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Thence northerly along the easterly side of the Hutchinson River Expressway on a line forming an interior angle of 37 Degrees, 52 Minutes, 30 Seconds a distance of 1319.078 feet;

Thence South 51 Degrees, 30 Minutes, 40.7 Seconds East 334.229 feet; Thence South 78 Degrees, 39 Minutes, 39. 2 Seconds East 278.976 feet; Thence North 75 Degrees, 34 Minutes, 25.8 Seconds East 63. 246 feet; Thence South 32 Degrees, 51 Minutes, 40 Seconds East 100.00 feet; Thence South 38 Degrees, 42 Minutes, 14.2 Seconds West 63. 246 feet; Thence South 43 Degrees, 06 Minutes, 9.5 Seconds West 206. 155 feet; Thence South 32 Degrees, 51 Minutes, 40 Seconds East 430.00 feet; Thence North 57 Degrees, 8 Minutes, 20 Seconds East 460.00 feet to the point of beginning.

The above land adjoins Blocks 5548, 5570, 5574 and 5622 Section 18 of the Land Map of the Borough of the Bronx, City and State of New York. 3. This act shall take effect immediately.


AN ACT to amend the public authorities law, in relation to creating the inter-municipal solid waste management authority

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Article 8 of the public authorities law is amended by adding a new title 13-L to read as follows:



Section 2052-a. Short title.

2052-b. Definitions.

2052-c. Greater Troy area solid waste management authority.

2052-d. Transfer of property to authority; acquisition of property by local governments for authority.

2052-e. Powers of the authority.

2052-f. Governmental capacity of the authority and local govern


2052-g. Transfer of officers and employees.

2052-h. Bonds of the authority.

2052-1. Remedies of bondholders.

2052-j. State, local

on bonds.

governments and municipalities not liable

2052-k. Moneys of the authority.

2052-1. Bonds and notes as legal investment.

2052-m. Agreement with the state.

2052-n. Exemption from taxes, assessments and certain fees.

2052-0. Actions against the authority.

2052-p. Contracts.

2052-q. Interest in contracts prohibited.

2052-r. Audit and annual report.

2052-s. Limited liability.

2052-t. Contracts with the local governments and other munici

palities; powers of municipalities.

2052-u. Solid waste reserve fund.

2052-v. Environmental applications, proceedings, approvals and permits.

2052-w. Separability.

2052-x. Effect of inconsistent provisions.

2052-y. Contracts for design,


construction, service and mate

Short title. This title shall be known and may be cited as the "Greater Troy area solid waste management authority act."


2052-b. Definitions. As used or referred to in this title, unless a different meaning clearly appears from the context:

1. "Area of operation"

section which

and the towns included in subdivision twenty-one of this means area within the boundaries of the city elect to participate in the authority pursuant to subdivision six of section two thousand fifty-two-c of this title.

2. "Authority" shall mean the public benefit corporation created by section two thousand fifty-two-c of this title, known as the interunicipal solid waste management authority.


3. "Bonds" shall mean the bonds, notes or other evidences of indebtedness issued by the authority pursuant to this title and the


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.

4. "Chief executive officer" shall mean the city manager, in the city, and the supervisor, in each of the towns.


5. "City" shall mean the city of Troy. 6. "Construction" shall mean the acquisition, erection, building, alteration, improvement, increase, enlargement, extension, repair, or rehabilitation of a solid waste management the engineering,

struction, renovation

facility; the inspection and supervision thereof; and architectural, legal,

fiscal and economic investigations and studies, specifications, procedures

surveys, designs, plans, working drawings, and other actions incidental thereto.

of construction, the cost of the acquisition of all property,

applied to any project, shall mean and include the cost


7. "Cost" as real property and other property, both real and personal and improved demolishing, removing or relocating any on lands So acquired, including the cost of

and unimproved, the cost of buildings or structures relocating tenants or other occupants of the buildings or structures


land, including the cost


of acquiring any lands to which such



buildings or structures may be moved or relocated, the cost of all tems, facilities, machinery, apparatus and equipment, financing charges, interest prior to, during and after construction to the extent not


of con

to the

sultant and legal services, and architectural surveys, plans and specifications, the cost provided for from revenues or other sources, the cost of engineering surance and the cost of other expenses necessary or the cost of lease guarantee or bond inincidental construction thereof, including the amount authorized in the resolution of the authority providing for the issuance of bonds to be paid into any to the local governments, any municipality, and state agency, the state, financing of the placing of any project in operation the United States government or any other person for

[blocks in formation]

other special fund from the proceeds of such bonds, the and reimbursement

expenditures that

costs of the project hereunder had they been made directly by

the authority.

8. "Governing body" shall mean the members of the authority constitut


cting as the governing body of the authority.



or local governing entities of those towns included in subtwenty-one of this section and of the city of Troy.

Brunswick, East Greenbush, North Greenbush and Schodack.

