S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8535
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the public authorities law, in relation to  establishing
   the New York water authority; and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Article 5 of the public  authorities  law  is  amended  by
 adding a new title 10-E to read as follows:
                                TITLE 10-E
                         NEW YORK WATER AUTHORITY
 SECTION 1240. SHORT TITLE.
         1240-A. LEGISLATIVE FINDINGS AND DECLARATION OF POLICY.
         1240-B. DEFINITIONS.
         1240-C. NEW YORK WATER AUTHORITY.
         1240-D. GENERAL POWERS OF THE AUTHORITY.
         1240-E. NEW YORK WATER AUTHORITY ADVISORY BOARD.
         1240-F. WATER BOARD.
         1240-G. POWERS  OF  THE  WATER  BOARD  TO OPERATE, PURCHASE, AND
                   MAINTAIN CERTAIN WATER COMPANIES.
         1240-H. APPROPRIATIONS  FOR  PURPOSES  OF  THE  WATER  BOARD  OR
                   AUTHORITY;   TRANSFER   OR  ACQUISITION  OF  PROPERTY;
                   CONTRACTS.
         1240-I. TRANSFER OF OFFICERS AND EMPLOYEES.
         1240-J. SUBSIDIARIES.
         1240-K. BONDS OF THE AUTHORITY.
         1240-L. REMEDIES OF BONDHOLDERS.
         1240-M. LOCAL GOVERNMENTS, STATE, AND WATER BOARD NOT LIABLE  ON
                   BONDS OR NOTES; AUTHORITY LIABLE.
         1240-N. LEGAL INVESTMENTS.
         1240-O. MONEYS OF THE AUTHORITY.
         1240-P. AGREEMENT OF THE STATE.
         1240-Q. EXEMPTION FROM TAXES, ASSESSMENTS AND CERTAIN FEES.
         1240-R. PAYMENT IN LIEU OF TAXES.
         1240-S. REPAYMENT OF STATE APPROPRIATIONS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14120-03-2
 S. 8535                             2
 
         1240-T. AUDIT AND ANNUAL REPORTS.
         1240-U. AUTHORITY SUBJECT TO OPEN MEETINGS LAW.
         1240-V. ACTIONS AGAINST THE WATER BOARD AND AUTHORITY.
         1240-W. CONFLICTS OF INTEREST.
         1240-X. SEVERABILITY.
         1240-Y. INCONSISTENT PROVISIONS OF OTHER LAWS SUPERSEDED.
   § 1240. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
 "NEW YORK WATER AUTHORITY ACT".
   § 1240-A. LEGISLATIVE FINDINGS AND DECLARATION OF POLICY. IT IS HEREBY
 FOUND  THAT  SMALL WATER COMPANIES ACROSS NEW YORK STATE ARE STRUGGLING.
 MANY  ARE  NO  LONGER  FINANCIALLY  CAPABLE  OF  MAINTAINING   RELIABLE,
 ADEQUATE, AND SAFE WATER SERVICE TO THEIR CUSTOMERS AT JUST, REASONABLE,
 AND  AFFORDABLE  RATES. AS A RESULT, THE STATE NEEDS TO STEP IN AND HELP
 TAKE OVER OWNERSHIP OF SMALL WATER COMPANIES AND ASSIST IN REPAIRING THE
 INFRASTRUCTURE NECESSARY TO IMPROVE WATER QUALITY, QUANTITY, SAFETY, AND
 COMPLIANCE WITH STATE AND FEDERAL LAW, AND SERVICE TO CUSTOMERS.
   § 1240-B. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS  A
 DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
   1. "AUTHORITY" MEANS THE CORPORATION CREATED BY SECTION TWELVE HUNDRED
 FORTY-C OF THIS TITLE.
   2.  "BOARD"  MEANS  THE  WATER  BOARD  ESTABLISHED PURSUANT TO SECTION
 TWELVE HUNDRED FORTY-F OF THIS TITLE.
   3. "BONDS" MEANS THE BONDS, NOTES, OR OTHER EVIDENCES OF  INDEBTEDNESS
 ISSUED  BY  THE  AUTHORITY PURSUANT TO THIS TITLE, AND THE PROVISIONS OF
 THIS TITLE RELATING TO BONDS AND  BONDHOLDERS  SHALL  APPLY  WITH  EQUAL
 FORCE  AND  EFFECT  TO  NOTES  AND NOTEHOLDERS, RESPECTIVELY, UNLESS THE
 CONTEXT OTHERWISE CLEARLY REQUIRES.
   4. "COMPTROLLER" MEANS THE COMPTROLLER OF THE STATE OF NEW YORK.
   5. "CONSTRUCTION" OR "CONSTRUCTED" MEANS  THE  ACQUISITION,  ERECTION,
 BUILDING,  ALTERATION,  IMPROVEMENT,  INCREASE,  ENLARGEMENT, EXTENSION,
 RECONSTRUCTION, RENOVATION OR REHABILITATION OF:  THE  WATER  FACILITIES
 AND THEIR ASSOCIATED TRANSMISSION AND DISTRIBUTION SYSTEMS; THE WASTEWA-
 TER  FACILITIES AND THEIR ASSOCIATED INTERCEPTOR AND COLLECTION SYSTEMS,
 INCLUDING TREATMENT FACILITIES AND  PUMPING  STATIONS;  OR  STORM  WATER
 FACILITIES  INCLUDING  CATCH  BASINS,  SEWERS, DRAINAGE PIPES, TREATMENT
 FACILITIES AND ALL APPURTENANCES TO SUCH WATER,  WASTEWATER,  AND  STORM
 WATER  FACILITIES; THE INSPECTION AND SUPERVISION THEREOF; AND THE ENVI-
 RONMENTAL,  ENGINEERING,  ARCHITECTURAL,  LEGAL,  FISCAL,  AND  ECONOMIC
 INVESTIGATIONS,  SERVICES  AND STUDIES, SURVEYS, DESIGNS, PLANS, WORKING
 DRAWINGS, SPECIFICATIONS, PROCEDURES AND OTHER  ACTIONS  PRELIMINARY  OR
 INCIDENTAL THERETO AND CLAIMS ARISING THEREFROM.
   6.   "COST"   AS   APPLIED  TO  ANY  PROJECT,  INCLUDES  THE  COST  OF
 CONSTRUCTION, THE COST OF THE ACQUISITION  OF  ALL  PROPERTY,  INCLUDING
 REAL  PROPERTY  AND  OTHER  PROPERTY,  BOTH  REAL,  PERSONAL  AND MIXED,
 IMPROVED AND UNIMPROVED, THE COST OF DEMOLISHING, REMOVING OR RELOCATING
 ANY BUILDINGS OR STRUCTURES ON LANDS SO ACQUIRED, INCLUDING THE COST  OF
 ACQUIRING  ANY  LANDS TO WHICH SUCH BUILDINGS OR STRUCTURES MAY BE MOVED
 OR RELOCATED, THE COST OF ALL SYSTEM  FACILITIES,  MACHINERY,  APPARATUS
 AND  EQUIPMENT,  FINANCING  CHARGES, INTEREST PRIOR TO, DURING AND AFTER
 CONSTRUCTION TO THE EXTENT NOT PAID OR PROVIDED  FOR  FROM  REVENUES  OR
 OTHER  SOURCES, THE COST OF ANY ENVIRONMENTAL, ENGINEERING AND ARCHITEC-
 TURAL INVESTIGATIONS, SURVEYS, PLANS AND  SPECIFICATIONS,  THE  COST  OF
 CONSULTANT  AND LEGAL SERVICES, THE COST OF ANY GUARANTEE OR BOND INSUR-
 ANCE OR ANY OTHER CREDIT SUPPORT DEVICES AND THE COST OF OTHER  EXPENSES
 NECESSARY,  REASONABLY  RELATED OR INCIDENTAL TO THE CONSTRUCTION OF ANY
 SUCH PROJECT AND THE FINANCING OF THE  CONSTRUCTION  THEREOF,  INCLUDING
 S. 8535                             3
 
 THE  AMOUNT  AUTHORIZED IN THE RESOLUTION OF THE AUTHORITY PROVIDING FOR
 THE ISSUANCE OF BONDS TO BE PAID INTO ANY RESERVE OR OTHER SPECIAL  FUND
 FROM THE PROCEEDS OF SUCH BONDS, AND THE FINANCING OF THE PLACING OF ANY
 PROJECT  IN  OPERATION, INCLUDING THE REIMBURSEMENT TO A COUNTY, CITY OR
 OTHER MUNICIPALITY, STATE AGENCY, THE STATE, THE UNITED  STATES  GOVERN-
 MENT,  OR  ANY  OTHER PERSON FOR EXPENDITURES THAT WOULD BE COSTS OF ANY
 PROJECT HEREUNDER HAD THEY BEEN MADE DIRECTLY BY THE  AUTHORITY  OR  THE
 WATER BOARD.
   7.  "EXECUTIVE  DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OR CHIEF EXECU-
 TIVE OFFICER OF THE WATER BOARD, OR ANY OTHER PERSON DULY  APPOINTED  OR
 DELEGATED  TO  PERFORM  SUCH  DUTIES  BY THE GOVERNING BODY OF THE WATER
 BOARD.
   8. "FACILITIES" MEANS ANY OF THE PROPERTIES OF THE  AUTHORITY  OR  THE
 WATER  BOARD  OR  ANY  OTHER  REAL  PROPERTY, PERSONAL OR MIXED PROPERTY
 CONTROLLED, LEASED, OR OPERATED BY THE  AUTHORITY  OR  THE  WATER  BOARD
 WHICH  IS USED OR INTENDED TO BE USED IN THE SYSTEM OR IN FURTHERANCE OF
 THEIR RESPECTIVE CORPORATE PURPOSES.
   9. "GOVERNING BODY" MEANS THE MEMBERS OF THE AUTHORITY  OR  THE  WATER
 BOARD, AS THE CASE MAY BE, CONSTITUTING AND ACTING AS THE GOVERNING BODY
 OF THE AUTHORITY OR THE WATER BOARD, AS THE CASE MAY BE.
   10.  "PERSON"  MEANS  ANY  NATURAL  PERSON,  FIRM,  TRUSTEE, EXECUTOR,
 PERSONAL REPRESENTATIVE, PARTNERSHIP, ASSOCIATION, LIMITED  PARTNERSHIP,
 LIMITED  LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, JOINT VENTURE
 OR CORPORATION, OR OTHER LEGAL ENTITY WHATSOEVER, EXCLUSIVE OF A  PUBLIC
 CORPORATION  AS  DEFINED  PURSUANT  TO  ARTICLE  TWO-A  OF  THE  GENERAL
 CONSTRUCTION LAW.
   11. "PROJECT" MEANS ANY SYSTEM-RELATED FACILITY OR PROPERTIES, INCLUD-
 ING THE ACQUISITION, PLANNING, DEVELOPMENT,  FINANCING  OR  CONSTRUCTION
 THEREOF.
   12. "PROPERTIES" MEANS ANY PART OF THE SYSTEM OR FACILITY OF THE WATER
 BOARD,  WHETHER  SITUATED  WITHIN OR WITHOUT THE TERRITORIAL LIMITS OF A
 COUNTY, CITY, OR OTHER MUNICIPALITY WITHIN  THE  WATER  BOARD'S  SERVICE
 AREA, INCLUDING THE PLANTS, WORKS, STRUCTURES, INSTRUMENTALITIES OR PART
 THEREOF  AND APPURTENANCES THERETO, REAL PROPERTY, OR ANY OTHER PROPERTY
 INCIDENTAL OR APPURTENANT TO AND INCLUDED IN SUCH FACILITY OR FACILITIES
 OR PART THEREOF, AND ANY IMPROVEMENTS, EXTENSIONS AND BETTERMENTS.
   13. "REAL PROPERTY" MEANS LANDS, STRUCTURES,  FRANCHISES,  RIGHTS  AND
 INTERESTS  IN  LAND, AIR SPACE, WATERS, LAND UNDERWATER, RIPARIAN RIGHTS
 AND AIR RIGHTS AND ANY AND ALL THINGS AND RIGHTS  INCLUDED  WITHIN  SAID
 TERM  AND  INCLUDES  NOT  ONLY FEE SIMPLE ABSOLUTE, BUT ALSO ANY AND ALL
 LESSER INTERESTS INCLUDING, BUT NOT LIMITED  TO,  EASEMENTS,  RIGHTS-OF-
 WAY,  USES, LEASES, LICENSES AND ALL OTHER INCORPOREAL HEREDITAMENTS AND
 EVERY ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR
 YEARS AND LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
   14. "REVENUES" MEANS ALL RATES,  FEES,  CHARGES,  PAYMENTS  AND  OTHER
 INCOME  AND  RECEIPTS  DERIVED  FROM THE OPERATION OF THE SYSTEM AND THE
 FACILITIES AND PROPERTIES OF THE WATER BOARD INCLUDING, WITHOUT LIMITING
 THE GENERALITY OF THE FOREGOING, INVESTMENT  PROCEEDS  AND  PROCEEDS  OF
 INSURANCE,  CONDEMNATION,  AND  SALE  OR  OTHER  DISPOSITION  OF ASSETS,
 TOGETHER WITH ALL FEDERAL, STATE OR MUNICIPAL AID.
   15. "SERVICE AREA" MEANS THE  AREA  COMPRISING  THE  ENTIRETY  OF  THE
 UPSTATE  NEW  YORK REGION ON THE DATE ON WHICH THIS TITLE BECOMES EFFEC-
 TIVE.
   16. "STATE" MEANS THE STATE OF NEW YORK.
 S. 8535                             4
 
