Ratifies and confirms the creation of water district number 14 of the town of Monroe, made up of the water system previously owned and operated by Orchard Hill Water Company and which has been owned and operated by the town of Monroe by mandate from the public service commission since 2013; authorizes the issuance of bonds or notes by such town to finance certain inter-fund borrowings by such water district.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9704
SPONSOR: Brabenec TITLE OF BILL:
An act to ratify and confirm the creation of water district no. 14 of
the town of Monroe and to authorize the issuance of bonds or notes by
the town of Monroe to finance certain inter-fund borrowings by water
district no. 14 from such town's general fund
PURPOSE OR GENERAL IDEA OF BILL:
This legislation will ratify and confirm the establishment of Water
District No. 14, which has operated as a de-facto special district of
the Town of Monroe since approximately 2012.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Ratifies the creation and establishment of water district no.
14 of the Town of Monroe.
Section 2. Authorizes the Town of Monroe to issue bonds or notes to
finance certain inter-fund loans made by the Town's General Fund to said
Water District No. 14.
Section 3. Provides that this act shall take effect immediately.
JUSTIFICATION:
In 2013, the Public Service Commission mandated that the Town of Monroe
in Orange County take over the private water system that previously
served the residents of the current Water District No. 14. The water
system was previously owned and operated by Orchard Hill Water Company.
The water system had fallen into substantial disrepair and required
significant capital improvements. Upon taking over the water system, the
Town immediately made certain necessary capital improvements to the
water system that were paid from the Town's General Funds. Absent the
improvements, the system was in complete disrepair and residents were
experiencing intermittent disruption of water service. The Town
completed the required proceedings to establish Water District No 14 on
August 28, 2019; however, the Town's application to the State Comp-
troller was not completed and approved. The District has been operating
as a de-facto district since 2012.
This legislation will authorize the Town to issue bonds or notes to
finance certain inter-fund loans made by the Town's General Fund to said
Water District No. 14 on account of emergency capital improvements and
land acquisition costs required when the Town took over the water
system. As of early 2024, the amount of the inter-fund loan is $507,443.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9704
IN ASSEMBLY
April 3, 2024
___________
Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Local Governments
AN ACT to ratify and confirm the creation of water district no. 14 of
the town of Monroe and to authorize the issuance of bonds or notes by
the town of Monroe to finance certain inter-fund borrowings by water
district no. 14 from such town's general fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any other provision of law to the contrary,
2 the establishment of water district number 14 within the town of Monroe,
3 made up of the water system previously owned and operated by Orchard
4 Hill Water Company and which has been owned and operated by the town of
5 Monroe by mandate from the public service commission since 2013, is
6 hereby ratified and confirmed. Said water district established pursuant
7 to this act shall be funded, operated, expanded and otherwise controlled
8 in accordance with the provisions of articles 12 and 12-A of the town
9 law and the provisions of this act. To the extent that the provisions of
10 this act shall in any way be in conflict with articles 12 and 12-A of
11 the town law, the provisions of this act shall be controlling.
12 § 2. The town of Monroe is authorized to issue bonds or notes in
13 accordance with the local finance law to finance the costs of certain
14 capital improvements made by such town at the time such town acquired
15 the water system that is currently operated within water district number
16 14. The issuance of said bonds or notes shall not be subject to the
17 approval of the state comptroller.
18 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14271-01-4
