N.Y. Public Authorities Law § 2050-tt: Pledge by towns; contracts with municipalities; powers of municipalities

§ 2050-tt. Pledge by towns; contracts with municipalities; powers of

municipalities. 1. The towns are hereby authorized to pledge to and

agree with the holders of any bonds that the towns 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 authority and the towns shall have power to contract from time

to time in relation to the collecting, receiving, transporting, storage,

processing or disposal of 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 towns 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 town 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 town or municipality and

providing for specified minimum periodic payments whether or not such

delivery of any such solid-waste is made; (b) reserving to any such town

or municipality, and granting by the authority to any such town or

municipality, a portion of or the entirety of the capacity of a solid

waste management-resource recovery facility as any such town 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 towns

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 towns 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 towns 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. Upon the adoption of any local law, ordinance or regulation

pursuant to this section, the towns 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, any or all

of the towns, 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 towns may have under this

section.

For purposes of this subdivision, solid waste shall have the meaning

specified in 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.

4. The towns 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 towns may deem

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

parties thereto.

5. The towns 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 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.