2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-B - Onondaga County Resource Recovery Agency › 2045-C - Onondaga County Resource Recovery Agency.

§  2045-c.  Onondaga county resource recovery agency. 1. A corporation
known as the Onondaga county resource recovery agency is hereby  created
for  the  public  purposes  and  charged  with the duties and having the
powers provided in this title. The agency shall be a body corporate  and
politic  constituting  a public benefit corporation. It shall consist of
eleven  members,  provided,  however,  that  after  July   thirty-first,
nineteen  hundred  eighty-nine,  such  board  shall  consist  of fifteen
members, who shall be appointed as  follows:  (i)  four  by  the  county
executive;  (ii)  three by the chairman of the county legislature; (iii)
two by the mayor of the city of Syracuse, subject to confirmation by the
common  council  of  such  city,  provided,  however,  that  after  July
thirty-first,  nineteen  hundred  eighty-nine,  such mayor may make four
additional appointments to the board  subject  to  confirmation  by  the
common  council  of such city; (iv) one by the town board of the town of
Camillus, except that any other  provision  of  any  other  law  to  the
contrary   notwithstanding,   this  appointment  shall  expire  on  July
thirty-first, nineteen hundred eighty-nine, and replaced by a member  to
be  appointed by the town board of the town in which the agency sanitary
landfill  portion  of  the  solid  waste  management-resource   recovery
facility  is  designated to be located or is designated as the preferred
site by resolution of the county legislature, as provided in subdivision
one-a of this section; and (v) one by the town  board  of  the  town  of
Onondaga,  except  that  any  other  provision  of  any other law to the
contrary  notwithstanding  this  appointment  shall   expire   on   July
thirty-first,  nineteen hundred eighty-nine, and be replaced by a member
to be appointed by the town board  of  the  town  in  which  the  agency
waste-to  energy portion of the solid waste management-resource recovery
facility is designated  to  be  located  by  resolution  of  the  county
legislature.  The  appointments by the county executive and the chairman
of the county legislature each shall be subject to confirmation  by  the
county  legislature.  In  making  appointments  of  members,  the county
executive and the chairman of the  county  legislature  shall  give  due
consideration  to  the representation of diverse geographical areas. The
first members appointed by the county executive shall be  appointed  for
the  following  terms  of  office:    one  for a term ending on December
thirty-first, nineteen hundred eighty-two; one  for  a  term  ending  on
December thirty-first, nineteen hundred eighty-three; and two for a term
ending on December thirty-first, nineteen hundred eighty-four. The first
members  appointed  by  the  chairman of the county legislature shall be
appointed for staggered terms of office ending on December  thirty-first
in  each  of  the  years nineteen hundred eighty-two to nineteen hundred
eighty-four, inclusive. The first members appointed by the mayor of  the
city  of  Syracuse  shall  be  appointed  for  staggered terms of office
ending, respectively, on December thirty-first  in  each  of  the  years
nineteen  hundred  eighty-two  and nineteen hundred eighty-three, except
that if such appointments were not made prior to such  dates,  then  the
first  two  members  appointed  by  such  mayor  shall  be appointed for
staggered terms of office ending, respectively, on December thirty-first
in each of the  years  nineteen  hundred  ninety  and  nineteen  hundred
ninety-one;  and  provided  further  that of the four additional members
appointed pursuant to this subdivision by such mayor to the board  after
July  thirty-first, nineteen hundred eighty-nine, two shall be appointed
for terms of office ending on December  thirty-first,  nineteen  hundred
ninety-one,  and  two  shall  be appointed for terms of office ending on
December thirty-first, nineteen hundred ninety-two.   The  first  member
appointed  by  the town board of the town of Camillus shall be appointed
for a term of office ending on December thirty-first,  nineteen  hundred
eighty-two.  The first member appointed by the town board of the town in

which   the   agency  sanitary  landfill  portion  of  the  solid  waste
management-resource recovery facility is designated to be located or  is
designated as the preferred site shall be appointed for a term of office
ending  on December thirty-first, nineteen hundred ninety-one. The first
member appointed by the town board of the  town  of  Onondaga  shall  be
appointed for a term of office ending on December thirty-first, nineteen
hundred eighty-three. Except as provided herein, subsequent appointments
of  members  shall be made by the same appointing authorities for a term
of three years ending in each case on December thirty-first of the  last
year  of  such  term.  No  person  who  has  served  as a member for two
consecutive terms shall be eligible for reappointment as a member for  a
third  term,  except  after  an  interval  of  at least three years. All
members shall  continue  to  hold  office  until  their  successors  are
appointed  and qualify. Vacancies shall be filled in the manner provided
for  original  appointments.  Vacancies,  occurring  otherwise  than  by
expiration  of  term of office, shall be filled for the unexpired terms.
