Section 2052-T. Contracts with the local governments and other municipalities; powers of municipalities

1.  Any   of   the   local  governments  and  any  of  the municipalities located within the area of
  operation, or the authority and any of the  local  governments  or  such
  municipalities,  shall  have  the  power  to  contract from time to time
  between or among themselves, or among themselves and with the authority,
  in relation to  the  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 facility. Any such contract to
  which the authority, any local government or any municipality within the
  area of operation are parties may  include  provisions  stipulating  the
  minimum  and/or  maximum  rates,  rentals,  fees and other charges to be
  collected for the use and availability of facilities. Any such  contract
  may  also  include  provisions  (i) requiring the periodic delivery to a
  specified facility or facilities of all or  any  portion  of  the  solid
  waste  generated,  originated or brought within such local government or
  municipality and  providing  for  specified  minimum  periodic  payments
  whether  or not such delivery is made or caused to be made, subject only
  to such exceptions, terms and conditions as may be provided therein,  or
  (ii)  requiring each of the local governments or other municipalities to
  pay 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.
    2.  In  recognition of existing state policy, as declared in title one
  of article twenty-seven  of  the  environmental  conservation  law,  the
  legislature hereby affirms the primacy of the local and regional role in
  solid  waste management and resource recovery procedures. To further the
  governmental  and  public  purposes  of  this   title,   including   the
  implementation of any contract or proposed contract contemplated by this
  title,  and in recognition of the public policy of the state in the area
  of the control and management of solid waste and  solid  waste  disposal
  activities  to  displace  competition with regulation or monopoly public
  control, each of the local  governments  and  all  other  municipalities
  within  the  area of operation, as instrumentalities of the state, shall
  have the power to adopt and amend local laws, ordinances and regulations
  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, without
  limiting  the generality of the foregoing, local laws requiring that all
  solid waste generated, originated or  brought  within  their  respective
  boundaries, 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,  ordinance or regulation enacted by a local government shall
  take precedence over and shall supersede any inconsistent provisions  of
  any  such  local  law,  ordinance  or  regulation  enacted  by any other
  municipalities within the area of operation. 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.  Any  such  local  law  may  include
  provisions  for  the enforcement thereof and penalties for the violation
  thereof, which may provide, but shall not be limited to providing,  that
  any  violation  of a local law may be punished by civil penalty, fine or
  other monetary charge, and/or, the suspension or revocation  of  permits
  or  licenses  granted  by  any  other  jurisdiction  with respect to the
  collecting, receiving, transporting, delivery or storing of solid waste.

  Upon the adoption of any local law, ordinance or regulation pursuant  to
  this  title,  a  local  government  or  other  municipality shall file a
  verified copy of such  local  law,  ordinance  or  regulation  with  the
  commissioner  of the department of environmental conservation; provided,
  however, that failure  to  so  file  such  a  local  law,  ordinance  or
  regulation shall not invalidate such local law, ordinance or regulation.
    3.  The local governments are hereby authorized to resell or otherwise
  dispose of all or any part of  the  materials,  energy,  by-products  or
  residue purchased from the authority pursuant to subdivision one of this
  section.  Any  resale or other disposition may be made in such manner as
  each of the local governments may deem proper and upon  such  terms  and
  conditions as may be agreed upon by the parties thereto.
    4.  The local governments and all other municipalities within the area
  of operation shall have the power to perform such other acts,  to  enter
  into   such  other  contracts,  including  contracts  between  or  among
  themselves or other municipalities,  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 authority.
    5. 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.
    6. Any contract entered into pursuant to this  section  to  which  the
  authority  shall  be a party may be pledged by the authority as security
  for any issue of bonds, and may be assigned, in whole or in part, by the
  authority to any public corporation or  person  which  shall  construct,
  purchase,   lease  or  otherwise  acquire  any  solid  waste  management
  facility, or  part  thereof,  financed  in  whole  or  in  part  by  the
  authority.