Legislation
SECTION 2053-E
Powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13-M
§ 2053-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.
3. To acquire in the name of the authority, hold, sell, lease,
mortgage or otherwise dispose of property, real, personal or mixed, or
any interest therein, without limitation, for its corporate purposes.
In selecting the location for any real property to be acquired or
leased, the authority shall give consideration to the present and any
proposed land use character of the area in which such site is to be
located and shall be subject to and exempt from the zoning laws or
regulations, if any, otherwise generally applicable to such area to the
same extent that the county is subject to and exempt from the zoning
laws or regulations otherwise generally applicable to such area. The
authority shall not acquire or lease any interest in real property
except upon compliance with the procedure set forth in section two
thousand fifty-three-f of this title.
4. To condemn in the name of the authority pursuant to the eminent
domain procedure law, any real property within the county and required
by the authority to carry out the powers granted by this title, subject
to the provisions of section two thousand fifty-three-f of this title.
5. To collect, receive, transfer, transport, process, dispose of,
sell, store, convey, recycle, compost, combust 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
recovered materials, compost or energy produced or 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.
6. To plan, develop and construct projects and to pay the cost thereof
and to contract in relation thereto with municipalities or persons
within or without the county 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, and to sell, lease, mortgage, grant a security interest in,
pledge, encumber, or otherwise dispose of any project or part thereof to
any person, municipality or public corporation, subject to such
conditions and limitations as the authority may determine to be in the
public interest, and to apply for, hold and perform its obligations
under any permit, license, approval, or other legal entitlement which
may be required for its projects, services or exercise of powers.
7. To assist in the planning, development, construction and operation
of and the financing of the cost of any solid waste management facility
to be located in the county whether or not such solid waste management
facility is to be owned by the authority, which assistance may include
loans to any person or public corporation.
8. To collect or receive from the United States, the state, the
county, any other municipality or public corporation or person, subject
to the limitations of section two thousand fifty-three-f of this title,
solid waste for the purpose of treatment or disposal thereof, with the
right of the authority to sell and dispose of any products or
by-products (including recovered materials, compost or energy) of such
process of treatment or disposal, as the authority may deem proper.
9. To contract with the county, other municipalities, state agencies,
public corporations or persons within or without the county, for the
purpose of receiving, treating and disposing of solid waste or for any
other purpose authorized hereunder, including, without limitation, the
power to contract with municipalities, state agencies, public
corporations or persons for the delivery of all solid waste generated
within a stated area to a specific solid waste management facility.
10. To make rules, regulations and by-laws pertaining to and governing
the management and regulation of its affairs and, subject to agreements
with bondholders, the use of any project or other property of the
authority and the provision of any service by the authority, which
rules, regulations and by-laws and all amendments thereto, duly
certified by the secretary of the authority, shall be filed in the
office of the authority and in the office of the clerk of the county,
and to provide for the enforcement of such rules, regulations and
by-laws by legal or equitable proceedings which are or may be provided
or authorized by law. In addition, the county legislature shall have
power to prescribe that violations of specific rules, regulations and
by-laws of the authority shall constitute violations and provide for the
enforcement of violations thereof by civil penalties, including any such
rules, regulations and by-laws requiring the payment of generator, user
or hauler fees by any person in connection with the service or
availability or service by any facility owned or under contract to the
authority.
11. With the consent of the county executive, to use officers or
employees of the county and to pay a proper portion of the compensation
or costs for the services for such officers or employees.
12. To make contracts and to execute all necessary or convenient
agreements, documents and instruments, including evidences of
indebtedness, negotiable or non-negotiable.
13. To enter on any lands, waterways or premises for the purpose of
making surveys, soundings and examinations, any liability for which
shall not exceed actual damages.
14. To borrow money and to issue bonds and to fund or refund the same,
and to provide for the right of the holders thereof.
15. To procure insurance, letters of credit, lines of credit, or other
credit enhancement with respect to its bonds or notes issued pursuant to
this title, or facilities for the payment of tenders of such bonds or
notes or facilities for the payment upon maturity of short-term notes
not renewed.
16. To enter into interest rate exchange or similar arrangements with
any person under such terms and conditions as the authority may
determine including, without limitation, provisions as to default or
early termination and indemnification by the authority or any other
party thereto for loss of benefits as a result thereof.
17. To fix and collect, as more fully set forth in section two
thousand fifty-three-g of this title, rates, rentals, fees and other
charges for the use of the facilities of, or services provided by, or
any commodities furnished by, the authority, and to contract with any
municipality in respect thereto, so as to provide revenues sufficient at
all times to pay, as the same shall become due, the principal and
interest on the bonds of the authority, together with the maintenance of
proper reserves therefor, in addition to paying, as the same shall
become due, the expenses of operating and maintaining the properties and
business of the authority and meeting all of its contractual and other
obligations, together with proper reserves for debt service,
depreciation, maintenance and contingencies and all other obligations
and indebtedness of the authority.