   17. "STATE AGENCY" MEANS ANY STATE OFFICE, PUBLIC BENEFIT CORPORATION,
 PUBLIC AUTHORITY, DEPARTMENT, BOARD, COMMISSION, BUREAU OR DIVISION,  OR
 OTHER AGENCY OR INSTRUMENTALITY OF THE STATE.
   18.  "STORM  WATER  FACILITY"  MEANS  ANY PLANTS, STRUCTURES AND OTHER
 PROPERTY, REAL, PERSONAL OR MIXED, ACQUIRED, REHABILITATED,  CONSTRUCTED
 OR PLANNED FOR THE PURPOSE OF COLLECTING, CONVEYING, ACCUMULATING, STOR-
 ING,  TRANSMITTING,  DRAINING,  DISCHARGING  OR  TREATING  STORM  WATER,
 INCLUDING, BUT NOT LIMITED TO, ODOR  CONTROL  FACILITIES,  FORCE  MAINS,
 CONDUITS, PIPELINES, INTERCEPTORS, MAINS, PUMPING STATIONS, FLOW METERS,
 SAMPLING STATIONS, PUMPS, TREATMENT PLANTS AND WORKS, OUTFALLS, CONTRACT
 RIGHTS, EASEMENTS, FRANCHISES, APPROACHES, CONNECTIONS, PERMITS, METERS,
 RIGHTS  OF FLOWAGE OR DIVERSION AND OTHER PLANTS, STRUCTURES, EQUIPMENT,
 VEHICLES, CONVEYANCES, REAL OR PERSONAL PROPERTY OR RIGHTS  THEREIN  AND
 APPURTENANCES  THERETO  NECESSARY  OR  USEFUL  AND  CONVENIENT  FOR  THE
 COLLECTION,  CONVEYANCE,  ACCUMULATION,  STORAGE,  DRAINAGE,  DISCHARGE,
 TRANSMISSION, OR TREATMENT OF STORM WATER.
   19.  "SYSTEM"  MEANS  THE ENTIRETY OF ALL WATER, WASTEWATER, AND STORM
 WATER FACILITIES OR PROPERTIES AS DESCRIBED HEREIN.
   20. "UPSTATE NEW YORK REGION" MEANS ALL THAT AREA OF THE STATE EXCLUD-
 ING THE CITY OF NEW YORK, LONG ISLAND, AND THE COUNTIES  OF  WESTCHESTER
 AND ROCKLAND.
   21.  "USER" MEANS ANY PERSON OR EFFLUENT SOURCE THAT DIRECTLY OR INDI-
 RECTLY CONTRIBUTES, CAUSES OR PERMITS THE CONTRIBUTION OF WASTE INTO  OR
 THROUGH  THE  WASTEWATER  OR  STORM  WATER FACILITIES, OR ANY PERSON WHO
 RECEIVES OR USES WATER FROM  THE  WATER  FACILITIES  DESCRIBED  IN  THIS
 TITLE.
   22.  "WASTE" MEANS ANY LIQUID, SOLID OR GASEOUS SUBSTANCE, OR COMBINA-
 TION THEREOF, THAT MAY BE INTRODUCED INTO THE WASTEWATER OR STORM  WATER
 FACILITIES.
   23. "WASTEWATER FACILITY" MEANS ANY PLANTS, STRUCTURES AND OTHER PROP-
 ERTY,  REAL,  PERSONAL OR MIXED, ACQUIRED, REHABILITATED, CONSTRUCTED OR
 PLANNED FOR THE PURPOSE OF COLLECTING, CONVEYING, ACCUMULATING, STORING,
 TRANSMITTING, OR TREATING WASTEWATER, INCLUDING,  BUT  NOT  LIMITED  TO,
 ODOR CONTROL FACILITIES, FORCE MAINS, CONDUITS, PIPELINES, INTERCEPTORS,
 MAINS,  PUMPING  STATIONS, FLOW METERS, SAMPLING STATIONS, PUMPS, PIPING
 SYSTEMS, TREATMENT PLANTS AND WORKS, OUTFALLS,  CONTRACT  RIGHTS,  EASE-
 MENTS,  FRANCHISES,  APPROACHES, CONNECTIONS, PERMITS, METERS, RIGHTS OF
 FLOWAGE OR DIVERSION AND OTHER PLANTS, STRUCTURES, EQUIPMENT,  VEHICLES,
 CONVEYANCES,  REAL  OR  PERSONAL PROPERTY OR RIGHTS THEREIN AND APPURTE-
 NANCES THERETO NECESSARY OR USEFUL AND CONVENIENT  FOR  THE  COLLECTION,
 CONVEYANCE,  ACCUMULATION,  STORAGE,  TRANSPORT,  TREATMENT, DISPOSAL OR
 REUSE OF WASTEWATER.
   24. "WATER BOARD" OR "THE BOARD"  MEANS  THE  CORPORATION  CREATED  BY
 SPECIAL  ACT  OF  THE  STATE  LEGISLATURE  AS PROVIDED IN SECTION TWELVE
 HUNDRED FORTY-D OF THIS TITLE, AND ANY SUBSIDIARIES THEREOF.
   25. "WATER FACILITY" OR "WATER FACILITIES" MEANS  ANY  PLANTS,  STRUC-
 TURES  AND  OTHER PROPERTY, REAL, PERSONAL OR MIXED, ACQUIRED, REHABILI-
 TATED, CONSTRUCTED OR PLANNED FOR THE PURPOSE OF ACCUMULATING,  STORING,
 SUPPLYING,  TRANSMITTING, TREATING OR DISTRIBUTING WATER, INCLUDING, BUT
 NOT LIMITED TO, SURFACE OR GROUNDWATER RESERVOIRS, BASINS, DAMS, CANALS,
 AQUEDUCTS, AQUEDUCT TAPS, STANDPIPES, CONDUITS, PIPELINES, INTERCEPTORS,
 MAINS, PUMPING STATIONS, PUMPS, WATER DISTRIBUTION SYSTEMS, COMPENSATING
 RESERVOIRS, INTAKE STATIONS, WATERWORKS  OR  SOURCES  OF  WATER  SUPPLY,
 WELLS,  PURIFICATION  OR FILTRATION PLANTS OR OTHER TREATMENT PLANTS AND
 WORKS, CONTRACT RIGHTS, FRANCHISES,  APPROACHES,  CONNECTIONS,  PERMITS,
 WATER  METERS,  RIGHTS  OF FLOWAGE OR DIVERSION AND OTHER PLANTS, STRUC-
 S. 8535                             5
 
 TURES, EQUIPMENT, VEHICLES, CONVEYANCES, REAL OR  PERSONAL  PROPERTY  OR
 RIGHTS THEREIN AND APPURTENANCES THERETO NECESSARY OR USEFUL AND CONVEN-
 IENT  FOR  THE ACCUMULATION, SUPPLY, TRANSMISSION, STORAGE, TREATMENT OR
 DISTRIBUTION OF WATER.
   §  1240-C. NEW  YORK  WATER  AUTHORITY.  1. A PUBLIC CORPORATION TO BE
 KNOWN AS THE "NEW YORK WATER AUTHORITY" IS HEREBY CREATED FOR THE PUBLIC
 PURPOSES AND CHARGED WITH THE DUTIES AND HAVING THE POWERS  PROVIDED  IN
 THIS  TITLE. THE AUTHORITY SHALL BE A BODY CORPORATE AND POLITIC CONSTI-
 TUTING A PUBLIC BENEFIT CORPORATION.
   2. THE GOVERNING BODY OF THE AUTHORITY SHALL CONSIST  OF  A  TOTAL  OF
 THREE  MEMBERS,  ONE OF WHICH IS TO BE APPOINTED BY THE GOVERNOR, ONE TO
 BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE AT THE RECOMMENDA-
 TION OF THE SENATORS REPRESENTING  PORTIONS  OF  THE  UPSTATE  NEW  YORK
 REGION,  AND  ONE  TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY AT THE
 RECOMMENDATION OF THE ASSEMBLY  MEMBERS  REPRESENTING  PORTIONS  OF  THE
 UPSTATE  NEW YORK REGION. AT ALL TIMES, ALL THREE MEMBERS SHALL BE RESI-
 DENTS OF THE UPSTATE NEW YORK REGION. THE MEMBER TO BE APPOINTED BY  THE
 GOVERNOR  SHALL  BE  APPOINTED  FOR  A TERM OF OFFICE ENDING ON DECEMBER
 THIRTY-FIRST OF THE THIRD YEAR FOLLOWING THE YEAR IN  WHICH  THIS  TITLE
 SHALL  HAVE  BECOME  A  LAW, THE MEMBER TO BE APPOINTED BY THE TEMPORARY
 PRESIDENT OF THE SENATE SHALL BE APPOINTED FOR  A  TERM  ENDING  ON  THE
 THIRTY-FIRST  DAY  OF  DECEMBER OF THE FOURTH YEAR FOLLOWING THE YEAR IN
 WHICH THIS TITLE SHALL HAVE BECOME A LAW, AND THE MEMBER TO BE APPOINTED
 BY THE SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED FOR A TERM  ENDING  ON
 THE THIRTY-FIRST DAY OF DECEMBER OF THE FIFTH YEAR FOLLOWING THE YEAR IN
 WHICH  THIS  TITLE  SHALL  HAVE BECOME A LAW. SUBSEQUENT APPOINTMENTS OF
 MEMBERS SHALL BE MADE FOR A TERM OF THREE YEARS ENDING IN EACH  CASE  ON
 DECEMBER  THIRTY-FIRST  OF THE LAST YEAR OF SUCH TERM. ALL MEMBERS SHALL
 CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSORS ARE APPOINTED AND  QUALI-
 FY.    ALL MEMBERS SHALL HOLD, AT A MINIMUM, A BACHELOR'S DEGREE FROM AN
 ACCREDITED COLLEGE OR UNIVERSITY, WITH CONCENTRATION OR DEGREE IN ONE OF
 THE FOLLOWING AREAS OF STUDY AND AT LEAST  FIVE  YEARS  OF  PROFESSIONAL
 EXPERIENCE  THEREIN,  OR  WITHOUT SUCH DEGREE, SUCH MEMBER SHALL HAVE AT
 LEAST TEN YEARS OF PROFESSIONAL  EXPERIENCE  IN  ONE  OF  THE  FOLLOWING
 FIELDS:  LEGAL, ENVIRONMENTAL, FINANCIAL, MANAGEMENT, ENGINEERING, HUMAN
 RESOURCES, OR SCIENCE. VACANCIES SHALL BE FILLED IN THE MANNER  PROVIDED
 FOR  ORIGINAL APPOINTMENT. VACANCIES, OCCURRING OTHER THAN BY EXPIRATION
 OF TERM OF OFFICE, SHALL BE FILLED  BY  APPOINTMENT  FOR  THE  UNEXPIRED
 TERMS.  MEMBERS MAY BE REMOVED FROM OFFICE ONLY FOR THE SAME REASONS AND
 IN THE SAME MANNER AS PROVIDED BY SECTION TWENTY-EIGHT  HUNDRED  TWENTY-
 SEVEN OF THIS CHAPTER. EACH MEMBER SHALL ATTEND, IN EACH FISCAL YEAR, AT
 LEAST  SEVENTY-FIVE  PERCENT  OF ALL MEETINGS OF THE GOVERNING BODY. ANY
 MEMBER WHO CEASES TO BE A RESIDENT OF THE UPSTATE NEW YORK REGION  SHALL
 FORFEIT  HIS  OR HER MEMBERSHIP ON THE GOVERNING BODY UPON SUCH MEMBER'S
 TERMINATION OF RESIDENCE IN THE UPSTATE NEW YORK REGION,  WHICH  FORFEI-
 TURE  SHALL CREATE A VACANCY. THE MEMBERS OF THE AUTHORITY SHALL RECEIVE
 NO COMPENSATION FOR THEIR SERVICES BUT SHALL  BE  REIMBURSED  FOR  THEIR
 ACTUAL,  NECESSARY EXPENSES INCURRED IN CONNECTION WITH THE CARRYING OUT
 OF THE PURPOSES OF THIS TITLE; PROVIDED, HOWEVER, THAT NO  MEMBER  SHALL
 BE  REIMBURSED  FOR ANY EXPENSE OF ATTENDING ORDINARY AUTHORITY MEETINGS
 OR ANY OTHER  EXPENSE  EXCEEDING  ONE  THOUSAND  DOLLARS  INCURRED  WITH
 RESPECT  TO ANY INDIVIDUAL PURPOSE, UNLESS THE GOVERNING BODY AT A MEET-
 ING DULY CALLED AND HELD WHEN ALL THREE MEMBERS ARE PRESENT  SHALL  HAVE
 AUTHORIZED  SUCH EXPENDITURE BY SUCH MEMBER. THE POWERS OF THE AUTHORITY
 SHALL BE VESTED IN AND BE EXERCISED BY THE GOVERNING BODY AT  A  MEETING
 DULY CALLED AND HELD WHERE A QUORUM OF AT LEAST TWO MEMBERS ARE PRESENT.
 S. 8535                             6
 
