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A10482 Summary:

BILL NOA10482
 
SAME ASSAME AS S09434
 
SPONSORRules (Zebrowski)
 
COSPNSR
 
MLTSPNSR
 
Amd §§2053-b, 2053-c, 2053-e & 2053-g, Pub Auth L; amd §§114, 400 & 408, Ag & Mkts L
 
Expands the Rockland County Solid Waste Authority's purposes, powers, and responsibilities to include providing animal management services through a wholly-owned subsidiary; relates to public authorities providing shelter services for the care of unwanted animals or a subsidiary of such public authority that is wholly created for the sole purpose of providing such services.
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A10482 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10482
 
                   IN ASSEMBLY
 
                                      May 27, 2022
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
          -- read once and referred to the Committee on  Corporations,  Authori-
          ties and Commissions
 
        AN ACT to amend the public authorities law, in relation to expanding the
          Rockland  County Solid Waste Authority's purposes, powers, and respon-
          sibilities to include providing animal management services  through  a
          wholly-owned subsidiary; and to amend the agriculture and markets law,
          in  relation to  public authorities providing shelter services for the
          care of unwanted animals
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 2053-b of the public authorities law, as added by
     2  chapter 434 of the laws of 1993, is amended to read as follows:
     3    § 2053-b. Definitions. As used or referred to in this title, unless  a
     4  different meaning clearly appears from the context:
     5    1.  "Animal shelter" shall mean any facility, building,  or structure,
     6  where  temporary  or permanent housing and care is  provided  to  stray,
     7  abandoned,  abused,  seized,  impounded,  owner-surrendered or otherwise
     8  unwanted animals.
     9    2. "Animal management  services"  shall  mean  any  and  all  services
    10  provided to promote animal care and to protect public health and safety,
    11  including,  but not limited to the following services: providing housing
    12  and care for stray, abandoned, abused, seized, impounded,  owner-surren-
    13  dered or otherwise unwanted animals in an animal shelter; the processing
    14  and disposal of animal waste; the disposal of dead wildlife removed from
    15  roadways   following   wildlife-vehicle   collisions;  providing  animal
    16  control; and any other similar service related thereto.
    17    3. "Authority" shall mean the public benefit  corporation  created  by
    18  section  two thousand fifty-three-c of this title, known as the Rockland
    19  county solid waste management authority and shall also hereby  be  known
    20  as Rockland Green.
    21    [2.]  4.  "Bonds"  shall  mean  the bonds, notes or other evidences of
    22  indebtedness issued by the authority pursuant  to  this  title  and  the
    23  provisions  of  this  title  relating to bonds and bondholders and shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15748-02-2

