NY Pub Auth L § 2046-F (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-C - Town of Islip Resource Recovery Agency 2046-F - Powers.

§ 2046-f. Powers. The agency shall have the power:1. To sue and be sued;2. To have a seal and alter the same at pleasure;3.  To  acquire,  hold or lease, in the name of the agency or to sell,   mortgage, lease, or  otherwise  dispose  of  property,  real,  personal,   mixed,  or  any  interest  therein, without limitation for its corporate   purposes,  provided that the agency may not acquire  any  real  property   without  the  town except with the consent of the town board of the town   in which such property is located or, if located within  the  boundaries   of a village, with the consent of the board of trustees of such village;4.  To  receive, collect, transport, process, dispose of, sell, store,   convey, recycle and deal with, in any lawful manner and way, solid waste   and any by-products thereof now or hereafter  developed  or  discovered,   including energy generated by the operation of any facility;5.  To  condemn  with  consent of town board and the supervisor in the   name of the agency, pursuant to the eminent domain  procedure  law,  any   real  property  within  the town required by the agency to carry out the   powers granted by this title;6. To plan, construct and develop projects and to have  the  right  to   contract in relation thereto with the town and with other municipalities   or  persons  within or without the town and to own, acquire and purchase   real property in connection therewith and to own and operate,  maintain,   repair,  improve,  reconstruct,  enlarge  and  extend,  subject  to  the   provisions of this title, any of its properties acquired or  constructed   under  this  title, and to sell, lease, mortgage or otherwise dispose of   any project or part thereof to any persons or municipality,  subject  to   such conditions and limitations as the agency may determine to be in the   public interest;7.  To assist in the planning, construction and development of and the   financing of the cost of any solid  waste  management-resource  recovery   facility to be located in the town whether or not such facility is to be   owned  or  operated by the agency, which assistance may include loans to   any   person   or   public   corporation.   Any   such    solid    waste   management-resource  recovery  facility  producing either electricity or   shaft  horsepower  and  useful  thermal  energy   shall   constitute   a   co-generation facility as defined in subdivision two-a of section two of   the public service law;8.  To  receive from the United States, the state, the town, any other   municipality or public corporation or person, or from such other sources   as the agency may deem proper, solid waste for the purpose of  treatment   or disposal thereof, with the right of the agency to sell and dispose of   any products or by-products of such process of treatment or disposal, as   the agency may deem proper;9.  To contract with the town, other municipalities, state agencies or   authorities, or persons for  the  purpose  of  receiving,  treating  and   disposing of solid waste by the agency;10. To adopt by-laws for the management and regulation of its affairs,   subject  to  agreements  with bondholders and noteholders, rules for the   receiving and disposing of solid waste and charges therefor. A  copy  of   such  rules  and  by-laws, and all amendments thereto, duly certified by   the secretary of the agency shall be filed in the office of the agency;11. To use officers or employees of the town, subject to  the  payment   to  the  town  by  the agency of a proper portion of the compensation or   costs for the services of such officers or employees;12. To make contracts and  to  execute  all  necessary  or  convenient   instruments,   including   evidences   of  indebtedness,  negotiable  or   non-negotiable; 13. To enter with  consent  of  the  town  supervisor  on  any  lands,   waterways  and premises for the purpose of making surveys, soundings and   examinations, and liability therefor shall not exceed actual damages;14.  To  borrow  money and to issue negotiable bonds or notes or other   obligations and to fund or refund the  same,  and  to  provide  for  the   rights of the holders of its bonds or notes;15.  To fix and collect rates, rentals, fees and other charges for the   use of the facilities of, or services rendered by,  or  any  commodities   furnished  by  the  agency  so  as to provide revenues sufficient at all   times to pay, as the same shall become due, the principal  and  interest   on the bonds, notes or other obligations of the agency together with the   maintenance  of  proper reserves therefor, in addition to paying, as the   same shall become due, the expenses of  operating  and  maintaining  the   properties  of  the  agency,  together  with  proper  reserves  for debt   service, depreciation,  maintenance  and  contingencies  and  all  other   obligations and indebtedness of the agency;16.  To  accept grants, loans or contributions from the United States,   the state or any agency or instrumentality of either  of  them,  or  any   municipality  or  individual, by bequest or otherwise, and to expend the   proceeds for any purposes of the agency,  providing  however,  that  any   resource  recovery facility or project constructed with state assistance   shall be designed and constructed using proven technology acceptable  to   the commissioner of environmental conservation;17.  To  do all things necessary or convenient to carry out the powers   expressly given in this title.