2052-T - Contracts with the local governments and other municipalities; powers of municipalities.
§ 2052-t. Contracts with the local governments and other municipalities; powers of municipalities. 1. Any of the local governments and any of the municipalities located within the area of operation, or the authority and any of the local governments or such municipalities, shall have the 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 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 facility. Any such contract to which the authority, any local government 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 such contract may also include provisions (i) requiring the periodic delivery to a specified facility or facilities of all or any portion of the solid waste generated, originated or brought within such local government or municipality and providing for specified minimum periodic payments whether or not such delivery is made or caused to be made, subject only to such exceptions, terms and conditions as may be provided therein, or (ii) requiring each of the local governments or other municipalities to pay 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. 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 the primacy of the local and regional role in solid waste management and resource recovery procedures. To further the governmental and public purposes of this title, 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, each of the local governments 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 a local government shall take precedence over and shall supersede any inconsistent provisions of any such local law, ordinance or regulation enacted by any other municipalities 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 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 title, a local government 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 failure to so file such a local law, ordinance or regulation shall not invalidate such local law, ordinance or regulation. 3. The local governments 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 subdivision one of this section. Any resale or other disposition may be made in such manner as each of the local governments may deem proper and upon such terms and conditions as may be agreed upon by the parties thereto. 4. The local governments and all other municipalities within the area of operation shall have the power to perform such other acts, to enter into such other contracts, including contracts between or among themselves or other municipalities, 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 twenty-five 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.