NY Pub Auth L § 2047-E (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-D - Dutchess County Resource Recovery Agency 2047-E - Powers of the Agency.

§ 2047-e. Powers of the agency. The agency shall have the power:1. To sue and be sued;2. To have a seal and alter the same;3.  To  acquire in the name of the agency, hold, sell, lease, mortgage   or otherwise dispose of  property,  real,  personal  or  mixed,  or  any   interest  therein,  without  limitation,  for  its  corporate  purposes;   provided,  however,  that  in  the  acquisition  of  any  real  property   designated  as  the  site  for  any  facility,  the  agency  shall  give   consideration to the present and any proposed land use character of  the   area  in  which  the  site  is  to  be  located  and  the zoning laws or   regulations, if any, otherwise generally applicable to such area.4. To take by eminent domain, subject to the approval  of  the  county   legislature and the county executive in the name of the agency, pursuant   to  the  eminent  domain procedure law, within the area of operation any   real property required by the agency to carry out the powers granted  by   this title.5.  To  collect, receive, transport, process, dispose of, sell, store,   convey, recycle, and deal with, in any  lawful  manner  and  way,  solid   waste and any products or by-products thereof now or hereafter developed   or  discovered,  including  any energy generated by the operation of any   solid waste management-resource recovery facility. Any such disposal  or   sale  may be effected on such terms and in such manner as the agency may   deem proper.6. To plan, develop and construct projects and to pay the cost thereof   and  to  have  the  right  to  contract   in   relation   thereto   with   municipalities  or  persons  within or without the county and to own and   operate, maintain, repair, improve, reconstruct,  enlarge,  and  extend,   subject to the provisions of this title, any of its projects acquired or   constructed  under this title, and to sell, lease, mortgage or otherwise   dispose of  any  project  or  part  thereof  to  any  person  or  public   corporation,  subject  to  such conditions and limitations as the agency   may determine to be in the public interest.7. To assist in the planning, development and construction of and  the   financing  of  the  cost of any solid waste management-resource recovery   facility to be located in the county whether or  not  such  solid  waste   management-resource  recovery 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 collect or receive  from  the  United  States,  the  state,  the   county,  any  other  municipality or public corporation or person, 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   (including energy) of such process of  treatment  or  disposal,  as  the   agency may deem proper;9.  To contract with the county, other municipalities, state agencies,   public corporations or persons within or without  the  county,  for  the   purpose  of collecting, receiving, treating and disposing of solid waste   including without limitation to contract with persons for  the  delivery   of  all  solid  waste generated within a stated area to a specific solid   waste management-resource recovery facility.10. To make by-laws for the management and regulation of  its  affairs   and,  subject  to agreements with bondholders, for the regulation of the   use of any project or other property of the agency,  which  by-laws  and   all  amendments  thereto, duly certified by the secretary of the agency,   shall be filed in the office of the agency and  in  the  office  of  the    clerk  of the county, and to provide for the enforcement of such by-laws   by legal or equitable proceedings  which  are  or  may  be  provided  or   authorized  by law. In addition, the county legislature shall have power   to  prescribe  that  violations  of specific by-laws of the agency shall   constitute offenses or infractions and provide  for  the  punishment  of   violations thereof by civil penalty.11.  With  the  consent  of  the  county executive, to use officers or   employees of the county and to pay a proper portion of the  compensation   or costs for the services for 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  on any lands with the consent of the county executive,   waterways and premises within the  county  for  the  purpose  of  making   surveys,  soundings,  and examinations, and liability therefor shall not   exceed actual damages.14. To borrow money and to issue bonds and to fund or refund the same,   and to provide for the rights of the holders thereof.15. Subject to any limitations imposed by  any  contract  pursuant  to   subdivision  two  of  section two thousand forty-six-t of this title, 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 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  gifts, grants, loans or contributions from the United   States, the state or any agency or instrumentality of either of them, or   any municipality or from any person, by bequest  or  otherwise,  and  to   expend the proceeds for any corporate purposes of the agency; and17.  To  negotiate  a  fee per ton of waste processed or other benefit   with the municipality hosting a solid waste management facility; and18. To do all things necessary or convenient to carry out  the  powers   expressly given in this title.