10. "Local governments" shall mean the city of Troy and the towns of

11. "Municipality" shall

mean any county, city, town, village, im

provement district, area established under the town law, refuse district established under the county law, district or area having powers similar to a refuse district created under any general or special law, or agency or public corporation of the state, or any combination thereof. joint venture or corporation, exclusive of a public corporation. appurtenances thereto necessary or desirable to promote and any construction, operation or maintenance of which is authorized to be un

shall mean any natural person, partnership, association,

12. "Person"


in whole

the efficiency

including any real property required in connection therewith.

or in part by the authority pursuant to this title,

EXPLANATION-Matter in italics is new; matter in brackets [] is old law

14. "Real property" shall mean lands, structures, franchises and interests in land, waters, lands underwater, riparian rights and air rights and any and all things and rights included within said term and includes not only fees simple absolute, but also any and all lesser interests including, but not limited to, easements, rights-of-way, uses, leases, licenses and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, including terms for years and liens thereon by way of judgments, mortgages or otherwise.

15. "Resource recovery" shall mean the separation, extraction and recovery of usable materials, energy or heat from solid waste through source separation, recycling centers or other programs, projects or facilities.

16. "Revenues" shall mean all rates, fees, rents, charges and other income derived by the authority from its operations. 17. "Solid waste" shall mean all materials or substances discarded or rejected as being spent, useless, worthless or in excess to the Owners at the time of such discard or rejection, including, but not limited to, garbage, refuse, industrial, agricultural and commercial waste, 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, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the commissioner of environmental conservation pursuant to section 27-0903 of the environmental conservation law.


18. "Solid waste management facility" or "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 beyond the initial solid waste collection process for the receiving, transporting, storage, processing, or disposal of solid waste or the recovery by any means of any material' energy product or resource therefrom including but not limited to recycling centers, transfer stations, 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, plants and facilities for compacting, composting or pyrolization of solid wastes, incinerators and other solid waste disposal, reduction or conversion facilities and resource recovery equipment, source separation equipment and disposal equipment as defined in subdivisions four and five of section 51-0903 of the environmental conservation law.


19. "Source separation" shall mean the segregation of recyclable materials from the solid waste stream at the point of generation separate collection, sale or other disposition.

20. "State" shall mean the state of New York.

21. "Towns" shall mean the towns of Brunswick, East Greenbush, North Greenbush and Schodack jointly or individually as shall be determined by the usage of such terms in this title, or such of them that satisfy the requirements of subdivision six of section two thousand fifty-two-c of this title by filing the certificate required by that section.

§ 2052-c. Greater Troy area solid waste management authority. 1. A corporation known as the Greater Troy area solid waste management authority is hereby created for the public purposes and charged with the duties and having the powers provided in this title. The authority shall be a body corporate and politic constituting a public benefit corporation. It shall consist of five members, one member to be appointed by the legislative body of each local government.

2. Each member of the authority shall be appointed to serve a fiveyear term. Subsequent appointments of members shall be made for a term of five years ending in each case on December thirty-first of the last year of such term. All members shall continue to hold office until their successors are appointed and qualify. Vacancies occurring at the end of a term shall each be filled and appointed for a five-year term by the affected local government. Vacancies occurring otherwise than by expiration of term shall be filled for the remainder of such term in the same manner as provided for in the original appointment. Members may be removed from office by the legislative body of the local government from which appointed, in the sole discretion of such legislative body for any

reason. Appointments to fill expired and unexpired terms shall be made within sixty days upon receipt of notification by the affected chief executive officers of such local governments that a vacancy exists. 3. The members of the authority shall receive no compensation for their services but shall be reimbursed for all of their actual and necessary expenses incurred in connection with the carrying out of the purposes of this title. The powers of the authority shall be vested in and be exercised by the governing body at a meeting duly called and held where a quorum of three members are present. No action shall be taken except by the favorable vote of at least three members. The officers of the authority shall consist of a chairman, a vice-chairman and a treaSurer who shall be members of the authority, and a secretary who need not be a member of the authority. The officers of the authority shall be selected by the authority and shall serve in such capacities at the pleasure of the authority. In addition to the position of secretary, authority may appoint and at pleasure remove an executive director, attorneys and engineers, which positions shall be in the exempt class of civil service, and such additional officers and employees as it may deem necessary, and may determine and fix their qualifications, duties and compensation, subject to the provisions of the civil service law. The authority may delegate to one or more of its members, officers, agents or employees any such powers as it may deem proper. The authority may also contract for expert professional services. The treaSurer shall execute the duties of his or her office, the amount a bond conditioned on the faithful performance of and sufficiency of which


be paid by the authority.

the premium for which shall



or local law, ordinance, resolution or charter, 4. Notwithstanding any inconsistent provision of any general, special no officer, member or employee of the state, any municipality or any public benefit corporation shall forfeit his or her office or employment by reason of her acceptance of appointment as a member, officer, agent or employee of of the authority be deemed incompatible or in conflict with such office, the authority, nor shall service as a member, officer, agent or employee Dembership or employment. body of each of the local governments may appropriate by resolution sums authority to be incurred prior to the first issuance of



