reglab/statecodes huggingface dataset:
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-OO - Actions Against Authority.

§  2049-oo.  Actions  against  authority.  1.  Except in an action for
  wrongful death, no action or special proceeding shall be  prosecuted  or
  maintained  against  the authority for personal injury or damage to real
  or personal property alleged to have been sustained  by  reason  of  the
  negligence  or  wrongful act of the authority or of any member, officer,
  agent or employee thereof, unless (a) a notice of claim shall have  been
  made  and  served  upon  the  authority  within the time limit by and in
  compliance with section fifty-e of the general  municipal  law,  (b)  it
  shall  appear  by and as an allegation in the complaint or moving papers
  that at least thirty days have elapsed since the service of such  notice
  and  that  adjustment  or payment thereof has been neglected or refused,
  and (c) the action or special proceeding shall be commenced  within  one
  year  and  ninety  days  after the happening of the event upon which the
  claim is based. An action against the authority for wrongful death shall
  be commenced in accordance with the notice of claim and time  limitation
  provisions  of title eleven of article nine of this chapter.  Actions to
  recover damages for personal injury or injury to property caused by  the
  latent   effects   of  exposure  to  any  substance  or  combination  of
  substances, in any form, upon or within the  body,  or  upon  or  within
  property,  shall  be  governed  by section two hundred fourteen-c of the
  civil practice law and rules.
2. Wherever a notice of claim is served upon the authority,  it  shall
  have  the right to demand an examination of the claimant relative to the
  occurrence and extent of the injuries or  damages  for  which  claim  is
  made,  in  accordance  with  the  provisions  of  section fifty-h of the
  general municipal law.
3. The authority may require any person, presenting for settlement  an
  account  or  claim  for  any  cause whatever against the authority to be
  sworn before a member, counsel or an attorney, officer  or  employee  of
  the  authority  designated  for such purpose, concerning such account or
  claim and when so sworn, to answer orally as to any  facts  relative  to
  such  account  or  claim.  The  authority  shall have power to settle or
  adjust all claims in favor of or against the authority.
4. The rate of interest to be paid by the authority upon any  judgment
  for which it is liable, other than a judgment on its bonds, shall be the
  rate  prescribed  by  section  three-a  of  the  general  municipal law.
  Interest on payments of principal or interest on any  bonds  in  default
  shall  accrue  at the rate borne by such bonds from the due date thereof
  until paid or otherwise satisfied.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-PP - Contracts.

§  2049-pp. Contracts. All contracts or orders, for work, material and
  supplies performed or furnished in connection with  construction,  shall
  be  awarded,  when  applicable, pursuant to paragraph (e) of subdivision
  four of section one hundred twenty-w of the general  municipal  law  and
  such  award shall be made by the authority pursuant to resolution of the
  governing body except as hereinafter provided. The authority,  upon  the
  receipt  of  proposals  pursuant  to  a  request for proposals issued in
  accordance with paragraph (e) of subdivision four of section one hundred
  twenty-w of the general municipal law, may,  in  its  discretion,  defer
  public  announcement  of  proposed  bids  to  facilitate and enhance the
  authority's  ability  to  enter  into  negotiations  with  one  or  more
  proposers  until such time as the authority shall determine to be in the
  best interest of the project, but in no event later than the date of the
  award of the contract. In any construction contract, the  authority  may
  provide  a  program  for the payment of damages for delays and incentive
  awards in order to encourage timely project completion. An action,  suit
  or  proceeding contesting the validity of a contract awarded pursuant to
  this section, or the validity of the procedures relating to such  award,
  shall  be  governed  by the provisions of subdivision six of section one
  hundred  twenty-w  of  the  general   municipal   law   and   the   term
  "municipality" as used in such subdivision six shall mean the authority.
  Every  contract  when made and entered into as herein provided for shall
  be executed in duplicate, one  copy  of  which  shall  be  held  by  the
  authority  and  one  copy of which shall be delivered to the contractor.
  The authority may adopt, utilize, ratify and  confirm  any  request  for
  proposals, invitation for sealed bids, plans, specifications and notices
  heretofore or hereafter published by either of the counties with respect
  to  any  proposed  project, and the authority may adopt, utilize, accept
  and confirm any bids or proposals submitted to either  of  the  counties
  and  heretofore  and  hereafter  received  and  publicly  opened by such
  county. The provisions of this section shall supersede any  inconsistent
  provisions  of  the general municipal law, any other general, special or
  local law, or the charter of either county.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-QQ - Interest in Contracts Prohibited.

