S7327-2011 - NY Senate Open Legislation - Relates to adding the town of Kendall, Orleans county to the towns served by the Monroe county water authority

Adds the town of Kendall, Orleans county to the towns served by the Monroe county water authority.

Sponsor: MAZIARZ
Law Section: Public Authorities Law / Law: Amd S1096, Pub Auth L

S7327-2011 Actions

Aug 1, 2012: SIGNED CHAP.351
Jul 20, 2012: DELIVERED TO GOVERNOR
Jun 21, 2012: returned to senate
Jun 21, 2012: passed assembly
Jun 21, 2012: ordered to third reading rules cal.588
Jun 21, 2012: substituted for a10332
May 31, 2012: referred to corporations, authorities and commissions
May 31, 2012: DELIVERED TO ASSEMBLY
May 31, 2012: PASSED SENATE
May 16, 2012: ADVANCED TO THIRD READING
May 15, 2012: 2ND REPORT CAL.
May 14, 2012: 1ST REPORT CAL.745
May 2, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

S7327-2011 Meetings

Corporations, Authorities and Commissions: May 14, 2012

S7327-2011 Calendars

Active List: May 31, 2012 , Floor Calendar: May 15, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012

S7327-2011 Votes

VOTE: COMMITTEE VOTE: - Corporations, Authorities and Commissions - May 14, 2012

Ayes (5): Ranzenhofer, Flanagan, Larkin, Martins, Squadron
Ayes W/R (1): Perkins

VOTE: FLOOR VOTE: - May 31, 2012

Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stewart-Cousin, Valesky, Young, Zeldin
Excused (4): Diaz, Hassell-Thomps, Johnson, Stavisky

S7327-2011 Memo

BILL NUMBER:S7327

TITLE OF BILL:

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

PURPOSE:

To add the Town of Kendall (Orleans County) to the municipalities
whose water systems can be leased and maintained by the Monroe County
Water Authority.

SUMMARY OF PROVISIONS:

Section 1 amends section 1096 of the public authorities law to include
the Town of Kendall to the Monroe County Water Authority's retail
service area.

Section 2 is the effective date

JUSTIFICATION:

In 2006, the Town of Kendall (located in Orleans County) entered into
an agreement with the Monroe County Water Authority (MCWA) to operate
and maintain Kendall's water system. To maximize efficiencies under
the agreement, both the Town of Kendall and MCWA would like to
include the Town of Kendall in the MCWA retail service area. By
amending section 1096 of the public authorities law, this legislation
will accomplish that goal.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

S7327-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          7327
 I N  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:

 

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 and the towns
 of East Bloomfield and West Bloomfield in  Ontario  county,  or  in  the
 village of Holley and the [town] TOWNS of Clarendon AND KENDALL in Orle
 ans  county for the purpose of supplying water for domestic, commercial,
 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
 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
 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  and
 the  towns  of East Bloomfield and West Bloomfield in Ontario county, or
 in  the  village of Holley and the [town] TOWNS of Clarendon AND KENDALL
 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 and the towns of East Bloomfield and West
 Bloomfield in Ontario county, or in the village of Holley and the [town]
 TOWNS of Clarendon AND KENDALL in Orleans county, for domestic,  commer
 cial,  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  county;  and  further
 provided  that the authority shall not sell water in any area outside of
 the county unless the governing board of the municipality  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  individ
 ual  consumers, any municipality, or privately owned public water supply
 and distribution system;
 

S 2. This act shall take effect immediately.

S7327-2011: Relates to adding the town of Kendall, Orleans county to the towns served by the Monroe county water authority