        A. 10482                            2
 
     1  apply with equal force and effect to notes and obligations and notehold-
     2  ers and obligation holders, respectively, unless the  context  otherwise
     3  clearly requires.
     4    [3.] 5. "Construction" shall mean the acquisition, erection, building,
     5  alteration,   improvement,   increase,  enlargement,  extension,  recon-
     6  struction, renovation or rehabilitation  of  a  solid  waste  management
     7  facility  or animal shelter; the inspection and supervision thereof; and
     8  the engineering, architectural,  legal,  fiscal  and  economic  investi-
     9  gations and studies, surveys, designs, plans, working drawings, specifi-
    10  cations,  procedures and other actions incidental thereto subject to the
    11  provisions of section two thousand fifty-three-f of this title.
    12    [4.] 6. "Cost," as applied to any project, shall mean and include  the
    13  cost  of  construction,  the  cost  of  the acquisition of all property,
    14  including real property and other property, both real and  personal  and
    15  improved  and unimproved, subject to the provisions of section two thou-
    16  sand fifty-three-f of this title, the cost of demolishing,  removing  or
    17  relocating  any  buildings or structures on lands so acquired, including
    18  the cost of relocating tenants or other occupants of  the  buildings  or
    19  structures  on  such  land, including the cost of acquiring any lands to
    20  which such buildings or structures may be moved or relocated,  the  cost
    21  of  all systems, facilities, machinery, apparatus and equipment, financ-
    22  ing charges, interest prior to, during and  after  construction  to  the
    23  extent not paid or provided for from revenues or other sources, the cost
    24  of  engineering and architectural surveys, plans and specifications, the
    25  cost of consultant, legal and other professional services, the  cost  of
    26  lease  guarantee or bond insurance and the cost of other expenses neces-
    27  sary or incidental to the construction  thereof,  including  the  amount
    28  authorized in the resolution of the authority providing for the issuance
    29  of  bonds  to  be  paid  into any reserve or other special fund from the
    30  proceeds of such bonds, the financing of the placing of any  project  in
    31  operation  and  reimbursement to the county, any municipality, any state
    32  agency, the state, the United States government or any other person  for
    33  expenditures  that would be costs of the project hereunder had they been
    34  made directly by the authority.
    35    [5.] 7. "County" shall mean the county of Rockland.
    36    [6.] 8. "Governing body" shall  mean  the  members  of  the  authority
    37  constituting and acting as the governing body of the authority.
    38    [7.]  9.  "Municipality"  shall  mean any county, city, town, village,
    39  district or any combination thereof.
    40    [8.] 10. "Person" shall mean any natural person, partnership,  associ-
    41  ation, joint venture or corporation, exclusive of a public corporation.
    42    [9.]  11.  "Project" shall mean any solid waste management facility or
    43  animal shelter,  the  planning,  development,  financing,  construction,
    44  operation  or  maintenance  of  which  is authorized to be undertaken in
    45  whole or in part by the authority pursuant to this title.
    46    [10.] 12. "Real property" shall mean lands, structures, franchises and
    47  interests in land, waters, lands underwater,  riparian  rights  and  air
    48  rights  and  any and all things and rights included within said term and
    49  includes not only fees simple absolute, but  also  any  and  all  lesser
    50  interests including, but not limited to, easements, rights-of-way, uses,
    51  leases,  licenses  and  all  other  incorporeal  hereditaments and every
    52  estate, interest or right, legal or equitable, including terms for years
    53  and liens thereon by way of judgments, mortgages or otherwise.
    54    [11.] 13. "Resource recovery" shall mean  the  separation,  extraction
    55  and  recovery  of  usable  materials,  energy  or  heat from solid waste

        A. 10482                            3
 
     1  through source separation, recycling centers, composting, combustion  or
     2  other programs, projects or facilities.
     3    [12.]  14.  "Revenues"  shall  mean  all  rates, fees, rents, charges,
     4  receipts and other income derived by the authority from its operations.
     5    [13.] 15. "Solid waste" shall mean all putrescible  and  [nonputresci-
     6  ble]  non-putrescible solid wastes, including, but not limited to, mate-
     7  rials or substances which are discarded  or  rejected  as  being  spent,
     8  useless,  worthless,  or  in  excess  to  the owners at the time of such
     9  discard or rejection, or which are being accumulated, stored,  or  phys-
    10  ically,  chemically  or biologically treated prior to being discarded or
    11  rejected, having served their intended use, or which  are  manufacturing
    12  by-products, including, but not limited to, garbage, refuse, industrial,
    13  commercial  and  agricultural  waste sludges from air or water pollution
    14  control facilities or water supply treatment facilities, rubbish, ashes,
    15  contained  gaseous  material,  incinerator   residue,   demolition   and
    16  construction debris and offal, but not including sewage and other highly
    17  diluted water carried materials or substances and those in gaseous form,
    18  special  nuclear or by-product material within the meaning of the Atomic
    19  Energy Act of 1954, as amended, or waste which appears on  the  list  or
    20  satisfies  the  characteristics  of  hazardous  waste promulgated by the
    21  commissioner of environmental conservation pursuant to  section  27-0903
    22  of  the environmental conservation law or any scrap or other material of
    23  value held for purposes of  materials  recycling  other  than  materials
    24  designated  as recyclables, pursuant to section one hundred twenty-aa of
    25  the general municipal law.
    26    [14.] 16. "Solid waste management facility" or "facility"  shall  mean
    27  any  facility,  plant,  works, system, building, structure, improvement,
    28  machinery, equipment, fixture or other real or personal  property  which
    29  is  to  be  used,  occupied  or  employed beyond the initial solid waste
    30  collection process for the receiving, transporting, storage, processing,
    31  treatment, or disposal of solid waste or the recovery by  any  means  of
    32  any  material  or energy product or resource therefrom including but not
    33  limited to recycling centers, material recovery facilities, mixed  waste
    34  processing  facilities,  household  hazardous waste facilities, transfer
    35  stations, shredding facilities, baling facilities, rail haul or maritime
    36  facilities, processing systems, resource recovery facilities, steam  and
    37  electric  generating  and  transmission  facilities, including auxiliary
    38  facilities to supplement or temporarily replace such generating  facili-
    39  ties,  steam  distribution  facilities,  sanitary  landfills, plants and
    40  facilities for compacting, composting or pyrolization of solid wastes or
    41  manufacturing or enhancing the value of materials or commodities  recov-
    42  ered  from  solid  waste,  incinerators  and other solid waste disposal,
    43  reduction or conversion  facilities  and  resource  recovery  equipment,
    44  source  separation equipment and disposal equipment as defined in subdi-
    45  visions four and five of section 51-0903 of the environmental  conserva-
    46  tion law.
    47    [15.] 17. "Solid waste management plan" shall mean the Rockland county
    48  integrated solid waste management plan as it may be adopted, amended and
    49  supplemented from time to time in accordance with section 27-0107 of the
    50  environmental conservation law.
    51    [16.] 18. "Source separation" shall mean the segregation of recyclable
    52  materials  from  the  solid  waste stream at the point of generation for
    53  separate collection, sale or other disposition.
    54    [17.] 19. "State" shall mean the state of New York.
    55    § 2. Subdivision 1 of section 2053-c of the public authorities law, as
    56  added by chapter 434 of the laws of 1993, is amended to read as follows:

