LBD15748-02-2
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apply with equal force and effect to notes and obligations and notehold-
ers and obligation holders, respectively, unless the context otherwise
clearly requires.
[3.] 5. "Construction" shall mean the acquisition, erection, building,
alteration, improvement, increase, enlargement, extension, recon-
struction, renovation or rehabilitation of a solid waste management
facility OR ANIMAL SHELTER; the inspection and supervision thereof; and
the engineering, architectural, legal, fiscal and economic investi-
gations and studies, surveys, designs, plans, working drawings, specifi-
cations, procedures and other actions incidental thereto subject to the
provisions of section two thousand fifty-three-f of this title.
[4.] 6. "Cost," as applied to any project, shall mean and include the
cost of construction, the cost of the acquisition of all property,
including real property and other property, both real and personal and
improved and unimproved, subject to the provisions of section two thou-
sand fifty-three-f of this title, the cost of demolishing, removing or
relocating any buildings or structures on lands so acquired, including
the cost of relocating tenants or other occupants of the buildings or
structures on such land, including the cost of acquiring any lands to
which such buildings or structures may be moved or relocated, the cost
of all systems, facilities, machinery, apparatus and equipment, financ-
ing charges, interest prior to, during and after construction to the
extent not paid or provided for from revenues or other sources, the cost
of engineering and architectural surveys, plans and specifications, the
cost of consultant, legal and other professional services, the cost of
lease guarantee or bond insurance and the cost of other expenses neces-
sary or incidental to the construction thereof, including the amount
authorized in the resolution of the authority providing for the issuance
of bonds to be paid into any reserve or other special fund from the
proceeds of such bonds, the financing of the placing of any project in
operation and reimbursement to the county, any municipality, any state
agency, the state, the United States government or any other person for
expenditures that would be costs of the project hereunder had they been
made directly by the authority.
[5.] 7. "County" shall mean the county of Rockland.
[6.] 8. "Governing body" shall mean the members of the authority
constituting and acting as the governing body of the authority.
[7.] 9. "Municipality" shall mean any county, city, town, village,
district or any combination thereof.
[8.] 10. "Person" shall mean any natural person, partnership, associ-
ation, joint venture or corporation, exclusive of a public corporation.
[9.] 11. "Project" shall mean any solid waste management facility OR
ANIMAL SHELTER, the planning, development, financing, construction,
operation or maintenance of which is authorized to be undertaken in
whole or in part by the authority pursuant to this title.
[10.] 12. "Real property" shall mean lands, structures, franchises and
interests in land, waters, lands underwater, riparian rights and air
rights and any and all things and rights included within said term and
includes not only fees simple absolute, but also any and all lesser
interests including, but not limited to, easements, rights-of-way, uses,
leases, licenses and all other incorporeal hereditaments and every
estate, interest or right, legal or equitable, including terms for years
and liens thereon by way of judgments, mortgages or otherwise.
[11.] 13. "Resource recovery" shall mean the separation, extraction
and recovery of usable materials, energy or heat from solid waste
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through source separation, recycling centers, composting, combustion or
other programs, projects or facilities.
[12.] 14. "Revenues" shall mean all rates, fees, rents, charges,
receipts and other income derived by the authority from its operations.
[13.] 15. "Solid waste" shall mean all putrescible and [nonputresci-
ble] NON-PUTRESCIBLE solid wastes, including, but not limited to, mate-
rials or substances which are discarded or rejected as being spent,
useless, worthless, or in excess to the owners at the time of such
discard or rejection, or which are being accumulated, stored, or phys-
ically, chemically or biologically treated prior to being discarded or
rejected, having served their intended use, or which are manufacturing
by-products, including, but not limited to, garbage, refuse, industrial,
commercial and agricultural waste sludges from air or water pollution
control facilities or water supply treatment facilities, rubbish, ashes,
contained gaseous material, incinerator residue, demolition and
construction debris and offal, but not including sewage and other highly
diluted water carried materials or substances and those in gaseous form,
special nuclear or by-product material within the meaning of the Atomic
Energy Act of 1954, as amended, or waste which appears on the list or
satisfies the characteristics of hazardous waste promulgated by the
commissioner of environmental conservation pursuant to section 27-0903
of the environmental conservation law or any scrap or other material of
value held for purposes of materials recycling other than materials
designated as recyclables, pursuant to section one hundred twenty-aa of
the general municipal law.
