N.Y. Public Authorities Law § 2045-e: Powers of the agency

§ 2045-e. Powers of the agency. The agency shall have the power:

1. To sue and be sued;

2. To have a seal and alter the same;

3. To acquire in the name of the agency, hold, sell, lease, mortgage

or otherwise dispose of property, real, personal or mixed, or any

interest therein, without limitation, for its corporate purposes;

provided, however, that (i) the agency shall not have the power of

eminent domain, (ii) the acquisition by the agency of any real property

designated as the site for any facility shall be subject to prior

approval by the county legislature, and (iii) in selecting the location

for any such site the agency shall give consideration to the present and

any proposed land use character of the area in which such site is to be

located and the zoning laws or regulations, if any, otherwise generally

applicable to such area;

4. To receive, transport, process, dispose of, sell, store, convey,

recycle, and deal with, in any lawful manner and way, solid waste and

any products or by-products thereof now or hereafter developed or

discovered, including any energy generated by the operation of any solid

waste management-resource recovery facility. Any such disposal or sale

may be effected on such terms and in such manner as the agency may deem

proper;

5. To plan, develop and construct projects and to pay the cost thereof

and to have the right to contract in relation thereto with

municipalities or persons within or without the county and to own and

operate, maintain, repair, improve, reconstruct, enlarge, and extend,

subject to the provisions of this title, any of its projects acquired or

constructed under this title, and to sell, lease, mortgage or otherwise

dispose of any project or part thereof to any person or public

corporation, subject to such conditions and limitations as the agency

may determine to be in the public interest;

6. To assist in the planning, development and construction of and the

financing of the cost of any solid waste management-resource recovery

facility to be located in the county whether or not such solid waste

management-resource recovery facility is to be owned or operated by the

agency, which assistance may include loans to any person or public

corporation. Any such solid waste management-resource recovery facility

producing either electricity or shaft horsepower and useful thermal

energy shall constitute a co-generation facility as defined in

subdivision two-a of section two of the public service law;

7. To receive from the United States, the state, the county, any other

municipality or public corporation or person, solid waste for the

purpose of treatment or disposal thereof, with the right of the agency

to sell and dispose of any products or by-products (including energy) of

such process of treatment or disposal, as the agency may deem proper;

8. To contract with the county, other municipalities, state agencies,

public corporations or persons within or without the county, for the

purpose of receiving, treating and disposing of solid waste including

without limitation to contract with persons for the delivery of all

solid waste generated within a stated area to a specific solid waste

management-resource recovery facility;

9. To make by-laws for the management and regulation of its affairs

and, subject to agreements with bondholders, for the regulation of the

use of any project or other property of the agency, which by-laws and

all amendments thereto, duly certified by the secretary of the agency,

shall be filed in the office of the agency and in the office of the

clerk of the county, and to provide for the enforcement of such by-laws

by legal or equitable proceedings which are or may be provided or

authorized by law. In addition, the county legislature shall have power

to prescribe that violations of specific by-laws of the agency shall

constitute offenses or infractions and provide for the punishment of

violations thereof by civil penalty;

10. With the consent of the county executive, to use officers or

employees of the county and to pay a proper portion of the compensation

or costs for the services for such officers or employees;

11. To make contracts and to execute all necessary or convenient

instruments, including evidences of indebtedness, negotiable or

non-negotiable;

12. To enter, with the consent of the county executive, on any lands,

waterways and premises for the purpose of making surveys, soundings, and

examinations, and liability therefor shall not exceed actual damages;

13. To borrow money and to issue bonds and to fund or refund the same,

and to provide for the rights of the holders thereof;

14. Subject to any limitations imposed by any contract pursuant to

subdivision two of section two thousand forty-five-t of this title, to

determine classification of users, to fix and collect, including

directly from service recipients, including owners of real property

within the county from whom waste is disposed at agency facilities,

rates, rentals, fees and other charges for the use of the facilities of,

or services rendered by, or any commodities furnished by, the agency,

which rates, rentals, fees and other charges may be different for each

classification of users and may reflect the source and composition of

solid waste and may provide for fee reductions to the user in proportion

to waste generated or to reflect participation in source separation

programs, and to contract with any municipality in the county in respect

thereto, so as to provide revenues sufficient at all times to pay, as

the same shall become due, the principal and interest on the bonds of

the agency, together with the maintenance of proper reserves therefor,

in addition to paying, as the same shall become due, the expenses of

operating and maintaining the properties of the agency, together with

proper reserves for debt service, depreciation, maintenance and

contingencies and all other obligations and indebtedness of the agency.