18. To enter into agreements, in its direction, to pay annual sums in
lieu of taxes to any municipality in respect to any real property which
is owned by the authority and located in such municipality, political
subdivision or taxing district.
19. To accept gifts, grants, loans or contributions from the United
States, the state or any agency or instrumentality of either of them, or
any municipality or from any person or public corporation, by bequest or
otherwise, and to expend the proceeds for any corporate purposes of the
authority.
20. To covenant and consent that the interest on any of its bonds or
notes issued pursuant to this title shall be includible, under the
United States Internal Revenue Code of 1986, as amended, or any
subsequent corresponding internal revenue law of the United States, in
gross income of the holder of the bonds or notes to the same extent and
in the same manner that the interest on bills, bonds, notes or other
obligations of the United States is includible in the gross income of
the holders thereof under said Internal Revenue Code or any such
subsequent law.
21. To act as an agency, as such term is used in section two hundred
fifty-one of the county law.
22. The authority may acquire, hold, own, lease, establish, construct,
effectuate, operate, maintain, renovate, improve, extend or repair any
of its facilities through, and cause any one or more of its powers,
duties, functions or activities to be exercised or performed by, no more
than one wholly-owned subsidiary corporation of the authority for the
sole purposes of operating an animal shelter and providing animal
management services on behalf of one or more municipalities located in
the county of Rockland pursuant to the agriculture and markets law. Such
subsidiary corporation shall be deemed an animal shelter for the
purposes of registration, inspection or any oversight required by law or
regulation by the department of agriculture and markets. The authority
may transfer to or from any such corporation, or between such
corporations, any moneys, real property or other property or the
services of any officers, employees or consultants for any of the
purposes of this title. The directors or members of such subsidiary
corporation shall be the same persons holding the offices of members of
the authority. Such subsidiary corporation and any of its property,
functions and activities shall have all of the privileges, immunities,
tax exemptions and other exemptions of the authority and of the
authority's property, functions and activities. Such subsidiary
corporation shall be subject to the restrictions and limitations to
which the authority may be subject. Such subsidiary corporation shall be
subject to suit in accordance with section two thousand fifty-three-u
this title. The employees of any such subsidiary corporation, except
those who are also employees of the authority, shall not be deemed
employees of the authority.
23. To do all things necessary or convenient to carry out the powers
expressly given in this title.
1. To sue and be sued.
2. To have a seal and alter the same.
3. To acquire in the name of the authority, hold, sell, lease,
mortgage or otherwise dispose of property, real, personal or mixed, or
any interest therein, without limitation, for its corporate purposes.
In selecting the location for any real property to be acquired or
leased, the authority shall give consideration to the present and any
proposed land use character of the area in which such site is to be
located and shall be subject to and exempt from the zoning laws or
regulations, if any, otherwise generally applicable to such area to the
same extent that the county is subject to and exempt from the zoning
laws or regulations otherwise generally applicable to such area. The
authority shall not acquire or lease any interest in real property
except upon compliance with the procedure set forth in section two
thousand fifty-three-f of this title.
4. To condemn in the name of the authority pursuant to the eminent
domain procedure law, any real property within the county and required
by the authority to carry out the powers granted by this title, subject
to the provisions of section two thousand fifty-three-f of this title.
5. To collect, receive, transfer, transport, process, dispose of,
sell, store, convey, recycle, compost, combust 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
recovered materials, compost or energy produced or 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.
6. To plan, develop and construct projects and to pay the cost thereof
and to contract in relation thereto with municipalities or persons
within or without the county 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, and to sell, lease, mortgage, grant a security interest in,
pledge, encumber, or otherwise dispose of any project or part thereof to
any person, municipality or public corporation, subject to such
conditions and limitations as the authority may determine to be in the
public interest, and to apply for, hold and perform its obligations
under any permit, license, approval, or other legal entitlement which
may be required for its projects, services or exercise of powers.
7. To assist in the planning, development, construction and operation
of and the financing of the cost of any solid waste management facility
to be located in the county whether or not such solid waste management
facility is to be owned by the authority, which assistance may include
loans to any person or public corporation.
8. To collect or receive from the United States, the state, the
county, any other municipality or public corporation or person, subject
to the limitations of section two thousand fifty-three-f of this title,
solid waste for the purpose of treatment or disposal thereof, with the
right of the authority to sell and dispose of any products or
by-products (including recovered materials, compost or energy) of such
process of treatment or disposal, as the authority may deem proper.
9. To contract with the county, other municipalities, state agencies,
public corporations or persons within or without the county, for the
purpose of receiving, treating and disposing of solid waste or for any
other purpose authorized hereunder, including, without limitation, the
power to contract with municipalities, state agencies, public
corporations or persons for the delivery of all solid waste generated
within a stated area to a specific solid waste management facility.
