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S07021 Summary:

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S07021 Floor Votes:

S07021 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7021--A
 
                    IN SENATE
 
                                     April 23, 2012
                                       ___________
 
        Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and   Commissions  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public authorities law, in relation  to  authorizing

          the  Monroe County Water Authority to lease and maintain water systems
          owned by the village of Bloomfield
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  4,  6  and  7 of section 1096 of the public
     2  authorities law, as amended by chapter 411 of  the  laws  of  2002,  are
     3  amended to read as follows:
     4    4.  To  purchase  or  lease,  in  the name of the authority, any water
     5  supply system,  water  distribution  system,  including  plants,  works,
     6  instrumentalities  or  parts  thereof  and appurtenances thereto, lands,
     7  easements, rights in land  and  water  rights,  rights-of-way,  contract
     8  rights,  franchises,  approaches,  connections,  dams, reservoirs, water
     9  mains and pipe lines, pumping stations and equipment, or any other prop-

    10  erty incidental to and included in such system or part thereof, and  any
    11  improvements,  extensions,  and betterments, situated within the county,
    12  or in Genesee county, or in the town or village of Victor,  the  village
    13  of  Bloomfield  and  the towns of East Bloomfield and West Bloomfield in
    14  Ontario county, or in the village of Holley and the town of Clarendon in
    15  Orleans county for the purpose of supplying water for domestic,  commer-
    16  cial,  and  public purposes at retail to individual consumers within the
    17  county of Monroe or in the manner provided by subdivision seven of  this
    18  section;  and  as a means of so acquiring for such purposes, and subject
    19  to the approval of the public  service  commission,  the  authority  may
    20  purchase  all  of the stock of any existing privately owned water corpo-
    21  ration or company, and thereafter, within a reasonable time, such  water

    22  corporation or company shall be dissolved;
    23    6.  To  construct  and develop any water supply system, water distrib-
    24  ution system, including plants, works, instrumentalities, or parts ther-
    25  eof, and appurtenances thereto,  dams,  reservoirs,  water  mains,  pipe
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15312-02-2
        S. 7021--A                          2
 
     1  lines,  pumping stations and equipment, or any other property incidental
     2  to or included in such system or  part  thereof  within  the  county  of
     3  Monroe,  or  in Genesee county, or in the town or village of Victor, the
     4  village  of  Bloomfield and the towns of East Bloomfield and West Bloom-

     5  field in Ontario county, or in the village of Holley  and  the  town  of
     6  Clarendon in Orleans county. To acquire, by condemnation, in the name of
     7  the  authority  in  the  counties of Monroe and Genesee, or in any other
     8  county or municipality specifically enumerated in the first sentence  of
     9  this  subdivision, or in the name of the county of Monroe in the case of
    10  any water facilities to be owned and financed by such county pursuant to
    11  subdivision sixteen-b of this section, lands, easements, rights in  land
    12  and  water  rights,  and rights-of-way within the counties of Monroe and
    13  Genesee, or in any other county or municipality specifically  enumerated
    14  in  the  first  sentence  of this subdivision, in the manner provided by
    15  this title; or to purchase or lease lands, easements, rights in land and
    16  water rights, and rights-of-way in connection therewith within the coun-

    17  ty of Monroe or within Genesee county, or in any other county or munici-
    18  pality specifically enumerated in the first sentence  of  this  subdivi-
    19  sion;  and  to  own and operate, maintain, repair, improve, reconstruct,
    20  enlarge, and extend, subject to the provisions of this title, any of its
    21  properties acquired or constructed  under  this  title,  all  of  which,
    22  together with the acquisition of such properties, are hereby declared to
    23  be public purposes;
    24    7.  To  sell water, however acquired, by volume and at retail to indi-
    25  vidual consumers within the county of Monroe for  domestic,  commercial,
    26  industrial,  and  public purposes, or by volume or in bulk and at whole-
    27  sale to any or all municipalities or privately owned public water supply
    28  and distribution systems in such county. The fact that any  municipality
    29  has  procured  or  is  about  to  procure an independent source of water

    30  supply shall not prevent such municipality from  purchasing  water  from
    31  the authority. To sell any water not needed in such county by volume and
    32  at  retail  to  individual consumers within the county of Genesee, or in
    33  the town or village of Victor, the village of Bloomfield and  the  towns
    34  of  East  Bloomfield  and  West  Bloomfield in Ontario county, or in the
    35  village of Holley and the town  of  Clarendon  in  Orleans  county,  for
    36  domestic,  commercial,  industrial, and public purposes, or by volume or
    37  in bulk and at wholesale to any municipality or privately  owned  public
    38  water  supply  and  distribution  system outside of the county; provided
    39  that any costs incurred by the authority related to the  Genesee  county
    40  project  shall  be recovered by the authority solely from Genesee county
    41  or from rates and charges collected from customers within Genesee  coun-

    42  ty;  and further provided that the authority shall not sell water in any
    43  area outside of the county unless the governing  board  of  the  munici-
    44  pality  wherein  such area is located shall enter into an agreement with
    45  the authority for service or sale of water by it in such area  or  shall
    46  by  resolution request the authority to sell water within such area. Any
    47  agreement between a municipality outside of the county and the authority
    48  for the sale of water to or within such municipality shall be subject to
    49  the approval of the legislative body of the  contiguous  county  wherein
    50  such  municipality  is  located.  Not  only  may  the authority sell any
    51  surplus water it may have developed, but it may develop  and  provide  a
    52  sufficient  amount  of water so as to supply water outside of the county
    53  to individual consumers, any municipality,  or  privately  owned  public

    54  water supply and distribution system;
    55    § 2. This act shall take effect immediately.