N.Y. Public Authorities Law § 2049-ee: Powers of the authority

§ 2049-ee. Powers of the authority. The authority 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 authority, hold, sell, lease,

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

any interest therein, without limitation, for its corporate purposes and

to take by eminent domain, in the name of the authority, pursuant to the

eminent domain procedure law, any real property required to carry out

its corporate purposes; provided, however, that in the acquisition of

any real property designated as the site for any facility, the authority

shall give consideration to the present and any proposed land use

character of the area in which the site is to be located and zoning laws

or regulations, if any, otherwise generally applicable to such area.

4. To collect, receive, extract, transport, process, dispose of, sell,

store, convey, recycle, and deal with, in any lawful manner and way,

solid waste generated within the area of operation 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 authority 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 the counties,

or other municipalities or persons within or without the area of

operation and to own and operate, maintain, repair, improve,

reconstruct, renovate, rehabilitate, replace, increase, enlarge, and

extend, subject to the provisions of this title, any of its projects

acquired or constructed under this title, and to enter into contracts

for any and all such purposes and for the management and operation of a

project, and to sell, lease, mortgage or otherwise dispose of any

project or part thereof to any person or public corporation,

municipality or the state, subject to such conditions and limitations as

the authority 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 project to be located in the area of

operation, whether or not such project is to be owned or operated by the

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

corporation.

7. To collect or receive, from the counties, any other municipality

located wholly or partially within the area of operation or public

corporation or person, solid waste generated within the area of

operation for the purpose of treatment or disposal thereof, with the

right of the authority to sell and dispose of any products or

by-products (including energy) of such process of treatment or disposal,

as the authority may deem proper provided, however, that the authority

may collect and receive recyclable material regardless of the place of

generation of such recyclable materials.

8. To contract with the counties, or other municipalities, state

agencies, public corporations or persons within or without the area of

operation, for the purpose of collecting, 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 provided, however, that no solid waste generated outside of the

area of operation, other than recyclable materials, shall be received,

collected, treated, or disposed of by the authority.

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 authority, which by-laws and

all amendments thereto, duly certified by the secretary of the

authority, shall be filed in the office of the authority and in the

office of the clerk of each of the legislative bodies of the counties,

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 legislative bodies shall have power to prescribe that

violations of specific by-laws of the authority, including, without

limitation, any failure to comply with any by-law requiring the payment

of any fee or other charge by any person in connection with the delivery

of solid waste to any facility or any other use of any facility by such

person, shall constitute offenses or infractions and provide for the

punishment of violations thereof by civil penalty.

10. With the consent of the appropriate legislative body, or the chief

executive officer of the legislative body of any other municipality, to

use officers or employees of such county or municipality and to pay a

proper portion of 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 on any lands, waterways or premises within the area of

operation for the purpose of making surveys, soundings, and

examinations, any liability for which shall not exceed actual damages.

13. To borrow money and to issue bonds for any of its corporate

purposes, to secure the same with its revenues or other funds 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-nine-tt of this title, to

determine classifications of users, to fix and collect rates, rentals,

fees and other charges for the use of the facilities of, or services

rendered by, or any commodities furnished by, the authority, which

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

classification of user and may reflect the source and composition of

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

waste generated or to reflect participation in source separation

programs, and to contract with the counties or any other municipality or

person 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 authority, 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

authority, together with proper reserves for debt service, depreciation,

maintenance and contingencies and all other obligations and indebtedness

of the authority. No such rates, rentals, fees and other charges for the

use of the facilities of, or services rendered by, the authority shall

be established, fixed or revised unless the authority shall have held a

public hearing at which the users of the facilities of, or services

rendered by, the authority together with the owners of property served

or to be served and others interested have had the opportunity to be

heard concerning the same. Notice of such public hearing shall be

published by the authority at least ten days before the date set

therefor in at least one newspaper having a general circulation in each

of the counties. 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 hearing. A copy of the notice shall be filed in the

office of the clerk of each of the counties and shall be available for

inspection by the public. At any such hearing, any person shall have an

opportunity to be heard concerning the matters under consideration. Any

decision of the authority on matters considered at any such public

hearing shall be in writing and shall be made available to any such

person in the office of the authority during regular office hours. All

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

or services rendered by, the authority 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 authority shall prepare and transmit to the respective

legislative body of each county, on or before the first day of December

in each year, a list of those properties within each respective county

for which such services were provided and 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

interests 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 each respective county

treasurer, who immediately shall pay the same over to the treasurer of

the authority. All of the provisions of the tax laws of the state

covering 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.

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

States, the state or any authority 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 authority.

16. To enter into agreements, in its discretion, to pay annual sums in

lieu of taxes to the counties or any other municipality, political

subdivision or taxing district of the state in respect to any real

property which is owned by the authority and located in such counties,

municipality, political subdivision or taxing district.

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

expressly given in this title.