        A. 10482                            4
 
     1    1. Upon compliance with the requirements of subdivision seven of  this
     2  section,  a corporation known as the Rockland county solid waste manage-
     3  ment authority shall be deemed to  have  been  created  hereby  for  the
     4  public  purposes  and  charged  with  the  duties  and having the powers
     5  provided  in  this  title.  The  authority shall be a body corporate and
     6  politic constituting a public benefit corporation.  In order to be  more
     7  consistent  with  the  authority's  goals,  mission  and objectives, the
     8  authority shall also be known as Rockland Green.
     9    § 3. Subdivisions 11 and 22 of section 2053-e of the  public  authori-
    10  ties  law,  as  added by chapter 434 of the laws of 1993, are amended to
    11  read as follows:
    12    11. With the consent of the  county  executive,  to  use  officers  or
    13  employees  of  the  county and to pay a [property] proper portion of the
    14  compensation or costs for the services for such officers or employees.
    15    22. The authority may acquire, hold, own, lease, establish, construct,
    16  effectuate, operate, maintain, renovate, improve, extend or  repair  any
    17  of  its  facilities  through,  and  cause any one or more of its powers,
    18  duties, functions or activities to be exercised or performed by, no more
    19  than one wholly-owned subsidiary corporation of the  authority  for  the
    20  sole  purposes  of  operating  an  animal  shelter  and providing animal
    21  management services on behalf of one or more municipalities  located  in
    22  the county of Rockland pursuant to the agriculture and markets law. Such
    23  subsidiary  corporation  shall  be  deemed  an  animal  shelter  for the
    24  purposes of registration, inspection or any oversight required by law or
    25  regulation by the department of agriculture and markets.  The  authority
    26  may  transfer  to  or  from any such corporation, or between such corpo-
    27  rations, any moneys, real property or other property or the services  of
    28  any  officers,  employees or consultants for any of the purposes of this
    29  title. The directors or members of such subsidiary corporation shall  be
    30  the  same  persons holding the offices of members of the authority. Such
    31  subsidiary corporation and any of its property, functions and activities
    32  shall have all of the privileges, immunities, tax exemptions  and  other
    33  exemptions  of  the authority and of the authority's property, functions
    34  and activities.  Such subsidiary corporation shall  be  subject  to  the
    35  restrictions and limitations to which the authority may be subject. Such
    36  subsidiary  corporation  shall  be  subject  to  suit in accordance with
    37  section two thousand fifty-three-u this title. The employees of any such
    38  subsidiary corporation, except those  who  are  also  employees  of  the
    39  authority, shall not be deemed employees of the authority.
    40    23.  To  do all things necessary or convenient to carry out the powers
    41  expressly given in this title.
    42    § 4. Section 2053-g of the public authorities law, as added by chapter
    43  434 of the laws of 1993, is amended to read as follows:
    44    § 2053-g. Charges by the  authority;  method  of  collection.  1.  The
    45  authority  may  fix and collect, on any equitable basis, rates, rentals,
    46  fees and other charges for the use  of  facilities  of  or  services  or
    47  commodities  provided  by the authority or any subsidiary, including the
    48  availability of any of the foregoing from  the  authority.  Such  rates,
    49  rentals,  fees  and  other  charges  may be fixed and collected from any
    50  person to whom such facilities, services or commodities are provided  by
    51  or  made  available  from  the  authority, including generators of solid
    52  waste and owners of real property upon which solid waste  is  generated.
    53  Such rates, rentals, fees and other charges may be the same or different
    54  for  each classification of user or service recipient and may, by way of
    55  example, reflect the source and  composition  of  solid  waste  and  may
    56  provide for fee reductions to the users or service recipients in propor-

