N.Y. Public Authorities Law § 2051-t: Contracts with municipalities; powers of municipalities

§ 2051-t. Contracts with municipalities; powers of municipalities. 1.

The county and one or more municipalities within the county, or the

authority and the county, shall have power to contract from time to time

between or among themselves, or among themselves and with the authority,

in relation to the 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 facility. Any such contract to

which the authority and any municipality within the county are parties

may include provisions stipulating the maximum rates, rentals, fees and

other charges to be collected for the use of facilities. Any contract to

which the authority and the county are parties may include provisions

(i) requiring the periodic delivery to the particular facilities of

minimum amounts of solid waste and providing for specified minimum

period payments whether or not such delivery is made, or (ii) requiring

the county to pay, within appropriations available therefor, such

amounts as shall be necessary to assure the continued operation and

solvency of the agency, such payments to be determined and paid in such

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

2. In recognition of existing state policy, as declared in title one

of article twenty-seven of the environmental conservation law, the

legislature hereby affirms the primacy of the local and regional role in

resource recovery procedures. To further the governmental and public

purposes of the authority, including the implementation of any contract

or proposed contract contemplated by this title, the county and all

other municipalities within the county shall have 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, and shall further have the power to adopt

and amend local law 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 facility or facilities; provided however, that

any such local law enacted by the county shall take precedence over and

shall supersede any inconsistent provisions of any such local law

enacted by a municipality with the county. 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. For the purposes of this section,

solid waste shall have the same meaning as defined in section two

thousand fifty-one-b 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 participating

county or municipality shall file with the commissioner of the

department of environmental conservation a verified copy of such local

law, ordinance or regulation.

3. The county is 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 subdivision one of this

section. Any resale or other disposition may be made in such manner as

the county may deem proper and upon such terms and conditions as may be

agreed upon by the parties thereto.

4. The county and all other municipalities within the county 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.

5. Except as otherwise provided by section one hundred twenty-w of the

general municipal law, any contract entered into by a 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.

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

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

authority.