N.Y. Public Authorities Law § 2050-ee: Powers of the authority

§ 2050-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 within the area of operation, 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. The authority shall not determine to

construct a facility outside of its area of operation without approval

of the solid waste management planning unit (as that term is defined in

section 27-0107 of the environmental conservation law) responsible for

the municipality in which such facility is to be constructed and without

the approval of the chief executive officer and local legislative body

of such municipality. The authority shall not site a solid waste

management-resource recovery facility within an agricultural district

established pursuant to article twenty-five-AA of the agriculture and

markets law.

4. To collect, receive, extract, 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

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 towns, 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.

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

within the state, the towns, any other municipality or public

corporation or person, solid waste 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.

8. To contract with the towns, 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.

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 towns, 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 of any other

municipality, to use officers or employees of such town 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 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 fifty-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 to contract with the towns 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 towns. 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 towns 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. 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 town, on or before the first day of December in each year, a

list of those properties within each respective town 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 town 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 towns 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 towns,

municipality, political subdivision or taxing district.

17. To covenant and consent that the interest on any of its bonds or

notes issued pursuant to this title shall be includible, under the

United States Internal Revenue Code of 1986, or any subsequent

corresponding internal revenue law of the United States, in gross income

of the holders of the bonds or notes to the same extent and in the same

manner that the interest on bills, bonds, notes or other obligations of

the United States is includible in the gross income of the holders

thereof under said Internal Revenue Code or any such subsequent law.

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

expressly given in this title.