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.
Terms Used In N.Y. Public Authorities Law 2706
- Authority: shall mean the public benefit corporation created by section twenty-seven hundred three of this title, known as the development authority of the north country. See N.Y. Public Authorities Law 2702
- Bonds: shall mean s the bonds, notes or other evidences of indebtedness issued by the authority pursuant to this title and the provisions of this title relating to bonds and bondholders shall apply with equal force and effect to notes and noteholders, respectively, unless the context otherwise clearly requires. See N.Y. Public Authorities Law 2702
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Municipality: shall mean any county, city, town, village, refuse district under the county law, improvement district under the town law, any other such instrumentality, including any agency, authority or public corporation of the state, or any of the foregoing, or any combination thereof. See N.Y. Public Authorities Law 2702
- Participating counties: shall mean the counties of Jefferson, St. See N.Y. Public Authorities Law 2702
- Person: shall mean any natural person, partnership, association, joint venture or corporation, exclusive of a public corporation. See N.Y. Public Authorities Law 2702
- Project: shall mean a sewerage facility, solid waste management facility, water facility, or any portion of which, the planning, development, financing, acquisition, construction, operation or maintenance is authorized to be undertaken in whole or in part by the authority pursuant to this title. See N.Y. Public Authorities Law 2702
- Solid waste: shall mean all putrescible and non-putrescible solid wastes, including, but not limited to, materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, is being accumulated, stored, or physically, chemically or biologically treated prior to being discarded, has served its intended use, or is a manufacturing or mining by-product, including, but not limited to, garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, mining and agricultural operations and from community activities, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, as amended, and waste which appears on the list of hazardous waste promulgated by the commissioner of environmental conservation pursuant to section 27-0903 of the environmental conservation law. See N.Y. Public Authorities Law 2702
- Solid waste management facility: shall mean any facility, plant, works, system, building, structure, improvement, machinery, equipment, fixture or other real or personal property which is to be used, occupied or employed for or is incidental to the collecting, receiving, transporting, storage, processing, or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom including, but not limited to, recycling centers, transfer stations, shredding or baling facilities, rail haul or maritime facilities, collection vehicles, processing systems, resource recovery facilities, steam and electric generating and transmission facilities, including auxiliary facilities to supplement or temporarily replace such generating facilities, steam distribution facilities, sanitary landfills, leachate treatment facilities, plants and facilities for compacting, composting or pyrolization of solid wastes, secure land burial facilities, landspreading facilities, surface impoundments and waste oil storage, reprocessing and refining facilities, incinerators and other solid waste disposal, reduction or conversion facilities, and "resource recovery equipment" and "disposal equipment" as such terms are defined in subdivisions four and five of section 51-0903 of the environmental conservation law. See N.Y. Public Authorities Law 2702
- United States: shall mean the United States of America or any department, agency or instrumentality thereof acting on behalf of the United States of America. See N.Y. Public Authorities Law 2702
- Water facility: shall mean any water supply or distribution system or systems, including any plants, works, instrumentalities or parts thereof and appurtenances thereto, lands, easements, rights in land and water rights, right-of-way, contract rights, franchises, approaches, connections, dams, reservoirs, water mains and pipe lines, pumping stations and equipment, or any other property incidental to and included in such system or part thereof, and any improvements, extensions and betterments. See N.Y. Public Authorities Law 2702
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.