Bill S6128-2011

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

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

Details

Actions

  • 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 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Meetings

Votes

VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - Jan 18, 2012
Ayes (5): Ranzenhofer, Flanagan, Martins, Perkins, Squadron
Excused (1): Larkin

Memo

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The MOSA act, originally enacted in 1987, established a tri-county authority to address solid management-related matters in Montgomery, Otsego and Schoharie counties.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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6128 IN SENATE (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.
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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