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S07532 Summary:

S07532 Actions:

S07532 Floor Votes:

S07532 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7532
 
                    IN SENATE
 
                                      May 31, 2012
                                       ___________
 
        Introduced  by Sen. GALLIVAN -- 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 authorizing
          the Monroe County Water Authority to lease and maintain water  systems
          owned by the towns of Richmond and Canadice
 

          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, Canadice, Richmond and West  Bloomfield  in  Ontario
    14  county, or in the village of Holley and the town of Clarendon in Orleans
    15  county  for the purpose of supplying water for domestic, commercial, and
    16  public purposes at retail to individual consumers within the  county  of
    17  Monroe  or  in the manner provided by subdivision seven of this section;
    18  and as a means of so acquiring for such purposes,  and  subject  to  the
    19  approval  of  the  public service commission, the authority may purchase
    20  all of the stock of any existing privately owned  water  corporation  or
    21  company,  and  thereafter,  within  a reasonable time, such water corpo-
    22  ration 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.
                                                                   LBD16081-01-2
        S. 7532                             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, Canadice, Richmond and West Bloomfield in
     4  Ontario county, or in the village of Holley and the town of Clarendon in
     5  Orleans county. To acquire, by condemnation, in the name of the authori-

     6  ty  in  the  counties  of  Monroe and Genesee, or in any other county or
     7  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, Canad-
    33  ice, Richmond and West Bloomfield in Ontario county, or in  the  village
    34  of  Holley  and  the  town of Clarendon in Orleans county, for domestic,
    35  commercial, industrial, and public purposes, or by volume or in bulk and
    36  at wholesale to any municipality or privately owned public water  supply
    37  and  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.