shall mature within forty years from the date of the\noriginal issuance of any such bonds. Obligations with a maturity of five\nyears or less from the date of their original issuance may be deisgnated\nas notes. Bonds shall be subject to such terms of redemption, bear\ninterest at such specified rate or rates, or, with respect to\nobligations designated as notes, at such rate or rates not in excess of\nsuch specified rate or rates, be payable at such times, be in such form,\neither coupon or registered, carry such registration privileges, be\nexecuted in such manner, be payable in such medium or payment at such\nplace or places, and be subject to such terms and conditions as such\nresolution may provide. Bonds may be sold at public or private sale for\nsuch price or prices as the authority shall determine, provided that no\nbonds of the authority, other than obligations designated as notes, may\nbe sold by the authority 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 be to such comptroller, or by the state director of\nthe budget where such sale is to be to said comptroller. The authority\nmay pay all expenses, premiums and commissions which it may deem\nnecessary or advantageous in connection with the issuance and sale of\nbonds.\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 moneys or revenues, other moneys\nor property of the authority to secure the payment of the bonds or of\nany issuance thereof, including but not limited to any contracts,\nearnings or proceeds of any grant to the authority received from any\nprivate or public source subject to such agreements with bondholders as\nmay then exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage or deed or\nindenture securing the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section two thousand forty-nine-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 authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  4. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys or property and\nthe doing of any act, including refraining from doing any act which the\nauthority would have the right to do in the absence of such agreements.\nThe authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds of the authority.\n  5. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  6. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nany provisions of the bonds for registration.\n  7. Neither the members of the authority nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  8. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding (a) if the bonds are then redeemable, the\nredemption price then applicable, plus accrued interest to the next\ninterest payment date or (b) if the bonds are not then redeemable, the\nredemption price applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption plus accrued interest to\nthe next interest payment date.\n
N.Y. ENV Law § 21-1316 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1316
Report and recommendations of department
Status: in_force

§ 21-1316. Report and recommendations of department.\n  The department shall submit to the governor and the legislature of\nthis state on or before the twenty-fifth day of January, nineteen\nhundred seventy-eight, and every year thereafter, a detailed examination\nand evaluation of the programs and activities of the commission as they\nrelate to New York state and shall make recommendations for any\nlegislative action deemed by the department advisable, including\namendments to the statutes of the signatory states which may be\nnecessary to carry out the intent and purposes of the compact.\n
N.Y. PBA Law § 2050-GG — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-GG
Transfer of officers and employees
Status: in_force

§ 2050-gg. Transfer of officers and employees. In accordance with\nsection seventy of the civil service law, any officer or employee of a\nparticipating municipality under civil service who is selected by the\nauthority may, with the consent of the chief elected official of such\nmunicipality, be transferred to the authority and shall be eligible for\nsuch transfer and appointment, without examination, to applicable\noffices, positions and employment under the authority. The salary or\ncompensation of any such officer or employee, after such transfer, shall\nbe paid by the authority. Any such officers or employees so transferred\nto the authority pursuant to this section who are members of or benefit\nunder any existing pension or retirement fund or system shall continue\nto have all rights, privileges, obligations and status with respect to\nsuch fund or system as are now prescribed by law but, during the period\nof their employment by the authority, all contributions to such fund or\nsystem shall be paid by the authority. All such officers or employees so\ntransferred to the authority who have been appointed to positions under\nthe rules and classifications of the personnel officer of the applicable\nparticipating municipality shall have the same status with respect\nthereto after transfer to the authority as they had under their original\nappointment.\n
N.Y. ENV Law § 27-1303 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1303
Identification of sites
Status: in_force

