NY Pub Auth L § 2045-C (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-B - Onondaga County Resource Recovery Agency 2045-C - Onondaga County Resource Recovery Agency.

§  2045-c.  Onondaga county resource recovery agency. 1. A corporation known as the Onondaga county resource recovery agency is hereby  created for  the  public  purposes  and  charged  with the duties and having the powers provided in this title. The agency shall be a body corporate  and politic  constituting  a public benefit corporation. It shall consist of eleven  members,  provided,  however,  that  after  July   thirty-first, nineteen  hundred  eighty-nine,  such  board  shall  consist  of fifteen members, who shall be appointed as  follows:  (i)  four  by  the  county executive;  (ii)  three by the chairman of the county legislature; (iii) two by the mayor of the city of Syracuse, subject to confirmation by the common  council  of  such  city,  provided,  however,  that  after  July thirty-first,  nineteen  hundred  eighty-nine,  such mayor may make four additional appointments to the board  subject  to  confirmation  by  the common  council  of such city; (iv) one by the town board of the town of Camillus, except that any other  provision  of  any  other  law  to  the contrary   notwithstanding,   this  appointment  shall  expire  on  July thirty-first, nineteen hundred eighty-nine, and replaced by a member  to be  appointed by the town board of the town in which the agency sanitary landfill  portion  of  the  solid  waste  management-resource   recovery facility  is  designated to be located or is designated as the preferred site by resolution of the county legislature, as provided in subdivision one-a of this section; and (v) one by the town  board  of  the  town  of Onondaga,  except  that  any  other  provision  of  any other law to the contrary  notwithstanding  this  appointment  shall   expire   on   July thirty-first,  nineteen hundred eighty-nine, and be replaced by a member to be appointed by the town board  of  the  town  in  which  the  agency waste-to  energy portion of the solid waste management-resource recovery facility is designated  to  be  located  by  resolution  of  the  county legislature.  The  appointments by the county executive and the chairman of the county legislature each shall be subject to confirmation  by  the county  legislature.  In  making  appointments  of  members,  the county executive and the chairman of the  county  legislature  shall  give  due consideration  to  the representation of diverse geographical areas. The first members appointed by the county executive shall be  appointed  for the  following  terms  of  office:    one  for a term ending on December thirty-first, nineteen hundred eighty-two; one  for  a  term  ending  on December thirty-first, nineteen hundred eighty-three; and two for a term ending on December thirty-first, nineteen hundred eighty-four. The first members  appointed  by  the  chairman of the county legislature shall be appointed for staggered terms of office ending on December  thirty-first in  each  of  the  years nineteen hundred eighty-two to nineteen hundred eighty-four, inclusive. The first members appointed by the mayor of  the city  of  Syracuse  shall  be  appointed  for  staggered terms of office ending, respectively, on December thirty-first  in  each  of  the  years nineteen  hundred  eighty-two  and nineteen hundred eighty-three, except that if such appointments were not made prior to such  dates,  then  the first  two  members  appointed  by  such  mayor  shall  be appointed for staggered terms of office ending, respectively, on December thirty-first in each of the  years  nineteen  hundred  ninety  and  nineteen  hundred ninety-one;  and  provided  further  that of the four additional members appointed pursuant to this subdivision by such mayor to the board  after July  thirty-first, nineteen hundred eighty-nine, two shall be appointed for terms of office ending on December  thirty-first,  nineteen  hundred ninety-one,  and  two  shall  be appointed for terms of office ending on December thirty-first, nineteen hundred ninety-two.   The  first  member appointed  by  the town board of the town of Camillus shall be appointed for a term of office ending on December thirty-first,  nineteen  hundred eighty-two.  The first member appointed by the town board of the town in  which   the   agency  sanitary  landfill  portion  of  the  solid  waste management-resource recovery facility is designated to be located or  is designated as the preferred site shall be appointed for a term of office ending  on December thirty-first, nineteen hundred ninety-one. The first member appointed by the town board of the  town  of  Onondaga  shall  be appointed for a term of office ending on December thirty-first, nineteen hundred eighty-three. Except as provided herein, subsequent appointments of  members  shall be made by the same appointing authorities for a term of three years ending in each case on December thirty-first of the  last year  of  such  term.  No  person  who  has  served  as a member for two consecutive terms shall be eligible for reappointment as a member for  a third  term,  except  after  an  interval  of  at least three years. All members shall  continue  to  hold  office  until  their  successors  are appointed  and qualify. Vacancies shall be filled in the manner provided for  original  appointments.  Vacancies,  occurring  otherwise  than  by expiration  of  term of office, shall be filled for the unexpired terms. Members may be removed from office for the same reasons and in the  same manner  as  may  be  provided  by law for the removal of officers of the county. The members of the agency  shall  receive  no  compensation  for their  services  but  shall  be  reimbursed  for  all  their  actual and necessary expenses incurred in connection with the carrying out  of  the purposes  of this title. The powers of the agency shall be vested in and be exercised by the governing body at a meeting duly called and held and six  members  shall  constitute  a  quorum  provided  that  after   July thirty-first,   nineteen   hundred   eighty-nine,  eight  members  shall constitute a quorum. No action shall be taken  except  pursuant  to  the favorable  vote  of  at  least  six  members  provided  that  after July thirty-first, nineteen hundred eighty-nine, no  action  shall  be  taken except  pursuant  to  the  favorable vote of at least eight members. The governing body may delegate to one or more  of  its  members,  officers, agents or employees such powers and duties as it may deem proper.   1-a.  