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S07327 Summary:

S07327 Actions:

S07327 Floor Votes:

S07327 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7327
 
                    IN SENATE
 
                                       May 2, 2012
                                       ___________
 
        Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and Commissions
 
        AN  ACT  to  amend the public authorities law, in relation to adding the
          town of Kendall, Orleans county to the  towns  served  by  the  Monroe
          county water authority
 

          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 and the towns
    13  of East Bloomfield and West Bloomfield in  Ontario  county,  or  in  the
    14  village of Holley and the [town] towns of Clarendon and Kendall in Orle-
    15  ans  county for the purpose of supplying water for domestic, commercial,
    16  and public purposes at retail to individual consumers within the  county
    17  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
    26  lines, pumping stations and equipment, or any other property  incidental
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15595-01-2
        S. 7327                             2
 
     1  to  or  included  in  such  system  or part thereof within the county of
     2  Monroe, or in Genesee county, or in the town or village  of  Victor  and
     3  the  towns  of East Bloomfield and West Bloomfield in Ontario county, or
     4  in  the  village of Holley and the [town] towns of Clarendon and Kendall

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

    17  pality  specifically  enumerated  in the first sentence of this subdivi-
    18  sion; and to own and operate, maintain,  repair,  improve,  reconstruct,
    19  enlarge, and extend, subject to the provisions of this title, any of its
    20  properties  acquired  or  constructed  under  this  title, all of which,
    21  together with the acquisition of such properties, are hereby declared to
    22  be public purposes;
    23    7. To sell water, however acquired, by volume and at retail  to  indi-
    24  vidual  consumers  within the county of Monroe for domestic, commercial,
    25  industrial, and public purposes, or by volume or in bulk and  at  whole-
    26  sale to any or all municipalities or privately owned public water supply
    27  and  distribution systems in such county. The fact that any municipality
    28  has procured or is about to  procure  an  independent  source  of  water
    29  supply  shall  not  prevent such municipality from purchasing water from

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

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

    53  and distribution system;
    54    § 2. This act shall take effect immediately.