§ 2049-qq. Interest in contracts prohibited. It shall be a misdemeanor
  for  any  member of the governing body or any officer, agent, servant or
  employee of the authority  to  be  in  any  way  of  manner  interested,
  directly  or  indirectly, in the furnishing of work, materials, supplies
  or labor, or in any contract therefor which the authority  is  empowered
  by this title to make.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-RR - Audit and Annual Report.

§  2049-rr. Audit and annual report. In conformity with the provisions
  of section five of article ten of the state constitution,  the  accounts
  of  the  authority  shall  be  subject  to  the supervision of the state
  comptroller. The authority shall annually submit  to  the  governor  and
  state  comptroller  and  to  the  state  legislature  a  detailed report
  pursuant to the provisions of section  two  thousand  eight  hundred  of
  title  one  of  article  nine of this chapter, and a copy of such report
  shall be filed with the chairman of each legislative body. The authority
  shall comply with the provisions of sections two thousand eight  hundred
  one, two thousand eight hundred two and two thousand eight hundred three
  of title one of article nine of this chapter.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-SS - Limited Liability.

§  2049-ss.  Limited  liability.  Neither the members of the governing
  body, nor any municipality, officer or employee acting  in  its  behalf,
  while  acting  within  the scope of their authority, shall be subject to
  any personal liability resulting from the construction,  maintenance  or
  operation of any of the properties of the authority or from carrying out
  any of the powers expressly given in this title; provided, however, that
  this section shall not be held to apply to any independent contractor.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-UU - Solid Waste Facility Reserve Fund.

§  2049-uu.  Solid waste facility reserve fund. The legislative bodies
  of the counties may establish a special fund, to be known as solid waste
  facility reserve fund of such county. There shall be  credited  to  such
  reserve fund all amounts paid to such county and specifically designated
  by the payor for deposit in such reserve fund, together with such county
  moneys as may be appropriated thereto from time to time.  Moneys in such
  reserve funds may be appropriated only for the purpose of paying amounts
  due  from  the  county  under  the  terms  of  any contract entered into
  pursuant to this title, for which an insufficient or  no  provision  has
  otherwise been made, except that upon the adoption of a resolution by at
  least  a  two-third  vote  of  the  voting  strength  of  such  counties
  legislative body, all or any portion of the moneys in such reserve  fund
  may  be  transferred to any other reserve fund established by the county
  pursuant to the general municipal law. To the  extent  not  inconsistent
  with the provisions of this section, the management of such reserve fund
  and  the investment of moneys therein shall be subject to the provisions
  of section six-h of the general municipal law.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-VV - Transfer of Environmental Applications, Proceedings, Approvals and Permits.

§   2049-vv.  Transfer  of  environmental  applications,  proceedings,
  approvals and permits. 1. Any application in relation to the purposes of
  or contemplated by  this  title  heretofore  filed,  or  any  proceeding
  heretofore  or  hereafter  commenced, by either of the counties with the
  state  department  of  environmental  conservation,  the  department  of
  transportation  or  any other state authority or instrumentality or with
  the United States environmental protection agency or any  other  federal
  authority  or  instrumentality shall inure to and for the benefit of the
  authority to the same extent and in the same manner as if the  authority
  had  been  a party to such application or proceeding from its inception,
  and the authority shall be deemed a party thereto,  to  the  extent  not
  prohibited by any federal law. Any license, approval, permit or decision
  heretofore  or hereafter issued or granted pursuant to or as a result of
  any such application or proceeding shall inure to the benefit of and  be
  binding upon the authority and shall be assigned and transferred by such
  county  to  the  authority,  unless  such  assignment  and  transfer  is
  prohibited by federal law.
2. All such applications, proceedings,  licenses,  approvals,  permits
  and  decisions  shall  further  inure  to  and for the benefit of and be
  binding upon any person leasing,  constructing,  maintaining,  using  or
  occupying any facility financed in whole or in part by the authority.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-WW - Preference for Actions or Proceedings Against Authority.

