N.Y. Public Authorities Law § 2049-tt: Pledge by counties; contracts with municipalities; powers of municipalities

§ 2049-tt. Pledge by counties; contracts with municipalities; powers

of municipalities. 1. The counties are hereby authorized to pledge to

and agree with the holders of any bonds that the counties will not limit

or impair 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 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, 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 the bondholders are fully

met and discharged.

2. The counties and one or more municipalities within the area of

operation, or the authority and the counties, shall have power to

contract from time to time between or among themselves, or among

themselves and with the authority, in relation to the collecting,

receiving, transporting, storage, processing or disposal of recyclables

and/or 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-resource recovery facility. Any such contract

to which the authority, the counties or any municipality within the area

of operation are parties may include provisions stipulating the minimum

and/or maximum rates, rentals, fees and other charges to be collected

for the use and availability of facilities. Any contract may also

include provisions: (a) requiring any such county or municipality to

deliver, or cause to be delivered, periodically to a specified facility

or facilities all or any portion of the solid waste generated,

originated or brought within such county or municipality or minimum

amounts of solid waste and providing for specified minimum periodic

payments whether or not such delivery of any such solid-waste is made;

(b) reserving to any such county or municipality, and granting by the

authority to any such county or municipality, a portion of or the

entirety of the capacity of a solid waste management-resource recovery

facility as any such county or municipality determines is reasonably

necessary to meet its present and reasonably anticipated needs and

providing for specified minimum periodic payments in consideration

thereof, or (c) requiring the counties to pay such amounts as shall be

necessary to assure the continued operation and solvency of the

authority, all such payments to be determined and paid in such manner

and at such times as may be provided in such contract.

3. To further the governmental and public purposes of the authority,

including the implementation of any contract or proposed contract

contemplated by this title, and in recognition of the public policy of

the state in the area of the control and management of solid waste and

solid waste disposal activities to displace competition with regulation

or monopoly public control, the counties and all other municipalities

within the area of operation, as instrumentalities of the state, shall

have the 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, including, without

limiting the generality of the foregoing, local laws 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 solid waste

management-resource recovery facility; provided, however, that any such

local law, ordinance or regulation enacted by the counties shall take

precedence over and shall supersede any inconsistent provisions of any

such local law, ordinance or regulation enacted by any other

municipality within the area of operation. 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. Any such local law may include

provisions for the enforcement thereof and penalties for the violation

thereof, which may provide, but shall not be limited to providing, that

any violation of a local law shall constitute an offense or infraction,

and may provide that any violation may be punished by civil penalty,

fine or other monetary charge, and/or, the suspension or revocation of

permits or licenses granted by any other jurisdiction with respect to

the collecting, receiving, transporting, delivery or storing of solid

waste. For the purposes of this section, solid waste shall have the

meaning set forth in subdivision fifteen of section two thousand

forty-nine-bb 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 counties or other municipality

shall file a verified copy of such local law, ordinance or regulation

with the commissioner of the department of environmental conservation;

provided, however, that the failure to so file such a local law,

ordinance or regulation shall not invalidate such local law, ordinance

or regulation. Upon the adoption or amendment of any local law or

ordinance pursuant to section one hundred twenty-aa of the general

municipal law, either or both counties, by their respective legislative

body, is authorized and empowered to delegate and assign to the

authority, in whole or in part, by contract and on such terms as the

parties may agree, the administration and implementation of the source

separation and recycling program. Such delegation and assignment powers

should be in addition to any other contracting powers and authority the

counties may have under this section.

4. The counties are 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 this section. Any resale of or

other disposition may be made in such manner as the counties may deem

proper and upon such terms and conditions as may be agreed upon by the

parties thereto.

5. The counties and all other municipalities within the area of

operation 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.

6. Any contract entered into by the counties or other 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.

7. 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-resource

recovery facility, or part thereof, financed in whole or in part by the

authority.