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3. The local governments are hereby authorized to resell or otherwise dispose of all or any part of the materials, energy, by-products residue purchased from the authority pursuant to subdivision one of this section. Any resale or other disposition may be made in such manner each of the local governments inay 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 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,

§ 2052-u. Solid waste reserve fund. The legislative bodies of any of the local governments may establish a special fund, to be known the solid waste reserve fund of such local government. There shall be credited to such reserve fund all amounts paid to such local government and specifically designated by the payor for deposit in such reserve fund, together with such moneys of such local government as may be appropriated thereto from time to time. Moneys in such reserve fund may be appropriated only for the purpose of paying amounts due from any such local government under the terms of any contract entered into pursuant to this title, for which an insufficient or no provision has otherwise been made, except that upon the adoption of a resolution by at least a two-thirds vote of the voting strength of the legislative body of such local government, all or any portion of the moneys in such reserve fund may be transferred to any other reserve fund established by such local Rovernment pursuant to the general municipal law. To the extent not inconsistent with the provisions of this section, the management of such reserve fund and the investment of moneys therein shall be subject to the provisions of section six-h of the general municipal law.

$ 2052-v. Environmental applications, proceedings, approvals and permits. 1. Any application in relation to the purposes

of

contemplated by this title, or any proceeding commenced, by the towns and the city with the state department of

environmental conservation, the department of transportation or any other state agency or instrumentality or with the United States Environmental Protection

Agency

any other federal agency or instrumentality shall inure to and for the benefit of the authority to the same extent and in the same manner as if the authority had been a party to such application or proceeding, and the authority shall be deemed a party thereto, to the extent not prohibited by any federal law. Any license, approval, permit or decision issued or granted pursuant to or as a result of any such application or proceeding shall inure to the benefit of and be binding upon the authority and shall be assigned and transferred by the local governments

to

the authority unless such assignment and transfer is prohibited by federal

2. All such, applications, proceedings, licenses, approvals, permits and decisions shall further inure to and for the benefit of and' be binding upon any person leasing, acquiring, constructing, maintaining, using or occupying any facility financed in whole or in part by the authority: 3. The authority shall be designated as the planning unit for the area of operation, pursuant to section 27-0107 of the environmental conservathon law and shall, in addition to the purposes set forth above in this title, carry out the legislative purposes set forth in section 27-0101 of the environmental conservation law.

8, 2052-6. Separability. If any section, clause or provision in this title shall be held by a competent court to'be unconstitutional or inef

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tional or ineffective, it shall be valid and effective, and other section, clause or provision shall on account thereof be deemed invalid or ineffective.

§ 2052-x. Effect of inconsistent provisions. In so far as the provisions of this title are inconsistent with the provisions of any other act,, general special, or of the local governments charter or any local law, ordinance or resolution of the local governments or any other municipality, the provisions of this title shall be controlling, Nothing contained in this section shall be held to supplement otherwise expand the powers or duties of the authority otherwise set forth in this title. Nothing contained in this title shall be held to alter or abridge the powers and duties of the department of environmental conservation or the department of health.

§ 2052-y. Contracts for design, construction, service and materials. For the purposes of article fifteen-A of the executive law only, the authority shall be

shall be deemed a state agency as that term is used in such article, and its contracts for design, construction, services

and materials shall be deemed state contracts within the meaning of that term as set forth in such article.

§ 2. This act shall take effect immediately.

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CHAPTER 392

or

AN ACT to amend the public authorities law, in relation to making technical corrections to a chapter creating the greater Troy area

solid waste management authority Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 2 of section 2052-h of the public authorities law, as added by a chapter of the laws of 1992 amending the public authorities law, relating to creating the inter-municipal solid waste management authority, as proposed in legislative bill numbers S. 8507-A, A. 11703-A, is amended to read as follows:

2. Bonds shall be authorized by resolution of the authority, be in such denominations, bear such date or dates and mature at such time times as such resolution shall provide, except that notes and any renewals thereof shall mature within five years from the date of the original issuance and bonds and any renewals thereof shall mature within thirty years from the date of the original issuance of any such bonds or notes. The bonds and notes shall be subject to such terms of redemption, bear interest at such rate or rates, be payable at such times, be in such

either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution may provide. Bonds may be sold at public or private sale for such price or prices as the authority shall determine: [The state comptroller shall promulgate rules in conformance with the state administrative procedure act governing the sale on a negotiated basis of bonds, notes and certificates of participation by public authorities and public benefit corporations made subject to such rules by law. No such sale by the authority on a negotiated basis shall be conducted without prior approval of the state comptroller except as provided in such rules, which shall set forth the circumstances under which such approval shall not be required. Such rules shall be reviewed at least annually and updated as may be necessary. ] The authority may pay all expenses, premiums and commissions which it may deem necessary or advantageous in connection with the issuance and sale of bonds.