§  2049-ww.  Preference  for actions or proceedings against authority.
  Any action or proceeding to which the authority or  the  people  of  the
  state may be parties, in which any question arises as to the validity of
  this  title, shall be preferred over all other civil causes of action or
  cases, except election causes of action or cases, in all courts  of  the
  state and shall be heard and determined in preference to all other civil
  business  pending  therein,  except  election  causes,  irrespective  of
  position on the calendar. The same  preference  shall  be  granted  upon
  application  of the authority or its counsel in any action or proceeding
  questioning the validity of this title in which  the  authority  may  be
  allowed  to  intervene. The venue of any such action or proceeding shall
  be laid in the supreme court of the county in which the principal office
  of the authority is located.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-XX - Separability.

§  2049-xx.  Separability. If any section, clause or provision in this
  title shall  be  held  by  a  court  of  competent  jurisdiction  to  be
  unconstitutional  or ineffective in whole or in part, to the extent that
  it is not  unconstitutional  or  ineffective,  it  shall  be  valid  and
  effective,  and  no  other section, clause or provision shall on account
  thereof be deemed invalid or ineffective.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-YY - Effect of Inconsistent Provisions.

§   2049-yy.   Effect  of  inconsistent  provisions.  Insofar  as  the
  provisions of this title are inconsistent with  the  provisions  of  any
  other  act,  general  or  special, or of any county charter or any local
  law, ordinance or resolution of the counties or any other  municipality,
  the  provisions of this title shall be controlling. Nothing contained in
  this section shall be held to supplement or otherwise expand the  powers
  or  duties  of  the authority otherwise set forth in this title. Nothing
  contained in this title shall be held to alter or abridge the powers and
  duties of the department of environmental conservation or the department
  of health.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-D - Transfer of Property to Agency; Acquisition of Property by County for Agency.

§  2050-d.  Transfer of property to agency; acquisition of property by
  county for agency. 1. The county or any  other  municipality  may  give,
  grant, sell, convey, loan, license the use of or lease to the agency any
  property  or facility which is useful in connection with the exercise by
  the agency of its powers under this title. Any such gift,  grant,  sale,
  conveyance,  loan,  license  or  lease  shall  be  upon  such  terms and
  conditions, subject to the rights of the holders of any  bonds,  as  the
  agency and the county or other municipality may agree.
2. The county may acquire by purchase or condemnation real property in
  the name of the county for any corporate purpose of the agency.
3.  Notwithstanding  the provisions of any other law, general, special
  or local, real property acquired by the agency or the  county  from  the
  state may be used for any corporate purpose of the agency.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-F - Governmental Capacity of the Agency and Municipalities.

§  2050-f. Governmental capacity of the agency and municipalities. The
  county, other  municipalities  within  the  county  and  the  agency  in
  carrying  out  their respective powers and duties under this title shall
  be deemed to be acting in a  governmental  capacity.  The  construction,
  operation and maintenance of any project financed in whole or in part by
  the  agency,  shall  be  deemed  to  be  the performance of an essential
  governmental function by the agency acting in its governmental capacity,
  whether such project shall be owned or operated by the agency or by  any
  person or other public corporation.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-G - Transfer of Officers and Employees.

§  2050-g. Transfer of officers and employees. Any officer or employee
  of the county or a municipality under civil  service,  selected  by  the
  agency  may, with the consent of the chairman of the county legislature,
  be transferred to the agency and shall be eligible for such transfer and
  appointment, without examination, to applicable offices,  positions  and
  employment  under  the agency. The salary or compensation of any officer
  or employee, after such transfer, shall be paid by the agency.  Any such
  officers or employees so transferred to  the  agency  pursuant  to  this
  section,  who  are  members  of or benefit under any existing pension or
  retirement  fund  or  system,  shall  continue  to  have   all   rights,
  privileges,  obligations  and status with respect to such fund or system
  as are now prescribed by law, but during the period of their  employment
  by  the  agency, all contributions to such funds or system to be paid by
  the employer on account of such officers or employees shall be  paid  by
  the  agency. All such officers or employees so transferred to the agency
  who have been appointed to positions under the rules and classifications
  of the personnel officer of the county shall have the same  status  with
  respect  thereto  after  transfer  to the agency as they had under their
  original appointment.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-J - State, County and Municipalities Not Liable on Agency Bonds.

§ 2050-j. State, county and municipalities not liable on agency bonds.
  Neither  the  state,  the  county  nor  any other municipality or public
  corporation shall be liable on the bonds of the agency  and  such  bonds
  shall  not  be a debt of the state, the county or any other municipality
  or public corporation and such bonds shall contain on the face  thereof,
  a statement to such effect.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-K - Moneys of the Agency.

