NY Pub Auth L § 2050-TT (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-H - Eastern Rensselaer County Solid Waste Management Authority 2050-TT - Pledge by Towns; Contracts With Municipalities; Powers of Municipalities.

§  2050-tt.  Pledge by towns; contracts with municipalities; powers of   municipalities. 1. The towns are hereby  authorized  to  pledge  to  and   agree  with  the  holders  of any bonds that the towns will not limit or   impair the rights hereby vested in the authority to purchase, construct,   own and operate, maintain, repair, improve, increase,  enlarge,  extend,   reconstruct,  renovate,  rehabilitate  or dispose of any project, or any   part or parts thereof, for which bonds of the authority shall have  been   issued,  to  establish  and collect rates, rents, fees and other charges   referred to in this title and to fulfill the  terms  of  any  agreements   made  with  the  holders  of the bonds or with any public corporation or   person with reference to such project or part thereof,  or  in  any  way   impair  the  rights  and  remedies  of the bondholders, until the bonds,   together  with  interest  thereon,  including  interest  on  any  unpaid   installments  of interest, and all costs and expenses in connection with   any action or proceeding by or on behalf of the  bondholders  are  fully   met and discharged.2.  The authority and the towns shall have power to contract from time   to time 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 solid waste management-resource recovery facility.   Any such contract to which the authority, the towns or any  municipality   within  the  area  of  operation  are  parties  may  include  provisions   stipulating the minimum and/or maximum rates, rentals,  fees  and  other   charges  to be collected for the use and availability of facilities. Any   contract may also include provisions:  (a) requiring any  such  town  or   municipality  to  deliver,  or  cause to be delivered, periodically to a   specified facility or facilities all or any portion of the  solid  waste   generated,  originated  or  brought within such town or municipality and   providing for specified minimum periodic payments whether  or  not  such   delivery of any such solid-waste is made; (b) reserving to any such town   or  municipality,  and  granting  by  the  authority to any such town or   municipality, a portion of or the entirety of the capacity  of  a  solid   waste   management-resource  recovery  facility  as  any  such  town  or   municipality determines is reasonably necessary to meet its present  and   reasonably   anticipated  needs  and  providing  for  specified  minimum   periodic payments in consideration thereof, or (c) requiring  the  towns   to  pay  such  amounts  as  shall  be  necessary to assure the continued   operation and solvency  of  the  authority,  all  such  payments  to  be   determined  and paid in such manner and at such times as may be provided   in such contract.3. To further the governmental and public purposes of  the  authority,   including  the  implementation  of  any  contract  or  proposed contract   contemplated by this title, and in recognition of the public  policy  of   the  state  in the area of the control and management of solid waste and   solid waste disposal activities to displace competition with  regulation   or  monopoly  public  control,  the  towns  and all other municipalities   within the area of operation, as instrumentalities of the  state,  shall   have the power to adopt and amend local laws, ordinances and regulations   imposing  appropriate  and  reasonable  limitations  on competition with   respect to collecting,  receiving,  transporting,  delivering,  storing,   processing  and disposing of solid waste or the recovery by any means of   any material or energy product or resource therefrom, including, without   limiting the generality of the foregoing, local laws requiring that  all   solid  waste  generated,  originated  or brought within their respective   boundaries, subject to such exceptions as may be determined to be in the   public  interest,  shall  be  delivered  to  a  specified  solid   waste   management-resource  recovery facility; provided, however, that any such    local law, ordinance or regulation  enacted  by  the  towns  shall  take   precedence  over  and shall supersede any inconsistent provisions of any   such  local  law,  ordinance  or  regulation  enacted   by   any   other   municipality  within  the area of operation. Any such local law shall be   adopted in accordance with the procedure provided by the municipal  home   rule  law,  except  that  no  such  local law shall be subject to either   mandatory or permissive referendum.  Any  such  local  law  may  include   provisions  for  the enforcement thereof and penalties for the violation   thereof, which may provide, but shall not be limited to providing,  that   any  violation of a local law shall constitute an offense or infraction,   and may provide that any violation may be  punished  by  civil  penalty,   fine  or  other monetary charge, and/or, the suspension or revocation of   permits or licenses granted by any other jurisdiction  with  respect  to   the  collecting,  receiving,  transporting, delivery or storing of solid   waste. Upon the adoption of  any  local  law,  ordinance  or  regulation   pursuant  to  this section, the towns or other municipality shall file a   verified copy of such  local  law,  ordinance  or  regulation  with  the   commissioner  of the department of environmental conservation; provided,   however, that the failure to so file such  a  local  law,  ordinance  or   regulation shall not invalidate such local law, ordinance or regulation.   Upon the adoption or amendment of any local law or ordinance pursuant to   section  one  hundred twenty-aa of the general municipal law, any or all   of the towns, by their respective legislative body,  is  authorized  and   empowered  to delegate and assign to the authority, in whole or in part,   by  contract  and  on  such  terms  as  the  parties  may   agree,   the   administration and implementation of the source separation and recycling   program.  Such delegation and assignment powers should be in addition to   any other contracting powers and authority the towns may have under this   section.For purposes of this subdivision, solid waste shall have  the  meaning   specified  in  this  title,  but  shall  not  include any scrap or other   material of value separated from the waste stream and held for  purposes   of materials recycling.4.  The  towns are hereby authorized to resell or otherwise dispose of   all or any  part  of  the  materials,  energy,  by-products  or  residue   purchased  from the authority pursuant to this section. Any resale of or   other disposition may be made in such  manner  as  the  towns  may  deem   proper  and  upon such terms and conditions as may be agreed upon by the   parties thereto.5. The towns and all other municipalities within the area of operation   shall have 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.6. 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 solid waste management-resource   recovery  facility, or part thereof, financed in whole or in part by the   authority.