Pursuant to a resolution adopted by the county legislature on or before the effective date of this subdivision designating a town as  the preferred  site  for  the  agency sanitary landfill portion of the solid waste management-resource recovery facility, the town board of such town may appoint a member to serve on the agency board until: (a) an explicit finding by resolution of the county  legislature  with  respect  to  the preferred  site,  pursuant to subdivision eight of section 8-0109 of the environmental conservation law; or (b) withdrawal of the preferred  site from   consideration   by  resolution  of  the  county  legislature  and designation of another preferred site in another town by  resolution  of such  legislature;  or (c) expiration of the term of the member from the town designated as the preferred site, whichever shall occur  first.  In the  event  that  an explicit finding has not been made by resolution of the county legislature with respect to the preferred site prior  to  the expiration  of  the  term,  the town board of the town designated as the preferred site by resolution of the  county  legislature  prior  to  the effective  date  of  this subdivision may reappoint such member or a new member for an additional term not to exceed one year. In the  event  the county  legislature  shall  designate  another preferred site in another town by a resolution, the term of the member then serving from the  town previously  identified  by such county legislature as the preferred site shall terminate on the effective date of such resolution and  the  newly designated  town  shall  succeed  to  the  rights  of the town initially identified as the preferred site, as shall be  true  of  any  subsequent town identified by resolution of the county legislature as the preferred site for the sanitary landfill; provided, however that the first term of any  such  member  shall  expire on December thirty-first of the year in  which he or she has been appointed. Upon adoption of a resolution by the county legislature making an explicit finding with respect to  the  site of  the sanitary landfill portion of the solid waste management-resource recovery  facility,  pursuant  to subdivision eight of section 8-0109 of the environmental conservation law, the town board of the town in  which such  sanitary  landfill  is designated to be located by such resolution may appoint one member  to  the  agency  board  to  succeed  the  member appointed  by  the  previously  identified  by  resolution of the county legislature as the preferred site for such landfill.   2. The  officers  of  the  agency  shall  consist  of  a  chairman,  a vice-chairman and a treasurer, who shall be members of the agency, and a secretary,  who  need not be a member of the agency. Such officers shall be appointed by the governing body and shall serve at  the  pleasure  of the  governing  body.  The  governing  body  may appoint and at pleasure remove an attorney and an engineer, which positions, in addition to  the position  of  secretary,  shall  be  in  the  exempt  class of the civil service, and such additional officers and employees as it may  determine necessary  for  the  performance of the powers and duties of the agency, and fix and determine their  qualifications,  duties  and  compensation, subject  to  the provisions of the civil service law. The governing body may also from time to time contract for  expert  professional  services. The  treasurer  shall  execute  a  bond,  conditioned  upon the faithful performance of the duties of his office, the amount and  sufficiency  of which  shall  be approved by the governing body and the premium therefor shall be paid by the agency.   3. Notwithstanding any inconsistent provision of any general,  special or  local  law,  ordinance, resolution or charter, no officer, member or employee  of  the  state,  any  municipality,  or  any  public   benefit corporation,  shall forfeit his or her office or employment by reason of his or her acceptance of appointment as  a  member,  officer,  agent  or employee of the agency, nor shall service as such member, officer, agent or  employee  be  deemed  incompatible  or in conflict with such office, membership or employment; provided, however,  that  no  public  official elected  to  his  or her office pursuant to the laws of the state or any municipality thereof may serve as a member of the governing body of  the agency during his or her term of office.   4.   (a)   The   county  executive  shall  file  on  or  before  March thirty-first,  nineteen  hundred  eighty-two,  in  the  office  of   the secretary of state, a certificate signed by the county executive setting forth:  (1)  the  name  of  the  agency;  (2)  the  names of the members appointed by the county executive and at least three  other  members  of the agency and their terms of office; and (3) the effective date of this title.  The  agency  shall be perpetual in duration, except that if such certificate is not filed with the secretary of state on or  before  such date,  then  the  corporate  existence  of  the  agency  shall thereupon terminate and it shall thereupon be deemed to be and shall be dissolved.  (b) Except as provided in  paragraph  (a)  of  this  subdivision,  the agency  and  its  corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect  so  long  as the  agency  shall  have  bonds  or other obligations outstanding unless adequate provision  has  been  made  for  the  payment  or  satisfaction thereof.  Upon  termination  of  the existence of the agency, all of the rights and properties of the agency then remaining  shall  pass  to  and vest in the county.   5.  In  addition  to  any  powers  granted  to  it  by law, the county legislature from time to time may  appropriate  by  resolution  sums  of money  to  defray  project  costs or any other costs and expenses of the agency, to be incurred prior to the first issuance of bonds. Subject  to  the  rights  of bondholders, the county legislature may determine if the moneys so appropriated shall be subject to repayment by  the  agency  to the  county  and,  in  such event, the manner and time or times for such repayment.   6.  The  agency  shall  not  be  deemed a successor in interest to the Onondaga  county  solid  waste  disposal  authority  for   any   purpose whatsoever. In the event that the county acquires any property from such authority  and  thereafter  transfers  such  property to the agency, the agency shall not by reason of receiving such property  become  obligated for  any indebtedness or liability of such authority. The agency, upon a determination that it is in the public interest, may assume and pay  any compromised  or  settled  claim  against  such  authority which shall be outstanding as of the date of the first issuance of  bonds.  Nothing  in this  title  shall  be  construed  to  require  the agency to assume any liability of such authority.   7. It is hereby determined and  declared,  that  the  agency  and  the carrying  out  of  its  powers  and  duties  are in all respects for the benefit of the people of the county and the state of New  York  for  the improvement  of  their  health,  welfare  and  prosperity  and that such purposes are public  purposes  and  that  the  agency  is  and  will  be performing  an  essential  governmental  function in the exercise of the powers conferred upon it by this title.