reglab/statecodes huggingface dataset:
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-D - Dutchess County Resource Recovery Agency › 2047-M - Agreement With the State.

§  2047-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. 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-D - Dutchess County Resource Recovery Agency › 2047-N - Exemption From Taxes, Assessments and Certain Fees.

§ 2047-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
  possession 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 convenants
  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-D - Dutchess County Resource Recovery Agency › 2047-O - Actions Against Agency.

§  2047-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  (i)  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, (ii) 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 (iii) 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.
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-D - Dutchess County Resource Recovery Agency › 2047-Q - Interest in Contracts Prohibited.

§  2047-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-D - Dutchess County Resource Recovery Agency › 2047-R - Audit and Annual Report.

§  2047-r.  Audit and annual report. In conformity with the provisions
  of section five of article ten of the 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 county
  executive. 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-D - Dutchess County Resource Recovery Agency › 2047-S - Limited Liability.

§  2047-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-D - Dutchess County Resource Recovery Agency › 2047-U - Solid Waste Facility Reserve Fund.

§  2047-u.  Solid  waste facility reserve fund. The county legislature
  may establish a special fund, to be known as the  solid  waste  facility
  reserve fund of the county. There shall be credited to 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
  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-thirds 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 subdivision, 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-D - Dutchess County Resource Recovery Agency › 2047-V - Transfer of Environmental Applications, Proceedings, Approvals and Permits.

§   2047-v.   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  state  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-D - Dutchess County Resource Recovery Agency › 2047-W - Separability.

§  2047-w.  Separability.  If any section, clause or provision in this
  title shall be held by a  competent  court  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-D - Dutchess County Resource Recovery Agency › 2047-X - Effect of Inconsistent Provisions.

§  2047-x.  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.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-F - Town of North Hempstead Solid Waste Management Authority › 2049-E - Advances on Behalf of Authority; Transfer of Property to Authority; Acquisition of Property by Town for Authority.

§  2049-e.  Advances  on  behalf of authority; transfer of property to
  authority; acquisition of property by town for authority. 1. In addition
  to any powers granted to it by law, the town may by  resolution  advance
  sums  of  money to or on behalf of the authority to defray project costs
  or any other costs and expenses of the authority to be incurred prior to
  the first issuance of bonds. Subject to the rights of  any  bondholders,
  the  moneys so appropriated shall be repaid by the authority to the town
  at such time and in such manner  as  may  be  agreed  upon  between  the
  authority and the town board.
2.  The  town or any other municipality may give, grant, sell, convey,
  loan or license the use of or lease to the  authority  any  property  or
  facility  which  is  useful  to  the authority in order to carry out its
  powers under this title. Any such transfer of  property  shall  be  upon
  such  terms and conditions, subject to the rights of any bondholders, as
  the authority and the town or other municpality may agree.
3. Notwithstanding the provisions of any other law,  general,  special
  or  local,  real property acquired by the authority or the town from the
  state may be used for any corporate purpose of the authority.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-F - Town of North Hempstead Solid Waste Management Authority › 2049-F - Transfer of Officers and Employees.

§  2049-f. Transfer of officers and employees. Any officer or employee
  of the town under civil service who is selected by  the  authority  may,
  with the consent of the town supervisor, 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 funds 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 town 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-F - Town of North Hempstead Solid Waste Management Authority › 2049-G - Governmental Capacity of the Authority and Municipalities.

§  2049-g.  Governmental capacity of the authority and municipalities.
  The authority, the town and other municipalities, 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 public corporation.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-F - Town of North Hempstead Solid Waste Management Authority › 2049-J - State, Town and Municipalities Not Liable on Bonds.

§  2049-j. State, town and municipalities not liable on bonds. Neither
  the state, town 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, town 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-F - Town of North Hempstead Solid Waste Management Authority › 2049-K - Moneys of the Authority.