[14.] 16. "Solid waste management facility" or "facility" shall mean
any facility, plant, works, system, building, structure, improvement,
machinery, equipment, fixture or other real or personal property which
is to be used, occupied or employed beyond the initial solid waste
collection process for the receiving, transporting, storage, processing,
treatment, or disposal of solid waste or the recovery by any means of
any material or energy product or resource therefrom including but not
limited to recycling centers, material recovery facilities, mixed waste
processing facilities, household hazardous waste facilities, transfer
stations, shredding facilities, baling facilities, rail haul or maritime
facilities, processing systems, resource recovery facilities, steam and
electric generating and transmission facilities, including auxiliary
facilities to supplement or temporarily replace such generating facili-
ties, steam distribution facilities, sanitary landfills, plants and
facilities for compacting, composting or pyrolization of solid wastes or
manufacturing or enhancing the value of materials or commodities recov-
ered from solid waste, incinerators and other solid waste disposal,
reduction or conversion facilities and resource recovery equipment,
source separation equipment and disposal equipment as defined in subdi-
visions four and five of section 51-0903 of the environmental conserva-
tion law.
[15.] 17. "Solid waste management plan" shall mean the Rockland county
integrated solid waste management plan as it may be adopted, amended and
supplemented from time to time in accordance with section 27-0107 of the
environmental conservation law.
[16.] 18. "Source separation" shall mean the segregation of recyclable
materials from the solid waste stream at the point of generation for
separate collection, sale or other disposition.
[17.] 19. "State" shall mean the state of New York.
§ 2. Subdivision 1 of section 2053-c of the public authorities law, as
added by chapter 434 of the laws of 1993, is amended to read as follows:
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1. Upon compliance with the requirements of subdivision seven of this
section, a corporation known as the Rockland county solid waste manage-
ment authority shall be deemed to have been created hereby for the
public purposes and charged with the duties and having the powers
provided in this title. The authority shall be a body corporate and
politic constituting a public benefit corporation. IN ORDER TO BE MORE
CONSISTENT WITH THE AUTHORITY'S GOALS, MISSION AND OBJECTIVES, THE
AUTHORITY SHALL ALSO BE KNOWN AS ROCKLAND GREEN.
§ 3. Subdivisions 11 and 22 of section 2053-e of the public authori-
ties law, as added by chapter 434 of the laws of 1993, are amended to
read as follows:
11. With the consent of the county executive, to use officers or
employees of the county and to pay a [property] PROPER portion of the
compensation or costs for the services for such officers or employees.
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 CORPO-
RATIONS, 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.
§ 4. Section 2053-g of the public authorities law, as added by chapter
434 of the laws of 1993, is amended to read as follows:
§ 2053-g. Charges by the authority; method of collection. 1. The
authority may fix and collect, on any equitable basis, rates, rentals,
fees and other charges for the use of facilities of or services or
commodities provided by the authority OR ANY SUBSIDIARY, including the
availability of any of the foregoing from the authority. Such rates,
rentals, fees and other charges may be fixed and collected from any
person to whom such facilities, services or commodities are provided by
or made available from the authority, including generators of solid
waste and owners of real property upon which solid waste is generated.
Such rates, rentals, fees and other charges may be the same or different
for each classification of user or service recipient and may, by way of
example, reflect the source and composition of solid waste and may
provide for fee reductions to the users or service recipients in propor-
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tion to waste generated or to reflect participation in source separation
programs. In any instance where the county is or would be required by
law, with respect to solid waste management, to conduct a public hearing
in connection with a user or rate, rental, fee or other charge, the
authority shall not establish, fix, or revise any classification of user
or service recipient, rate, rental, fee or other charge unless and until
the authority has held a public hearing at which interested persons have
had an opportunity to be heard concerning the same; provided however,
that if the county has conducted a public hearing in connection with
such rate, rental, fee or other charge, the authority shall not be
required to hold a public hearing. Notice of any such public hearing
shall be published at least ten days before the date set therefor, in at
least one newspaper of general circulation in the county. Such notice
shall set forth the date, time and place of such hearing and shall
include a brief description of the matters to be considered at such
meeting. A copy of the notice shall be available for inspection by the
public. At any such hearing, any interested persons shall have an oppor-
tunity to be heard concerning the matters under consideration. Any deci-
sion by the authority at such public hearing shall be in writing and be
made available in the office of the authority for public inspection
during regular office hours.
2. All rates, rentals, fees and other charges for the use of the
facilities of, or services provided or made available by, the authority
and billed directly by the authority to the user or service recipient
pursuant to a classification of users or service recipients adopted by
the authority as herein provided shall be a lien upon the real property
upon which, or in connection with which, services are provided or made
available, as and from the first date fixed for payment of such rates,
rentals, fees and other charges. Any such lien shall take precedence
over all other liens or encumbrances, except taxes or assessments. The
treasurer of the authority shall prepare and transmit to the respective
legislative body of each municipality, on or before the first day of
December in each year, a list of those properties within each respective
municipality using such facilities or for which such services were
provided or made available and from which the payment of rates, rentals,
fees and other charges are in arrears for a period of thirty days or
more after the last day fixed for payment of such rates, rentals, fees
and other charges without penalty. The list shall contain a brief
description of such properties, the names of the persons or corporations
liable to pay for the same, and the amount chargeable to each, including
penalties and interest computed to December thirty-first of that year.
