Relates to authorizing Otsego county to withdraw from the Montgomery, Otsego, Schoharie county solid waste management authority.
Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Farley
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.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 4555--A 2011-2012 Regular Sessions IN SENATE 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