§  2049-k.  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  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 the town 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  to  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 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-F - Town of North Hempstead Solid Waste Management Authority › 2049-L - Bonds Legal Investment for Fiduciaries.

§  2049-l.  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-F - Town of North Hempstead Solid Waste Management Authority › 2049-M - Agreement With the State.

§  2049-m.  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, 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 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 to 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. The authority 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-F - Town of North Hempstead Solid Waste Management Authority › 2049-N - Agreement With the Town.

§ 2049-n. Agreement with the town. The town is authorized to pledge to
  and agree with the holders of any bonds issued by the authority pursuant
  to  this  title that the town will not limit or impair the rights hereby
  vested in the  authority  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 authority shall have been issued, to establish
  and collect rates, rents, fees and other charges  referred  to  in  this
  title  and  to fulfill the terms of any agreements made with the holders
  of the 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 the bondholders, until the  bonds,  together  with  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 the bondholders are fully met and discharged.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-F - Town of North Hempstead Solid Waste Management Authority › 2049-O - Exemption From Taxes, Assessments and Certain Fees.

§ 2049-o. Exemption from taxes, assessments and certain fees. 1. It is
  hereby  determined  that  the creation of the authority and the carrying
  out of its corporate purposes is in all respects for the benefit of  the
  people  of  the  town  and  the  state  and  is a public purpose and the
  authority 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
  authority or the town, 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
  possession shall claim ownership for federal income tax purposes.
2. Any bonds issued pursuant to this title together  with  the  income
  therefrom  as well as the property of the authority 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 authority pursuant to this title,  in  consideration
  of  the  acceptance  of any payment for the bonds, that the bonds of the
  authority 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-F - Town of North Hempstead Solid Waste Management Authority › 2049-P - Actions Against Authority.

§  2049-p.  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 or  (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.
2. Whenever 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 five thousand four of the civil practice  law
  and rules. 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-F - Town of North Hempstead Solid Waste Management Authority › 2049-R - Interest in Contracts Prohibited.

§  2049-r. 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 or 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-F - Town of North Hempstead Solid Waste Management Authority › 2049-S - Audit and Annual Report.

§  2049-s.  Audit and annual report. In conformity with the provisions
  of section five of article ten of the constitution, the accounts of  the
  authority  shall  be subject to the supervision of the state comptroller
  and an annual audit shall  be  performed  by  an  independent  certified
  accountant.  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 five hundred of title
  one  of article nine of this chapter, and a copy of such report shall be
  filed with the town supervisor. The  authority  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-F - Town of North Hempstead Solid Waste Management Authority › 2049-T - Limited Liability.

§  2049-t.  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-F - Town of North Hempstead Solid Waste Management Authority › 2049-V - Environmental Applications, Proceedings, Approvals and Permits.

§  2049-v.  Environmental  applications,  proceedings,  approvals  and
  permits.  1.  Any  application  in  relation  to  the  purposes  of   or
  contemplated  by  this  title,  or any proceeding commenced by the town,
  with the state 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
  authority to the same extent and in the same manner as if the  authority
  had  been  a  party to such application or proceeding, and the authority
  shall be deemed a party thereto, to the extent  not  prohibited  by  any
  federal law. Any license, approval, permit or decision 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  the  town  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, acquiring,  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-F - Town of North Hempstead Solid Waste Management Authority › 2049-W - Separability.

§  2049-w.  Separability.  If any section, clause or provision in this
  title shall be held by a  competent  court  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-F - Town of North Hempstead Solid Waste Management Authority › 2049-X - Effect of Inconsistent Provisions.

§  2049-x.  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 any local law, ordinance or resolution
  of  the  town  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.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-DD - Advances on Behalf of Authority; Transfer of Property to Authority; Acquisition of Property for Authority.

