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New York · Through 2026-09-11

N.Y. Public Authorities Law § 2051-e: Powers of the authority

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Where this section sits in the code
  1. Public Authorities Law
  2. Article 8. Miscellaneous Authorities
  3. Title 13-I. County of Franklin Solid Waste Management Authority

§ 2051-e. 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;

4. To condemn, in the name of the authority pursuant to the eminent

domain procedure law, any real property within the county and required

by the authority to carry out the powers granted by this title.

5. To collect, 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 facility. Any such disposal or sale may be effected on

such terms and in such manner as the authority may deem proper;

6. 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 authority

may determine to be in the public interest;

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

financing of the cost of any solid waste management facility to be

located in the county whether or not such solid waste management

facility is to be owned or operated by the authority, which assistance

may include loans to any person or public corporation. Any such solid

waste 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;

8. To collect, 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

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;

9. 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 municipalities, state agencies,

public corporations or persons for the delivery of all solid waste

generated within a stated area to a specific solid waste management

facility;

10. 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 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

authority shall constitute offenses or infractions and provide for the

punishment of violations thereof by civil and criminal penalties;

11. With the consent of the chairman of the county legislature, 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;

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

instruments, including evidences of indebtedness, negotiable or

non-negotiable;

13. To enter on any lands, waterways or premises for the purpose of

making surveys, soundings and examinations, any liability for which

shall not exceed actual damages;

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

and to provide for the rights of the holders thereof;

15. 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 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;

16. 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 or public corporation, by bequest or

otherwise, and to expend the proceeds for any corporate purposes of the

authority;

17. To act as an agency, as such term is used in section two hundred

fifty-one of the county law; and

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

expressly given in this title.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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