N.Y. Public Authorities Law § 2706: Special powers of participating counties and municipalities with respect to certain facilities

§ 2706. Special powers of participating counties and municipalities

with respect to certain facilities. 1. Any participating county and one

or more municipalities within the participating county, shall have the

power to enter into contracts, leases or agreements from time to time

between or among themselves and with the United States, or between and

among themselves and the United States and with the authority in

connection with a solid waste management facility 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 such solid waste management facility; in connection with a sewer

facility in relation to the collection, receiving, transporting,

storage, processing or disposal of sewage or for the purchase or use of

any materials, energy, by-products or residue generated by or resulting

from the operation of any such sewer facility; in connection with a

water facility in relation to the supplying, providing, storage,

processing, purification, transportation, distribution and sale of water

resulting from or used in connection with any such water facility. Any

such contract, lease or agreement to which any participating county or

any municipality is a party may include provisions stipulating the

minimum rates, rentals, fees and other charges to be collected for the

use of any such services, the availability of such services, including

demand charges, and for the use and availability of such facilities and

to pay all amounts due under the contracts, which may be amounts

calculated to provide for payment and security for any bonds including,

without limitation, such debt service coverage as the authority deems

adequate for the bonds. Any such contract lease or agreement to which

the authority or any participating county or any municipality are

parties may include provisions (i) in connection with a solid waste

management-resource recovery facility obligating such participating

county or municipality to deliver or cause to be delivered, periodically

to a solid waste management facility all or any portion of the solid

waste generated in such participating county or municipality for

processing or disposal and to make periodic payments for such processing

or disposal whether or not delivery of any such solid waste shall be

made, subject only to such exceptions, terms and conditions as may be

provided therein; (ii) in connection with a sewer facility obligating

such participating county or municipality to transport or cause to be

transported to a sewer facility all or any portion of the sewage

generated in such participating county or municipality for processing or

disposal and to make periodic payments for such processing and disposal

whether or not any sewer is transported to the sewer facility for such

processing or disposal, subject only to such exceptions, terms and

conditions as may be provided therein; (iii) in connection with a water

facility obligating such participating county or municipality to obtain

or cause to be obtained from a water facility all or any portion of the

water used or consumed in such participating county or municipality and

to make periodic payments for the supply of such water whether or not

any water is used or consumed from such facility, subject only to such

exceptions, terms and conditions as may be provided therein. To further

the governmental and public purposes of the authority, including the

implementation of any contract or proposed contract contemplated by this

title, any participating county and all municipalities within any

participating county shall have power to adopt and amend local laws

imposing appropriate and reasonable limitations on competition

including, without limiting the generality of the foregoing, local laws

requiring that all solid waste generated or originated within their

respective boundaries or portions thereof, subject to such exceptions as

may be determined to be in the public interest, shall be delivered to a

specified solid waste management facility or facilities; that all sewage

generated or originated within their respective boundaries or portions

thereof, subject to such exceptions as may be determined to be in the

public interest, shall be delivered to a specified sewage facility or

facilities; that all water used or consumed within their respective

boundaries or portion thereof, subject to such exceptions as may be

determined to be in the public interest, shall be supplied, transported

or distributed by a specified water facility or facilities. Any such

local law shall be adopted in accordance with the procedure provided by

the municipal home rule law. Nothing contained in this title shall be

deemed or construed to alter the power granted under section twenty

hundred forty-eight-s of this chapter.

2. Each participating county and each such municipality is hereby

authorized to resell or otherwise dispose of all or any part of the

materials, energy, by-products or residue purchased, received or

obtained from the authority pursuant to subdivision one of this section.

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

participating county or such municipality may deem proper and upon such

terms and conditions as may be agreed upon by the parties thereto.

3. Each participating county and each such municipality shall have the

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.

4. Notwithstanding any other law, general, special or local, any

contract entered into by a participating county or municipality in

connection with, or in any manner relating to any project may be for

such term or duration as may be agreed upon by the parties thereto,

including that any such contract may provide that the same shall remain

in full force and effect so long as the bonds issued for or in

connection with such project, including any renewals thereof, shall

remain outstanding or until adequate provision has been made for the

payment or satisfaction thereof.

5. 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 project, or part thereof,

financed in whole or in part by the authority.