New York Laws
Title 13-H - Eastern Rensselaer County Solid Waste Management Authority
2050-TT - Pledge by Towns; Contracts With Municipalities; Powers of Municipalities.

§ 2050-tt. Pledge by towns; contracts with municipalities; powers of
municipalities. 1. The towns are hereby authorized to pledge to and
agree with the holders of any bonds that the towns will not limit or
impair the rights hereby vested in the authority to purchase, construct,
own and operate, maintain, repair, improve, increase, enlarge, extend,
reconstruct, renovate, rehabilitate or dispose of any project, or any
part or parts thereof, for which bonds of the authority shall have been
issued, to establish and collect rates, rents, fees and other charges
referred to in this title and to fulfill the terms of any agreements
made with the holders of the bonds or with any public corporation or
person with reference to such project or part thereof, or in any way
impair the rights and remedies of the bondholders, until the bonds,
together with interest thereon, including interest on any unpaid
installments of interest, and all costs and expenses in connection with
any action or proceeding by or on behalf of the bondholders are fully
met and discharged.

2. The authority and the towns shall have power to contract from time
to time 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 solid waste management-resource recovery facility.
Any such contract to which the authority, the towns or any municipality
within the area of operation are parties may include provisions
stipulating the minimum and/or maximum rates, rentals, fees and other
charges to be collected for the use and availability of facilities. Any
contract may also include provisions: (a) requiring any such town or
municipality to deliver, or cause to be delivered, periodically to a
specified facility or facilities all or any portion of the solid waste
generated, originated or brought within such town or municipality and
providing for specified minimum periodic payments whether or not such
delivery of any such solid-waste is made; (b) reserving to any such town
or municipality, and granting by the authority to any such town or
municipality, a portion of or the entirety of the capacity of a solid
waste management-resource recovery facility as any such town or
municipality determines is reasonably necessary to meet its present and
reasonably anticipated needs and providing for specified minimum
periodic payments in consideration thereof, or (c) requiring the towns
to pay such amounts as shall be necessary to assure the continued
operation and solvency of the authority, all such payments to be
determined and paid in such manner and at such times as may be provided
in such contract.

3. 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 towns and all other municipalities
within the area of operation, as instrumentalities of the state, 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 and disposing of solid waste or the recovery by any means of
any material or energy product or resource therefrom, including, without
limiting the generality of the foregoing, 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 solid waste
management-resource recovery facility; provided, however, that any such

local law, ordinance or regulation enacted by the towns shall take
precedence over and shall supersede any inconsistent provisions of any
such local law, ordinance or regulation enacted by any other
municipality within the area of operation. 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 shall constitute an offense or infraction,
and may provide that any violation 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. Upon the adoption of any local law, ordinance or regulation
pursuant to this section, the towns or other municipality shall file a
verified copy of such local law, ordinance or regulation with the
commissioner of the department of environmental conservation; provided,
however, that the failure to so file such a local law, ordinance or
regulation shall not invalidate such local law, ordinance or regulation.
Upon the adoption or amendment of any local law or ordinance pursuant to
section one hundred twenty-aa of the general municipal law, any or all
of the towns, by their respective legislative body, is authorized and
empowered to delegate and assign to the authority, in whole or in part,
by contract and on such terms as the parties may agree, the
administration and implementation of the source separation and recycling
program. Such delegation and assignment powers should be in addition to
any other contracting powers and authority the towns may have under this
section.

For purposes of this subdivision, solid waste shall have the meaning
specified in 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.

4. The towns are 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 this section. Any resale of or
other disposition may be made in such manner as the towns may deem
proper and upon such terms and conditions as may be agreed upon by the
parties thereto.

5. The towns and all other municipalities within the area of operation
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.

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-resource
recovery facility, or part thereof, financed in whole or in part by the
authority.