10. To make rules, regulations and by-laws pertaining to and governing
the management and regulation of its affairs and, subject to agreements
with bondholders, the use of any project or other property of the
authority and the provision of any service by the authority, which
rules, regulations and by-laws and all amendments thereto, duly
certified by the secretary of the authority, shall be filed in the
office of the authority and in the office of the clerk of the county,
and to provide for the enforcement of such rules, regulations and
by-laws by legal or equitable proceedings which are or may be provided
or authorized by law. In addition, the county legislature shall have
power to prescribe that violations of specific rules, regulations and
by-laws of the authority shall constitute violations and provide for the
enforcement of violations thereof by civil penalties, including any such
rules, regulations and by-laws requiring the payment of generator, user
or hauler fees by any person in connection with the service or
availability or service by any facility owned or under contract to the
authority.
11. With the consent of the county executive, to use officers or
employees of the county and to pay a proper portion of the compensation
or costs for the services for such officers or employees.
12. To make contracts and to execute all necessary or convenient
agreements, documents and instruments, including evidences of
indebtedness, negotiable or non-negotiable.
13. To enter on any lands, waterways or premises for the purpose of
making surveys, soundings and examinations, any liability for which
shall not exceed actual damages.
14. To borrow money and to issue bonds and to fund or refund the same,
and to provide for the right of the holders thereof.
15. To procure insurance, letters of credit, lines of credit, or other
credit enhancement with respect to its bonds or notes issued pursuant to
this title, or facilities for the payment of tenders of such bonds or
notes or facilities for the payment upon maturity of short-term notes
not renewed.
16. To enter into interest rate exchange or similar arrangements with
any person under such terms and conditions as the authority may
determine including, without limitation, provisions as to default or
early termination and indemnification by the authority or any other
party thereto for loss of benefits as a result thereof.
17. To fix and collect, as more fully set forth in section two
thousand fifty-three-g of this title, rates, rentals, fees and other
charges for the use of the facilities of, or services provided by, or
any commodities furnished by, the authority, and to contract with any
municipality in respect thereto, so as to provide revenues sufficient at
all times to pay, as the same shall become due, the principal and
interest on the bonds of the authority, together with the maintenance of
proper reserves therefor, in addition to paying, as the same shall
become due, the expenses of operating and maintaining the properties and
business of the authority and meeting all of its contractual and other
obligations, together with proper reserves for debt service,
depreciation, maintenance and contingencies and all other obligations
and indebtedness of the authority.
18. To enter into agreements, in its direction, to pay annual sums in
lieu of taxes to any municipality in respect to any real property which
is owned by the authority and located in such municipality, political
subdivision or taxing district.
19. To accept gifts, grants, loans or contributions from the United
States, the state or any agency or instrumentality of either of them, or
any municipality or from any person or public corporation, by bequest or
otherwise, and to expend the proceeds for any corporate purposes of the
authority.
20. To covenant and consent that the interest on any of its bonds or
notes issued pursuant to this title shall be includible, under the
United States Internal Revenue Code of 1986, as amended, or any
subsequent corresponding internal revenue law of the United States, in
gross income of the holder of the bonds or notes to the same extent and
in the same manner that the interest on bills, bonds, notes or other
obligations of the United States is includible in the gross income of
the holders thereof under said Internal Revenue Code or any such
subsequent law.
21. To act as an agency, as such term is used in section two hundred
fifty-one of the county law.
22. The authority may acquire, hold, own, lease, establish, construct,
effectuate, operate, maintain, renovate, improve, extend or repair any
of its facilities through, and cause any one or more of its powers,
duties, functions or activities to be exercised or performed by, no more
than one wholly-owned subsidiary corporation of the authority for the
sole purposes of operating an animal shelter and providing animal
management services on behalf of one or more municipalities located in
the county of Rockland pursuant to the agriculture and markets law. Such
subsidiary corporation shall be deemed an animal shelter for the
purposes of registration, inspection or any oversight required by law or
regulation by the department of agriculture and markets. The authority
may transfer to or from any such corporation, or between such
corporations, any moneys, real property or other property or the
services of any officers, employees or consultants for any of the
purposes of this title. The directors or members of such subsidiary
corporation shall be the same persons holding the offices of members of
the authority. Such subsidiary corporation and any of its property,
functions and activities shall have all of the privileges, immunities,
tax exemptions and other exemptions of the authority and of the
authority's property, functions and activities. Such subsidiary
corporation shall be subject to the restrictions and limitations to
which the authority may be subject. Such subsidiary corporation shall be
subject to suit in accordance with section two thousand fifty-three-u
this title. The employees of any such subsidiary corporation, except
those who are also employees of the authority, shall not be deemed
employees of the authority.
23. To do all things necessary or convenient to carry out the powers
expressly given in this title.