§ 2. Section 2052-h of the public authorities law, as added by a chapter of the laws of 1992 amending the public authorities law, relating to creating the inter-municipal solid waste management authority, as proposed in legislative bill numbers S. 8507-A, A. 11703-A, is amended by adding two new subdivisions 9 and 10 to read as follows:

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9. The state comptroller shall promulgate rules in conformance with the state administrative procedure act governing the sale on negotiated basis of bonds, notes and certificates of participation by public authorities and public benefit corporations made subject to such rules by law. No such sale by the authority on a negotiated basis shall be conducted without prior approval of the state comptroller except provided in such rules, which shall set forth the circumstances under which such approval shall not be required. Such rules shall be reviewed at least annually and updated as may be necessary. The authority shall annually deliver to the senate finance committee, the assembly ways and means committee and the director of the division of the budget a report listing all such sales conducted in the previous year, including but not limited to the name of the issuer, the amount of the issue, the interest rate and interest cost per year for each such sale.

10. Agreements for "credit enhancement. (a) The authority is hereby authorized and empowered to enter into such agreements as it deems sonable and appropriate, with any department or agency of the United States of America, the state, any other financially responsible party, to facilitate the issuance, sale, resale and payment of bonds, notes, or other evidences of indebtedness of the authority, including, but not limited to letters of credit, lines of credit, revolving credit, bond insurance or other credit enhancements. Such agreements may provide for: (i) the advance or advances of funds on behalf of the authority to pay bonds, notes or other evidences of indebtedness of the authority their date, or dates of maturity or redemption; and (ii) the reimbursement of such advance or advances by the authority.

(b) Such agreements may be executed on or before the date of issuance of the obligations to be paid pursuant thereto, provided, however, that any reimbursement obligation of the authority shall be deemed indebtedness of the authority; (i) only as of the date that the responding advance is made pursuant to paragraph (a) of this subdivision; and (ii) only in the amount of the advance made pursuant to such paragraph. Such agreements may include a pledge by the authority of its faith and credit for the payment of any indebtedness deemed to

be
tracted as set forth in this subdivision, and may provide that any such
indebtedness arising from a reimbursement obligation contracted pursuant
to this section shall be paid in accordance with the terms of such
agreement. Such indebtedness shall be excluded in ascertaining the power
of the authority to contract indebtedness pursuant to this chapter. Such
agreements shall also include such terms and conditions as the authority
shall, deen appropriate, including provisions for the payment of reason-
able fees by the authority in return for a commitment to advance funds
pursuant to such agreement. Such fees shall be deemed part of the cost
of the object or purpose in connection with which they are incurred.

(6) Prior to procurement of any credit or liquidity enhancements, the
author ity shall, to the extent practicable:
(i) consider the ability of the

credit

or liquidity enhancement provider to make required payments as and when due under the terms of the appropriate governing instruments;

(ii) consider the business reputation of the credit or liquidity enhancement provider;

(iii) consider the maximum term of the credit or liquidity enhancement
relative to the maturity of the bonds, notes or other obligations being
credit or liquidity enhanced;
(iv) provide for the right of substitution for the credit or liquidity
enhancement provider in all agreements, including a provision permitting
such substitution when the rating of the credit or liquidity enhancement
provider falls below the probable credit rating of the issue without
considering the credit or liquidity enhancer; and
(W) consider the cost of the credit or liquidity enhancement relative
to the savings or other benefit likely to be achieved through the utili-
zation of the credit or liquidity enhancement.

d) Where the credit or liquidity enhancement procured is an irrevoca-
ble letter of credit or an acquisition arrangement with a liquidity
hancer, such instrument shall be:

C issued or confirmed by a þank holding company or its direct sub-
sidiaries, a federally chartered bank or its subsidiaries,

state or its subsidiaries, licensed or authorized to do business in this state; and EXPLANATION-Matter in italics is new; matter in brackets [ J is old law

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(ii) issued or confirmed by an agency or branch of a foreign banking institution licensed to do business in this state with total worldwide assets in excess of five billion dollars. (e) Any such issuing banking organization referred to in paragraph (d) of this subdivision shall meet the regulatory guidelines for capital adequacy promulgated by the appropriate federal banking agency as defined in the Federal Deposit Insurance Act, 12 U.S.C. 181369).

(f) Where the credit or liquidity enhancement procured is provided by an insurance company, such insurer shall be licensed to write financial guarantee insurance in this state.

(8) The failure of the authority to comply with paragraphs (c) through (f) of this subdivision shall not invalidate or impair any credit liquidity enhancement contract or instrument.