§ 2050-k. Moneys of the agency. All moneys of the agency from whatever
  source derived shall be paid to the treasurer of the agency and shall be
  deposited  forthwith  in interest-bearing accounts in a bank or banks in
  the state designated by the governing body. The moneys in such  accounts
  shall  be  paid  out  on  check of the treasurer upon requisition by the
  governing body or of such other person or persons as the governing  body
  may  authorize  to  make  such requisitions. All deposits of such moneys
  shall be secured by obligations of the United States or of the state  or
  of  the  county or any municipality of a market value equal at all times
  to the  amount  on  deposit  and  all  banks  and  trust  companies  are
  authorized  to  give  such  security for such deposits. The agency shall
  have power, notwithstanding the provisions of this section, to  contract
  with  the  holders of any bonds as to the custody, collection, security,
  investment and payment of any moneys of the agency or any moneys held in
  trust or otherwise for the payment of bonds or  in  any  way  to  secure
  bonds and carry out any such contract notwithstanding that such contract
  may  be inconsistent with the provisions of this section. Moneys held in
  trust or otherwise for the payment of bonds or  in  any  way  to  secure
  bonds  and  deposits of such moneys may be secured in the same manner as
  moneys of the agency and all banks and trust companies are authorized to
  give such security for such deposits.  Any  moneys  of  the  agency  not
  required for immediate use or disbursement may, at the discretion of the
  agency,  be  invested  in  those  obligations  specified pursuant to the
  provisions of section ninety-eight-a of the state finance  law.  Subject
  to the provisions of any contract with bondholders and with the approval
  of the comptroller, the agency shall prescribe a system of accounts.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-L - Bonds Legal Investment for Fiduciaries.

§  2050-l.  Bonds  legal  investment for fiduciaries. The bonds of the
  agency are hereby made securities in  which  all  public  officials  and
  bodies  of the state and all municipalities, all insurance companies and
  associations and other persons carrying on an  insurance  business,  all
  banks, bankers, trust companies, savings banks and savings associations,
  including  savings and loan associations, investment companies and other
  persons carrying on a banking business, and  administrators,  guardians,
  executors,   trustees  and  other  fiduciaries  and  all  other  persons
  whatsoever, who are now or may hereafter  be  authorized  to  invest  in
  bonds  or other obligations of the state may properly and legally invest
  funds including capital in their control or belonging to them. The bonds
  are also hereby made securities which may be deposited with and  may  be
  received  by  all  public  officers  and  bodies  of  this state and all
  municipalities for any purposes for which the deposit of bonds or  other
  obligations of this state is now or hereafter may be authorized.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-M - Agreement With the State.

§  2050-m.  Agreement  with the state. The state does hereby pledge to
  and agree with the holders of any bonds issued by the agency pursuant to
  this title that the state will not alter  or  limit  the  rights  hereby
  vested  in the agency to purchase, construct, maintain, operate, repair,
  improve, increase, enlarge, extend, reconstruct, renovate,  rehabilitate
  or dispose of any project, or any part or parts thereof, for which bonds
  of  the  agency  shall have been issued, to establish and collect rates,
  rents, fees and other charges referred to in this title, to fulfill  the
  terms  of  any  agreement made with or for the benefit of the holders of
  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
  bondholders,  until  the bonds, together with the interest thereon, with
  interest on any unpaid installments  of  interest,  and  all  costs  and
  expenses  in connection with any action or proceeding by or on behalf of
  such holders, are fully met  and  discharged;  provided,  however,  that
  nothing  in this section shall limit the ability of the state to enforce
  environmental and public  health  laws.  The  agency  is  authorized  to
  include  this  pledge  and  agreement of the state in any agreement with
  bondholders.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-N - Exemption From Taxes, Assessments and Certain Fees.

