2023 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.