 ANY ONE OR MORE MEMBERS OF THE AUTHORITY MAY PARTICIPATE IN A MEETING OF
 SUCH  AUTHORITY BY MEANS OF A CONFERENCE TELEPHONE, VIDEO TELECONFERENC-
 ING, OR SIMILAR COMMUNICATIONS EQUIPMENT ALLOWING  ALL  PERSONS  PARTIC-
 IPATING  IN  THE  MEETING TO HEAR OR SEE AND HEAR EACH OTHER AT THE SAME
 TIME. PARTICIPATION BY SUCH MEANS SHALL CONSTITUTE PRESENCE IN PERSON AT
 A MEETING. THE VOTE OF A MAJORITY OF THE MEMBERS PRESENT AT THE TIME  OF
 THE  VOTE,  IF A QUORUM IS PRESENT AT SUCH TIME, SHALL BE THE ACT OF THE
 AUTHORITY. NO ACTION SHALL BE TAKEN EXCEPT  PURSUANT  TO  THE  FAVORABLE
 VOTE  OF  AT LEAST TWO VOTING MEMBERS. ALL VOTES SHALL BE MADE IN PERSON
 AT A MEETING AND NO VOTE MAY BE MADE BY PROXY. THE  GOVERNING  BODY  MAY
 DELEGATE  TO ONE OR MORE OF ITS MEMBERS, OFFICERS, OR AGENTS SUCH POWERS
 AND DUTIES AS IT MAY DEEM PROPER.
   3. THE OFFICERS OF THE AUTHORITY SHALL CONSIST OF  A  CHAIR,  A  VICE-
 CHAIR,  A  TREASURER,  AND A SECRETARY. SUCH SECRETARY OR TREASURER NEED
 NOT BE A MEMBER OF THE AUTHORITY. SUCH OFFICERS SHALL  BE  APPOINTED  BY
 THE GOVERNING BODY AND SHALL SERVE IN SUCH CAPACITIES AT THE PLEASURE OF
 THE  GOVERNING  BODY.  IN  ADDITION  TO  THE TREASURER OR SECRETARY, THE
 GOVERNING BODY MAY APPOINT AND AT PLEASURE REMOVE SUCH ADDITIONAL  OFFI-
 CERS AS IT MAY DETERMINE NECESSARY FOR THE PERFORMANCE OF THE POWERS AND
 DUTIES  OF  THE AUTHORITY. THE GOVERNING BODY MAY ALSO FROM TIME TO TIME
 CONTRACT FOR EXPERT PROFESSIONAL SERVICES. THE TREASURER SHALL EXECUTE A
 BOND, CONDITIONED UPON THE FAITHFUL PERFORMANCE OF THE DUTIES OF HIS  OR
 HER OFFICE. THE AMOUNT AND SUFFICIENCY OF SUCH BOND SHALL BE APPROVED BY
 THE GOVERNING BODY AND THE PREMIUM THEREFOR SHALL BE PAID BY THE AUTHOR-
 ITY.
   4.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
 OR LOCAL LAW, ORDINANCE, RESOLUTION OR CHARTER, NO  OFFICER,  MEMBER  OR
 EMPLOYEE  OF  THE  STATE, ANY COUNTY, CITY OR OTHER MUNICIPALITY, OR ANY
 STATE AGENCY, SHALL FORFEIT HIS OR HER OFFICE OR EMPLOYMENT OR ANY BENE-
 FITS PROVIDED UNDER THE RETIREMENT AND SOCIAL SECURITY LAW BY REASON  OF
 HIS  OR  HER  ACCEPTANCE OF APPOINTMENT AS A MEMBER, OFFICER OR AGENT OF
 THE AUTHORITY, NOR SHALL SERVICE AS SUCH MEMBER,  OFFICER  OR  AGENT  BE
 DEEMED  INCOMPATIBLE  OR  IN  CONFLICT  WITH  SUCH OFFICE, MEMBERSHIP OR
 EMPLOYMENT.
   5. (A) THE GOVERNOR OR THE  GOVERNOR'S  APPOINTEE  SHALL  FILE  ON  OR
 BEFORE  DECEMBER  THIRTY-FIRST  OF  THE YEAR FOLLOWING THE YEAR IN WHICH
 THIS TITLE SHALL HAVE BECOME A LAW, IN THE OFFICE OF  THE  SECRETARY  OF
 STATE,  A CERTIFICATE SIGNED BY THE GOVERNOR SETTING FORTH: (I) THE NAME
 OF THE AUTHORITY; (II) THE NAMES OF THE MEMBERS APPOINTED BY THE  GOVER-
 NOR; AND (III) THE EFFECTIVE DATE OF THE SPECIAL ACT OF THE STATE LEGIS-
 LATURE CREATING THE AUTHORITY. IF SUCH CERTIFICATE IS NOT FILED WITH THE
 SECRETARY  OF STATE ON OR BEFORE SUCH DATE, THEN THE CORPORATE EXISTENCE
 OF THE AUTHORITY SHALL THEREUPON TERMINATE AND  IT  SHALL  THEREUPON  BE
 DEEMED TO BE AND SHALL BE DISSOLVED.
   (B)  THE  AUTHORITY  AND  ITS CORPORATE EXISTENCE SHALL CONTINUE UNTIL
 TERMINATED BY LAW, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE EFFECT
 SO LONG AS THE AUTHORITY SHALL HAVE BONDS OR OTHER OBLIGATIONS OUTSTAND-
 ING, UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE PAYMENT  OR  SATIS-
 FACTION  THEREOF,  OR  SO LONG AS THE WATER BOARD SHALL HAVE CONTRACTUAL
 DUTIES OR OBLIGATIONS OUTSTANDING UNLESS  ADEQUATE  PROVISION  HAS  BEEN
 MADE  FOR THE SATISFACTION THEREOF. UPON TERMINATION OF THE EXISTENCE OF
 THE AUTHORITY, ALL OF THE RIGHTS,  OBLIGATIONS  AND  PROPERTIES  OF  THE
 AUTHORITY  THEN  REMAINING SHALL PASS TO AND VEST TO THE STATE, WITH THE
 STATE'S CONSENT, AND, IF THE AUTHORITY ACQUIRED  SUCH  PROPERTY  FROM  A
 COUNTY,  CITY  OR  OTHER MUNICIPALITY, WITH SUCH COUNTY, CITY OR MUNICI-
 PALITY'S CONSENT, UNLESS OTHERWISE PROVIDED IN AN AGREEMENT BETWEEN SUCH
 S. 8535                             7
 
 COUNTY, CITY OR MUNICIPALITY AND THE AUTHORITY, AND EXCEPT AS  OTHERWISE
 MAY BE SPECIFIED BY LAW.
   6.  IT  IS  HEREBY  DETERMINED AND DECLARED THAT THE AUTHORITY AND THE
 CARRYING OUT OF ITS POWERS AND DUTIES ARE IN ALL RESPECTS FOR THE  BENE-
 FIT  OF  THE PEOPLE OF THE UPSTATE NEW YORK REGION AND THE STATE FOR THE
 IMPROVEMENT OF THEIR  HEALTH,  WELFARE  AND  PROSPERITY  AND  THAT  SUCH
 PURPOSES  ARE  PUBLIC  PURPOSES  AND  THAT THE AUTHORITY IS AND SHALL BE
 PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN  THE  EXERCISE  OF  THE
 POWERS CONFERRED UPON IT BY THIS TITLE.
   7.  NOTHING  IN THIS TITLE SHALL BE CONSTRUED TO OBLIGATE THE STATE IN
 ANY WAY IN CONNECTION WITH THE OPERATIONS OR OBLIGATIONS OF THE AUTHORI-
 TY.
   § 1240-D. GENERAL POWERS OF THE AUTHORITY. THE  AUTHORITY  SHALL  HAVE
 THE POWER:
   1. TO SUE AND BE SUED.
   2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE.
   3. TO BORROW MONEY AND ISSUE BONDS OR OTHER OBLIGATIONS FOR ITS CORPO-
 RATE PURPOSES AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF.
   4. TO ENTER INTO CONTRACTS AND TO EXECUTE ALL INSTRUMENTS NECESSARY OR
 CONVENIENT  OR  DESIRABLE FOR THE PURPOSES OF THE AUTHORITY TO CARRY OUT
 ANY POWERS EXPRESSLY GIVEN TO IT IN THIS TITLE.
   5. TO ENTER INTO AGREEMENTS WITH THE WATER BOARD, ANY COUNTY, CITY  OR
 OTHER MUNICIPALITY IN THE STATE, THE STATE, AND ANY OTHER PERSON FOR THE
 FINANCING BY THE AUTHORITY OF PROJECTS AS PROVIDED IN THIS TITLE.
   6. TO ACQUIRE BY PURCHASE, GIFT, GRANT, TRANSFER, CONTRACT OR LEASE OR
 BY  CONDEMNATION  PURSUANT TO THE EMINENT DOMAIN PROCEDURE LAW, LEASE AS
 LESSEE, HOLD, AND USE ANY PROPERTY,  REAL,  PERSONAL  OR  MIXED  OR  ANY
 INTEREST  THEREIN,  AS  THE  AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR
 DESIRABLE TO CARRY OUT THE PURPOSE OF THIS TITLE, PROVIDED, HOWEVER, THE
 AUTHORITY SHALL NOT HAVE THE POWER TO  CONDEMN  PROPERTY  OF  THE  WATER
 BOARD, A COUNTY, CITY OR OTHER MUNICIPALITY, OR THE STATE.
   7.  TO APPLY TO THE APPROPRIATE AGENCIES AND OFFICIALS OF THE FEDERAL,
 STATE AND LOCAL GOVERNMENTS, OR ANY COUNTY, CITY OR OTHER  MUNICIPALITY,
 FOR  SUCH  LICENSES, PERMITS OR APPROVALS OF ITS PLANS OR PROJECTS AS IT
 MAY DEEM NECESSARY OR ADVISABLE, AND UPON SUCH TERMS AND  CONDITIONS  AS
 IT  MAY  DEEM  APPROPRIATE,  AND  TO  ACCEPT,  IN  ITS  DISCRETION, SUCH
 LICENSES, PERMITS OR APPROVALS AS MAY BE TENDERED TO IT BY SUCH AGENCIES
 AND OFFICIALS.
   8. TO APPOINT SUCH OFFICERS AND AGENTS AS  MAY  BE  REQUIRED  FOR  THE
 PERFORMANCE  OF  ITS  DUTIES, TO FIX AND DETERMINE THEIR QUALIFICATIONS,
 DUTIES AND COMPENSATION, SUBJECT TO THE PROVISIONS OF THE CIVIL  SERVICE
 LAW,  AND  TO  RETAIN  OR  EMPLOY  COUNSEL, AUDITORS, ENGINEERS, PRIVATE
 CONSULTANTS AND OTHER INDEPENDENT CONTRACTORS ON A CONTRACTUAL OR OTHER-
 WISE FOR RENDERING MANAGEMENT, PROFESSIONAL OR  TECHNICAL  SERVICES  AND
 ADVICE.
   9.  TO  MAKE  PLANS AND STUDIES NECESSARY, CONVENIENT OR DESIRABLE FOR
 THE EFFECTUATION OF THE PURPOSES AND POWERS  OF  THE  AUTHORITY  AND  TO
 PREPARE RECOMMENDATIONS IN REGARD THERETO.
   10.  TO  MAKE  USE OF EXISTING STUDIES, SURVEYS, PLANS, DATA AND OTHER
 MATERIAL IN THE POSSESSION OF ANY STATE  AGENCY,  ANY  COUNTY,  CITY  OR
 OTHER  MUNICIPALITY,  ANY  PERSON,  OR THE WATER BOARD IN ORDER TO AVOID
 DUPLICATION OF EFFORT.
   11. TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
 THE AUTHORITY SHALL BE NECESSARY FOR  THE  PURPOSE  OF  MAKING  SURVEYS,
 SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOMPLISH ANY PURPOSE AUTHORIZED
 BY THIS TITLE, THE AUTHORITY BEING LIABLE ONLY FOR ACTUAL DAMAGE DONE.
 S. 8535                             8
 
   12.  TO  APPLY  FOR AND TO ACCEPT ANY GIFTS, GRANTS, LOANS OF FUNDS OR
 PROPERTY, OR FINANCIAL OR OTHER AID,  IN  ANY  FORM,  FROM  THE  FEDERAL
 GOVERNMENT  OR  ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM THE STATE
 OR ANY AGENCY OR INSTRUMENTALITY THEREOF OR FROM ANY OTHER  SOURCE,  FOR
 ANY  OR  ALL  OF  THE  PURPOSES  SPECIFIED IN THIS TITLE, AND TO COMPLY,
 SUBJECT TO THE PROVISIONS OF THIS TITLE, WITH THE TERMS  AND  CONDITIONS
 THEREOF.
   13.  TO MAKE AND AMEND BY-LAWS FOR ITS ORGANIZATION AND MANAGEMENT AND
 REGULATION OF ITS AFFAIRS AND RULES AND REGULATIONS GOVERNING THE  EXER-
 CISE OF ITS POWERS AND THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE.
 A COPY OF SUCH RULES, REGULATIONS AND BY-LAWS, AND ALL AMENDMENTS THERE-
 TO, DULY CERTIFIED BY THE SECRETARY OF THE AUTHORITY SHALL BE FILED WITH
 THE SECRETARY OF THE WATER BOARD.
   14.  TO  ENTER  INTO  COOPERATIVE AGREEMENTS WITH THE STATE, ANY STATE
 AGENCY, ANY COUNTY, CITY OR OTHER MUNICIPALITY, UTILITY COMPANIES, INDI-
 VIDUALS, OR CORPORATIONS, WITHIN OR WITHOUT THE SERVICE  AREA,  FOR  ANY
 LAWFUL  PURPOSES  NECESSARY  OR DESIRABLE TO EFFECT THE PURPOSES OF THIS
 TITLE UPON SUCH TERMS AND  CONDITIONS  AS  SHALL  BE  DETERMINED  TO  BE
 REASONABLE.
   15.  WITH THE CONSENT OF THE CHIEF EXECUTIVE OFFICER OF A COUNTY, CITY
 OR OTHER MUNICIPALITY WITHIN THE  SERVICE  AREA,  TO  USE  OFFICERS  AND
 EMPLOYEES  OF  SUCH  COUNTY,  CITY  OR  MUNICIPALITY AND TO PAY A PROPER
 PORTION OF COMPENSATION OR  COSTS  FOR  THE  SERVICES  RENDERED  TO  THE
 AUTHORITY BY SUCH OFFICERS OR EMPLOYEES.
   16.  TO  DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO CARRY OUT
 ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED  IN  THIS  TITLE
 PROVIDED  THAT THE AUTHORITY SHALL NOT HAVE POWER, WITHIN A COUNTY, CITY
 OR OTHER MUNICIPALITY IN THE SERVICE AREA, TO COLLECT RENTALS,  CHARGES,
 RATES OR FEES FROM THE OWNERS OF REAL PROPERTY, OR THE OCCUPANTS OF REAL
 PROPERTY  (OTHER  THAN  THE OCCUPANTS OF PREMISES OWNED OR CONTROLLED BY
 THE AUTHORITY), FOR SERVICES OR  FACILITIES  FURNISHED  OR  SUPPLIED  IN
 CONNECTION  WITH  SUCH REAL PROPERTY, IF SUCH SERVICES OR FACILITIES ARE
 OF A CHARACTER OR NATURE THEN OR FORMERLY FURNISHED OR SUPPLIED BY  SUCH
 COUNTY, CITY OR MUNICIPALITY.
   § 1240-E.  NEW YORK WATER AUTHORITY ADVISORY BOARD.  1. THERE IS HERE-
 BY  CREATED  A  NEW YORK WATER AUTHORITY ADVISORY BOARD, CONSISTING OF A
 REPRESENTATIVE FROM THE NEW YORK STATE ASSOCIATION OF COUNTIES, A REPRE-
 SENTATIVE FROM THE NEW YORK CONFERENCE OF MAYORS, A REPRESENTATIVE  FROM
 THE  NEW  YORK  STATE ASSOCIATION OF TOWNS, AT LEAST ONE MEMBER WHO IS A
 REPRESENTATIVE OF A LABOR UNION, AT LEAST ONE  MEMBER  WHO  IS  A  CIVIL
 ENGINEER,  AT  LEAST  ONE  MEMBER  WHO  IS A SOIL AND WATER CONSERVATION
 PROFESSIONAL, AND AT LEAST ONE MEMBER WHO IS AN ENVIRONMENTAL  OR  CLEAN
 WATER  ADVOCATE.    ONE MEMBER   SHALL BE APPOINTED FOR A TERM ENDING ON
 DECEMBER THIRTY-FIRST OF THE FIRST YEAR FOLLOWING THE YEAR IN WHICH THIS
 TITLE SHALL HAVE BECOME A LAW; THREE MEMBERS SHALL BE  APPOINTED  FOR  A
 TERM  ENDING  ON  DECEMBER THIRTY-FIRST OF THE SECOND YEAR FOLLOWING THE
 YEAR IN WHICH THIS TITLE SHALL HAVE BECOME  A  LAW;  AND  THREE  MEMBERS
 SHALL  BE  APPOINTED  FOR  A TERM ENDING ON DECEMBER THIRTY-FIRST OF THE
 THIRD YEAR FOLLOWING THE YEAR IN WHICH THIS TITLE SHALL  HAVE  BECOME  A
 LAW.  SUBSEQUENT  APPOINTMENTS  OF  MEMBERS  SHALL BE MADE FOR A TERM OF
 THREE YEARS ENDING IN EACH CASE ON DECEMBER  THIRTY-FIRST  OF  THE  LAST
 YEAR  OF SUCH TERM.    NO MEMBER SHALL BE A MEMBER OF THE GOVERNING BODY
 OF THE AUTHORITY.  THE MEMBER WHOSE INITIAL TERM ENDS  DECEMBER  THIRTY-
 FIRST  OF  THE  FIRST  YEAR FOLLOWING THE YEAR IN WHICH THIS TITLE SHALL
 HAVE BECOME A LAW SHALL BE THE INITIAL CHAIRPERSON OF THE BOARD AND  THE
 S. 8535                             9
 