§ 2050-n. Exemption from taxes, assessments and certain fees. 1. It is
  hereby  determined  that the creation of the agency and the carrying out
  of its corporate purposes is in all respects  for  the  benefit  of  the
  people  of  the  county  and  the  state and is a public purpose and the
  agency shall be regarded as performing a governmental  function  in  the
  exercise  of the powers conferred upon it by this title and shall not be
  required to pay any taxes or assessments upon any property owned  by  it
  or   under   its  jurisdiction,  control  or  supervision  or  upon  its
  activities, or any filing,  recording  or  transfer  fees  or  taxes  in
  relation  to  instruments filed, recorded or transferred by it or on its
  behalf. The construction, use, occupation or possession of any  property
  owned  by  the  agency or the county, including improvements thereon, by
  any person or public corporation under a lease, lease  and  sublease  or
  any other agreement shall not operate to abrogate or limit the foregoing
  exemption,  notwithstanding that the lessee, user, occupant or person in
  posssession shall claim ownership for federal income tax  purposes.  The
  agency  shall  be  deemed a public authority for the purposes of section
  four hundred twelve of the real property tax law.
2. Any bonds issued pursuant to this title together  with  the  income
  therefrom  as  well  as  the property of the agency shall be exempt from
  taxes, except for transfer and estate taxes. The state hereby  covenants
  with  the  purchasers and with all subsequent holders and transferees of
  bonds issued by the agency pursuant to this title, in  consideration  of
  the  acceptance  of  any  payment  for  the bonds, that the bonds of the
  agency issued pursuant to this title and the income  therefrom  and  all
  revenues,  moneys  and  other  property pledged to secure the payment of
  such bonds shall at all times be free from taxation, except for transfer
  and estate taxes.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-O - Actions Against Agency.

§  2050-o. Actions against agency. 1. Except in an action for wrongful
  death, no action or special proceeding shall be prosecuted or maintained
  against the agency for personal injury or damage  to  real  or  personal
  property  alleged  to have been sustained by reason of the negligence or
  wrongful act of the agency or of any member, officer, agent or  employee
  thereof,  unless  (a)  a notice of claim shall have been made and served
  upon the agency within the time limit by and in compliance with  section
  fifty-e  of  the general municipal law, (b) it shall appear by and as an
  allegation in the complaint or moving papers that at least  thirty  days
  have  elapsed  since  the  service of such notice and that adjustment or
  payment thereof has been neglected or refused, and  (c)  the  action  or
  special  proceeding  shall  be commenced within one year and ninety days
  after the happening of the event upon  which  the  claim  is  based.  An
  action  against  the  agency  for  wrongful  death shall be commenced in
  accordance with the notice of claim and time  limitation  provisions  of
  title eleven of article nine of this chapter. Actions to recover damages
  for  personal  injury or injury to property caused by the latent effects
  of exposure to any substance or combination of substances, in any  form,
  upon  or within the body or upon or within property shall be governed by
  section two hundred fourteen-c of the civil practice law and rules.
2. Wherever a notice of claim is served upon the agency, it shall have
  the right to demand an examination  of  the  claimant  relative  to  the
  occurrence  and  extent  of  the  injuries or damages for which claim is
  made, in accordance with  the  provisions  of  section  fifty-h  of  the
  general municipal law.
3.  The  agency  may  require any person, presenting for settlement an
  account or claim for any cause whatever against the agency to  be  sworn
  before  a  member,  counsel  or  an attorney, officer or employee of the
  agency designated for such purpose, concerning such account or claim and
  when so sworn, to answer orally as to any facts relative to such account
  or claim. The agency shall have power to settle or adjust all claims  in
  favor of or against the agency.
4. The rate of interest to be paid by the agency upon any judgment for
  which  it  is  liable,  other than a judgment on its bonds, shall be the
  rate prescribed  by  section  three-a  of  the  general  municipal  law.
  Interest  on  payments  of principal or interest on any bonds in default
  shall accrue at the rate borne by such bonds from the due  date  thereof
  until paid or otherwise satisfied.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-P - Contracts.

§  2050-p.  Contracts.  All contracts or orders, for work, material or
  supplies performed or furnished in connection with  construction,  shall
  be  awarded  by  the agency pursuant to resolution of the governing body
  except as hereinafter provided. Such awards, when applicable,  shall  be
  made  in  compliance  with  the general municipal law. Prior to entering
  into any contract, the agency shall seek the  opinion  of  the  attorney
  general with respect to conformance of such contract with the anti-trust
  laws,  and of the comptroller with respect to conformance to the general
  municipal law. The agency may execute any contract  within  thirty  days
  after such opinions are sought, whether nor not they have been received.
  In  any  construction contract, the agency may provide a program for the
  payment of damages for delays and incentive awards in order to encourage
  timely project completion. An action, suit or proceeding contesting  the
  validity of a contract awarded pursuant to this section, or the validity
  of  the  procedures  relating  to  such  award, shall be governed by the
  provisions of subdivision six of section one  hundred  twenty-w  of  the
  general  municipal  law  and  the  term  "municipality"  as used in such
  subdivision six shall mean the agency.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-Q - Interest in Contracts Prohibited.

