N.Y. Public Authorities Law § 2053-v: Contracts with municipalities; powers of municipalities

§ 2053-v. 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,

treatment or disposal of solid waste or for the purchase or use of any

materials, energy, byproducts or residue generated by or resulting from

the operation of any solid waste management facility. Any such contract

to which the authority, the county 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 or

availability of facilities. Any contract to which the authority, the

county and any municipality within 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 and any municipality within the county to pay,

within appropriations available therefor, such amounts as shall be

necessary to assure the continued operation and solvency of the

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

such times as may be provided in such contract or contracts.

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 that the basic responsibility for the

planning and operation of solid waste management facilities remains with

local governments; and further recognizes the county's role as planning

unit under section 27-0107 of the environmental conservation law. 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 county and all other municipalities within the

county 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, treating 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 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 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. 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 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 same meaning as

defined in section two thousand fifty-three-b of this title. Upon the

adoption of any local law, ordinance or regulation pursuant to this

section, the county or municipality shall file with the commissioner of

the department of environmental conservation a verified copy of such

local law, ordinance or regulation; provided, however, that failure to

so file such a local law, ordinance or regulation shall not invalidate

such local law, ordinance or regulation. The foregoing provisions of

this subdivision shall not be construed to limit, alter or abridge the

powers granted to the county under the provisions of chapter five

hundred sixty-nine of the laws of nineteen hundred ninety-one, as

amended.

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

thirty 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.