Bill Text: NY A10137 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the name of the Rockland County Solid Waste Authority; subjects such authority to regulation by the department of agriculture and markets; eliminates the ability of the authority to allow a subsidiary to perform certain functions relating to the care of unwanted animals; makes a technical change; relates to public authorities providing shelter services for the care of unwanted animals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-28 - ordered to third reading rules cal.212 [A10137 Detail]

Download: New_York-2023-A10137-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10137

                   IN ASSEMBLY

                                       May 9, 2024
                                       ___________

        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 the name of
          the Rockland County Solid Waste Authority, subjecting  such  authority
          to regulation by the department of agriculture and markets, and making
          a  technical  change; 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.  Subdivision 3 of section 2053-b of the public authorities
     2  law, as amended by chapter 553 of the laws of 2022, is amended  to  read
     3  as follows:
     4    3.  "Authority"  shall  mean the public benefit corporation created by
     5  section two thousand fifty-three-c of this title, known as the  Rockland
     6  county  solid  waste management authority and shall also hereby be known
     7  as Rockland Green and/or RG Cares.
     8    § 2. Subdivision 1 of section 2053-c of the public authorities law, as
     9  amended by chapter 553 of the laws  of  2022,  is  amended  to  read  as
    10  follows:
    11    1.  Upon compliance with the requirements of subdivision seven of this
    12  section, a corporation known as the Rockland county solid waste  manage-
    13  ment  authority  shall  be  deemed  to  have been created hereby for the
    14  public purposes and charged  with  the  duties  and  having  the  powers
    15  provided  in  this  title.  The  authority shall be a body corporate and
    16  politic constituting a public benefit corporation. In order to  be  more
    17  consistent  with  the  authority's  goals,  mission  and objectives, the
    18  authority shall also be known as Rockland Green and/or RG Cares.
    19    § 3. Subdivision 22 of section 2053-e of the public  authorities  law,
    20  as  amended  by  chapter  553 of the laws of 2022, is amended to read as
    21  follows:
    22    22. The authority may acquire, hold, own, lease, establish, construct,
    23  effectuate, operate, maintain, renovate, improve, extend or  repair  any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15334-02-4
        A. 10137                            2

     1  of  its  facilities  [through,  and cause any one or more of its powers,
     2  duties, functions or activities to be exercised or performed by, no more
     3  than one wholly-owned subsidiary corporation of the authority]  for  the
     4  [sole]  purposes  of  operating  an  animal shelter and providing animal
     5  management services on behalf of one or more municipalities  located  in
     6  the  county  of  Rockland  pursuant to the agriculture and markets law[.
     7  Such subsidiary corporation shall be deemed an animal  shelter  for  the
     8  purposes of registration, inspection or any oversight required by law or
     9  regulation  by  the department of agriculture and markets. The authority
    10  may transfer to or from any such corporation,  or  between  such  corpo-
    11  rations,  any moneys, real property or other property or the services of
    12  any officers, employees or consultants for any of the purposes  of  this
    13  title.  The directors or members of such subsidiary corporation shall be
    14  the same persons holding the offices of members of the  authority.  Such
    15  subsidiary corporation and any of its property, functions and activities
    16  shall  have  all of the privileges, immunities, tax exemptions and other
    17  exemptions of the authority and of the authority's  property,  functions
    18  and  activities.  Such  subsidiary  corporation  shall be subject to the
    19  restrictions and limitations to which the authority may be subject. Such
    20  subsidiary corporation shall be  subject  to  suit  in  accordance  with
    21  section two thousand fifty-three-u this title. The employees of any such
    22  subsidiary  corporation,  except  those  who  are  also employees of the
    23  authority, shall not be deemed employees of the authority] and  will  be
    24  subject  to  regulation by the department of agriculture and markets for
    25  the purposes of registration, inspection, and  any  oversight  or  regu-
    26  lation.
    27    § 4. Subdivision 1 of section 2053-g of the public authorities law, as
    28  amended  by  chapter  553  of  the  laws  of 2022, is amended to read as
    29  follows:
    30    1. The authority may fix and collect, on any equitable  basis,  rates,
    31  rentals, fees and other charges for the use of facilities of or services
    32  or  commodities provided by the authority [or any subsidiary], including
    33  the availability of any of the foregoing from the authority. Such rates,
    34  rentals, fees and other charges may be  fixed  and  collected  from  any
    35  person  to whom such facilities, services or commodities are provided by
    36  or made available from the  authority,  including  generators  of  solid
    37  waste  and  owners of real property upon which solid waste is generated.
    38  Such rates, rentals, fees and other charges may be the same or different
    39  for each classification of user or service recipient and may, by way  of
    40  example,  reflect  the  source  and  composition  of solid waste and may
    41  provide for fee reductions to the users or service recipients in propor-
    42  tion to waste generated or to reflect participation in source separation
    43  programs. In any instance where the county is or would  be  required  by
    44  law, with respect to solid waste management, to conduct a public hearing
    45  in  connection  with  a  user  or rate, rental, fee or other charge, the
    46  authority shall not establish, fix, or revise any classification of user
    47  or service recipient, rate, rental, fee or other charge unless and until
    48  the authority has held a public hearing at which interested persons have
    49  had an opportunity to be heard concerning the  same;  provided  however,
    50  that  if  the  county  has conducted a public hearing in connection with
    51  such rate, rental, fee or other  charge,  the  authority  shall  not  be
    52  required  to  hold  a  public hearing. Notice of any such public hearing
    53  shall be published at least ten days before the date set therefor, in at
    54  least one newspaper of general circulation in the  county.  Such  notice
    55  shall  set  forth  the  date,  time  and place of such hearing and shall
    56  include a brief description of the matters  to  be  considered  at  such
        A. 10137                            3

     1  meeting.  A  copy of the notice shall be available for inspection by the
     2  public. At any such hearing, any interested persons shall have an oppor-
     3  tunity to be heard concerning the matters under consideration. Any deci-
     4  sion  by the authority at such public hearing shall be in writing and be
     5  made available in the office of  the  authority  for  public  inspection
     6  during regular office hours.
     7    §  5. Subdivision 2 of section 114 of the agriculture and markets law,
     8  as amended by chapter 553 of the laws of 2022, is  amended  to  read  as
     9  follows:
    10    2.  In  lieu  of  or  in addition to establishing and maintaining such
    11  pound or shelter, any town or city, or any village in which licenses are
    12  issued shall, and any other village and any  county  may,  contract  for
    13  pound or shelter services with any other municipality or with any incor-
    14  porated  humane  society  or similar incorporated dog protective associ-
    15  ation, or with a public authority providing  shelter  services  [or  its
    16  subsidiary that is wholly created for the sole purpose of providing such
    17  services],  or shall establish and maintain, jointly or with one or more
    18  other municipalities, a pound or shelter.
    19    § 6. Paragraph d of subdivision 4 of section 400  of  the  agriculture
    20  and  markets  law,  as  amended  by  chapter 553 of the laws of 2022, is
    21  amended to read as follows:
    22    (d) Any public authority providing shelter services for  the  care  of
    23  unwanted  animals [or its subsidiary that is wholly created for the sole
    24  purpose of providing such services].
    25    § 7. Paragraph d of subdivision 4 of section 400  of  the  agriculture
    26  and  markets law, as added by chapter 681 of the laws of 2022, is relet-
    27  tered paragraph e.
    28    § 8. This act shall take effect  immediately;  provided  that  section
    29  seven  of  this  act  shall take effect on the same date and in the same
    30  manner as chapter 681 of the laws of 2022 takes effect.