        A. 10482                            5
 
     1  tion to waste generated or to reflect participation in source separation
     2  programs.  In  any  instance where the county is or would be required by
     3  law, with respect to solid waste management, to conduct a public hearing
     4  in  connection  with  a  user  or rate, rental, fee or other charge, the
     5  authority shall not establish, fix, or revise any classification of user
     6  or service recipient, rate, rental, fee or other charge unless and until
     7  the authority has held a public hearing at which interested persons have
     8  had an opportunity to be heard concerning the  same;  provided  however,
     9  that  if  the  county  has conducted a public hearing in connection with
    10  such rate, rental, fee or other  charge,  the  authority  shall  not  be
    11  required  to  hold  a  public hearing. Notice of any such public hearing
    12  shall be published at least ten days before the date set therefor, in at
    13  least one newspaper of general circulation in the  county.  Such  notice
    14  shall  set  forth  the  date,  time  and place of such hearing and shall
    15  include a brief description of the matters  to  be  considered  at  such
    16  meeting.  A  copy of the notice shall be available for inspection by the
    17  public. At any such hearing, any interested persons shall have an oppor-
    18  tunity to be heard concerning the matters under consideration. Any deci-
    19  sion by the authority at such public hearing shall be in writing and  be
    20  made  available  in  the  office  of the authority for public inspection
    21  during regular office hours.
    22    2. All rates, rentals, fees and other  charges  for  the  use  of  the
    23  facilities  of, or services provided or made available by, the authority
    24  and billed directly by the authority to the user  or  service  recipient
    25  pursuant  to  a classification of users or service recipients adopted by
    26  the authority as herein provided shall be a lien upon the real  property
    27  upon  which,  or in connection with which, services are provided or made
    28  available, as and from the first date fixed for payment of  such  rates,
    29  rentals,  fees  and  other  charges. Any such lien shall take precedence
    30  over all other liens or encumbrances, except taxes or  assessments.  The
    31  treasurer  of the authority shall prepare and transmit to the respective
    32  legislative body of each municipality, on or before  the  first  day  of
    33  December in each year, a list of those properties within each respective
    34  municipality  using  such  facilities  or  for  which such services were
    35  provided or made available and from which the payment of rates, rentals,
    36  fees and other charges are in arrears for a period  of  thirty  days  or
    37  more  after  the last day fixed for payment of such rates, rentals, fees
    38  and other charges without penalty.   The  list  shall  contain  a  brief
    39  description of such properties, the names of the persons or corporations
    40  liable to pay for the same, and the amount chargeable to each, including
    41  penalties  and  interest computed to December thirty-first of that year.
    42  Each governing body shall levy such sums against the  properties  liable
    43  and  shall  state  the amount thereof in a separate column in the annual
    44  tax rolls of the various municipalities  under  the  [heading]  headings
    45  "solid  waste disposal charge" and "animal management charge", as appro-
    46  priate. Such amounts, when collected by the several municipal collectors
    47  or receivers of taxes, shall be  paid  over  to  the  treasurer  of  the
    48  authority. Alternatively, the legislative body of any municipality which
    49  provides solid waste collection service to all or a portion of the prop-
    50  erties  within  its  boundaries  using  municipally  owned  and operated
    51  collection vehicles may execute  an  agreement  with  the  authority  to
    52  collect  and  be  responsible  for  the  collection of, on behalf of the
    53  authority, any overdue or  delinquent  rates,  rentals,  fees  or  other
    54  charges  and  such  municipality shall have the power to pay directly to
    55  the authority such overdue or delinquent rates, rentals, fees and  other
    56  charges  whether  or  not  they are actually collected from the users or

