NY Pub Auth L § 2049-TT (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-FF - Oneida-Herkimer Solid Waste Management Authority 2049-TT - Pledge by Counties; Contracts With Municipalities; Powers of Municipalities.

§  2049-tt.  Pledge by counties; contracts with municipalities; powers   of municipalities. 1. The counties are hereby authorized  to  pledge  to   and agree with the holders of any bonds that the counties 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 counties and one or more  municipalities  within  the  area  of   operation,  or  the  authority  and  the  counties,  shall have power to   contract from time  to  time  between  or  among  themselves,  or  among   themselves  and  with  the  authority,  in  relation  to the collecting,   receiving, transporting, storage, processing or disposal of  recyclables   and/or  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 counties 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  county  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  county or municipality or minimum   amounts of solid waste and  providing  for  specified  minimum  periodic   payments  whether  or not such delivery of any such solid-waste is made;   (b) reserving to any such county or municipality, and  granting  by  the   authority  to  any  such  county  or  municipality,  a portion of or the   entirety of the capacity of a solid waste  management-resource  recovery   facility  as  any  such  county 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 counties 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 counties 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 counties 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.  For  the  purposes  of  this section, solid waste shall have the   meaning set  forth  in  subdivision  fifteen  of  section  two  thousand   forty-nine-bb  of  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. Upon the adoption of any local law, ordinance or   regulation  pursuant to this section, the counties 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, either or both counties, 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   counties may have under this section.4. The counties 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 counties may deem   proper and upon such terms and conditions as may be agreed upon  by  the   parties thereto.5.  The  counties  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 by the counties or other municipality   pursuant to this section may be for such term or duration, not to exceed   twenty-five years, as may be agreed upon by the parties thereto.7. 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.