senate Bill S6128

Signed By Governor
2011-2012 Legislative Session

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

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Archive: Last Bill Status Via A8902 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 01, 2012 signed chap.7
Jan 31, 2012 delivered to governor
Jan 30, 2012 returned to assembly
passed senate
3rd reading cal.75
substituted for s6128
Jan 30, 2012 substituted by a8902
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.75
Jan 04, 2012 referred to corporations, authorities and commissions

Votes

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Jan 18, 2012 - Corporations, Authorities and Commissions committee Vote

S6128
5
0
committee
5
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Jan 18, 2012

excused (1)

S6128 - Bill Details

See Assembly Version of this Bill:
A8902
Law Section:
Public Authorities Law
Laws Affected:
Amd §§2041-a, 2041-b & 2041-w, Pub Auth L (as proposed in S.4555-A and A.7212)

S6128 - Bill Texts

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Relates to the Montgomery, Otsego, Schoharie county solid waste management authority; provides for Ostego county's termination of its membership therein.

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BILL NUMBER:S6128

TITLE OF BILL:

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

PURPOSE OF BILL:

To clarify a chapter of the laws of 2011 amending the Montgomery,
Otsego, Schoharie county solid waste management authority ("MOSA")
act, Title 13-AA of the public authorities law, as proposed in
legislative bill numbers S.4555-A and A.7212, that would allow
Otsego county, under certain circumstances, to terminate its
membership in MOSA and to amend provisions of the MOSA act to take
into account the possibility that Otsego county would so terminate
such membership.

SUMMARY OF PROVISIONS:

Section 1 of the bill would provide a new definition for "authority"
if and at such time Otsego county terminates its membership in MOSA.

Section 2 would provide a new membership structure for the board of
the authority if and at such time Otsego county terminates its
membership in MOSA.

Section 3 would amend § 2041-w of the MOSA act, as amended by a
chapter of the laws of 2011 as proposed in legislative bill numbers
S.4555-A and A.7212, to (i) ensure that Otsego county meets its
obligations and responsibilities, and terminates its membership,
consistent with existing and hereafter-entered superseding agreements
between the authority and the three counties, and (ii) establish a
formula based upon a 2009 agreement between the parties to be used
with respect to dividing up each of the counties' assets and
liabilities upon such termination.

Section 4 would make the bill effective on the same date and in the
same manner as a chapter of the laws of 2011 amending the MOSA act,
as proposed in legislative bill numbers S.4555-A and A.7212.

EXISTING LAW:

The MOSA act, originally enacted in 1987, established a tri-county
authority to address solid management-related matters in Montgomery,
Otsego and Schoharie counties. A chapter of the laws of 2011 as
proposed in legislative bill numbers S.4555-A and A.7212 would
provide Otsego county with the authority, under certain
circumstances, to terminate its membership in MOSA and establish an

allocation formula to be used by the three counties upon such
termination.

STATEMENT IN SUPPORT:

The bill would clarify that Otsego County's termination of its
membership in MOSA must be consistent with existing or
hereafter-entered agreements between MOSA and the three counties,
conform provisions of the MOSA act with the authority granted to
Otsego county to terminate its membership, and to provide a formula
to be used with respect to dividing up each of the counties' assets
and liabilities upon such termination.

EFFECTIVE DATE:

Effective on the same date and in the same manner as a chapter
of the laws of 2011 amending the MOSA act, as proposed in
legislative bill numbers S.4555-A and A.7212.