§ 27-1303. Identification of sites.\n  1. a. For a period of one year after the effective date of the chapter\nof the laws of two thousand three designating and amending this\nparagraph, each county shall, for the purpose of locating inactive\nhazardous waste disposal sites, as that term was defined on January\nfirst, two thousand three, survey its jurisdiction to determine the\nexistence and location of suspected inactive hazardous waste disposal\nsites and shall annually thereafter submit a report to the department\ndescribing the location of each such suspected site and the reasons for\nsuch suspicion.\n  b. Commencing one year after the effective date of this paragraph,\neach county shall, for the purpose of locating inactive hazardous waste\ndisposal sites, survey its jurisdiction to determine the existence and\nlocation of suspected inactive hazardous waste disposal sites and shall,\nafter consultation with all cities, towns, and villages within its\njurisdiction, annually thereafter submit a report to the department\ndescribing the location of each such suspected site and the reasons for\nsuch suspicion.\n  2. Each county, after consultation with all cities, towns, and\nvillages within its jurisdiction, shall review the information\nconcerning such county in the registry established pursuant to section\n27-1305 of this article and shall, on or before September first,\nnineteen hundred eighty, and annually thereafter on the first day of\nSeptember of each succeeding year, provide the department with any\ninformation which might correct or supplement the information in such\nregistry with respect to suspected inactive hazardous waste disposal\nsites within the jurisdiction of such county.\n  3. Counties shall cooperate and coordinate with local jurisdictions,\nregional organizations or state agencies to fulfill its responsibilities\nunder subdivisions one and two of this section. Nothing contained within\nthis section shall reduce the powers or responsibilities of any county,\nother local jurisdiction, regional organization or state agency to\nidentify, investigate, assess or monitor any inactive hazardous waste\ndisposal site.\n  4. For purposes of this section, "county" shall include each city\nincorporating within its boundary one or more counties but shall not\ninclude those counties incorporated within a city.\n
N.Y. PBA Law § 2049-VV — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-VV
Transfer of environmental applications, proceedings, approvals and permits
Status: in_force

§ 2049-vv. Transfer of environmental applications, proceedings,\napprovals and permits. 1. Any application in relation to the purposes of\nor contemplated by this title heretofore filed, or any proceeding\nheretofore or hereafter commenced, by either of the counties with the\nstate department of environmental conservation, the department of\ntransportation or any other state authority or instrumentality or with\nthe United States environmental protection agency or any other federal\nauthority or instrumentality shall inure to and for the benefit of the\nauthority to the same extent and in the same manner as if the authority\nhad been a party to such application or proceeding from its inception,\nand the authority shall be deemed a party thereto, to the extent not\nprohibited by any federal law. Any license, approval, permit or decision\nheretofore or hereafter issued or granted pursuant to or as a result of\nany such application or proceeding shall inure to the benefit of and be\nbinding upon the authority and shall be assigned and transferred by such\ncounty to the authority, unless such assignment and transfer is\nprohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, constructing, maintaining, using or\noccupying any facility financed in whole or in part by the authority.\n
N.Y. PBA Law § 2020 — New York Code / Act PBA / Article 8 / Title 13 / Section 2020
Bonds of the authority
Status: in_force