In any instance where the county is or would be required by law, with

respect to solid waste management, to conduct a public hearing in

connection with a contract, lease, service agreement, classification of

user, rate, rental, fee or other charge, the agency shall not enter into

such contract, lease, service agreement, or establish, fix, or revise

any classification of user, rate, rental, fee or other charge unless and

until the agency has held a public hearing at which interested persons

have had an opportunity to be heard concerning the same, provided

however, that if the county has conducted a public hearing in connection

with such contract, lease, service agreement, classification of user,

rate, rental, fee or other charge, the agency shall not be required to

hold a public hearing. Notice of such public hearing shall be published

at least ten days before the date set therefor, in at least one

newspaper of general circulation in the county. Such notice shall set

forth the date, time and place of such hearing and shall include a brief

description of the matters to be considered at such meeting. A copy of

the notice shall be filed in the office of the clerk of the county and

shall be available for inspection by the public. At any such hearing,

any interested persons shall have an opportunity to be heard concerning

the matters under consideration. Any decision by the agency at such

public hearing shall be in writing and be made available in the office

of the agency for public inspection during regular office hours. All

rates, rentals, fees and other charges for the use of the facilities of,

or services rendered by, the agency and billed directly by the agency to

the service recipient pursuant to a classification of users adopted by

the agency as herein provided shall be a lien upon the real property

upon which, or in connection with which, services were provided, as and

from the first date fixed for payment of such rates, rentals, fees and

other charges. Any such lien shall take precedence over all other liens

or encumbrances, except taxes or assessments. The treasurer of the

agency shall prepare and transmit to the respective legislative body of

each municipality, on or before the first day of December in each year,

a list of those properties within each respective municipality for which

such services were provided and from which the payment of rates,

rentals, fees and other charges are in arrears for a period of thirty

days or more after the last day fixed for payment of such rates,

rentals, fees and other charges without penalty. The list shall contain

a brief description of the properties for which such services were

provided, the names of the persons or corporations liable to pay for the

same, and the amount chargeable to each, including penalties and

interest computed to December thirty-first of that year. Each governing

body shall levy such sums against the properties liable and shall state

the amount thereof in a separate column in the annual tax rolls of the

various municipalities under the heading "solid waste disposal charge".

Such amounts, when collected by the several municipal collectors or

receivers of taxes, shall be paid over to the treasurer of the agency.

Alternatively, the legislative body of any municipality which provides

solid waste collection service to all or a portion of the properties

within its boundaries using municipally owned and operated collection

vehicles may execute an agreement with the agency to collect and be

responsible for the collection of, on behalf of the agency, any overdue

or delinquent rates, rentals, fees or other charges and such

municipality shall have the power to pay directly to the agency such

overdue or delinquent rates, rentals, fees and other charges whether or

not they are actually collected from the service recipients of such

municipality. The legislative body of any such municipality entering

into such an agreement with the agency on or after the effective date of

this subdivision, shall be required prior to entering into such an

agreement, to provide notice of, and convene a public hearing on such an

agreement under the same terms and conditions of public notice and

hearing required of the agency pursuant to this subdivision.

All of the provisions of the tax law of the state governing

enforcement and collection of unpaid taxes or assessments for special

improvements not inconsistent herewith shall apply to the collection of

such unpaid rates, rentals, fees and other charges. Except as may be

otherwise expressly permitted under this title, any such rates, rentals,

fees and other charges shall be fixed without discrimination among the

municipalities within the county entering into contracts with the county

pursuant to section two thousand forty-five-t of this title on or before

the first date on which the county enters into a contract with the

agency pursuant to paragraph (i) of subdivision two of such section two

thousand forty-five-t of this title. The agency shall in no event fix

any such rates, rentals, fees or other charges with respect to

municipalities entering into such contracts with the county subsequent

to such date in amounts less than those fixed with respect to

municipalities entering into such contracts with the county on or before

such date;

15. To accept gifts, grants, loans or contributions from the United

States, the state or any agency or instrumentality of either of them, or

any municipality or from any person, by bequest or otherwise, and to

expend the proceeds for any corporate purposes of the agency; and

16. To make payments to, and settle claims asserted by owners of

property in proximity to and adversely affected by, landfill facilities

of the agency in order to compensate such owners in whole or in part for

diminution of the value of their property, if any, directly resulting

from the siting of the agency landfill facility or the activities

undertaken therein. The amount and manner of such payments shall be

determined by resolution of the agency, and shall be based on real

estate market studies and/or appraisals undertaken at the direction of

the agency, in such form and substance satisfactory to the agency. The

agency shall establish rules and regulations setting forth the

specifications pursuant to which real estate market studies and/or

appraisals shall be conducted and such other rules and regulations as

may be necessary to effectuate the purposes of this subdivision. Such

rules and regulations shall include a requirement that all property

owners requesting payments in accordance therewith must file a claim

with the agency by a date specified by the agency. Any payments made

pursuant to the provisions of this subdivision shall be considered a

cost of the agency in the computation of rates, fees, and charges in

accordance with subdivision fourteen of this section.

17. To do all things necessary or convenient to carry out the powers

expressly given in this title.