Bill Text: NY S07021 | 2011-2012 | General Assembly | Amended
Bill Title: Authorizes the Monroe County Water Authority to lease and maintain water systems owned by the village of Bloomfield.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-08-01 - SIGNED CHAP.346 [S07021 Detail]
Download: New_York-2011-S07021-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7021--A
I N S E N A T E
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 S 2. This act shall take effect immediately.