 MEMBERS  SHALL DESIGNATE A CHAIRPERSON FROM AMONGST THE MEMBERS UPON THE
 EXPIRATION OF SUCH INITIAL TERM.
   2.    THE  NEW YORK WATER AUTHORITY ADVISORY BOARD SHALL MEET AT LEAST
 TWICE EVERY CALENDAR YEAR.
   3. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE,  AND
 ANNUALLY  THEREAFTER,  THE NEW YORK WATER AUTHORITY ADVISORY BOARD SHALL
 SUBMIT A REPORT ON ITS RECOMMENDATIONS TO THE  WATER  BOARD  ESTABLISHED
 PURSUANT TO SECTION TWELVE HUNDRED FORTY-F OF THIS TITLE.
   4.  MEMBERS OF THE NEW YORK WATER AUTHORITY ADVISORY BOARD SHALL SERVE
 WITHOUT COMPENSATION, BUT SHALL BE REIMBURSED  FOR  EXPENSES  REASONABLY
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   §  1240-F. WATER BOARD. 1. A WATER BOARD, TO BE KNOWN AS THE "NEW YORK
 WATER BOARD", MAY BE CREATED BY A SPECIAL ACT OF THE  STATE  LEGISLATURE
 AS  A  BODY  CORPORATE  AND  POLITIC, CONSTITUTING A CORPORATE MUNICIPAL
 INSTRUMENTALITY OF THE  STATE  AND  HAVING  THE  POWERS  AND  DUTIES  AS
 PROVIDED IN THIS TITLE.
   2.  THE  GOVERNING BODY OF THE WATER BOARD SHALL CONSIST OF A TOTAL OF
 FIVE MEMBERS, TO BE APPOINTED AND TO SERVE AS FOLLOWS: ONE MEMBER  SHALL
 BE  APPOINTED  BY  THE  GOVERNOR,  TWO MEMBERS SHALL BE APPOINTED BY THE
 TEMPORARY PRESIDENT OF THE SENATE AT THE RECOMMENDATION OF THE  SENATORS
 REPRESENTING  PORTIONS  OF  THE UPSTATE NEW YORK REGION, AND TWO MEMBERS
 SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY AT THE  RECOMMENDATION
 OF  THE  ASSEMBLY  MEMBERS REPRESENTING PORTIONS OF THE UPSTATE NEW YORK
 REGION. THE MEMBERS SHALL BE RESIDENTS OF THE UPSTATE NEW  YORK  REGION.
 WHEN  A VACANCY OCCURS, THE APPOINTMENT TO FILL SUCH VACANCY SHALL BE AN
 UPSTATE NEW YORK REGION RESIDENT. EACH  MEMBER  SHALL  ATTEND,  IN  EACH
 FISCAL  YEAR,  AT  LEAST  SEVENTY-FIVE  PERCENT  OF  ALL MEETINGS OF THE
 GOVERNING BODY. FAILURE BY ANY PARTY TO APPOINT  ANY  MEMBER  SHALL  NOT
 INVALIDATE  THE  CREATION  OR ESTABLISHMENT OF THE WATER BOARD AND SHALL
 RESULT IN THE CREATION OF A VACANCY ON THE GOVERNING BODY OF  THE  WATER
 BOARD  WHICH  MAY  BE  FILLED  AT  ANY  TIME  BY  SUCH PARTY. THE MEMBER
 APPOINTED BY THE GOVERNOR SHALL BE APPOINTED FOR A TERM ENDING ON DECEM-
 BER THIRTY-FIRST OF THE FIRST YEAR FOLLOWING  THE  YEAR  IN  WHICH  THIS
 TITLE  SHALL  HAVE  BECOME  A  LAW;  ONE OF THE MEMBERS APPOINTED BY THE
 TEMPORARY PRESIDENT OF THE SENATE SHALL BE APPOINTED FOR A  TERM  ENDING
 ON  DECEMBER THIRTY-FIRST OF THE SECOND YEAR FOLLOWING THE YEAR IN WHICH
 THIS TITLE SHALL HAVE BECOME A LAW; ONE OF THE MEMBERS APPOINTED BY  THE
 SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED FOR A TERM ENDING ON DECEMBER
 THIRTY-FIRST  OF  THE  THIRD YEAR FOLLOWING THE YEAR IN WHICH THIS TITLE
 SHALL HAVE BECOME A LAW; THE REMAINING MEMBER APPOINTED BY THE TEMPORARY
 PRESIDENT OF THE SENATE SHALL BE APPOINTED FOR A TERM ENDING ON DECEMBER
 THIRTY-FIRST OF THE FOURTH YEAR FOLLOWING THE YEAR IN WHICH  THIS  TITLE
 SHALL  HAVE  BECOME  A  LAW;  AND  THE REMAINING MEMBER APPOINTED BY THE
 SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED FOR A TERM ENDING ON DECEMBER
 THIRTY-FIRST OF THE FIFTH YEAR FOLLOWING THE YEAR IN  WHICH  THIS  TITLE
 SHALL  HAVE  BECOME  A  LAW. SUBSEQUENT APPOINTMENTS OF MEMBERS SHALL BE
 MADE FOR A TERM OF THREE YEARS ENDING IN EACH CASE ON  DECEMBER  THIRTY-
 FIRST  OF THE LAST YEAR OF SUCH TERM. NO MEMBER SHALL BE A MEMBER OF THE
 GOVERNING BODY OF THE AUTHORITY. ALL  MEMBERS  SHALL  CONTINUE  TO  HOLD
 OFFICE  UNTIL  THEIR  SUCCESSORS  ARE APPOINTED AND QUALIFY. ALL MEMBERS
 SHALL HOLD, AT A MINIMUM, A BACHELOR'S DEGREE FROM AN ACCREDITED COLLEGE
 OR UNIVERSITY, WITH A CONCENTRATION OR DEGREE IN ONE  OF  THE  FOLLOWING
 AREAS OF STUDY AND AT LEAST FIVE YEARS OF PROFESSIONAL EXPERIENCE THERE-
 IN, OR WITHOUT SUCH DEGREE, SUCH MEMBER SHALL HAVE AT LEAST TEN YEARS OF
 PROFESSIONAL  EXPERIENCE IN ONE OF THE FOLLOWING FIELDS: LEGAL, ENVIRON-
 MENTAL, FINANCIAL, MANAGEMENT, ENGINEERING, HUMAN RESOURCES, OR SCIENCE.
 S. 8535                            10
 
 VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR  ORIGINAL  APPOINT-
 MENT.  VACANCIES,  OCCURRING  OTHERWISE  THAN  BY  EXPIRATION OF TERM OF
 OFFICE, SHALL BE FILLED BY APPOINTMENT FOR THE UNEXPIRED TERMS.  MEMBERS
 MAY  BE  REMOVED  FROM  OFFICE ONLY FOR THE SAME REASONS AND IN THE SAME
 MANNER AS PROVIDED BY SECTION TWENTY-EIGHT HUNDRED TWENTY-SEVEN OF  THIS
 CHAPTER. ANY MEMBER SHALL FORFEIT HIS OR HER MEMBERSHIP ON THE GOVERNING
 BODY UPON SUCH MEMBER'S TERMINATION OF RESIDENCE IN THE UPSTATE NEW YORK
 REGION,  WHICH  FORFEITURE  SHALL  CREATE  A VACANCY. THE MEMBERS OF THE
 WATER BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES  BUT  SHALL
 BE  REIMBURSED  FOR  THEIR  ACTUAL  AND  NECESSARY  EXPENSES INCURRED IN
 CONNECTION WITH  THE  CARRYING  OUT  OF  THE  PURPOSES  OF  THIS  TITLE;
 PROVIDED, HOWEVER, THAT NO MEMBER SHALL BE REIMBURSED FOR ANY EXPENSE OF
 ATTENDING  ORDINARY  BOARD  MEETINGS  OR ANY OTHER EXPENSE EXCEEDING ONE
 THOUSAND DOLLARS INCURRED WITH RESPECT TO ANY INDIVIDUAL PURPOSE, UNLESS
 THE GOVERNING BODY AT A MEETING DULY CALLED AND HELD WHEN THREE  MEMBERS
 ARE  PRESENT  SHALL HAVE AUTHORIZED SUCH EXPENDITURE BY SUCH MEMBER. THE
 POWERS OF THE WATER BOARD SHALL BE VESTED IN AND  BE  EXERCISED  BY  THE
 GOVERNING BODY AT A MEETING DULY CALLED AND HELD WHERE A QUORUM OF THREE
 MEMBERS  ARE  PRESENT.  ANY  ONE  OR MORE MEMBERS OF THE WATER BOARD MAY
 PARTICIPATE IN A MEETING OF SUCH WATER BOARD BY MEANS  OF  A  CONFERENCE
 TELEPHONE,  VIDEO  TELECONFERENCE,  OR  SIMILAR COMMUNICATIONS EQUIPMENT
 ALLOWING ALL PERSONS PARTICIPATING IN THE MEETING TO  HEAR  OR  SEE  AND
 HEAR  EACH  OTHER  AT  THE  SAME TIME. PARTICIPATION BY SUCH MEANS SHALL
 CONSTITUTE PRESENCE IN PERSON AT A MEETING. NO  ACTION  SHALL  BE  TAKEN
 EXCEPT  PURSUANT TO THE FAVORABLE VOTE OF AT LEAST THREE VOTING MEMBERS.
 ALL VOTES MUST BE MADE IN PERSON AT A MEETING AND NO VOTE MAY BE MADE BY
 PROXY. THE GOVERNING BODY MAY DELEGATE TO ONE OR MORE  OF  ITS  MEMBERS,
 OFFICERS,  AGENTS  OR  EMPLOYEES  SUCH  POWERS AND DUTIES AS IT MAY DEEM
 PROPER.
   3. THE OFFICERS OF THE WATER BOARD SHALL CONSIST OF A  CHAIRPERSON,  A
 VICE-CHAIRPERSON  AND  A  TREASURER,  WHO  SHALL BE MEMBERS OF THE WATER
 BOARD, AND A SECRETARY, WHO NEED NOT BE A MEMBER  OF  THE  WATER  BOARD.
 SUCH  OFFICERS  SHALL BE APPOINTED BY THE GOVERNING BODY AND SHALL SERVE
 IN SUCH CAPACITIES AT THE PLEASURE OF THE GOVERNING BODY. IN ADDITION TO
 THE SECRETARY, THE GOVERNING BODY MAY APPOINT  AND  AT  PLEASURE  REMOVE
 SUCH  ADDITIONAL OFFICERS AND EMPLOYEES AS IT MAY DETERMINE NECESSARY OR
 APPROPRIATE FOR THE PERFORMANCE OF THE POWERS AND DUTIES  OF  THE  WATER
 BOARD,  AND  FIX  AND DETERMINE THEIR QUALIFICATIONS, DUTIES AND COMPEN-
 SATION, SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW. THE  GOVERN-
 ING  BODY  MAY  ALSO  FROM TIME TO TIME CONTRACT FOR EXPERT PROFESSIONAL
 SERVICES. THE TREASURER SHALL  EXECUTE  A  BOND,  CONDITIONED  UPON  THE
 FAITHFUL  PERFORMANCE OF THE DUTIES OF HIS OR HER OFFICE. THE AMOUNT AND
 SUFFICIENCY OF SUCH BOND SHALL BE APPROVED BY THE GOVERNING BODY AND THE
 PREMIUM THEREFOR SHALL BE PAID BY THE WATER BOARD.
   4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL,  SPECIAL
 OR  LOCAL  LAW,  ORDINANCE, RESOLUTION OR CHARTER, NO OFFICER, MEMBER OR
 EMPLOYEE OF THE STATE, A COUNTY,  CITY  OR  OTHER  MUNICIPALITY  IN  THE
 STATE,  OR  ANY STATE AGENCY, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL
 FORFEIT HIS OR HER OFFICE OR EMPLOYMENT OR ANY BENEFITS  PROVIDED  UNDER
 THE  RETIREMENT  AND SOCIAL SECURITY LAW BY REASON OF HIS OR HER ACCEPT-
 ANCE OF APPOINTMENT AS A MEMBER, OFFICER, AGENT OR EMPLOYEE OF THE WATER
 BOARD, NOR SHALL SERVICE AS SUCH MEMBER, OFFICER, AGENT OR  EMPLOYEE  BE
 DEEMED  INCOMPATIBLE  OR  IN  CONFLICT  WITH  SUCH OFFICE, MEMBERSHIP OR
 EMPLOYMENT.
   5. (A) THE GOVERNOR OR HIS OR HER DESIGNEE SHALL  FILE  ON  OR  BEFORE
 DECEMBER  THIRTY-FIRST  OF  THE  YEAR  FOLLOWING  THE  YEAR IN WHICH THE
 S. 8535                            11
 