§ 2020. Bonds of the authority. 1. The authority shall have the power\nand is hereby authorized from time to time to issue its negotiable bonds\nfor any of its corporate purposes, including incidental expenses in\nconnection therewith, and to secure the payment of the same by a lien or\npledge covering all or part of its contract, earnings or revenues. The\nauthority shall have power from time to time whenever it deems refunding\nexpedient, to refund any bonds by the issuance of new bonds, whether the\nbonds to be refunded have or have not matured, and may issue bonds\npartly to refund bonds then outstanding and partly for any of its\ncorporate purposes. Except as may be otherwise expressly provided by the\nauthority, every issue of bonds by the authority shall be general\nobligations payable out of any moneys, earnings or revenues of the\nauthority, subject only to any agreements with the holders of particular\nbonds pledging any particular moneys, earnings or revenues.\nNotwithstanding the fact that the bonds may be payable from a special\nfund, if they are otherwise of such form and character as to be\nnegotiable instruments under the terms of negotiable instruments law\n(constituting chapter thirty-eight of the consolidated laws) the bonds\nshall be and are hereby made negotiable instruments within the meaning\nof and for all the purposes of the negotiable instruments law, subject\nonly to the provisions of the bonds for registration.\n  2. The bonds shall be authorized by resolution of the authority and\nshall bear such date or dates, mature at such time or times not\nexceeding forty years from their respective dates, bear interest at the\nbest possible interest rate per annum as may be obtainable, be in such\ndenominations, be in such form either coupon or registered, carry such\nregistration privileges, be executed in such manner, be payable in\nlawful money of the United States of America, at such place or places\nand be subject to such terms of redemption, as such resolution or\nresolutions may provide.\n  All bonds of the authority shall be sold at public or private sale as\nthe authority shall determine. No bonds of the authority may be sold at\nprivate sale, however, unless such sale and the terms thereof have been\napproved by the county legislature. If such bonds are sold at public\nsale, such sale shall be upon sealed bids to the bidder who shall offer\nthe lowest interest cost to the authority to be determined by the\nauthority. Notice of any public sale shall be published at least once,\nnot less than ten nor more than forty days before the date of sale, in a\nfinancial newspaper published and circulated in the city of New York and\ndesignated by the authority. The notice shall call for the receipt of\nsealed bids and shall fix the date, time and place of sale.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall 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 moneys, earnings, income and\nrevenues derived from all or any part of the properties of the authority\nto secure the payment of the bonds or of any issue of the bonds subject\nto such agreements with bondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected and the amounts to be raised in each year thereby, and the use\nand disposition of the earnings and other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of the properties in connection with which such bonds are\nissued;\n  (e) limitations in the purposes to which and the manner in which the\nproceeds of sale of any issue of bonds may be applied;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any earnings or revenues\nof the authority may be deposited;\n  (i) the terms and provisions of any mortgage or trust deed or\nindenture securing the bonds or under which bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section eleven hundred forty-three hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder such section or limiting the rights, duties and powers of such\ntrustee;\n  (k) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing the rights and remedies of the bondholders in\nthe event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of this state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of its properties;\n  (m) any other matters, of like or different character which in any way\naffect the security or protection of the bonds;\n  (n) limitations on the amount of moneys derived from the properties to\nbe expended for operating, administrative or other expenses of the\nauthority;\n  (o) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (p) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of the properties, the\nsafeguarding and application of all moneys and as to the requirements\nfor the supervision and approval of consulting engineers in connection\nwith construction, reconstruction and operation;\n  (q) the payment of the proceeds of bonds and revenues of the the\nproperties to a trustee or other depositary, and for the method of\ndisbursement thereof with such safeguards and restrictions as the\nauthority may determine.\n  4. It is in the intention of the legislature that any pledge of\nearnings, revenues or other moneys made by the authority shall be valid\nand binding from the time when the pledge is made; that the earnings,\nrevenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act, and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds or other obligations shall be liable personally on the bonds or\nother obligations or be subject to any personal liability or\naccountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase (as distinguished from the power of redemption hereinabove\nprovided) any bonds issued by it or which may be assumed by such\nauthority at a price of not more than the principal amount thereof and\naccrued interest, and all such bonds shall be cancelled.\n  7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the properties, and the custody, safeguarding and\napplication of all moneys, and may provide that the properties shall be\nconstructed and paid for under the supervision and approval of\nconsulting engineers. The authority may provide by such trust indenture\nfor the payment of the proceeds of the bonds and the revenues of the\nproperties to the trustee under such trust indenture or other\ndepository, and for the method of disbursement thereof, with such\nsafeguards and restrictions as it may determine. All expenses incurred\nin carrying out such trust indenture may be treated as a part of the\ncost of maintenance, operation and repairs of the properties. If the\nbonds shall be secured by a trust indenture the bondholders shall have\nno authority to appoint a separate trustee to represent them.\n  Notwithstanding any other provisions of this title, any resolution or\nresolutions authorizing bonds or notes of the authority shall contain a\ncovenant by the authority that it will at all times maintain rates,\nfees, rentals and/or other charges sufficient to pay, and that any\ncontracts entered into by the authority for the receipt and treatment\nand/or disposal of solid wastes shall contain rates, fees, rentals or\nother charges sufficient to pay, the cost of operation and maintenance\nof the properties, the principal of and interest on any obligation\nissued pursuant to such resolution or resolutions as the same severally\nbecome due and payable, and to maintain any reserves or other funds\nrequired by the terms of such resolution or resolutions.\n
N.Y. PBA Law § 2049-PP — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-PP
Contracts
Status: in_force

§ 2049-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. The authority, upon the\nreceipt of proposals pursuant to a request for proposals issued in\naccordance with paragraph (e) of subdivision four of section one hundred\ntwenty-w of the general municipal law, may, in its discretion, defer\npublic announcement of proposed bids to facilitate and enhance the\nauthority's ability to enter into negotiations with one or more\nproposers until such time as the authority shall determine to be in the\nbest interest of the project, but in no event later than the date of the\naward of the contract. In any construction contract, the authority may\nprovide a program for the payment of damages for delays and incentive\nawards in order to encourage timely project completion. An action, suit\nor proceeding 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.\nEvery contract when made and entered into as herein provided for shall\nbe executed in duplicate, one copy of which shall be held by the\nauthority and one copy of which shall be delivered to the contractor.\nThe authority may adopt, utilize, ratify and confirm any request for\nproposals, invitation for sealed bids, plans, specifications and notices\nheretofore or hereafter published by either of the counties with respect\nto any proposed project, and the authority may adopt, utilize, accept\nand confirm any bids or proposals submitted to either of the counties\nand heretofore and hereafter received and publicly opened by such\ncounty. The provisions of this section shall supersede any inconsistent\nprovisions of the general municipal law, any other general, special or\nlocal law, or the charter of either county.\n
N.Y. ENV Law § 27-1315 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1315
Rules and regulations
Status: in_force