5. In addition

to any powers granted to it by law, the legislative

money to defray project costs or any other costs and expenses of the bonds. Subject governments may determine if the moneys so appropriated shall be subject the rights of bondholders, the legislative body of each of the local eventuality, the manner and schedule for such repayment. repayment by the authority to such local government and, in such The chief executive officer of each of the local governments


6. (a)



shall file on or before December thirty-first of the year in which title shall take effect, in the office of the secretary of state, a certificate approved by each of the legislative bodies of each local forth: (1) the name of the authority; (2) the name



of the member


and signed by each of the chief executive officers setting

local law or ordinance as prescribed in section one hundred twenty-aa of






the legislative body; (3) a verified copy of a duly adopted municipal law; (4) the effective date of this title. The shall be perpetual in duration, except that if any of the not file such a certificate with the secretary of state on be included within the and shall not be a local government as defined hereinabove, if such certificate is not filed by the city and by one the towns on or before such date, then the corporate existence it shall thereupon be


or before such date, then such town shall not


and further more of



of the authority shall thereupon terminate and deemed to be and shall be dissolved; provided, however, that no such termination shall take effect so long as the authority shall have or other obligations outstanding unless adequate provision has been made for the payment or satisfaction thereof.

(b) Except

as provided in paragraph (a) of this subdivision, the


authority and its corporate existence shall be perpetual in duration and Such law shall take effect so long as the authority shall have bonds other obligations outstanding unless adequate provision has been made for the payment or satisfaction thereof. Upon termination

of the ex

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

istence of the authority, all of the rights and properties of the authority then remaining shall pass to and vest in each of the local governments in accordance with such law.

(c) Upon the filing of the certificate with the secretary of state as set forth in paragraph (a) of this subdivision, each local government filing such certificate shall be prohibited from withdrawing from the authority. A local government may withdraw from the authority only pursuant to a state law that complies with the terms of paragraph (b) of this subdivision.

7. It is hereby determined that the authority and the carrying out of its powers and duties are in all respects for the benefit of the people of the local governments, the municipalities within the area of operation and the state for the improvement of their health, welfare and prosperity and that such purposes are public purposes and that the authority is and will be performing an essential governmental function in the exercise of the powers conferred upon it by this title.

§ 2052-d. Transfer of property to authority; acquisition of property by local governments for authority. 1. Each of the local government's or any other municipality within the area of operation may give, grant, sell, convey, loan, license the use of or lease to the authority any property or facility which is useful to the authority in order to carry out its powers under this title. Any such transfer of property shall be upon such terms and conditions, subject to the rights of the holders of any bonds, as the authority and such local governments or other municipalities may agree. Any such gifts, grants, sale, conveyance, loan or license shall not be subject to referendum, permissive or mandatory.

2. Notwithstanding the provisions of any other law, general, special or local, real property acquired by the authority, any of the local governments or any other municipality within the area of operation from the state may be used for any corporate purpose of the authority.

§ 2052-e. Powers of the authority. The authority shall have the power: 1. To sue and be sued.

2. To have a seal and alter the same.



To acquire in the name of the authority, hold, sell, lease, mortgage or otherwise dispose of property, real, personal or mixed, or interest therein, without limitation, for its corporate purposes.

4. To take by eminent domain, in the name of the authority, pursuant to the eminent domain procedure law, any real property within the area of operation required by the authority to carry out the powers granted by this title.


5. To collect, receive, transport, process, dispose of, sell, store, convey, recycle and deal with, in any lawful manner and way, solid waste and any products or by products thereof now or hereafter developed or discovered, including any energy generated by the operation of any solid waste management facility. Any such disposal or sale may be effected on such terms and in such manner as the authority may deem proper; provided, however, that in the acquisition of any real property designated as the site for any facility, the authority shall give consideration to the present and any proposed land use character of the area in which the site is to be located and zoning laws or regulations, if otherwise generally applicable to such area. The authority shall not determine to construct a facility within its area of operation without approval of the proposed location of the facility by a unanimous vote of the governing body of the authority. The authority shall not determine to construct a facility outside of its area of operation without the approval of the solid waste management planning unit (as that term is defined in section 27-0107 of the environmental conservation law) responsible for the municipality in which such facility is to be constructed and without the approval of the chief executive officer and local legislative body of such municipality.

6. To plan, develop and construct projects and to pay the cost thereof and to have the right to contract in relation thereto with the towns or other municipalities or persons within or without the area of operation and to own and operate, maintain, repair, improve, reconstruct, enlarge and extend, subject to the provisions of this title, any of its projects acquired or constructed under this title, to enter into contracts for any and all such purposes and for the management and operation of a project, and to sell, lease, mortgage or otherwise dispose of any project or part thereof to any person or public corporation, municipality or the state, subject to such conditions and limitations as the authority may determine to be in the public interest.

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