NY Pub Auth L § 2706 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 29 - Development Authority of the North Country Act 2706 - Special Powers of Participating Counties and Municipalities With Respect to Certain Facilities.

§  2706.  Special  powers of participating counties and municipalities   with respect to certain facilities. 1. Any participating county and  one   or  more  municipalities within the participating county, shall have the   power to enter into contracts, leases or agreements from  time  to  time   between  or  among themselves and with the United States, or between and   among themselves and  the  United  States  and  with  the  authority  in   connection  with  a  solid  waste management facility in relation to the   collecting, receiving, transporting, storage, processing or disposal  of   solid  waste  or  for  the  purchase  or  use  of any materials, energy,   by-products or residue generated by or resulting from the  operation  of   any  such  solid  waste  management facility; in connection with a sewer   facility  in  relation  to  the  collection,  receiving,   transporting,   storage,  processing or disposal of sewage or for the purchase or use of   any materials, energy, by-products or residue generated by or  resulting   from  the  operation  of  any  such sewer facility; in connection with a   water  facility  in  relation  to  the  supplying,  providing,  storage,   processing, purification, transportation, distribution and sale of water   resulting  from  or used in connection with any such water facility. Any   such contract, lease or agreement to which any participating  county  or   any  municipality  is  a  party  may  include provisions stipulating the   minimum rates, rentals, fees and other charges to be collected  for  the   use  of  any such services, the availability of such services, including   demand charges, and for the use and availability of such facilities  and   to  pay  all  amounts  due  under  the  contracts,  which may be amounts   calculated to provide for payment and security for any bonds  including,   without  limitation,  such  debt service coverage as the authority deems   adequate for the bonds.  Any such contract lease or agreement  to  which   the  authority  or  any  participating  county  or  any municipality are   parties may include provisions (i) in  connection  with  a  solid  waste   management-resource  recovery  facility  obligating  such  participating   county or municipality to deliver or cause to be delivered, periodically   to a solid waste management facility all or any  portion  of  the  solid   waste  generated  in  such  participating  county  or  municipality  for   processing or disposal and to make periodic payments for such processing   or disposal whether or not delivery of any such  solid  waste  shall  be   made,  subject  only  to such exceptions, terms and conditions as may be   provided therein; (ii) in connection with a  sewer  facility  obligating   such  participating  county  or municipality to transport or cause to be   transported to a sewer  facility  all  or  any  portion  of  the  sewage   generated in such participating county or municipality for processing or   disposal  and to make periodic payments for such processing and disposal   whether or not any sewer is transported to the sewer facility  for  such   processing  or  disposal,  subject  only  to  such exceptions, terms and   conditions as may be provided therein; (iii) in connection with a  water   facility  obligating such participating county or municipality to obtain   or cause to be obtained from a water facility all or any portion of  the   water  used or consumed in such participating county or municipality and   to make periodic payments for the supply of such water  whether  or  not   any  water  is used or consumed from such facility, subject only to such   exceptions, terms and conditions as may be provided therein. To  further   the  governmental  and  public  purposes of the authority, including the   implementation of any contract or proposed contract contemplated by this   title, any  participating  county  and  all  municipalities  within  any   participating  county  shall  have  power  to adopt and amend local laws   imposing  appropriate  and   reasonable   limitations   on   competition   including,  without limiting the generality of the foregoing, local laws   requiring that all solid waste  generated  or  originated  within  their   respective boundaries or portions thereof, subject to such exceptions as    may  be determined to be in the public interest, shall be delivered to a   specified solid waste management facility or facilities; that all sewage   generated or originated within their respective boundaries  or  portions   thereof,  subject  to  such exceptions as may be determined to be in the   public interest, shall be delivered to a specified  sewage  facility  or   facilities;  that  all  water  used  or consumed within their respective   boundaries or portion thereof, subject to  such  exceptions  as  may  be   determined  to be in the public interest, shall be supplied, transported   or distributed by a specified water facility or facilities.    Any  such   local  law shall be adopted in accordance with the procedure provided by   the municipal home rule law. Nothing contained in this  title  shall  be   deemed  or  construed  to  alter  the power granted under section twenty   hundred forty-eight-s of this chapter.2. Each participating county and  each  such  municipality  is  hereby   authorized  to  resell  or  otherwise  dispose of all or any part of the   materials,  energy,  by-products  or  residue  purchased,  received   or   obtained from the authority pursuant to subdivision one of this section.   Any  resale  or  other  disposition  may  be made in such manner as such   participating county or such municipality may deem proper and upon  such   terms and conditions as may be agreed upon by the parties thereto.3. Each participating county and each such municipality shall have the   power  to  perform  such other acts, to enter into such other contracts,   including  contracts  between  or   among   themselves,   execute   such   instruments  and  to  undertake  such  future  proceedings  as  shall be   determined necessary or desirable to  effectuate  the  purpose  of  this   title,  including the making of gifts, grants, loans or contributions to   the authority.4. Notwithstanding any other  law,  general,  special  or  local,  any   contract  entered  into  by  a  participating  county or municipality in   connection with, or in any manner relating to any  project  may  be  for   such  term  or  duration  as  may be agreed upon by the parties thereto,   including that any such contract may provide that the same shall  remain   in  full  force  and  effect  so  long  as  the  bonds  issued for or in   connection with such project,  including  any  renewals  thereof,  shall   remain  outstanding  or  until  adequate provision has been made for the   payment or satisfaction thereof.5. Any contract entered into pursuant to this  section  to  which  the   authority  shall  be a party may be pledged by the authority as security   for any issue of bonds, and may be assigned, in whole or in part, by the   authority to any public corporation or  person  which  shall  construct,   purchase,  lease  or  otherwise  acquire  any  project, or part thereof,   financed in whole or in part by the authority.