2051-T*2 - Pledge by town; contracts with municipalities; powers of municipalities.
* § 2051-t. Pledge by town; contracts with municipalities; powers of municipalities. 1. The town is hereby authorized to pledge to and agree with the holders of the bonds that the town will not limit or impair the rights hereby vested in the agency to purchase, construct, maintain, operate, repair, improve, increase, enlarge, extend, reconstruct, renovate, rehabilitate or dispose of any project, or any part or parts thereof, for which bonds of the agency 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, with 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. Subject to the provisions of subdivision four of this section, any incorporated village within the town may choose to arrange for the collection, receiving, transporting, storage, processing or disposal of solid waste generated or originated within its boundaries by filing notice of such intent with the town within thirty days of receipt of notice that the certificate required by paragraph (a) of subdivision four of section twenty hundred fifty-one-c of this title has been filed with the secretary of state. The filing of notice pursuant to this subdivision by a village shall not, however, limit the town, the agency, or such village from exercising their powers to enter into contracts pursuant to subdivision three, six or seven of this section, and shall not limit the town in its exercise of the authority granted to it pursuant to subdivision four of this section to adopt a local law imposing limitations on competition with respect to collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste generated, originated or brought within the boundaries of such village or the recovery of energy or materials from such waste. 3. The town and one or more municipalities within the town, or the agency and the town, shall have power to contract from time to time between or among themselves, or among themselves and with the agency, 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 town and any municipality within the town 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 agency and the town are parties may include provisions (a) requiring the periodic delivery to the particular facilities of minimum amounts of solid waste and providing for specified minimum periodic payments whether or not such delivery is made subject to such limitations, exceptions and provisions therein or (b) requiring the town 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. 4. To further the governmental and public purposes of the agency or the town, including the implementation of any contract or proposed contract contemplated by this title, the town shall have the power to adopt and amend local laws 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 orresource therefrom, including, local laws requiring that all solid waste generated, originated or brought within its boundaries, including incorporated villages, 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 enacted by the town shall take precedence over and shall supersede any inconsistent provisions of any local law enacted by a municipality within the town. 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 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. 5. The town, and all other municipalities within the town, shall adopt a local law or ordinance pursuant to section one hundred twenty-aa of the general municipal law no later than two years after the effective date of this title. Any such local law or ordinance adopted by the town shall take precedence over and shall supersede any inconsistent provisions of any such local law or ordinance adopted by a municipality within the town. 6. The town is hereby authorized to resell or otherwise dispose of all or any part of the materials, energy, by-products or residue purchased from the agency pursuant to subdivision two of this section. Any resale of or other disposition may be made in such manner as the town may deem proper and upon such terms and conditions as may be agreed upon by the parties thereto. 7. The town and all other municipalities within the town 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 agency. 8. 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. 9. Any contract entered into pursuant to this section to which the agency shall be a party may be pledged by the agency as security for any issue of bonds, and may be assigned, in whole or in part, by the agency, 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 agency. 10. Any contract, lease or agreement entered into by the agency pursuant to this title and which provides for the construction of a facility which combusts solid waste, shall provide for the utilization of the best available technology to control the environmental impact of such facility. Such technology may include fabric filtration and dry scrubbers to control particulate and acid gas emissions. Any facility at a minimum shall be constructed and operated in compliance with requirements of the department of environmental conservation. * NB There are 3 § 2051-t's