Each governing body shall levy such sums against the properties liable
and shall state the amount thereof in a separate column in the annual
tax rolls of the various municipalities under the [heading] HEADINGS
"solid waste disposal charge" AND "ANIMAL MANAGEMENT CHARGE", AS APPRO-
PRIATE. Such amounts, when collected by the several municipal collectors
or receivers of taxes, shall be paid over to the treasurer of the
authority. Alternatively, the legislative body of any municipality which
provides solid waste collection service to all or a portion of the prop-
erties within its boundaries using municipally owned and operated
collection vehicles may execute an agreement with the authority to
collect and be responsible for the collection of, on behalf of the
authority, any overdue or delinquent rates, rentals, fees or other
charges and such municipality shall have the power to pay directly to
the authority such overdue or delinquent rates, rentals, fees and other
charges whether or not they are actually collected from the users or
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service recipients of such municipality. All of the provisions of the
tax law of the state governing enforcement and collection of unpaid
taxes or assessments for special improvements not inconsistent herewith
shall apply to the collection of such unpaid rates, rentals, fees and
other charges.
§ 5. Section 114 of the agriculture and markets law, as added by chap-
ter 220 of the laws of 1978 and as renumbered by section 9 of part T of
chapter 59 of the laws of 2010, subdivision 2 as amended by chapter 714
of the laws of 1980, is amended to read as follows:
§ 114. Pounds and shelters. 1. Each town and city, and each village in
which licenses are issued shall, and any other village and any county
may, establish and maintain a pound or shelter for dogs.
2. In lieu of or in addition to establishing and maintaining such
pound or shelter, any town or city, or any village in which licenses are
issued shall, and any other village and any county may, contract for
pound or shelter services with any other municipality or with any incor-
porated humane society or similar incorporated dog protective associ-
ation, OR WITH A PUBLIC AUTHORITY PROVIDING SHELTER SERVICES OR ITS
SUBSIDIARY THAT IS WHOLLY CREATED FOR THE SOLE PURPOSE OF PROVIDING SUCH
SERVICES, or shall establish and maintain, jointly or with one or more
other municipalities, a pound or shelter.
§ 6. Subdivision 4 of section 400 of the agriculture and markets law,
as amended by chapter 168 of the laws of 2017, is amended to read as
follows:
4. "Pet Dealer" means any person who engages in the sale or offering
for sale of more than nine animals per year for profit to the public.
Such definition shall include breeders who sell or offer to sell
animals; provided that it shall not include the following:
(a) Any breeder who sells or offers to sell directly to the consumer
fewer than twenty-five animals per year that are born and raised on the
breeder's residential premises;
(b) Any municipal pound or shelter dedicated to the care of unwanted
animals which makes such animals available for adoption whether or not a
fee for such adoption is charged, established and maintained pursuant to
subdivision one of section one hundred fourteen of this chapter; [and]
(c) Any duly incorporated society for the prevention of cruelty to
animals, duly incorporated humane society, duly incorporated animal
protective association or other duly incorporated animal adoption or
animal rescue organization dedicated to the care of unwanted animals
which makes such animals available for adoption whether or not a fee for
such adoption is charged that is exempt from taxes pursuant to paragraph
(3) of subsection (c) of section 501 of the federal Internal Revenue
Code, 26 U.S.C. 501, or any subsequent corresponding sections of the
federal Internal Revenue Code, as from time to time amended, that is
registered with the department pursuant to section four hundred eight of
this article; AND
(D) ANY PUBLIC AUTHORITY PROVIDING SHELTER SERVICES FOR THE CARE OF
UNWANTED ANIMALS OR ITS SUBSIDIARY THAT IS WHOLLY CREATED FOR THE SOLE
PURPOSE OF PROVIDING SUCH SERVICES.
§ 7. Subdivision 1 and the opening paragraph of subdivision 2 of
section 408 of agriculture and markets law, as added by chapter 168 of
the laws of 2017, are amended to read as follows:
1. Any person eligible for exemption from the definition of pet dealer
pursuant to paragraph (c) AND (D) of subdivision four of section four
hundred of this article shall be registered by the department pursuant
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to the provisions of this section. Such registration shall be renewable
annually and be accompanied by a fee of one hundred dollars.
Application for registration as set forth in this section shall be
made annually to the commissioner on a form prescribed by the commis-
sioner. The applicant shall satisfy the commissioner of his or her char-
acter and responsibility and shall set forth such information as the
commissioner shall require, including but not limited to the following,
PROVIDED, HOWEVER A PUBLIC AUTHORITY SHALL NOT BE REQUIRED TO PROVIDE
THE INFORMATION REQUIRED BY PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVI-
SION:
§ 8. This act shall take effect immediately.