Section 2051-T. Pledge by town; contracts with municipalities; powers of municipalities

1. The town is hereby authorized to pledge to and  agree  with the holders of the bonds that the town will not limit or impair the
  rights  hereby  vested  in  the agency to purchase, construct, maintain,
  operate,  repair,  improve,  increase,  enlarge,  extend,   reconstruct,
  renovate,  rehabilitate  or dispose of any project, or any part or parts
  thereof, for which bonds of  the  agency  shall  have  been  issued,  to
  establish  and  collect rates, rents, fees and other charges referred to
  in this title and to fulfill the terms of any agreements made  with  the
  holders  of  the  bonds  or  with  any public corporation or person with
  reference to such project or part thereof, or  in  any  way  impair  the
  rights  and  remedies of the bondholders, until the bonds, together with
  interest thereon, with interest on any unpaid installments  of  interest
  and  all  costs and expenses in connection with any action or proceeding
  by or on behalf of the bondholders are fully met and discharged.
    2. Subject to the provisions of subdivision four of this section,  any
  incorporated  village  within  the  town  may  choose to arrange for the
  collection, receiving, transporting, storage, processing or disposal  of
  solid  waste  generated  or  originated  within its boundaries by filing
  notice of such intent with the town within thirty  days  of  receipt  of
  notice  that  the  certificate  required by paragraph (a) of subdivision
  four of section twenty hundred fifty-one-c of this title has been  filed
  with  the  secretary  of  state.  The  filing of notice pursuant to this
  subdivision by a village shall not, however, limit the town, the agency,
  or such village from exercising their powers  to  enter  into  contracts
  pursuant  to  subdivision three, six or seven of this section, and shall
  not limit the town in its  exercise  of  the  authority  granted  to  it
  pursuant  to  subdivision  four  of  this  section  to adopt a local law
  imposing  limitations  on  competition  with  respect   to   collecting,
  receiving,  transporting,  delivering, storing, processing and disposing
  of solid waste generated, originated or brought within the boundaries of
  such village or the recovery of energy or materials from such waste.
    3. The town and one or more municipalities within  the  town,  or  the
  agency  and  the  town,  shall  have power to contract from time to time
  between or among themselves, or among themselves and with the agency, in
  relation to the collecting, 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-resource recovery facility.  Any
  such contract to which the town and any municipality within the town are
  parties  may  include provisions stipulating the maximum rates, rentals,
  fees and other charges to be collected for the use  of  facilities.  Any
  contract  to  which  the  agency  and  the  town are parties may include
  provisions  (a)  requiring  the  periodic  delivery  to  the  particular
  facilities of minimum amounts of solid waste and providing for specified
  minimum  periodic  payments whether or not such delivery is made subject
  to such limitations, exceptions and provisions therein or (b)  requiring
  the  town to pay, within appropriations available therefor, 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.
    4. To further the governmental and public purposes of  the  agency  or
  the  town,  including  the  implementation  of  any contract or proposed
  contract contemplated by this title, the town shall have  the  power  to
  adopt   and   amend  local  laws  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, local laws requiring that all solid waste
  generated,  originated  or  brought  within  its  boundaries,  including
  incorporated villages, 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 enacted by the town shall take precedence over and  shall
  supersede  any  inconsistent  provisions  of  any local law enacted by a
  municipality within the town. 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.  For  purposes  of this subdivision, solid waste
  shall have the meaning specified in this title, but  shall  not  include
  any scrap or other material of value separated from the waste stream and
  held for purposes of materials recycling.
    5. The town, and all other municipalities within the town, shall adopt
  a  local  law  or ordinance pursuant to section one hundred twenty-aa of
  the general municipal law no later than two years  after  the  effective
  date  of this title. Any such local law or ordinance adopted by the town
  shall  take  precedence  over  and  shall  supersede  any   inconsistent
  provisions  of any such local law or ordinance adopted by a municipality
  within the town.
    6. The town is hereby authorized to resell or otherwise dispose of all
  or any part of the materials, energy, by-products or  residue  purchased
  from  the agency pursuant to subdivision two of this section. Any resale
  of or other disposition may be made in such manner as the town may  deem
  proper  and  upon such terms and conditions as may be agreed upon by the
  parties thereto.
    7. The town and all other municipalities within the  town  shall  have
  power  to  perform  such other acts, to enter into such other contracts,
  including  contracts  between  or   among   themselves,   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 agency.
    8. 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.
    9.  Any  contract  entered  into pursuant to this section to which the
  agency shall be a party may be pledged by the agency as security for any
  issue of bonds, and may be assigned, in whole or in part, by the agency,
  to any public corporation or person  which  shall  construct,  purchase,
  lease  or otherwise acquire any solid waste management-resource recovery
  facility, or part thereof, financed in whole or in part by the agency.
    10. Any contract, lease  or  agreement  entered  into  by  the  agency
  pursuant  to  this  title  and  which provides for the construction of a
  facility which combusts solid waste, shall provide for  the  utilization
  of  the best available technology to control the environmental impact of
  such facility. Such technology may include  fabric  filtration  and  dry
  scrubbers to control particulate and acid gas emissions. Any facility at
  a   minimum  shall  be  constructed  and  operated  in  compliance  with
  requirements of the department of environmental conservation.
    * NB There are 3 § 2051-t's