§  2050-q. Interest in contracts prohibited. It shall be a misdemeanor
  for any member of the governing body or any officer, agent,  servant  or
  employee  of  the agency to be in any way or manner interested, directly
  or indirectly, in the furnishing of work, materials, supplies or  labor,
  or  in any contract therefor which the agency is empowered by this title
  to make.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-R - Audit and Annual Report.

§  2050-r.  Audit and annual report. In conformity with the provisions
  of section five of article ten of the state constitution,  the  accounts
  of  the  agency  shall  be  subject  to  the  supervision  of  the state
  comptroller. The agency shall annually submit to the governor and  state
  comptroller  and  to the state legislature a detailed report pursuant to
  the provisions of section two thousand five  hundred  of  title  one  of
  article  nine  of this chapter, and a copy of such report shall be filed
  with the chairman of the county legislature.  The  agency  shall  comply
  with  the  provisions  of  sections  two  thousand five hundred one, two
  thousand five hundred two and two thousand five hundred three  of  title
  one of article nine of this chapter.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-S - Limited Liability.

§  2050-s.  Limited  liability.  Neither  the members of the governing
  body, nor any municipality, officer or employee acting  in  its  behalf,
  while  acting  within  the scope of their authority, shall be subject to
  any personal liability resulting from the construction,  maintenance  or
  operation  of  any  of the properties of the agency or from carrying out
  any of the powers expressly given in this title; provided, however, that
  this section shall not be held to apply to any independent contractor.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-U - Solid Waste Facility Reserve Fund.

§  2050-u.  Solid  waste facility reserve fund. The county legislature
  may establish a special fund,  to  be  known  as  solid  waste  facility
  reserve fund of the county. There shall be credited in such reserve fund
  all  amounts paid to the county and specifically designated by the payor
  for deposit in such reserve fund, together with such  county  moneys  as
  may  be  appropriated  thereto from time to time. Moneys in such reserve
  fund  shall  be  deposited  in  interest-bearing  accounts  and  may  be
  appropriated  only for the purpose of paying amounts due from the county
  under the terms of any contract entered into pursuant to this title, for
  which an insufficient or no provision has otherwise  been  made,  except
  that  upon  the adoption of a resolution by at least a two-third vote of
  the voting strength of the county legislature, all or any portion of the
  moneys in such reserve fund may be transferred to any other reserve fund
  established by the county pursuant to the general municipal law. To  the
  extent  not  inconsistent  with  the  provisions  of  this  section, the
  management of such reserve fund and the  investment  of  moneys  therein
  shall  be  subject  to  the  provisions  of section six-h of the general
  municipal law.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-W - Transfer of Environmental Applications, Proceedings, Approvals and Permits.

§   2050-w.   Transfer  of  environmental  applications,  proceedings,
  approvals and permits. 1. Any application in relation to the purposes of
  or contemplated by  this  title  heretofore  filed,  or  any  proceeding
  heretofore commenced, by the county with the department of environmental
  conservation, the department of transportation or any other state agency
  or  instrumentality  or  with the United States environmental protection
  agency or any other federal agency or instrumentality shall inure to and
  for the benefit of the agency to the same extent and in the same  manner
  as if the agency had been a party to such application or proceeding from
  its  inception,  and  the agency shall be deemed a party thereto, to the
  extent not prohibited by any federal law. Any license, approval,  permit
  or  decision heretofore or hereafter issued or granted pursuant to or as
  a result of any such  application  or  proceeding  shall  inure  to  the
  benefit  of  and  be  binding  upon the agency and shall be assigned and
  transferred by the county to the  agency,  unless  such  assignment  and
  transfer is prohibited by federal law.
2.  All  such  applications, proceedings, licenses, approvals, permits
  and decisions shall further inure to and  for  the  benefit  of  and  be
  binding  upon  any person leasing, acquiring, constructing, maintaining,
  using or occupying any facility financed in whole  or  in  part  by  the
  agency.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-X - Preference for Actions or Proceedings Against Agency.