§ 3. This act shall take effect on the same date as a chapter of the laws of 1992 amending the public authorities law, relating to creating the inter-municipal solid waste management authority, as proposed in legislative bill numbers S. 8507-A, A. 11703-A, takes effect.

or

CHAPTER 393

AN ACT to amend the county law, in relation to a surcharge on cellular

telephones for emergency communications
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 10 of section 301 of the county law, as added by chapter 166 of the laws of 1991, is amended to read as follows:

10. "Cellular telephone service supplier" means a (telephone corporation] business entity which provides cellular telephone service within New York state.

§ 2. Subdivisions 2 and 3 of section 309 of the county law, as added by chapter 166 of the laws of 1991, are amended to read as follows:

2. Each cellular telephone service supplier shall collect the surcharges imposed by subdivision one of this section and shall remit the funds collected the surcharge on cellular telephone service to the [state comptroller] division of state police on a quarterly basis. The cellular telephone service supplier shall be entitled to retain as an administrative fee an amount equal to two percent of its collections of the surcharge pursuant to this section. However, the cellular telephone service supplier shall have no legal obligation to enforce the collection of any surcharge.

3. Notwithstanding, any provision of law to the contrary, all surcharge monies remitted to the state comptroller] division of state police pursuant to this section shall be deposited to the seized assets account of the iniscellaneous special revenue fund for payment of division of state police costs related to statewide operation of a cellular 911 emergency telecommunications system.

§ 3. This act shall take effect immediately.

as

CHAPTER 394

AN ACT to amend the agriculture and markets law, in relation to the sale

of meat food products represented as kosher
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 4 of section 201-a of the agriculture and markets law, as added by chapter 911 of the laws of 1986,

amended to read as follows:

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4. Every person who sells or exposes for sale, at wholesale or retail, any kosher meat, meat by-products, meat food products or

poultry shall retain all records with respect to the origin of such kosher meat, meat by-products, meat food products or poultry, subject to inspection by the department; provided however that kosher meat, meat by-products, meat food products or poultry packed off-premises and labelled as Kosher by the packer thereof shall be excepted from the record keeping requires ments of this subdivision. Such records shall include bills of sale, invoices,, bills of lading and receiving and shipping papers. Every record required to be maintained under this subdivision shall be retained for a period of two years after December thirty-first of the year in which the transaction to which the record related has occurred and for such further period as the commissioner may require for purposes of any investigation or litigation under this article, by written notice to the person required to keep such records. § 2. This act shall take effect immediately.

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CHAPTER 395

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AN ACT in relation to authorizing the exchange of certain lands by the

town of Hamburg, county of Erie Became a law July 17, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding any other provision of law, the town board of the town of Hamburg, Erie county, on behalf of and in the

of such town is hereby authorized and empowered to discontinue for park and recreational purposes the lands hereafter described in section two of this act and to convey such lands to Marine Midland Bank, N. A., Jacob F. Schoellkopf V and Patricia C. Schoellkopf as trustees under the will of Jacob F. Schoellkopf IV in exchange for the lands hereafter described in section three of this act. The lands described in section three of this act, when so acquired, shall be used for park and recreational purposes. The authority to exchange such lands as provided for herein shall expire and no such transaction shall be permitted after the date occurring one year after the effective date of this act.

2. The lands to be conveyed by the town of Hamburg are described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hamburg, County of Erie and State of New York being part of Lot 47, Township, Range 8 of the Holland Land Company's survey and being more particularly described as follows: Beginning at the northeast corner of Liber 5800 of Deeds at Page 201 & 2C%; thence westerly along the north line of Liber 5800 of Deeds at Page 231 & 202, 231.54' feet to a point; thence northwesterly at an interior angle of 114° 51' 42", 41. 27 feet to a point; thence northeasterly at an interior angle 1040' 19' 26", 89.07 feet to a point; thence continuing northeasterly at an interior angle of 201° 11' 58". 43. 10 feet to point; thence northerly at an interior angle of 2018 11' 58" 89. 07 feet to e point; thence northwesterly at an interior angle of 1988 56° 51", 56.55 feet to a point; thence westerly at an exterior angle of 950 04 03", 100.00 feet to a point; thence northwesterly at an interior angle Of 90° 00', 80.00 feet to a point; thence southwesterly along a curve to the right and having a radius of 390.00 feet, an arc length of 213, 59 feet to a point; thence continuing southeasterly along a curve to the

a radius of 665.0 feet, an arc length of 271. 10 feet ochê point; thence southerly 20.0 feet' to a point; thence westerly at

point; thence southerly at right angles to the aforementioned line 166.00 feet to a EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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