senate Bill S4555A

Signed by Governor

Relates to the Montgomery, Otsego, Schoharie county solid waste management authority

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 12 / Apr / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 14 / Apr / 2011
    • AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 14 / Apr / 2011
    • PRINT NUMBER 4555A
  • 18 / May / 2011
    • 1ST REPORT CAL.769
  • 23 / May / 2011
    • 2ND REPORT CAL.
  • 24 / May / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • HOME RULE REQUEST
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 16 / Jun / 2011
    • SUBSTITUTED FOR A7212
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.375
  • 16 / Jun / 2011
    • HOME RULE REQUEST
  • 16 / Jun / 2011
    • PASSED ASSEMBLY
  • 16 / Jun / 2011
    • RETURNED TO SENATE
  • 28 / Dec / 2011
    • DELIVERED TO GOVERNOR
  • 01 / Feb / 2012
    • SIGNED CHAP.610

Summary

Relates to authorizing Otsego county to withdraw from the Montgomery, Otsego, Schoharie county solid waste management authority.

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Bill Details

See Assembly Version of this Bill:
A7212
Versions:
S4555
S4555A
Legislative Cycle:
2011-2012
Law Section:
Public Authorities Law
Laws Affected:
Ren §§2041-w & 2041-x to be §§2041-x & 2041-y, add §2041-w, Pub Auth L

Sponsor Memo

BILL NUMBER:S4555A

TITLE OF BILL:
An act
to amend the public authorities law, in relation to the Montgomery,
Otsego, Schoharie county solid waste management authority

PURPOSE:
To authorize Otsego County, at its option, to terminate its
participation in the Montgomery, Otsego, Schoharie Solid Waste
Authority (MOSA).

SUMMARY OF PROVISIONS:
Adds a new section 2041-w to the public
authorities law to establish a process by which Otsego County may
terminate its membership in MOSA. Provides for the equitable
distribution of the authority's assets and liabilities among
component counties.

Section 2 provides for an immediate effective date.

EXISTING LAW:
Currently, Otsego County is a component county of the
solid waste authority.

JUSTIFICATION:
Otsego County voluntarily joined two other counties in
1988 to create a tri-county waste authority to handle its solid waste
and recycling needs. Now, two decades later, the county wishes to
exercise its rights under home rule to withdraw from the compact.

The county, through its duly elected representatives, has requested
that it be permitted to end its participation in the solid waste
authority. The county has conducted extensive study and research into
its options and obligations, and believes that its constituents are
better served if the county handles its own solid waste program. The
authority's bonds have been retired and all landfill post-closure
responsibilities are defined in a 2009 agreement among the
authority's component counties. County officials cite a September 20,
2010 report by the state authorities budget office (ABO), which
identified significant operational and systemic deficiencies in the
MOS Authority and recommended a complete overhaul and review of the
authority's operations, procedures and policies, and an examination
of the authority's continued viability.

The bill requires the equitable apportionment of the authority's
assets and liabilities and defines Otsego's share of assets and
liabilities as its percentage of the total population served by the
three county authority.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediate.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4555--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and   Commissions  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation to the  Montgom-
  ery, Otsego, Schoharie county solid waste management authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Sections 2041-w and 2041-x of the  public  authorities  law
are renumbered 2041-x and 2041-y, respectively, and a new section 2041-w
is added to read as follows:
  S  2041-W.  WITHDRAWAL OF OTSEGO COUNTY. NOTWITHSTANDING ANY PROVISION
OF LAW TO THE CONTRARY, OTSEGO COUNTY IS HEREBY AUTHORIZED TO  TERMINATE
ITS  MEMBERSHIP  IN THE MONTGOMERY, OTSEGO, SCHOHARIE COUNTY SOLID WASTE
MANAGEMENT AUTHORITY.
  SUCH TERMINATION SHALL BE EFFECTIVE UPON APPROVAL OF A RESOLUTION BY A
MAJORITY OF THE DULY CONSTITUTED MEMBERSHIP OF THE OTSEGO  COUNTY  BOARD
OF  REPRESENTATIVES,  FILED WITH THE AUTHORITY AND THE LEGISLATIVE BOARD
CLERKS OF THE COMPONENT COUNTIES.  THE AUTHORITY AND OTSEGO COUNTY SHALL
EXECUTE A PLAN FOR OTSEGO COUNTY'S ASSUMPTION OF  ITS  PROPORTIONAL  AND
EQUITABLE  SHARE OF THE AUTHORITY'S ASSETS AND LIABILITIES. FOR PURPOSES
OF THIS SECTION, "PROPORTIONAL AND EQUITABLE SHARE  OF  THE  AUTHORITY'S
ASSETS AND LIABILITIES" SHALL BE BASED ON THE POPULATION OF OTSEGO COUN-
TY  AS  COMPARED  TO  THE  TOTAL  POPULATION  OF THE THREE COUNTIES THAT
CONSTITUTE THE AUTHORITY BASED ON THE TWO THOUSAND  TEN  CENSUS.  ASSETS
SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE AUTHORITY'S RESERVE AND OPER-
ATING FUNDS AND RIGHTS TO THE USE OF ANY MONTGOMERY,  OTSEGO,  SCHOHARIE
COUNTY  SOLID  WASTE  MANAGEMENT AUTHORITY OPERATED TRANSFER STATIONS IN
OTSEGO COUNTY SUBJECT TO THE CONDITIONS HELD BY THE RESPECTIVE OWNERS OF
THE PROPERTIES.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09825-04-1

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