§  2050-x.  Preference  for actions or proceedings against agency. Any
  action or proceeding to which the agency or the people of the state  may
  be  parties,  in  which  any  question arises as to the validity of this
  title, shall be preferred over all  other  civil  causes  of  action  or
  cases,  except  election causes of action or cases, in all courts of the
  state and shall be heard and determined in preference to all other civil
  business  pending  therein,  except  election  cases,  irrespective   of
  position  on  the  calendar.  The  same preference shall be granted upon
  application of the agency or its counsel in  any  action  or  proceeding
  questioning  the  validity  of  this  title  in  which the agency may be
  allowed to intervene. The venue of any such action or  proceeding  shall
  be laid in the supreme court of the county.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-Y - Separability.

§  2050-y.  Separability.  If any section, clause or provision in this
  title shall  be  held  by  a  court  of  competent  jurisdiction  to  be
  unconstitutional  or ineffective in whole or in part, to the extent that
  it is not  unconstitutional  or  ineffective,  it  shall  be  valid  and
  effective,  and  no  other section, clause or provision shall on account
  thereof be deemed invalid or ineffective.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-G - Ulster County Resource Recovery Agency › 2050-Z - Effect of Inconsistent Provisions.

§  2050-z.  Effect  of  inconsistent  provisions.  In  so  far  as the
  provisions of this title are inconsistent with  the  provisions  of  any
  other  act,  general  or  special, or of the county charter or any local
  law, ordinance or resolution of the county or  any  other  municipality,
  the  provisions of this title shall be controlling. Nothing contained in
  this section shall be held to supplement or otherwise expand the  powers
  or  duties  of  the  agency  otherwise  set forth in this title. Nothing
  contained in this title shall be held to alter or abridge the powers and
  duties  of  the  department  of  environmental  conservation   and   the
  department of health.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-H - Eastern Rensselaer County Solid Waste Management Authority › 2050-DD - Advances on Behalf of Authority; Transfer of Property to Authority; Acquisition of Property for Authority.

§  2050-dd.  Advances  on behalf of authority; transfer of property to
  authority; acquisition of property for authority. 1. In addition to  any
  powers granted to it by law, the legislative body of the towns may, from
  time  to time, appropriate by resolution sums of money to defray project
  costs or any other costs and expenses of the authority.  Subject to  the
  rights  of  bondholders, each such legislative body may determine if the
  moneys so appropriated shall be subject to repayment by the authority to
  any such town and, in such event, the manner and time or times for  such
  repayment.  The  towns  or  any  other  municipality  within the area of
  operation, may give, grant, sell, convey, loan, license the  use  of  or
  lease  to  the  authority  any  property  or facility which is useful in
  connection with the exercise by the authority of its powers  under  this
  title.  Any  such  gift, grant, sale, conveyance, loan, license or lease
  shall be for such consideration, be  upon  such  terms  and  conditions,
  subject  to the rights of the holders of any bonds, as the authority and
  such town or other municipality may agree. Any such gifts, grant,  sale,
  conveyance,  loan  or  license  shall  not  be  subject  to  referendum,
  permissive or mandatory.
2. The towns may acquire by purchase or condemnation real property  in
  the  name  of  such  towns  or  town  for  any  corporate purpose of the
  authority.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-H - Eastern Rensselaer County Solid Waste Management Authority › 2050-FF - Governmental Capacity of the Authority and Municipalities.

§  2050-ff. Governmental capacity of the authority and municipalities.
  The towns, other municipalities within the area  of  operation  and  the
  authority, in carrying out their respective powers and duties under this
  title,  shall  be  deemed  to  be acting in a governmental capacity. The
  construction, operation and maintenance of any project financed in whole
  or in part by the authority shall be deemed to be the performance of  an
  essential   governmental   function  by  the  authority  acting  in  its
  governmental capacity, whether such project shall be owned  or  operated
  by the authority or by any person or other public corporation.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-H - Eastern Rensselaer County Solid Waste Management Authority › 2050-GG - Transfer of Officers and Employees.