Members may be removed from office for the same reasons and in the  same
manner  as  may  be  provided  by law for the removal of officers of the
county. The members of the agency  shall  receive  no  compensation  for
their  services  but  shall  be  reimbursed  for  all  their  actual and
necessary expenses incurred in connection with the carrying out  of  the
purposes  of this title. The powers of the agency shall be vested in and
be exercised by the governing body at a meeting duly called and held and
six  members  shall  constitute  a  quorum  provided  that  after   July
thirty-first,   nineteen   hundred   eighty-nine,  eight  members  shall
constitute a quorum. No action shall be taken  except  pursuant  to  the
favorable  vote  of  at  least  six  members  provided  that  after July
thirty-first, nineteen hundred eighty-nine, no  action  shall  be  taken
except  pursuant  to  the  favorable vote of at least eight members. The
governing body may delegate to one or more  of  its  members,  officers,
agents or employees such powers and duties as it may deem proper.
1-a.  Pursuant to a resolution adopted by the county legislature on or
before the effective date of this subdivision designating a town as  the
preferred  site  for  the  agency sanitary landfill portion of the solid
waste management-resource recovery facility, the town board of such town
may appoint a member to serve on the agency board until: (a) an explicit
finding by resolution of the county  legislature  with  respect  to  the
preferred  site,  pursuant to subdivision eight of section 8-0109 of the
environmental conservation law; or (b) withdrawal of the preferred  site
from   consideration   by  resolution  of  the  county  legislature  and
designation of another preferred site in another town by  resolution  of
such  legislature;  or (c) expiration of the term of the member from the
town designated as the preferred site, whichever shall occur  first.  In
the  event  that  an explicit finding has not been made by resolution of
the county legislature with respect to the preferred site prior  to  the
expiration  of  the  term,  the town board of the town designated as the
preferred site by resolution of the  county  legislature  prior  to  the
effective  date  of  this subdivision may reappoint such member or a new
member for an additional term not to exceed one year. In the  event  the
county  legislature  shall  designate  another preferred site in another
town by a resolution, the term of the member then serving from the  town
previously  identified  by such county legislature as the preferred site
shall terminate on the effective date of such resolution and  the  newly
designated  town  shall  succeed  to  the  rights  of the town initially
identified as the preferred site, as shall be  true  of  any  subsequent
town identified by resolution of the county legislature as the preferred
site for the sanitary landfill; provided, however that the first term of
any  such  member  shall  expire on December thirty-first of the year in

which he or she has been appointed. Upon adoption of a resolution by the
county legislature making an explicit finding with respect to  the  site
of  the sanitary landfill portion of the solid waste management-resource
recovery  facility,  pursuant  to subdivision eight of section 8-0109 of
the environmental conservation law, the town board of the town in  which
such  sanitary  landfill  is designated to be located by such resolution
may appoint one member  to  the  agency  board  to  succeed  the  member
appointed  by  the  previously  identified  by  resolution of the county
legislature as the preferred site for such landfill.
