2023 New York Laws › GMU - General Municipal › Article 6 - Public Health and Safety › 120-BB - Town of Huntington Solid Waste Management Resource Recovery Facility; Tax Exemption; Other Contractual Provisions Related to Towns of Huntington And

§  120-bb. Town of Huntington solid waste management resource recovery
facility; tax exemption; other contractual provisions related  to  towns
of   Huntington  and  Smithtown.  1.  Notwithstanding  any  inconsistent
provision of article twenty-eight of  the  tax  law,  or  of  any  other
general, special or local law respecting taxation, the receipts from the
sale  of  all  tangible  personal  property  purchased  by a contractor,
subcontractor or repairman for use in  erecting,  repairing,  replacing,
improving  or  altering  a  solid  waste  management  resource  recovery
facility within the town of Huntington,  as  such  term  is  defined  in
section  one  hundred  twenty-w  of  this  article,  where such property
becomes an integral component part of such  facility,  shall  be  exempt
from  the  tax  on retail sales imposed under subdivision (a) of section
eleven hundred five and the compensating use tax imposed  under  section
eleven hundred ten of the tax law provided that:
(a)  title  to the real property upon which the solid waste management
resource recovery facility is to be situated is  held  by  the  town  of
Huntington;
(b)  the  environmental facilities corporation has caused to be issued
bonds of  the  corporation  for  financing  in  whole  or  in  part  the
construction of such solid waste management resource recovery facility;
(c)  the  vendor  has  entered  into  a site lease, easement or rental
agreement with such town relating to the site of the proposed facility;
(d)  prior  to  the  issuance  of  a  permit  by  the  department   of
environmental  conservation  authorizing  the operation of the facility,
the town of Huntington and the town of Smithtown shall each have adopted
and put into effect and maintained in effect a local ordinance providing
for the separation of solid waste into recyclable,  reusable  and  other
components pursuant to section one hundred twenty-aa of this article.
1-a. As long as the criteria set forth in paragraphs (a), (b), (c) and
(d)  of  subdivision  one  of this section are satisfied, a vendor under
this section, shall be afforded the same treatment, with respect to  the
imposition of the sales and compensating use taxes imposed under article
twenty-eight  of the tax law as the environmental facilities corporation
is pursuant to subdivision eight of section twelve hundred ninety-six of
the public authorities law, on any purchase or use of tangible  personal
property.
2.  Notwithstanding  any  provision of law, general, special or local,
relating to taxation to the contrary, any mortgage, security interest or
other lien granted on any interest in  the  real  or  personal  property
comprising  the solid waste management resource recovery facility by the
owner, lessee or sublessee thereof shall be exempt  from  any  mortgage,
recording,  stamp  or  other  similar  tax  imposed  by the state or any
municipality or political subdivision thereof, with the same  effect  as
if  the  environmental  facilities  corporation  were  the owner of such
facility and  the  mortgagor  or  grantor  of  such  mortgage,  security
interest  or  lien,  as  the  case  may  be,  and section twelve hundred
ninety-six of  the  public  authorities  law  were  applicable  to  such
facility.
3.  (a)  Pursuant  to  a  joint agreement under article five-G of this
chapter, the town of Huntington and the town of Smithtown,  without  any
new  or  additional  competitive  procurement  which  would otherwise be
required by section one hundred twenty-w of this article, may enter into
a contract, amendment or supplement with the vendor with which the  town
of  Huntington  has  previously  executed  a  contract  on or before the
effective date of this section, for the design, construction, operation,
financing, ownership or maintenance of a solid waste management-resource
recovery facility within the town of Huntington as may be necessary  for
the  purpose  of expanding the facility and the services contemplated by

such original contract in order to accommodate  the  disposal  of  solid
waste from the town of Smithtown.
(b)   The  waiver  of  compliance  with  the  competitive  procurement
provisions of such  section  one  hundred  twenty-w  shall  be  strictly
limited  in  application  to  the  undertaking  and  completion  of such
additional design and construction at such facility as is  necessary  to
accommodate  the  disposal  of  solid  waste from the town of Smithtown.
Notwithstanding such waiver,  the  provisions  of  section  two  hundred
twenty  of  the  labor  law  shall  be  applicable  to construction work
undertaken pursuant to such contract amendment or supplementation.
(c)  Any  expansion  of  the  proposed  Huntington  resource  recovery
facility  pursuant  to this section shall be in full accordance with the
rules and regulations promulgated by  the  department  of  environmental
conservation for the construction and operation of municipal solid waste
incineration facilities permitted on or after the effective date of this
section.
4. The town of Smithtown shall have the power to adopt and amend local
laws 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 local
laws requiring that all solid waste  generated,  originated  or  brought
within  its  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  enacted  by  the  town shall take precedence and shall
supersede any inconsistent provisions of any  local  law  enacted  by  a
municipality  within  the  town.  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. For purposes of this section  solid  waste  shall
not  include  any  scrap  or  other material of value separated from the
waste stream and held for purposes of materials recycling.
5. Notwithstanding the provisions of any other law,  general,  special
or  local,  relating  to  the  length, duration and terms of contracts a
municipality may  enter  into,  or  relating  to  the  method  by  which
contracts  may  be entered into, the town of Huntington may enter into a
lease, easement or rental agreement relating to the site of the proposed
Huntington resource recovery facility and to the proposed facilities  to
be  constructed  thereon with the vendor upon such terms and conditions,
for such consideration and for such term and  duration,  not  to  exceed
forty  years,  as  may  be agreed upon by the town of Huntington and the
vendor, provided that any agreement providing for payment by the town of
Huntington for resource recovery services to be provided  at  such  site
may  not  exceed twenty-five years in duration, except as such agreement
may be extended in accordance with section one hundred twenty-w of  this
article.
6.  Notwithstanding  any  inconsistent  provision  of  section  twelve
hundred ninety of the public authorities law or of any  other  provision
of  state  law,  the  bonds and any renewals thereof to be issued by the
environmental facilities corporation for the  purposes  of  constructing
the  solid  waste  management  resource recovery facility in the town of
Huntington shall mature at such time as the resolution authorizing  such
issuance  provides  but not exceeding twenty-five years from the date of
the original issuance of such bonds.
7. For purposes of this section, the  term  "vendor"  shall  mean  any
constructor  or  operator  together with any successors or assigns, of a
solid waste management-resource recovery facility located in the town of

Huntington and intended to dispose of municipal solid waste pursuant  to
an agreement with the town of Huntington.