Authorizes the Monroe County Water Authority to lease and maintain water systems owned by the village of Bloomfield.

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A10033A-2011 Actions

• Jun 21, 2012: substituted by s7021a
• Jun 21, 2012: rules report cal.548
• Jun 21, 2012: reported
• Jun 20, 2012: reported referred to rules
• May 22, 2012: reported referred to ways and means
• May 10, 2012: print number 10033a
• May 10, 2012: amend and recommit to corporations, authorities and commissions
• May 2, 2012: referred to corporations, authorities and commissions

A10033A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                  10033--A

                            I N  ASSEMBLY

                                 May 2, 2012
                                 ___________

  Introduced  by M. of A. HANNA -- read once and referred 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:


    Section  1.  Subdivisions  4,  6  and  7 of section 1096 of the public
  authorities law, as amended by chapter 411 of  the  laws  of  2002,  are
  amended to read as follows:

    4.  To  purchase  or  lease,  in  the name of the authority, any water
  supply system,  water  distribution  system,  including  plants,  works,
  instrumentalities  or  parts  thereof  and appurtenances thereto, lands,
  easements, rights in land  and  water  rights,  rights-of-way,  contract
  rights,  franchises,  approaches,  connections,  dams, reservoirs, water
  mains and pipe lines, pumping stations and equipment, or any other prop-
  erty incidental to and included in such system or part thereof, and  any
  improvements,  extensions,  and betterments, situated within the county,
  or in Genesee county, or in the town or village of Victor,  THE  VILLAGE
  OF  BLOOMFIELD  and  the towns of East Bloomfield and West Bloomfield in
  Ontario county, or in the village of Holley and the town of Clarendon in
  Orleans county for the purpose of supplying water for domestic,  commer-
  cial,  and  public purposes at retail to individual consumers within the
  county of Monroe or in the manner provided by subdivision seven of  this
  section;  and  as a means of so acquiring for such purposes, and subject
  to the approval of the public  service  commission,  the  authority  may
  purchase  all  of the stock of any existing privately owned water corpo-
  ration or company, and thereafter, within a reasonable time, such  water
  corporation or company shall be dissolved;
    6.  To  construct  and develop any water supply system, water distrib-
  ution system, including plants, works, instrumentalities, or parts ther-
  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.
                                                             LBD15312-03-2

 A. 10033--A                         2

  lines,  pumping stations and equipment, or any other property incidental
  to or included in such system or  part  thereof  within  the  county  of
  Monroe,  or  in Genesee county, or in the town or village of Victor, THE
  VILLAGE  OF  BLOOMFIELD and the towns of East Bloomfield and West Bloom-
  field in Ontario county, or in the village of Holley  and  the  town  of
  Clarendon in Orleans county. To acquire, by condemnation, in the name of
  the  authority  in  the  counties of Monroe and Genesee, or in any other
  county or municipality specifically enumerated in the first sentence  of
  this  subdivision, or in the name of the county of Monroe in the case of
  any water facilities to be owned and financed by such county pursuant to
  subdivision sixteen-b of this section, lands, easements, rights in  land
  and  water  rights,  and rights-of-way within the counties of Monroe and
  Genesee, or in any other county or municipality specifically  enumerated
  in  the  first  sentence  of this subdivision, in the manner provided by
  this title; or to purchase or lease lands, easements, rights in land and
  water rights, and rights-of-way in connection therewith within the coun-
  ty of Monroe or within Genesee county, or in any other county or munici-
  pality specifically enumerated in the first sentence  of  this  subdivi-
  sion;  and  to  own and operate, maintain, repair, improve, reconstruct,
  enlarge, and extend, subject to the provisions of this title, any of its
  properties acquired or constructed  under  this  title,  all  of  which,
  together with the acquisition of such properties, are hereby declared to
  be public purposes;
    7.  To  sell water, however acquired, by volume and at retail to indi-
  vidual consumers within the county of Monroe for  domestic,  commercial,
  industrial,  and  public purposes, or by volume or in bulk and at whole-
  sale to any or all municipalities or privately owned public water supply
  and distribution systems in such county. The fact that any  municipality
  has  procured  or  is  about  to  procure an independent source of water
  supply shall not prevent such municipality from  purchasing  water  from
  the authority. To sell any water not needed in such county by volume and
  at  retail  to  individual consumers within the county of Genesee, or in
  the town or village of Victor, THE VILLAGE OF BLOOMFIELD and  the  towns
  of  East  Bloomfield  and  West  Bloomfield in Ontario county, or in the
  village of Holley and the town  of  Clarendon  in  Orleans  county,  for
  domestic,  commercial,  industrial, and public purposes, or by volume or
  in bulk and at wholesale to any municipality or privately  owned  public
  water  supply  and  distribution  system outside of the county; provided
  that any costs incurred by the authority related to the  Genesee  county
  project  shall  be recovered by the authority solely from Genesee county
  or from rates and charges collected from customers within Genesee  coun-
  ty;  and further provided that the authority shall not sell water in any
  area outside of the county unless the governing  board  of  the  munici-
  pality  wherein  such area is located shall enter into an agreement with
  the authority for service or sale of water by it in such area  or  shall
  by  resolution request the authority to sell water within such area. Any
  agreement between a municipality outside of the county and the authority
  for the sale of water to or within such municipality shall be subject to
  the approval of the legislative body of the  contiguous  county  wherein
  such  municipality  is  located.  Not  only  may  the authority sell any
  surplus water it may have developed, but it may develop  and  provide  a
  sufficient  amount  of water so as to supply water outside of the county
  to individual consumers, any municipality,  or  privately  owned  public
  water supply and distribution system;
    S 2. This act shall take effect immediately.