§  2050-gg.  Transfer  of  officers  and employees. In accordance with
  section seventy of the civil service law, any officer or employee  of  a
  participating  municipality  under  civil service who is selected by the
  authority may, with the consent of the chief elected  official  of  such
  municipality,  be transferred to the authority and shall be eligible for
  such  transfer  and  appointment,  without  examination,  to  applicable
  offices,  positions  and  employment  under the authority. The salary or
  compensation of any such officer or employee, after such transfer, shall
  be paid by the authority. Any such officers or employees so  transferred
  to  the authority pursuant to this section who are members of or benefit
  under any existing pension or retirement fund or system  shall  continue
  to  have  all rights, privileges, obligations and status with respect to
  such fund or system as are now prescribed by law but, during the  period
  of  their employment by the authority, all contributions to such fund or
  system shall be paid by the authority. All such officers or employees so
  transferred to the authority who have been appointed to positions  under
  the rules and classifications of the personnel officer of the applicable
  participating  municipality  shall  have  the  same  status with respect
  thereto after transfer to the authority as they had under their original
  appointment.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-H - Eastern Rensselaer County Solid Waste Management Authority › 2050-JJ - State, Towns and Municipalities Not Liable on Authority Bonds.

§  2050-jj.  State,  towns  and municipalities not liable on authority
  bonds. Neither the state, the towns nor any other municipality or public
  corporation shall be liable on the bonds of the authority and such bonds
  shall not be a debt of the state, the towns or any other municipality or
  public corporation, and such bond shall contain on the face  thereof,  a
  statement to such effect.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-H - Eastern Rensselaer County Solid Waste Management Authority › 2050-KK - Moneys of the Authority.

§  2050-kk.  Moneys of the authority. All moneys of the authority from
  whatever source derived shall be paid to the treasurer of the  authority
  and  shall be deposited forthwith in interest bearing accounts in a bank
  or banks in the state designated by the governing body.  The  moneys  in
  such  accounts  shall  be  paid  out  on  check  of  the  treasurer upon
  requisition by the governing body or of such other person or persons  as
  the governing body may authorize to make such requisitions. All deposits
  of such moneys shall be secured by obligations of the United States, the
  state or of the towns of a market value equal at all times to the amount
  on deposit and all banks and trust companies are authorized to give such
  security   for   such  deposits.     The  authority  shall  have  power,
  notwithstanding the provisions of this section,  to  contract  with  the
  holders of any bonds as to the custody, collection, security, investment
  and  payment  of any moneys of the authority or any moneys held in trust
  or otherwise for the payment of bonds or in any way to secure bonds, and
  carry out any such contract.  Moneys held in trust or otherwise for  the
  payment  of  bonds  or  in  any way to secure bonds and deposits of such
  moneys may be secured in the same manner as moneys of the authority  and
  all  banks  and trust companies are authorized to give such security for
  such deposits. Any moneys of the authority not  required  for  immediate
  use or disbursement may, at the discretion of the authority, be invested
  in  those  obligations  specified  pursuant to the provisions of section
  ninety-eight-a of the state finance law. Subject to  the  provisions  of
  any  contract with bondholders and with the approval of the comptroller,
  the authority shall prescribe a system of accounts.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-H - Eastern Rensselaer County Solid Waste Management Authority › 2050-LL - Bonds Legal Investment for Fiduciaries.

§  2050-ll.  Bonds  legal investment for fiduciaries. The bonds of the
  authority are hereby made securities in which all public  officials  and
  bodies  of the state and all municipalities, all insurance companies and
  associations and other persons carrying on an  insurance  business,  all
  banks, bankers, trust companies, savings banks and savings associations,
  including  savings and loan associations, investment companies and other
  persons carrying on a banking business, and  administrators,  guardians,
  executors,   trustees  and  other  fiduciaries  and  all  other  persons
  whatsoever, who are now or may hereafter  be  authorized  to  invest  in
  bonds  or other obligations of the state may properly and legally invest
  funds including capital in their control or belonging to them. The bonds
  are also hereby made securities which may be deposited with and  may  be
  received  by  all  public  officers  and  bodies  of  this state and all
  municipalities for any purposes for which the deposit of bonds or  other
  obligations of this state is now or hereafter may be authorized.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-H - Eastern Rensselaer County Solid Waste Management Authority › 2050-MM - Agreement With the State.

§  2050-mm.  Agreement with the state. The state does hereby pledge to
  and agree with the holders of any bonds issued by the authority pursuant
  to this title that the state will not alter or limit 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, to fulfill the terms of any agreement made  with  or  for
  the  benefit  of  the holders of 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 bondholders, until the bonds, together
  with the 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  such  holders,  are  fully  met  and
  discharged; provided, however, that this section shall not be  construed
  to  limit  in  any  manner  the ability of the state to alter, amend, or
  enforce  laws  or  regulations  to  protect  public   health   and   the
  environment.  The  authority  is  authorized  to include this pledge and
  agreement of the state in any agreement with bondholders.