Relates to the dissolution of the Montgomery, Otsego, Schoharie solid waste management authority; repealer

1 Co-sponsor

• Cecilia Tkaczyk

BILL NUMBER:S6181

Title of bill

An act to amend the public authorities law, in relation to the Montgomery, Otsego, Schoharie county solid waste management authority; and repealing certain provisions of such law relating thereto

Purpose

To dissolve a tri-county solid waste authority at the request of its component counties and the authority

Summary of provisions

Amends section 2041-w of the public authorities law to authorize the dissolution of the MOS solid waste management authority ("MOSA"). Further provides a plan for the distribution of the authority's assets and liabilities among the authority's component counties and authorizes payment of the authority's outstanding claims and accounts by the directors.

Existing law

In 1987, legislation was enacted into law creating a tri-county solid waste authority for Montgomery, Otsego and Schoharie Counties; at their request. The law was amended in 2012 to authorize one component county, upon its request, to withdraw from the authority.

Justification

The MOS solid waste authority (MOSA) was created by the legislature as a home rule request of three counties at a time when solid waste management was a growing state and even national concern. National news of the floating 'garbage barge,' the press for closure of old and leaking sanitary landfills, scarcity of new landfills and disposal options, new markets for recycling, and the soaring cost of waste disposal and state policy all strongly influenced some local governments to contemplate regional solutions to solid waste management. MOSA was an effort for more than two decades to create a cost effective and forward-thinking partnership among three adjacent counties for the disposal of their solid waste, closure of landfills within the three counties, and management of their recyclable materials.

In subsequent years, dissension arose over the authority's management and costs. A critical audit by the state authorities budget office (ABO), the distribution of the authority's costs pursuant to a user agreement, lack of flow control, and other options encouraged at least one of the authority's component counties to evaluate its options, resulting in chapter 7 of the laws of 2012, which authorized Otsego County to withdraw its membership. The service agreement governing the three counties' participation in, and funding of, the MOS Authority, expires in April 2014. As of that date, the authority will no longer be able to ensure that waste generated within its component counties flow to its transfer stations, thus destabilizing the authority's revenue stream.

The counties believe, each and upon their own motions, that the purposes of the original partnership, and for which MOSA was established, have been fulfilled and that the authority is no longer necessary.

The three component counties, by individually adopted resolutions, and the authority itself, have requested this home rule legislation that would dissolve the authority and establish procedures for the distribution of its assets and assumption of any liabilities.

Legislative history

New bill.

Fiscal implications

None to the state

Effective date

Immediate