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

                                10033--A

                          I N  A S S E M B L Y

                               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.