        A. 10482                            6
 
     1  service recipients of such municipality. All of the  provisions  of  the
     2  tax  law  of  the  state  governing enforcement and collection of unpaid
     3  taxes or assessments for special improvements not inconsistent  herewith
     4  shall  apply  to  the collection of such unpaid rates, rentals, fees and
     5  other charges.
     6    § 5. Section 114 of the agriculture and markets law, as added by chap-
     7  ter 220 of the laws of 1978 and as renumbered by section 9 of part T  of
     8  chapter  59 of the laws of 2010, subdivision 2 as amended by chapter 714
     9  of the laws of 1980, is amended to read as follows:
    10    § 114. Pounds and shelters. 1. Each town and city, and each village in
    11  which licenses are issued shall, and any other village  and  any  county
    12  may, establish and maintain a pound or shelter for dogs.
    13    2.  In  lieu  of  or  in addition to establishing and maintaining such
    14  pound or shelter, any town or city, or any village in which licenses are
    15  issued shall, and any other village and any  county  may,  contract  for
    16  pound or shelter services with any other municipality or with any incor-
    17  porated  humane  society  or similar incorporated dog protective associ-
    18  ation, or with a public authority  providing  shelter  services  or  its
    19  subsidiary that is wholly created for the sole purpose of providing such
    20  services,  or  shall establish and maintain, jointly or with one or more
    21  other municipalities, a pound or shelter.
    22    § 6. Subdivision 4 of section 400 of the agriculture and markets  law,
    23  as  amended  by  chapter  168 of the laws of 2017, is amended to read as
    24  follows:
    25    4. "Pet Dealer" means any person who engages in the sale  or  offering
    26  for  sale  of  more than nine animals per year for profit to the public.
    27  Such definition shall  include  breeders  who  sell  or  offer  to  sell
    28  animals; provided that it shall not include the following:
    29    (a)  Any  breeder who sells or offers to sell directly to the consumer
    30  fewer than twenty-five animals per year that are born and raised on  the
    31  breeder's residential premises;
    32    (b)  Any  municipal pound or shelter dedicated to the care of unwanted
    33  animals which makes such animals available for adoption whether or not a
    34  fee for such adoption is charged, established and maintained pursuant to
    35  subdivision one of section one hundred fourteen of this chapter; [and]
    36    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    37  animals,  duly  incorporated  humane  society,  duly incorporated animal
    38  protective association or other duly  incorporated  animal  adoption  or
    39  animal  rescue  organization  dedicated  to the care of unwanted animals
    40  which makes such animals available for adoption whether or not a fee for
    41  such adoption is charged that is exempt from taxes pursuant to paragraph
    42  (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
    43  Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
    44  federal Internal Revenue Code, as from time to  time  amended,  that  is
    45  registered with the department pursuant to section four hundred eight of
    46  this article; and
    47    (d)  Any  public  authority providing shelter services for the care of
    48  unwanted animals or its subsidiary that is wholly created for  the  sole
    49  purpose of providing such services.
    50    §  7.  Subdivision  1  and  the  opening paragraph of subdivision 2 of
    51  section 408 of agriculture and markets law, as added by chapter  168  of
    52  the laws of 2017, are amended to read as follows:
    53    1. Any person eligible for exemption from the definition of pet dealer
    54  pursuant  to  paragraph  (c) and (d) of subdivision four of section four
    55  hundred of this article shall be registered by the  department  pursuant

        A. 10482                            7
 
     1  to  the provisions of this section. Such registration shall be renewable
     2  annually and be accompanied by a fee of one hundred dollars.
     3    Application  for  registration  as  set forth in this section shall be
     4  made annually to the commissioner on a form prescribed  by  the  commis-
     5  sioner. The applicant shall satisfy the commissioner of his or her char-
     6  acter  and  responsibility  and  shall set forth such information as the
     7  commissioner shall require, including but not limited to the  following,
     8  provided,  however  a  public authority shall not be required to provide
     9  the information required by paragraphs (a), (b) and (c) of this subdivi-
    10  sion:
    11    § 8. This act shall take effect immediately.
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