N.Y.
Public Authorities Law Section 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 proportion 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 opportunity to be heard concerning the matters under consideration. Any decision 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 headings “solid waste disposal charge” and “animal management charge”, as appropriate. 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 properties 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 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.
Source:
Section 2053-G — Charges by the authority; method of collection, https://www.nysenate.gov/legislation/laws/PBA/2053-G (updated Aug. 19, 2022; accessed Oct. 26, 2024).