§  2049-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 counties 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 county and, in such event, the manner and time  or
  times for such repayment.
2.  The  counties  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 county or other municipality may  agree.  Any  such  gifts,  grant,
  sale,  conveyance,  loan  or license shall not be subject to referendum,
  permissive or mandatory. The authority, in furtherance of any  purchase,
  conveyance or lease of any property or facility from any county or other
  municipality,  may  assume the primary responsibility for the payment of
  the principal and interest on any bonds or notes issued by  such  county
  or  other  municipality  for  such property or facility. For purposes of
  section 136.00 of the local finance law, any agreement by the  authority
  to  assume  the  primary responsibility for the payment of the principal
  and interest on any bonds or notes issued by any such  county  or  other
  municipality  shall,  so  long  as  such  agreement shall continue to be
  honored by the authority, cause such bonds or notes to be deemed to have
  been refunded and any such county or other municipality may deduct  from
  its  gross indebtedness any outstanding indebtedness contracted for such
  property or facility to be acquired by the authority.
3. The counties may acquire by purchase or condemnation real  property
  in  the name of such counties or county for any corporate purpose of the
  authority.
4. Notwithstanding the provisions of any other law,  general,  special
  or  local,  real property acquired by the authority or the counties from
  the state may be used for any corporate purpose of the authority.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-FF - Governmental Capacity of the Authority and Municipalities.

§  2049-ff. Governmental capacity of the authority and municipalities.
  The counties, 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-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-GG - Transfer of Officers and Employees.

§ 2049-gg. Transfer of officers and employees. Any officer or employee
  of  the counties or any other municipality within the area of operation,
  under civil service, who is selected by  the  authority  may,  with  the
  consent  of  the  chief executive officer of the legislative body of the
  employing county or 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 to be  paid  by  the
  employer  on  account of such officers or employees 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  county  or  other
  employing  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-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-JJ - State, Counties and Municipalities Not Liable on Authority Bonds.

§  2049-jj. State, counties and municipalities not liable on authority
  bonds. Neither the state, the counties  nor  any  other  muncipality  or
  public  corporation  shall  be  liable on the bonds of the authority and
  such bonds shall not be a debt of the state, the counties 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-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-KK - Moneys of the Authority.

§  2049-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  counties 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 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 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-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-LL - Bonds Legal Investment for Fiduciaries.

§  2049-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-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-MM - Agreement With the State.

§  2049-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.
2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-FF - Oneida-Herkimer Solid Waste Management Authority › 2049-NN - Exemption From Taxes, Assessments and Certain Fees.

§  2049-nn.  Exemption from taxes, assessments and certain fees. 1. It
  is hereby determined that the creation of the authority and the carrying
  out of its corporate purposes is in all respects for the benefit of  the
  people  of  the  counties  and the state and is a public purpose and the
  authority 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,  income and operations, or any filing, recording or transfer
  fees or taxes in relation to instruments filed, recorded or  transferred
  by  it  or  on  its  behalf  provided, however, that the authority shall
  annually pay a sum in lieu of taxes to each  of  the  municipalities  in
  which  any  real property owned by or under its jurisdiction, control or
  supervision of the authority are located in an amount equal to the taxes
  and assessments which would have been levied upon such real property  in
  an  unimproved state had such real property been owned by a person whose
  real property is subject to taxation. The construction, use,  occupation
  or  possession  of  any property owned by the authority or the counties,
  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 possession shall claim
  ownership for federal income tax purposes. Mortgages made  or  financed,
  directly  or  indirectly,  by  the  authority  shall  be exempt from the
  mortgage recording taxes imposed by article eleven of the tax law.
2. Any bonds issued pursuant to this title together  with  the  income
  therefrom  as well as the property of the authority shall be exempt from
  taxes, except for transfer, and estate and gift taxes. The state  hereby
  covenants  with  the  purchasers  and  with  all  subsequent holders and
  transferees of bonds issued by the authority pursuant to this title,  in
  consideration  of  the acceptance of any payment for the bonds, that the
  bonds of the authority 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 and gift taxes.