2. The  officers  of  the  agency  shall  consist  of  a  chairman,  a
vice-chairman and a treasurer, who shall be members of the agency, and a
secretary,  who  need not be a member of the agency. Such officers shall
be appointed by the governing body and shall serve at  the  pleasure  of
the  governing  body.  The  governing  body  may appoint and at pleasure
remove an attorney and an engineer, which positions, in addition to  the
position  of  secretary,  shall  be  in  the  exempt  class of the civil
service, and such additional officers and employees as it may  determine
necessary  for  the  performance of the powers and duties of the agency,
and fix and determine their  qualifications,  duties  and  compensation,
subject  to  the provisions of the civil service law. The governing body
may also from time to time contract for  expert  professional  services.
The  treasurer  shall  execute  a  bond,  conditioned  upon the faithful
performance of the duties of his office, the amount and  sufficiency  of
which  shall  be approved by the governing body and the premium therefor
shall be paid by the agency.
3. Notwithstanding any inconsistent provision of any general,  special
or  local  law,  ordinance, resolution or charter, no officer, member or
employee  of  the  state,  any  municipality,  or  any  public   benefit
corporation,  shall forfeit his or her office or employment by reason of
his or her acceptance of appointment as  a  member,  officer,  agent  or
employee of the agency, nor shall service as such member, officer, agent
or  employee  be  deemed  incompatible  or in conflict with such office,
membership or employment; provided, however,  that  no  public  official
elected  to  his  or her office pursuant to the laws of the state or any
municipality thereof may serve as a member of the governing body of  the
agency during his or her term of office.
4.   (a)   The   county  executive  shall  file  on  or  before  March
thirty-first,  nineteen  hundred  eighty-two,  in  the  office  of   the
secretary of state, a certificate signed by the county executive setting
forth:  (1)  the  name  of  the  agency;  (2)  the  names of the members
appointed by the county executive and at least three  other  members  of
the agency and their terms of office; and (3) the effective date of this
title.  The  agency  shall be perpetual in duration, except that if such
certificate is not filed with the secretary of state on or  before  such
date,  then  the  corporate  existence  of  the  agency  shall thereupon
terminate and it shall thereupon be deemed to be and shall be dissolved.
(b) Except as provided in  paragraph  (a)  of  this  subdivision,  the
agency  and  its  corporate existence shall continue until terminated by
law, provided, however, that no such law shall take effect  so  long  as
the  agency  shall  have  bonds  or other obligations outstanding unless
adequate provision  has  been  made  for  the  payment  or  satisfaction
thereof.  Upon  termination  of  the existence of the agency, all of the
rights and properties of the agency then remaining  shall  pass  to  and
vest in the county.
5.  In  addition  to  any  powers  granted  to  it  by law, the county
legislature from time to time may  appropriate  by  resolution  sums  of
money  to  defray  project  costs or any other costs and expenses of the
agency, to be incurred prior to the first issuance of bonds. Subject  to

the  rights  of bondholders, the county legislature may determine if the
moneys so appropriated shall be subject to repayment by  the  agency  to
the  county  and,  in  such event, the manner and time or times for such
repayment.
6.  The  agency  shall  not  be  deemed a successor in interest to the
Onondaga  county  solid  waste  disposal  authority  for   any   purpose
whatsoever. In the event that the county acquires any property from such
authority  and  thereafter  transfers  such  property to the agency, the
agency shall not by reason of receiving such property  become  obligated
for  any indebtedness or liability of such authority. The agency, upon a
determination that it is in the public interest, may assume and pay  any
compromised  or  settled  claim  against  such  authority which shall be
outstanding as of the date of the first issuance of  bonds.  Nothing  in
this  title  shall  be  construed  to  require  the agency to assume any
liability of such authority.
7. It is hereby determined and  declared,  that  the  agency  and  the
carrying  out  of  its  powers  and  duties  are in all respects for the
benefit of the people of the county and the state of New  York  for  the
improvement  of  their  health,  welfare  and  prosperity  and that such
purposes are public  purposes  and  that  the  agency  is  and  will  be
performing  an  essential  governmental  function in the exercise of the
powers conferred upon it by this title.