 SPECIAL ACT OF THE STATE LEGISLATURE CREATING THE WATER BOARD SHALL HAVE
 BECOME A LAW, IN THE OFFICE OF THE SECRETARY  OF  STATE,  A  CERTIFICATE
 SIGNED  BY  THE GOVERNOR SETTING FORTH: (I) THE NAME OF THE WATER BOARD;
 (II)  THE  NAMES OF THE MEMBERS APPOINTED BY THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY; AND (III)  THE
 EFFECTIVE  DATE OF THE SPECIAL ACT OF THE STATE LEGISLATURE CREATING THE
 WATER BOARD. IF SUCH CERTIFICATE IS NOT  FILED  WITH  THE  SECRETARY  OF
 STATE  ON OR BEFORE SUCH DATE, THEN THE CORPORATE EXISTENCE OF THE WATER
 BOARD SHALL THEREUPON TERMINATE AND IT SHALL THEREUPON BE DEEMED  TO  BE
 AND SHALL BE DISSOLVED.
   (B)  THE  WATER BOARD AND ITS CORPORATE EXISTENCE SHALL CONTINUE UNTIL
 TERMINATED BY LAW, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE EFFECT
 SO LONG AS THE WATER BOARD SHALL HAVE CONTRACTUAL DUTIES OR  OBLIGATIONS
 OUTSTANDING UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE SATISFACTION
 THEREOF.  UPON  TERMINATION  OF THE EXISTENCE OF THE WATER BOARD, ALL OF
 THE RIGHTS, OBLIGATIONS AND PROPERTIES OF THE WATER BOARD THEN REMAINING
 SHALL PASS TO AND VEST TO THE STATE, WITH THE CONSENT OF THE STATE,  AND
 IF  THE  WATER BOARD ACQUIRED SUCH PROPERTY FROM A COUNTY, CITY OR OTHER
 MUNICIPALITY, WITH THE CONSENT OF SUCH  COUNTY,  CITY  OR  MUNICIPALITY,
 UNLESS  OTHERWISE  PROVIDED  IN  AN  AGREEMENT WITH SUCH COUNTY, CITY OR
 MUNICIPALITY AND THE WATER BOARD, AND EXCEPT AS OTHERWISE MAY BE  SPECI-
 FIED BY LAW.
   6.  IT  IS HEREBY DETERMINED AND DECLARED THAT THE WATER BOARD AND THE
 CARRYING OUT OF ITS POWERS AND DUTIES ARE IN ALL RESPECTS FOR THE  BENE-
 FIT  OF  THE PEOPLE OF THE UPSTATE NEW YORK REGION AND THE STATE FOR THE
 IMPROVEMENT OF THEIR  HEALTH,  WELFARE  AND  PROSPERITY  AND  THAT  SUCH
 PURPOSES  ARE  PUBLIC  PURPOSES AND THAT THE WATER BOARD IS AND SHALL BE
 PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN  THE  EXERCISE  OF  THE
 POWERS CONFERRED UPON IT BY THIS TITLE.
   7.  THE  WATER BOARD SHALL ESTABLISH AND MAINTAIN ITS PRINCIPAL OFFICE
 AT WHICH IT CONDUCTS ITS BUSINESS IN THE CITY OF ALBANY. NOTWITHSTANDING
 ANY GENERAL, SPECIAL OR LOCAL LAW OR ANY CHARTER PROVISION, THE CITY  OF
 ALBANY  MAY,  AND  IS HEREBY AUTHORIZED TO LEASE TO THE WATER BOARD SUCH
 OFFICE SPACE AS THE WATER BOARD DETERMINES TO BE NECESSARY AND APPROPRI-
 ATE FOR THE NEEDS OF THE WATER BOARD, WHICH  LEASE  SHALL  BE  FOR  SUCH
 CONSIDERATION  AND  SHALL CONTAIN SUCH TERMS AND CONDITIONS AS THE WATER
 BOARD AND THE CITY OF ALBANY SHALL DETERMINE REASONABLE AND APPROPRIATE.
   8. THE PURPOSE OF THE ACT OF THE LEGISLATURE  ESTABLISHING  THE  WATER
 BOARD  SHALL  BE,  AMONG  OTHER THINGS, TO PROVIDE FOR THE JURISDICTION,
 CONTROL, POSSESSION, SUPERVISION AND USE OF THE SYSTEM; AUTHORIZATION TO
 MAKE RULES AND REGULATIONS IN FURTHERANCE OF THIS TITLE; THE ENFORCEMENT
 OF THIS TITLE, THE RULES, REGULATIONS, PERMITS AND ORDERS OF  THE  WATER
 BOARD IN CONNECTION WITH THE DIRECT OR INDIRECT USE OF THE SYSTEM FACIL-
 ITIES  BY  PERSONS  WITHIN  THE  UPSTATE  NEW  YORK REGION AND ANY OTHER
 PERSONS FOR WHOM THE WATER BOARD PROVIDES SERVICES  INCLUDING,  BUT  NOT
 LIMITED  TO, ACCEPTING, TREATING AND DISPOSING OF WASTEWATER, INDUSTRIAL
 WASTE, AND OTHER WASTE, FROM WHATEVER SOURCE DERIVED; AND TO ENABLE  THE
 WATER  BOARD TO COMPLY WITH ALL APPLICABLE LAWS OF THE UNITED STATES AND
 THE STATE, AND THE RULES, REGULATIONS, PERMITS AND ORDERS OF THEIR REGU-
 LATORY AGENCIES.
   § 1240-G. POWERS OF THE WATER BOARD TO OPERATE, PURCHASE, AND MAINTAIN
 CERTAIN WATER COMPANIES. 1. EXCEPT AS OTHERWISE LIMITED BY  THIS  TITLE,
 THE WATER BOARD SHALL HAVE THE POWER:
   (A) TO SUE AND BE SUED;
   (B) TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
 S. 8535                            12

   (C)  TO  BORROW  MONEY  AND  ISSUE NEGOTIABLE OR NON-NEGOTIABLE NOTES,
 BONDS, OR OTHER OBLIGATIONS AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS
 THEREOF;
   (D)  TO  ENTER INTO CONTRACTS AND TO EXECUTE ALL INSTRUMENTS NECESSARY
 OR CONVENIENT OR DESIRABLE FOR THE PURPOSES OF THE  AUTHORITY  TO  CARRY
 OUT ANY POWERS EXPRESSLY GIVEN IT IN THIS TITLE;
   (E)  TO  CREATE  OR  ACQUIRE  ONE OR MORE WHOLLY OWNED SUBSIDIARIES IN
 ACCORDANCE WITH SECTION TWELVE HUNDRED FORTY-J OF THIS  TITLE  TO  CARRY
 OUT ALL OR ANY PART OF THE PURPOSES OF THIS TITLE;
   (F)  TO ACQUIRE, BY PURCHASE, GIFT, GRANT, TRANSFER, CONTRACT OR LEASE
 OR BY CONDEMNATION PURSUANT TO THE EMINENT DOMAIN PROCEDURE  LAW,  LEASE
 AS  LESSEE,  HOLD, AND USE ANY REAL OR PERSONAL PROPERTY OR ANY INTEREST
 THEREIN, AS THE BOARD MAY DEEM NECESSARY,  CONVENIENT  OR  DESIRABLE  TO
 CARRY  OUT  THE PURPOSE OF THIS TITLE; PROVIDED, HOWEVER, THAT THE BOARD
 SHALL NOT ACQUIRE, CONDEMN OR OTHERWISE RECEIVE REAL PROPERTY OF A COUN-
 TY, CITY OR OTHER MUNICIPALITY WITHOUT THE CONSENT OF THE GOVERNING BODY
 OF SUCH COUNTY, CITY OR MUNICIPALITY;
   (G) TO CONSTRUCT, IMPROVE OR REHABILITATE  WATER  SUPPLY  OR  SEWERAGE
 FACILITIES  REQUIRED  FOR  THE  MAINTENANCE, DEVELOPMENT OR EXPANSION OF
 WATER SUPPLY SOURCES OR SEWERAGE FACILITIES IN THE SERVICE AREA;
   (H) TO CONSTRUCT, IMPROVE OR REHABILITATE DISTRIBUTION,  TRANSMISSION,
 AND SEWERAGE FACILITIES IN THE SERVICE AREA;
   (I)  TO  OPERATE  AND  MANAGE  AND  TO  CONTRACT FOR THE OPERATION AND
 MANAGEMENT OF FACILITIES CONSTRUCTED BY THE BOARD;
   (J) TO ENTER INTO CONTRACTS, AND CARRY OUT THE TERMS THEREOF, FOR  THE
 WHOLESALE  PROVISION  OF WATER PRODUCED BY SUPPLY FACILITIES CONSTRUCTED
 AND OPERATED BY THE BOARD, TO COUNTIES,  CITIES,  OTHER  MUNICIPALITIES,
 AND  PRIVATE  WATER  COMPANIES  IN THE SERVICE AREA AND TO CARRY OUT THE
 TERMS THEREOF, FOR THE TRANSMISSION OF WATER FROM NEW OR EXISTING SUPPLY
 FACILITIES;
   (K) TO ENTER INTO CONTRACTS, WITH COUNTIES, CITIES AND  OTHER  MUNICI-
 PALITIES  FOR  THE  COLLECTION,  TREATMENT AND DISPOSAL OF SEWAGE IN THE
 SERVICE AREA;
   (L) TO APPLY TO THE APPROPRIATE AGENCIES AND OFFICIALS OF THE FEDERAL,
 STATE AND LOCAL GOVERNMENTS FOR SUCH LICENSES, PERMITS OR  APPROVALS  OF
 ITS  PLANS  OR  PROJECTS AS IT MAY DEEM NECESSARY OR ADVISABLE, AND UPON
 SUCH TERMS AND CONDITIONS AS IT MAY DEEM APPROPRIATE, TO ACCEPT, IN  ITS
 DISCRETION, SUCH LICENSES, PERMITS OR APPROVALS AS MAY BE TENDERED TO IT
 BY SUCH AGENCIES AND OFFICIALS;
   (M)  TO  APPOINT  SUCH  OFFICERS AND EMPLOYEES AS ARE REQUIRED FOR THE
 PERFORMANCE OF ITS DUTIES, AND TO FIX  AND  DETERMINE  THEIR  QUALIFICA-
 TIONS,  DUTIES  AND COMPENSATION, AND TO RETAIN OR EMPLOY COUNSEL, AUDI-
 TORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE
 FOR RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE;
   (N) TO MAKE PLANS AND STUDIES NECESSARY, CONVENIENT OR  DESIRABLE  FOR
 THE  EFFECTUATION OF THE PURPOSES AND POWERS OF THE BOARD AND TO PREPARE
 RECOMMENDATIONS IN REGARD THERETO;
   (O) TO ENTER UPON SUCH LANDS, WATERS, OR PREMISES AS IN  THE  JUDGMENT
 OF  THE  BOARD  SHALL  BE  NECESSARY  FOR THE PURPOSE OF MAKING SURVEYS,
 SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOMPLISH ANY PURPOSE AUTHORIZED
 BY THIS TITLE, THE BOARD BEING LIABLE ONLY FOR ACTUAL DAMAGE DONE;
   (P) TO APPLY FOR AND TO ACCEPT ANY GIFTS OR GRANTS OR LOANS  OF  FUNDS
 OR  PROPERTY  OR  FINANCIAL  OR  OTHER  AID IN ANY FORM FROM THE FEDERAL
 GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR FROM  THE  STATE
 OR  ANY  AGENCY OR INSTRUMENTALITY THEREOF OR FROM ANY OTHER SOURCE, FOR
 ANY OR ALL OF THE PURPOSES SPECIFIED  IN  THIS  TITLE,  AND  TO  COMPLY,
 S. 8535                            13
 
