2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-I - County of Franklin Solid Waste Management Authority › 2051-T - Contracts With Municipalities; Powers of Municipalities.

§  2051-t. Contracts with municipalities; powers of municipalities. 1.
  The county and one or more municipalities  within  the  county,  or  the
  authority and the county, shall have power to contract from time to time
  between or among themselves, or among themselves and with the authority,
  in  relation  to  the  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 solid waste management facility. Any such  contract  to
  which  the  authority and any municipality within the county are parties
  may include provisions stipulating the maximum rates, rentals, fees  and
  other charges to be collected for the use of facilities. Any contract to
  which  the  authority  and the county are parties may include provisions
  (i) requiring the periodic delivery  to  the  particular  facilities  of
  minimum  amounts  of  solid  waste  and  providing for specified minimum
  period payments whether or not such delivery is made, or (ii)  requiring
  the  county  to  pay,  within  appropriations  available  therefor, such
  amounts as shall be necessary to  assure  the  continued  operation  and
  solvency  of the agency, such payments to be determined and paid in such
  manner and at such times as may be provided in such contract.
2. In recognition of existing state policy, as declared in  title  one
  of  article  twenty-seven  of  the  environmental  conservation law, the
  legislature hereby affirms the primacy of the local and regional role in
  resource recovery procedures. To further  the  governmental  and  public
  purposes  of the authority, including the implementation of any contract
  or proposed contract contemplated by this  title,  the  county  and  all
  other  municipalities  within  the  county shall have 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, and shall further have the power to adopt
  and amend local law 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 facility or facilities; provided however,  that
  any  such local law enacted by the county shall take precedence over and
  shall supersede any  inconsistent  provisions  of  any  such  local  law
  enacted  by  a municipality with the county. 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 the purposes  of  this  section,
  solid  waste  shall  have  the  same  meaning  as defined in section two
  thousand fifty-one-b 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 participating
  county  or  municipality  shall  file  with  the  commissioner  of   the
  department  of  environmental conservation a verified copy of such local
  law, ordinance or regulation.
3. The county is 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  subdivision  one  of  this
  section.  Any  resale or other disposition may be made in such manner as
  the county may deem proper and upon such terms and conditions as may  be
  agreed upon by the parties thereto.
4.  The  county  and  all other municipalities within the county 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.
5. Except as otherwise provided by section one hundred twenty-w of the
  general  municipal  law,  any  contract  entered  into by a 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.
6. 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
  facility, or  part  thereof,  financed  in  whole  or  in  part  by  the
  authority.