§ 27-1315. Rules and regulations.\n  1. The commissioner shall have the power to promulgate rules and\nregulations necessary and appropriate to carry out the purposes of this\ntitle. Any regulations shall include provisions which establish the\nprocedures for a hearing pursuant to subdivision four of section 27-1313\nof this title and shall ensure a division of functions between the\ncommissioner, the staff who present the case, and any hearing officers\nappointed. In addition, any regulations shall set forth findings to be\nbased on a factual record, which must be made before the commissioner\ndetermines that a significant threat to the environment exists.\n  2. Such rules and regulations of the department as shall be in effect\non the effective date of this subdivision that shall have been\npromulgated to carry out the purposes of this title shall be deemed to\nbe revised, as of the effective date of this subdivision, to include the\ndefinition of "hazardous waste" as it appears in section 27-1301 of this\ntitle.\n
N.Y. PBA Law § 2047-G — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-G
Transfer of officers and employees
Status: in_force

§ 2047-g. Transfer of officers and employees. Any officer or employee\nof the county under civil service, selected by the agency may, with the\nconsent of the county executive, be transferred to the agency and shall\nbe eligible for such transfer and appointment, without examination, to\napplicable offices, positions and employment under the agency. The\nsalary or compensation of any such officer or employee, after such\ntransfer, shall be paid by the agency. Any such officers or employees so\ntransferred to the agency pursuant to this section, who are members of\nor benefit under any existing pension or retirement fund or system,\nshall continue to have all rights, privileges, obligations and status\nwith respect to such fund or system as are now prescribed by law, but\nduring the period of their employment by the agency, all contributions\nto such funds or system to be paid by the employer on account of such\nofficers or employees shall be paid by the agency. All such officers or\nemployees so transferred to the agency who have been appointed to\npositions under the rules and classifications of the personnel officer\nof the county shall have the same status with respect thereto after\ntransfer to the agency as they had under their original appointment.\n
N.Y. ENV Law § 21-1317 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1317
Budget
Status: in_force

§ 21-1317. Budget.\n  The Susquehanna river basin commission shall submit annually to the\nDirector of the Budget, in accordance with the rules and practices of\nthe state for study and consideration by such Director, an estimate of\nmonies required to administer, manage and support the commission during\nthe ensuing fiscal year. Such estimate shall include any request for\nappropriation of funds by New York and shall be accompanied by a\ntabulation of similar requests which the commission expects to make to\neach signatory and the formula or factors upon which such respective\nrequests are based. The provisions of section 14.3 of the compact apply\nto the budgetary and other fiscal matters related to the participation\nof this state in the compact.\n
N.Y. PBA Law § 2041-K — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-K
Bonds legal investment for fiduciaries
Status: in_force

§ 2041-k. Bonds legal investment for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, investment companies and other\npersons carrying on a banking business, and administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever, who are now or may hereafter be authorized to invest in\nbonds or other obligations of the state may properly and legally invest\nfunds including capital in their control or belonging to them. The bonds\nare also hereby made securities which may be deposited with and may be\nreceived by all public officers and bodies of this state and all\nmunicipalities for any purposes for which the deposit of bonds or other\nobligations of this state is now or hereafter may be authorized.\n
N.Y. PBA Law § 2022 — New York Code / Act PBA / Article 8 / Title 13 / Section 2022
Duty of authority to maintain and operate
Status: in_force

§ 2022. Duty of authority to maintain and operate. It shall be the\nduty of the authority, subject to any limitation on the amount of\nrevenues to be expended for such purpose, to maintain and operate and\nwhere necessary to reconstruct its properties.\n
N.Y. ENV Law § 21-1307 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1307
Consent to alteration of diversion
Status: in_force

§ 21-1307. Consent to alteration of diversion.\n  1. Consent of the member from this state to the impairment,\ndiminution, or other adverse effect on diversions, compensating\nreleases, rights, conditions, obligations and provisions for the\nadministration thereof as contemplated by section 3.8 of the compact\nshall not be given, except with the prior approval of the Department of\nEnvironmental Conservation.\n  2. Except with respect to diversions governed by subdivision one of\nthis section the provisions of section 15-1505 of this chapter shall not\napply to any diversion or furnishing of water authorized or made\npursuant to the compact.\n
N.Y. PBA Law § 2053-S — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-S
Interest in contracts prohibited
Status: in_force

§ 2053-s. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the authority to be in any way or manner interested,\ndirectly or indirectly, in the furnishing of work, materials, supplies\nor labor, or in any contract therefor which the authority is empowered\nby this title to make.\n
N.Y. PBA Law § 2045-W — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-W
Separability clause
Status: in_force

§ 2045-w. Separability clause. If any section, clause or provision in\nthis title 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