 SUBJECT  TO  THE PROVISIONS OF THIS TITLE, WITH THE TERMS AND CONDITIONS
 THEREOF;
   (Q)  TO  SUPPLY  AND  SELL  WATER  FOR DOMESTIC, COMMERCIAL AND PUBLIC
 PURPOSES AT RETAIL TO INDIVIDUAL CONSUMERS WITHIN THE SERVICE  AREA  AND
 TO  COLLECT,  TREAT  AND  DISCHARGE SEWAGE PRODUCED FOR SUCH PURPOSES BY
 SUCH GENERATORS;
   (R) TO PURCHASE WATER IN BULK FROM ANY  PERSON,  PRIVATE  CORPORATION,
 COUNTY,  CITY OR OTHER MUNICIPALITY WHEN NECESSARY OR CONVENIENT FOR THE
 OPERATION OF SUCH WATER SYSTEM;
   (S) TO PRODUCE, DEVELOP, DISTRIBUTE AND SELL WATER OR  WATER  SERVICES
 WITHIN  OR  WITHOUT  THE  TERRITORIAL LIMITS OF THE SERVICE AREA; AND TO
 PURCHASE WATER FROM ANY COUNTY, CITY OR OTHER MUNICIPALITY,  TOWN  WATER
 DISTRICT,  PERSON,  ASSOCIATION  OR CORPORATION; PROVIDED, HOWEVER, THAT
 WATER MAY BE SOLD AT RETAIL TO  INDIVIDUAL  CONSUMERS  ONLY  WITHIN  THE
 SERVICE  AREA AND FURTHER PROVIDED THAT IN EXERCISING THE POWERS GRANTED
 BY THIS TITLE, THE BOARD SHALL NOT SELL  WATER  IN  ANY  AREA  WHICH  IS
 SERVED  BY  A  WATER SYSTEM OWNED OR OPERATED BY A COUNTY, CITY OR OTHER
 MUNICIPALITY OR SPECIAL IMPROVEMENT DISTRICT UNLESS THE  GOVERNING  BODY
 OF  SUCH  COUNTY,  CITY  OR OTHER MUNICIPALITY OR DISTRICT SHALL ADOPT A
 RESOLUTION REQUESTING THE BOARD TO SELL WATER IN SUCH SERVED AREAS;
   (T) TO MAKE BYLAWS FOR THE MANAGEMENT AND REGULATION  OF  ITS  AFFAIRS
 AND  SUBJECT TO AGREEMENTS WITH BONDHOLDERS, RULES FOR THE SALE OF WATER
 OR COLLECTION OF SEWAGE AND THE COLLECTION OF RENTS AND  CHARGES  THERE-
 FOR.  A  COPY OF SUCH RULES AND BYLAWS, AND ALL AMENDMENTS THERETO, DULY
 CERTIFIED BY THE SECRETARY OF THE BOARD SHALL BE FILED IN THE  SECRETARY
 OF THE STATE;
   (U) TO FIX RATES AND COLLECT CHARGES FOR THE USE OF THE FACILITIES OF,
 OR  SERVICES RENDERED BY, OR ANY COMMODITIES FURNISHED BY THE BOARD SUCH
 AS TO PROVIDE REVENUES SUFFICIENT AT ALL TIMES TO PAY, AS THE SAME SHALL
 BECOME DUE, THE PRINCIPAL AND INTEREST ON  THE  BONDS,  NOTES  OR  OTHER
 OBLIGATIONS  OF  THE  BOARD  TOGETHER  WITH  THE  MAINTENANCE  OF PROPER
 RESERVES THEREFOR, IN ADDITION TO PAYING AS THE SAME SHALL  BECOME  DUE,
 THE  EXPENSE  OF  OPERATING  AND MAINTAINING THE PROPERTIES OF THE BOARD
 TOGETHER WITH PROPER RESERVES FOR  MAINTENANCE,  CONTINGENCIES  AND  ALL
 OTHER OBLIGATIONS AND INDEBTEDNESS OF THE BOARD;
   (V) TO ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER AUTHORITIES, COUN-
 TIES,  CITIES  AND OTHER MUNICIPALITIES, WATER DISTRICTS, UTILITY COMPA-
 NIES, INDIVIDUALS, FIRMS OR CORPORATIONS, WITHIN OR WITHOUT THE TERRITO-
 RIAL LIMITS OF THE SERVICE AREA FOR THE INTERCONNECTION  OF  FACILITIES,
 THE  EXCHANGE OR INTERCHANGE OF SERVICES AND COMMODITIES, AND WITHIN THE
 TERRITORIAL LIMITS OF THE SERVICE AREA TO ENTER INTO A CONTRACT FOR  THE
 CONSTRUCTION  AND  OPERATION  AND  MAINTENANCE  OF  A  WATER  SUPPLY AND
 DISTRIBUTION OR SEWERAGE SYSTEM BY THE BOARD FOR  ANY  COUNTY,  CITY  OR
 OTHER  MUNICIPALITY HAVING POWER TO CONSTRUCT AND DEVELOP A WATER SUPPLY
 AND DISTRIBUTION OR SEWERAGE SYSTEM, UPON SUCH TERMS AND  CONDITIONS  AS
 SHALL  BE  DETERMINED TO BE REASONABLE INCLUDING, BUT NOT LIMITED TO THE
 REIMBURSEMENT OF ALL COSTS OF SUCH CONSTRUCTION, OR FOR ANY OTHER LAWFUL
 PURPOSES NECESSARY OR DESIRABLE TO EFFECT THE PURPOSES OF THIS TITLE;
   (W) TO PROVIDE FOR THE DISCONTINUANCE OR DISCONNECTION OF  THE  SUPPLY
 OF  WATER OR THE PROVISION OF SEWERAGE SERVICE, OR BOTH, AS THE CASE MAY
 BE, FOR NON PAYMENT OF FEES, RATES,  RENTS  OR  OTHER  CHARGES  THEREFOR
 IMPOSED  BY  THE BOARD, PROVIDED SUCH DISCONTINUANCE OR DISCONNECTION OF
 ANY SUPPLY OF WATER OR THE PROVISION OF SEWERAGE SERVICE,  OR  BOTH,  AS
 THE  CASE MAY BE, SHALL NOT BE CARRIED OUT EXCEPT IN THE MANNER AND UPON
 THE NOTICE AS IS REQUIRED OF A WATERWORKS CORPORATION PURSUANT TO SUBDI-
 S. 8535                            14
 
 VISIONS THREE-A,  THREE-B  AND  THREE-C  OF  SECTION  EIGHTY-NINE-B  AND
 SECTION ONE HUNDRED SIXTEEN OF THE PUBLIC SERVICE LAW; AND
   (X)  TO  DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO CARRY OUT
 ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE.
   2. WHERE THE BOARD HAS ENTERED INTO AN AGREEMENT WITH A  COUNTY,  CITY
 OR  OTHER  MUNICIPALITY  WITHIN  THE  SERVICE  AREA TO PRODUCE, DEVELOP,
 DISTRIBUTE, SELL OR OTHERWISE MANAGE WATER  AND/OR  WASTEWATER  SERVICES
 PURSUANT  TO  THIS TITLE, THE BOARD SHALL CONSULT WITH SUCH COUNTY, CITY
 OR OTHER MUNICIPALITY'S COUNTY EXECUTIVE, MAYOR, CHIEF OFFICER OR  OTHER
 MUNICIPAL  HEAD  OF GOVERNMENT, OR SUCH INDIVIDUAL'S DESIGNEE, IN ESTAB-
 LISHING THE TERMS OF SUCH WATER  AND/OR  WASTEWATER  SERVICES  FOR  SUCH
 COUNTY, CITY OR OTHER MUNICIPALITY. THE BOARD SHALL NOT BE AUTHORIZED TO
 APPROVE  ANY MEASURE REGARDING SUCH WATER AND/OR WASTEWATER SERVICES FOR
 TO SUCH COUNTY, CITY OR OTHER MUNICIPALITY WITHOUT THE APPROVAL OF  SUCH
 COUNTY  EXECUTIVE,  MAYOR,  CHIEF  OFFICER,  OR  OTHER MUNICIPAL HEAD OF
 GOVERNMENT.
   § 1240-H. APPROPRIATIONS FOR PURPOSES OF THE WATER BOARD OR AUTHORITY;
 TRANSFER OR ACQUISITION OF PROPERTY; CONTRACTS. 1. IN  ADDITION  TO  ANY
 POWERS  GRANTED  TO  IT BY LAW, A COUNTY, CITY, OR OTHER MUNICIPALITY IN
 THE SERVICE AREA MAY, FROM TIME TO TIME, APPROPRIATE BY RESOLUTION  SUMS
 OF  MONEY  FOR  PURPOSES  OF  EITHER THE WATER BOARD OR THE AUTHORITY TO
 DEFRAY PROJECT COSTS OR ANY OTHER COSTS AND EXPENSES OF EITHER THE WATER
 BOARD OR THE AUTHORITY OR TO PAY AMOUNTS PAYABLE OR  ANTICIPATED  TO  BE
 PAYABLE  TO  EITHER  THE  WATER  BOARD  OR THE AUTHORITY PURSUANT TO ANY
 AGREEMENT AUTHORIZED BY THIS TITLE. SUBJECT TO THE RIGHTS  OF  BONDHOLD-
 ERS,  A  COUNTY, CITY, OR OTHER MUNICIPALITY MAY DETERMINE IF THE MONEYS
 SO APPROPRIATED SHALL BE SUBJECT TO REPAYMENT BY EITHER THE WATER  BOARD
 OR  THE  AUTHORITY  AND, IN SUCH EVENT, THE MANNER AND TIME OR TIMES FOR
 SUCH REPAYMENT.
   2. A COUNTY, CITY, OTHER  MUNICIPALITY,  OR  STATE  AGENCY  MAY  GIVE,
 GRANT,  SELL,  CONVEY, LOAN OR LICENSE THE USE OF OR LEASE TO EITHER THE
 WATER BOARD OR THE AUTHORITY ANY PROPERTIES WHICH ARE USEFUL  TO  EITHER
 THE  WATER  BOARD  OR  THE  AUTHORITY IN ORDER TO CARRY OUT THEIR POWERS
 UNDER THIS TITLE. ANY SUCH TRANSFER OF PROPERTY SHALL BE FOR  SUCH  TERM
 AND UPON SUCH TERMS AND CONDITIONS, SUBJECT TO THE RIGHTS OF THE HOLDERS
 OF  ANY  BONDS, AS THE WATER BOARD, THE AUTHORITY, SUCH STATE AGENCY AND
 SUCH COUNTY, CITY, OR MUNICIPALITY MAY AGREE,  INCLUDING  PROVISION  FOR
 THE  AUTHORITY  TO  ASSUME THE PRIMARY RESPONSIBILITY FOR THE PAYMENT OF
 ANY BONDS OR NOTES ISSUED BY SUCH COUNTY, CITY,  MUNICIPALITY,  OR  SUCH
 STATE AGENCY FOR SUCH PROPERTIES.
   3.  NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER LAW, GENERAL, SPECIAL
 OR LOCAL TO THE CONTRARY, REAL PROPERTY ACQUIRED  BY  EITHER  THE  WATER
 BOARD, THE AUTHORITY OR ANY COUNTY, CITY, OR MUNICIPALITY FROM THE STATE
 OR  A  STATE  AGENCY MAY BE USED FOR ANY CORPORATE PURPOSE OF EITHER THE
 WATER BOARD OR THE AUTHORITY.
   4. ANY COUNTY, CITY, OTHER MUNICIPALITY, STATE AGENCY, THE WATER BOARD
 AND/OR THE AUTHORITY SHALL HAVE THE POWER  TO  CONTRACT,  FROM  TIME  TO
 TIME, BETWEEN OR AMONG THEMSELVES, OR WITH ANY OTHER PERSON, IN RELATION
 TO  THE  PURCHASE, SALE, PRODUCTION, ACCUMULATION, SUPPLY, TRANSMISSION,
 OR TREATMENT OF WATER, OR THE PROVISION OF  WASTEWATER  OR  STORM  WATER
 SERVICES  AND/OR  THE  CONSTRUCTION,  USE,  SALE  AND/OR LEASING, OF ANY
 SYSTEM FACILITY OF THE WATER BOARD, WHICH CONTRACTS MAY INCLUDE  ANY  OR
 ALL OF THE FOLLOWING PROVISIONS: (A) REQUIRING THE PURCHASE BY ANY COUN-
 TY,  CITY, OR OTHER MUNICIPALITY OF SPECIFIED AMOUNTS OF WATER, WASTEWA-
 TER, OR STORM WATER SERVICES; (B) REQUIRING THE USE BY ANY COUNTY, CITY,
 OR OTHER MUNICIPALITY OF A SYSTEM  FACILITY;  (C)  LIMITING  THE  RIGHT,
 S. 8535                            15
 
