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

                                  7327

                            I N  S E N A T E

                               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.