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

                                  6128

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

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.  Subdivision 2 of section 2041-a of the public authorities
law, as added by chapter 747 of the laws of 1987, is amended to read  as
follows:
  2.  "Authority"  shall  mean the public benefit corporation created by
section two thousand forty-one-b of this title, known as the Montgomery,
Otsego, Schoharie solid waste management authority.  IF AND AT SUCH TIME
THAT OTSEGO COUNTY TERMINATES ITS MEMBERSHIP IN THE  AUTHORITY  PURSUANT
TO SECTION TWO THOUSAND FORTY-ONE-W OF THIS TITLE, THE "AUTHORITY" SHALL
BE  KNOWN  AS  THE MONTGOMERY-SCHOHARIE SOLID WASTE MANAGEMENT AUTHORITY
AND OTSEGO COUNTY WOULD NO LONGER BE CONSIDERED ONE OF THE  "PARTICIPAT-
ING COUNTIES" FOR THE PURPOSES OF THIS TITLE.
  S  2.    Section  2041-b  of  the public authorities law is amended by
adding a new subdivision 6 to read as follows:
  6. IF AND AT SUCH TIME THAT OTSEGO COUNTY TERMINATES ITS MEMBERSHIP IN
THE AUTHORITY PURSUANT TO  SECTION  TWO  THOUSAND  FORTY-ONE-W  OF  THIS
TITLE,  THE MEMBERSHIP OF THE BOARD SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION SHALL CONSIST  OF  NO  MORE  THAN  SIX  MEMBERS,  WHO  SHALL  BE
APPOINTED  AS FOLLOWS: THREE MEMBERS FROM THE COUNTY OF MONTGOMERY TO BE
APPOINTED BY THE CHAIRMAN OF THE BOARD OF SUPERVISORS AND  CONFIRMED  BY
THE  BOARD  OF SUPERVISORS OF SUCH COUNTY ALL OF WHOM SHALL BE RESIDENTS
OF THE COUNTY AND AT LEAST ONE OF WHOM SHALL BE A RESIDENT OF  THE  CITY
OF  AMSTERDAM;  THREE  MEMBERS  FROM THE COUNTY OF SCHOHARIE ALL OF WHOM
SHALL BE RESIDENTS OF THE COUNTY AND  WHO  SHALL  BE  APPOINTED  BY  THE
CHAIRMAN  OF  THE  BOARD  OF  SUPERVISORS  AND CONFIRMED BY THE BOARD OF
SUPERVISORS OF SUCH COUNTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09825-06-1

S. 6128                             2

  S 3. Section 2041-w of the public authorities law, as added by a chap-
ter of the laws of 2011, amending the public authorities law relating to
the Montgomery, Otsego, Schoharie county solid waste management authori-
ty, as proposed in legislative bills numbers S. 4555-A and A.  7212,  is
amended to read as follows:
  S   2041-w.  Withdrawal  of  Otsego  county.  1.  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];  PROVIDED,  HOWEVER,  THAT  OTSEGO  COUNTY
SHALL  FULFILL  ITS OBLIGATIONS AND RESPONSIBILITIES, AND TERMINATE SUCH
MEMBERSHIP, AS MAY BE  REQUIRED  BY  AND  CONSISTENT  WITH  EXISTING  OR
HEREAFTER-ENTERED  SUPERSEDING AGREEMENTS BETWEEN THE AUTHORITY, AND THE
COUNTIES OF MONTGOMERY, OTSEGO, AND SCHOHARIE, AND BECOME effective upon
approval of a resolution by a majority of the duly  constituted  member-
ship  of  the  Otsego  county  board  of representatives, filed with the
authority and the legislative board clerks of the component counties.
  2. The authority and THE COUNTIES OF MONTGOMERY, Otsego  [county]  AND
SCHOHARIE  shall  execute  a  plan for Otsego county's assumption of its
proportional and equitable share of the authority's assets  and  liabil-
ities.  For  purposes of this section, "proportional and equitable share
of the authority's assets and liabilities" shall be based on the  [popu-
lation of Otsego county as compared to the total population of the three
counties  that  constitute  the  authority based on the two thousand ten
census] ALLOCATION PERCENTAGES SPECIFIED IN THE "POST CLOSURE MONITORING
AND MAINTENANCE AGREEMENT",  DATED  DECEMBER  NINETEENTH,  TWO  THOUSAND
NINE,  ENTERED  INTO  BETWEEN  THE  MONTGOMERY, OTSEGO, SCHOHARIE COUNTY
SOLID WASTE MANAGEMENT AUTHORITY AND THE THREE COUNTIES.   Assets  shall
include,  but  not  be limited to, the authority's reserve and operating
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  4.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws of 2011, amending the public authorities
law relating to the Montgomery, Otsego,  Schoharie  county  solid  waste
management authority, as proposed in legislative bills numbers S. 4555-A
and A. 7212, takes effect.

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