 INCLUDING  A  PROHIBITION, OF ANY COUNTY, CITY, OR OTHER MUNICIPALITY TO
 CONSTRUCT A FACILITY WHICH WILL SERVE THE  SAME,  OR  SUBSTANTIALLY  THE
 SAME,  FUNCTION AS A SYSTEM FACILITY CONSTRUCTED OR TO BE CONSTRUCTED BY
 THE  WATER  BOARD;  (D) REQUIRING THE WATER BOARD TO RESERVE CAPACITY IN
 ANY SYSTEM FACILITY TO ASSURE THE AVAILABILITY TO ANY COUNTY,  CITY,  OR
 OTHER  MUNICIPALITY OF A SPECIFIED AMOUNT OF USE OF ANY SYSTEM FACILITY;
 (E) PROVIDING FOR SPECIFIED MINIMUM PERIODIC  PAYMENTS  WHETHER  OR  NOT
 WATER,  WASTEWATER  OR STORM WATER SERVICES ARE ACTUALLY TAKEN AND USED,
 OR SUCH SYSTEM FACILITY IS ACTUALLY USED, SUBJECT TO  SUCH  LIMITATIONS,
 EXCEPTIONS  AND  PROVISIONS THEREIN; AND (F) REQUIRING ANY COUNTY, CITY,
 OR OTHER MUNICIPALITY TO PAY TO THE WATER BOARD SUCH AMOUNTS AS SHALL BE
 NECESSARY TO ASSURE THE CONTINUED OPERATION OF THE WATER BOARD. ALL SUCH
 PAYMENTS SHALL BE DETERMINED AND PAID IN SUCH MANNER AND AT  SUCH  TIMES
 AS MAY BE PROVIDED IN SUCH CONTRACTS.
   5. ANY AGREEMENT FOR THE SUPPLY OF WATER SERVICES, WASTEWATER SERVICES
 OR STORM WATER SERVICES BETWEEN A COUNTY, CITY, OTHER MUNICIPALITY OR AN
 AGENCY  THEREOF  AND  ANY   STATE AGENCY, OR ANY ADMINISTRATIVE DETERMI-
 NATION BY A STATE AGENCY, OR ANY OTHER ARRANGEMENT IN  THIS  REGARD,  IN
 EFFECT AT THE TIME THE WATER BOARD SHALL BE ESTABLISHED, SHALL REMAIN IN
 FULL  FORCE AND EFFECT AND BE BINDING UPON THE WATER BOARD AS IF IT WERE
 A PARTY TO SUCH AGREEMENT, DETERMINATION OR OTHER ARRANGEMENT.
   § 1240-I. TRANSFER OF OFFICERS AND EMPLOYEES. 1.  IN  ACCORDANCE  WITH
 THE  PROVISIONS OF SECTION SEVENTY OF THE CIVIL SERVICE LAW, ANY OFFICER
 OR EMPLOYEE OF A COUNTY, CITY,  OR  OTHER  MUNICIPALITY  THAT  CURRENTLY
 WORKS IN THE SYSTEM, MAY, AT THE REQUEST OF THE WATER BOARD AND WITH THE
 CONSENT  OF  SUCH  COUNTY, CITY, OR MUNICIPALITY AND THE WATER BOARD, BE
 TRANSFERRED TO THE WATER BOARD AND SHALL BE ELIGIBLE FOR  SUCH  TRANSFER
 AND  APPOINTMENT,  WITHOUT  FURTHER  EXAMINATION, TO APPLICABLE OFFICES,
 POSITIONS AND EMPLOYMENT UNDER THE WATER BOARD.  ANY  SUCH  OFFICERS  OR
 EMPLOYEES  SO  TRANSFERRED  TO THE WATER BOARD PURSUANT TO THIS SECTION,
 WHO ARE MEMBERS OF OR BENEFIT UNDER ANY EXISTING PENSION  OR  RETIREMENT
 FUND  OR  SYSTEM,  SHALL  CONTINUE TO HAVE ALL RIGHTS, PRIVILEGES, OBLI-
 GATIONS AND STATUS WITH RESPECT TO  SUCH  FUND  OR  SYSTEM  AS  ARE  NOW
 PRESCRIBED  BY  LAW,  BUT  DURING  THE PERIOD OF THEIR EMPLOYMENT BY THE
 WATER BOARD, ALL CONTRIBUTIONS TO SUCH FUNDS OR SYSTEMS TO  BE  PAID  BY
 THE  EMPLOYER  ON ACCOUNT OF SUCH OFFICERS OR EMPLOYEES SHALL BE PAID BY
 THE WATER BOARD.
   2. A TRANSFERRED EMPLOYEE SHALL REMAIN IN THE SAME COLLECTIVE BARGAIN-
 ING UNIT AS WAS THE CASE PRIOR TO SUCH  EMPLOYEE'S  TRANSFER;  SUCCESSOR
 EMPLOYEES  TO  THE  POSITIONS  HELD BY SUCH TRANSFERRED EMPLOYEES SHALL,
 CONSISTENT WITH THE PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL  SERVICE
 LAW, BE INCLUDED IN THE SAME UNIT AS THEIR PREDECESSORS. EMPLOYEES SERV-
 ING  IN  POSITIONS IN NEWLY CREATED TITLES SHALL BE ASSIGNED TO THE SAME
 COLLECTIVE BARGAINING UNIT AS THEY WOULD HAVE BEEN ASSIGNED TO SUCH UNIT
 WERE SUCH TITLES CREATED PRIOR TO THE ESTABLISHMENT OF THE WATER  BOARD.
 NOTHING  CONTAINED  IN THIS TITLE SHALL BE CONSTRUED (A) TO DIMINISH THE
 RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT OR (B)
 TO AFFECT EXISTING LAW WITH RESPECT TO  AN  APPLICATION  TO  THE  PUBLIC
 EMPLOYMENT  RELATIONS  BOARD SEEKING A DESIGNATION BY THE PUBLIC EMPLOY-
 MENT RELATIONS BOARD THAT CERTAIN PERSONS ARE  MANAGERIAL  OR  CONFIDEN-
 TIAL.
   § 1240-J. SUBSIDIARIES.  1.  THE  WATER  BOARD SHALL HAVE THE RIGHT TO
 EXERCISE AND PERFORM ALL OR PART OF ITS POWERS AND FUNCTIONS THROUGH ONE
 OR MORE WHOLLY OWNED SUBSIDIARIES BY ACQUIRING THE VOTING SHARES THEREOF
 OR BY RESOLUTION OF THE WATER BOARD DIRECTING ANY OF ITS TRUSTEES, OFFI-
 CERS OR EMPLOYEES TO ORGANIZE A SUBSIDIARY CORPORATION PURSUANT  TO  THE
 S. 8535                            16
 
 BUSINESS  CORPORATION  LAW,  THE  NOT-FOR-PROFIT  CORPORATION LAW OR THE
 TRANSPORTATION CORPORATIONS LAW. SUCH  RESOLUTION  SHALL  PRESCRIBE  THE
 PURPOSE FOR WHICH SUCH SUBSIDIARY CORPORATION IS TO BE FORMED.
   2.  THE  WATER  BOARD  MAY  TRANSFER TO ANY SUBSIDIARY CORPORATION ANY
 MONEYS, PROPERTY (REAL, PERSONAL OR MIXED) OR  FACILITIES  IN  ORDER  TO
 CARRY  OUT  THE PURPOSES OF THIS TITLE. EACH SUCH SUBSIDIARY CORPORATION
 SHALL HAVE ALL THE PRIVILEGES,  IMMUNITIES,  TAX  EXEMPTIONS  AND  OTHER
 EXEMPTIONS  OF THE WATER BOARD TO THE EXTENT THE SAME ARE NOT INCONSIST-
 ENT WITH THE STATUTE OR STATUTES PURSUANT TO WHICH SUCH  SUBSIDIARY  WAS
 INCORPORATED.
   § 1240-K. BONDS  OF  THE  AUTHORITY.  1.  THE AUTHORITY SHALL HAVE THE
 POWER AND IS HEREBY AUTHORIZED FROM TIME  TO  TIME  TO  ISSUE  BONDS  IN
 CONFORMANCE WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE IN
 SUCH  PRINCIPAL  AMOUNTS  AS IT MAY DETERMINE TO BE NECESSARY TO PAY THE
 COST OF ANY PROJECT OR PROJECTS, OR FOR  ANY  OTHER  CORPORATE  PURPOSE,
 INCLUDING  REASONABLE  AND  INCIDENTAL EXPENSES IN CONNECTION THEREWITH.
 THE AUTHORITY SHALL HAVE POWER FROM TIME TO TIME TO REFUND ANY BONDS  BY
 THE  ISSUANCE OF NEW BONDS WHETHER THE BONDS TO BE REFUNDED HAVE OR HAVE
 NOT MATURED, AND MAY ISSUE BONDS PARTLY TO REFUND BONDS THEN OUTSTANDING
 AND PARTLY FOR ANY OTHER CORPORATE PURPOSE. BONDS ISSUED BY THE AUTHORI-
 TY MAY BE GENERAL OBLIGATION BONDS SECURED BY THE FAITH  AND  CREDIT  OF
 THE  AUTHORITY  OR  MAY  BE  SPECIAL  OBLIGATIONS  PAYABLE SOLELY OUT OF
 PARTICULAR REVENUES  OR  OTHER  MONEYS  AS  MAY  BE  DESIGNATED  IN  THE
 PROCEEDINGS  OF  THE AUTHORITY UNDER WHICH THE BONDS SHALL BE AUTHORIZED
 TO BE ISSUED, SUBJECT TO ANY AGREEMENTS ENTERED INTO BETWEEN THE AUTHOR-
 ITY AND A COUNTY, CITY, OR OTHER MUNICIPALITY, AND  THE  AUTHORITY,  THE
 WATER  BOARD  AND  A COUNTY, CITY, OR OTHER MUNICIPALITY, AND SUBJECT TO
 ANY AGREEMENTS WITH  THE  HOLDERS  OF  OUTSTANDING  BONDS  PLEDGING  ANY
 PARTICULAR PROPERTY, REVENUES OR MONEYS.
   2. THE AUTHORITY IS AUTHORIZED TO OBTAIN FROM ANY DEPARTMENT OR AGENCY
 OF  THE  UNITED  STATES  OR THE STATE OR ANY NON-GOVERNMENTAL INSURER OR
 FINANCIAL INSTITUTION, ANY INSURANCE, GUARANTY OR OTHER  CREDIT  SUPPORT
 DEVICE,  TO  THE  EXTENT  NOW  OR HEREAFTER AVAILABLE, AS TO, OR FOR THE
 PAYMENT OR REPAYMENT OF INTEREST OR PRINCIPAL,  OR  BOTH,  OR  ANY  PART
 THEREOF,  ON  ANY  BONDS  ISSUED  BY THE AUTHORITY AND TO ENTER INTO ANY
 AGREEMENT OR CONTRACT WITH RESPECT TO ANY SUCH  INSURANCE  OR  GUARANTY,
 EXCEPT  TO THE EXTENT THAT THE SAME WOULD IN ANY WAY IMPAIR OR INTERFERE
 WITH THE ABILITY OF THE AUTHORITY TO PERFORM AND FULFILL  THE  TERMS  OF
 ANY  AGREEMENT  MADE WITH THE HOLDERS OF BONDS OR NOTES OF THE AUTHORITY
 AS MAY THEN EXIST.
   3. BONDS SHALL BE AUTHORIZED BY RESOLUTION OF  THE  AUTHORITY,  BE  IN
 SUCH  DENOMINATIONS,  BEAR SUCH DATE OR DATES AND MATURE AT SUCH TIME OR
 TIMES AS SUCH RESOLUTION MAY PROVIDE, EXCEPT THAT BONDS AND ANY RENEWALS
 THEREOF SHALL MATURE WITHIN FORTY YEARS OF THE DATE  OF  THEIR  ORIGINAL
 ISSUANCE  AND  NOTES  AND  ANY  RENEWAL THEREOF SHALL MATURE WITHIN FIVE
 YEARS OF THE DATE OF  THEIR  ORIGINAL  ISSUANCE.  SUCH  BONDS  SHALL  BE
 SUBJECT TO SUCH TERMS OF REDEMPTION, BEAR INTEREST AT SUCH RATE OR RATES
 PAYABLE  AT  SUCH TIMES, BE IN SUCH FORM, CARRY SUCH REGISTRATION PRIVI-
 LEGES, BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF  PAYMENT
 AT  SUCH PLACE OR PLACES, AND BE SUBJECT TO SUCH TERMS AND CONDITIONS AS
 SUCH RESOLUTION MAY PROVIDE. BONDS MAY BE SOLD AT PUBLIC OR PRIVATE SALE
 FOR SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETERMINE PROVIDED  THAT
 NO  ISSUE  OF  BONDS MAY BE SOLD BY THE AUTHORITY AT PRIVATE SALE UNLESS
 SUCH SALE AND THE TERMS THEREOF HAVE BEEN APPROVED IN WRITING BY (A) THE
 COMPTROLLER, WHERE SUCH SALE IS NOT TO SUCH COMPTROLLER, OR (B)  BY  THE
 STATE  DIRECTOR  OF  THE  BUDGET,  WHERE SUCH SALE IS TO BE TO THE COMP-
 S. 8535                            17
 
 TROLLER. THE AUTHORITY MAY PAY ALL EXPENSES,  PREMIUMS  AND  COMMISSIONS
 WHICH IT MAY DEEM NECESSARY OR ADVANTAGEOUS IN CONNECTION WITH THE ISSU-
 ANCE AND SALE OF BONDS OR AUTHORITY OBLIGATIONS.
   4.  THE AUTHORITY MAY ALSO ENTER INTO LOAN AGREEMENTS, LINES OF CREDIT
 AND OTHER SECURITY AGREEMENTS AND OBTAIN FOR OR ON ITS BEHALF LETTERS OF
 CREDIT, INSURANCE, GUARANTIES OR OTHER CREDIT ENHANCEMENTS TO THE EXTENT
 NOW OR HEREAFTER AVAILABLE, IN EACH CASE FOR SECURING ITS  BONDS  OR  TO
 PROVIDE DIRECT PAYMENT OF ANY COSTS WHICH THE AUTHORITY IS AUTHORIZED TO
 PAY.
   5.  ANY  RESOLUTION  OR  RESOLUTIONS AUTHORIZING BONDS OR ANY ISSUE OF
 BONDS MAY CONTAIN PROVISIONS WHICH MAY BE A PART OF  THE  CONTRACT  WITH
 THE HOLDERS OF THE BONDS THEREBY AUTHORIZED AS TO:
   (A)  PLEDGING ALL OR PART OF THE REVENUES, OTHER MONIES OR PROPERTY OF
 THE AUTHORITY TO SECURE THE PAYMENT OF THE BONDS, OR ANY COSTS OF  ISSU-
 ANCE  THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY CONTRACTS, EARNINGS OR
 PROCEEDS OF ANY GRANT TO THE AUTHORITY  RECEIVED  FROM  ANY  PRIVATE  OR
 PUBLIC  SOURCE  SUBJECT  TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY THEN
 EXIST;
   (B) THE SETTING ASIDE OF RESERVES AND THE CREATION  OF  SINKING  FUNDS
 AND THE REGULATION AND DISPOSITION THEREOF;
   (C)  LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS FROM THE SALE OF
 BONDS MAY BE APPLIED;
   (D) LIMITATIONS ON THE RIGHT OF THE AUTHORITY TO RESTRICT AND REGULATE
 THE USE OF THE PROJECT OR PART THEREOF IN CONNECTION  WITH  WHICH  BONDS
 ARE ISSUED;
   (E)  LIMITATIONS  ON  THE ISSUANCE OF ADDITIONAL BONDS, THE TERMS UPON
 WHICH ADDITIONAL BONDS MAY BE ISSUED AND SECURED AND  THE  REFUNDING  OF
 OUTSTANDING OR OTHER BONDS;
   (F)  THE  PROCEDURE,  IF  ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
 BONDHOLDERS MAY BE AMENDED OR ABROGATED, THE AMOUNT OF BONDS THE HOLDERS
 OF WHICH MUST CONSENT THERETO, AND THE MANNER IN WHICH SUCH CONSENT  MAY
 BE GIVEN;
   (G)  THE  CREATION  OF SPECIAL FUNDS INTO WHICH ANY REVENUES OR MONIES
 MAY BE DEPOSITED;
   (H) THE TERMS AND PROVISIONS OF ANY TRUST, MORTGAGE, DEED OR INDENTURE
 SECURING THE BONDS UNDER WHICH THE BOND MAY BE ISSUED;
   (I) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTIES,  RIGHTS,  POWERS
 AND DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE WHICH MAY INCLUDE ANY
 OR ALL OF THE RIGHTS, POWERS AND DUTIES OF THE TRUSTEES APPOINTED BY THE
 BONDHOLDERS  TO  APPOINT A TRUSTEE PURSUANT TO THIS TITLE OR LIMITING OR
 ABROGATING THE RIGHTS OF THE BONDHOLDERS TO APPOINT A TRUSTEE, OR LIMIT-
 ING THE RIGHTS, DUTIES AND POWERS OF SUCH TRUSTEE;
   (J) DEFINING THE ACTS OR OMISSIONS  TO  ACT  WHICH  MAY  CONSTITUTE  A
 DEFAULT  IN THE OBLIGATIONS AND DUTIES OF THE AUTHORITY TO THE BONDHOLD-
 ERS AND PROVIDING FOR THE RIGHTS AND REMEDIES OF THE BONDHOLDERS IN  THE
 EVENT OF SUCH DEFAULT, INCLUDING AS A MATTER OF RIGHT THE APPOINTMENT OF
 A  RECEIVER,  PROVIDED, HOWEVER, THAT SUCH RIGHTS AND REMEDIES SHALL NOT
 BE INCONSISTENT WITH THE GENERAL LAWS OF THE STATE AND OTHER  PROVISIONS
 OF THIS TITLE;
   (K)  LIMITATIONS  ON  THE  POWER OF THE AUTHORITY TO SELL OR OTHERWISE
 DISPOSE OF ANY PROJECT OR ANY PART THEREOF;
   (L) LIMITATIONS ON THE AMOUNT OF  REVENUES  AND  OTHER  MONIES  TO  BE
 EXPENDED FOR OPERATING, ADMINISTRATIVE OR OTHER EXPENSES OF THE AUTHORI-
 TY;
   (M) THE PAYMENT OF THE PROCEEDS OF BONDS, REVENUES AND OTHER MONIES TO
 A TRUSTEE OR OTHER DEPOSITORY, AND FOR THE METHOD OF DISBURSEMENT THERE-
 S. 8535                            18
 
 OF WITH SUCH SAFEGUARDS AND RESTRICTIONS AS THE AUTHORITY MAY DETERMINE;
 AND
   (N)  ANY OTHER MATTERS OF LIKE OR DIFFERENT CHARACTER WHICH IN ANY WAY
 AFFECT THE SECURITY OR PROTECTION OF THE BONDS OR THE RIGHTS  AND  REME-
 DIES OF BONDHOLDERS.
   6.  IN  ADDITION  TO THE POWERS HEREIN CONFERRED UPON THE AUTHORITY TO
 SECURE ITS BONDS, THE AUTHORITY SHALL HAVE POWER IN CONNECTION WITH  THE
 ISSUANCE  OF BONDS TO ADOPT RESOLUTIONS AND ENTER INTO SUCH TRUST INDEN-
 TURES, AGREEMENTS OR OTHER INSTRUMENTS AS THE AUTHORITY MAY DEEM  NECES-
 SARY,  CONVENIENT  OR DESIRABLE CONCERNING THE USE OR DISPOSITION OF ITS
 REVENUES OR OTHER MONIES OR PROPERTY, INCLUDING THE  MORTGAGING  OF  ANY
 PROPERTY  AND THE ENTRUSTING, PLEDGING OR CREATION OF ANY OTHER SECURITY
 INTEREST IN ANY SUCH REVENUES, MONIES OR PROPERTY AND THE DOING  OF  ANY
 ACT,  INCLUDING  REFRAINING FROM DOING ANY ACT WHICH THE AUTHORITY WOULD
 HAVE THE RIGHT TO DO IN THE ABSENCE OF SUCH  RESOLUTIONS,  TRUST  INDEN-
 TURES,  AGREEMENTS  OR OTHER INSTRUMENTS. THE AUTHORITY SHALL HAVE POWER
 TO ENTER INTO AMENDMENTS OF  ANY  SUCH  RESOLUTIONS,  TRUST  INDENTURES,
 AGREEMENTS OR OTHER INSTRUMENTS. THE PROVISIONS OF ANY SUCH RESOLUTIONS,
 TRUST  INDENTURES, AGREEMENTS OR OTHER INSTRUMENTS MAY BE MADE A PART OF
 THE CONTRACT WITH THE HOLDERS OF BONDS OF THE AUTHORITY.
   7. ANY PROVISION OF  THE  UNIFORM  COMMERCIAL  CODE  TO  THE  CONTRARY
 NOTWITHSTANDING,  ANY  PLEDGE OF OR OTHER SECURITY INTEREST IN REVENUES,
 MONIES, ACCOUNTS, CONTRACT RIGHTS, GENERAL INTANGIBLES OR OTHER PERSONAL
 PROPERTY MADE OR CREATED BY THE AUTHORITY OR THE WATER  BOARD,  PURSUANT
 TO  THIS  TITLE,  SHALL  BE  VALID,  BINDING  AND  PERFECTED AGAINST ALL
 PERSONS, FROM THE TIME WHEN SUCH PLEDGE IS MADE OR OTHER SECURITY INTER-
 EST ATTACHES WITHOUT ANY PHYSICAL DELIVERY OF THE COLLATERAL OR  FURTHER
 ACT, AND THE LIEN OF ANY SUCH PLEDGE OR OTHER SECURITY INTEREST SHALL BE
 VALID,  BINDING  AND  PERFECTED AGAINST ALL PARTIES HAVING CLAIMS OF ANY
 KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE AUTHORITY OR  THE  WATER
 BOARD,  IRRESPECTIVE  OF  WHETHER  SUCH  PARTIES HAVE NOTICE THEREOF. NO
 INSTRUMENT BY WHICH SUCH A PLEDGE OR SECURITY INTEREST  IS  CREATED  NOR
 ANY FINANCING STATEMENT NEED BE RECORDED OR FILED.
   8.  WHETHER  OR  NOT THE BONDS ARE OF SUCH FORM AND CHARACTER AS TO BE
 NEGOTIABLE INSTRUMENTS UNDER THE TERMS OF THE UNIFORM  COMMERCIAL  CODE,
 THE  BONDS  ARE HEREBY MADE NEGOTIABLE INSTRUMENTS WITHIN THE MEANING OF
 AND FOR ALL THE PURPOSES OF THE UNIFORM COMMERCIAL CODE, SUBJECT ONLY TO
 THE PROVISIONS OF THE BONDS FOR REGISTRATION.
   9. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON  EXECUTING  ITS
 BONDS  SHALL  BE  LIABLE  PERSONALLY  ON  ITS BONDS OR BE SUBJECT TO ANY
 PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
   10. SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AS MAY THEN EXIST, THE
 AUTHORITY SHALL HAVE POWER  OUT  OF  ANY  FUNDS  AVAILABLE  THEREFOR  TO
 PURCHASE  BONDS OF THE AUTHORITY, WHICH SHALL THEREUPON BE CANCELLED, AT
 A PRICE NOT EXCEEDING (A) IF THE BONDS ARE THEN REDEEMABLE, THE  REDEMP-
 TION  PRICE  THEN  APPLICABLE PLUS ACCRUED INTEREST TO THE NEXT INTEREST
 PAYMENT DATE, OR (B) IF THE BONDS ARE NOT THEN REDEEMABLE,  THE  REDEMP-
 TION  PRICE  APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE UPON WHICH
 THE BONDS BECOME SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO THE NEXT
 INTEREST PAYMENT DATE. BONDS SO PURCHASED SHALL THEREUPON BE CANCELLED.
   § 1240-L. REMEDIES OF BONDHOLDERS. SUBJECT TO ANY RESOLUTION OR RESOL-
 UTIONS ADOPTED PURSUANT TO THIS TITLE:
   1. IN THE EVENT THAT THE AUTHORITY SHALL DEFAULT  IN  THE  PAYMENT  OF
 PRINCIPAL  OF  OR  INTEREST  ON  ANY ISSUE OF BONDS AFTER THE SAME SHALL
 BECOME DUE, WHETHER AT MATURITY OR UPON CALL FOR  REDEMPTION,  AND  SUCH
 DEFAULT SHALL CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT
 S. 8535                            19
 
 THE AUTHORITY SHALL FAIL OR REFUSE TO COMPLY WITH THE PROVISIONS OF THIS
 TITLE  OR  SHALL  DEFAULT  IN ANY AGREEMENT MADE WITH THE HOLDERS OF ANY
 ISSUE OF BONDS, THE HOLDERS OF TWENTY-FIVE PERCENT IN AGGREGATE  PRINCI-
 PAL AMOUNT OF THE BONDS OF SUCH ISSUE THEN OUTSTANDING, BY INSTRUMENT OR
 INSTRUMENTS  FILED  IN  THE  OFFICES  OF THE CLERK OF A COUNTY, CITY, OR
 OTHER MUNICIPALITY, SECRETARY OF THE WATER BOARD AND THE  AUTHORITY  AND
 PROVED  OR ACKNOWLEDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY
 APPOINT A TRUSTEE TO REPRESENT THE HOLDERS OF SUCH BONDS FOR THE PURPOSE
 HEREIN PROVIDED.
   2. SUCH TRUSTEE MAY AND, UPON WRITTEN REQUEST OF THE HOLDERS OF  TWEN-
 TY-FIVE  PERCENT IN PRINCIPAL AMOUNT OF SUCH BONDS OUTSTANDING, SHALL IN
 HIS, HER OR ITS OWN NAME:
   (A) BY ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRACTICE  LAW
 AND RULES, ENFORCE ALL RIGHTS OF THE BONDHOLDERS, INCLUDING THE RIGHT TO
 REQUIRE  THE AUTHORITY TO REQUIRE THE WATER BOARD TO COLLECT FEES, RATES
 AND CHARGES ADEQUATE TO CARRY OUT ANY AGREEMENT AS  TO,  OR  PLEDGE  OF,
 SUCH  FEES,  RATES AND CHARGES AND TO REQUIRE THE AUTHORITY TO CARRY OUT
 ANY OTHER AGREEMENTS WITH THE WATER BOARD, THE COUNTY, CITY OR ANY MUNI-
 CIPALITY AND/OR THE HOLDERS OF SUCH BONDS TO PERFORM  ITS  DUTIES  UNDER
 THIS TITLE;
   (B) BRING AN ACTION OR PROCEEDING UPON SUCH BONDS;
   (C) BY ACTION OR PROCEEDING, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT
 WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS;
   (D)  BY  ACTION  OR PROCEEDING, ENJOIN ANY ACTS OR THINGS WHICH MAY BE
 UNLAWFUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AND
   (E) DECLARE ALL SUCH BONDS DUE AND PAYABLE, AND IF ALL DEFAULTS  SHALL
 BE  MADE  GOOD,  THEN  WITH  THE  CONSENT  OF THE HOLDERS OF TWENTY-FIVE
 PERCENT OF THE PRINCIPAL AMOUNT OF SUCH BONDS  THEN  OUTSTANDING,  ANNUL
 SUCH DECLARATION AND ITS CONSEQUENCES.
   3.  SUCH  TRUSTEE  SHALL IN ADDITION TO THE FOREGOING HAVE AND POSSESS
 ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
 TIONS SPECIFICALLY SET FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESEN-
 TATION OF BONDHOLDERS IN THE ENFORCEMENT AND PROTECTION OF THEIR RIGHTS.
   4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY ACTION OR PROCEED-
 ING BY THE TRUSTEE ON BEHALF OF SUCH BONDHOLDERS.
   5. BEFORE DECLARING THE PRINCIPAL OF BONDS DUE AND PAYABLE, THE  TRUS-
 TEE SHALL FIRST GIVE THIRTY DAYS NOTICE IN WRITING TO THE AUTHORITY.
   6.  ANY SUCH TRUSTEE, WHETHER OR NOT THE ISSUE OF BONDS REPRESENTED BY
 SUCH TRUSTEE HAS BEEN DECLARED DUE AND PAYABLE, SHALL BE ENTITLED AS  OF
 RIGHT TO THE APPOINTMENT OF A RECEIVER OF ANY PART OR PARTS OF THE PROP-
 ERTIES  THE  REVENUES OF WHICH ARE PLEDGED FOR THE SECURITY OF THE BONDS
 OF SUCH ISSUE, AND, SUBJECT TO ANY PLEDGE OR AGREEMENT WITH  HOLDERS  OF
 SUCH  BONDS, SUCH RECEIVER MAY ENTER AND TAKE POSSESSION OF SUCH PART OR
 PARTS OF THE PROPERTIES AND SHALL TAKE  POSSESSION  OF  ALL  MONEYS  AND
 OTHER  PROPERTY  DERIVED  FROM SUCH PART OR PARTS OF SUCH PROPERTIES AND
 PROCEED WITH ANY CONSTRUCTION THEREON OR THE ACQUISITION OF ANY  PROPER-
 TY,  REAL  OR  PERSONAL,  IN CONNECTION THEREWITH WHICH THE AUTHORITY IS
 UNDER OBLIGATION TO DO, AND TO OPERATE, MAINTAIN  AND  RECONSTRUCT  SUCH
 PART  OR  PARTS  OF  THE PROPERTIES AND COLLECT AND RECEIVE ALL REVENUES
 THEREAFTER ARISING THEREFROM SUBJECT TO ANY PLEDGE THEREOF OR  AGREEMENT
 WITH  BONDHOLDERS  RELATING  THERETO  AND  PERFORM THE PUBLIC DUTIES AND
 CARRY OUT THE AGREEMENTS AND OBLIGATIONS  OF  THE  AUTHORITY  UNDER  THE
 DIRECTION  OF  THE COURT. IN ANY SUIT, ACTION OR PROCEEDING BY THE TRUS-
 TEE, THE FEES, COUNSEL FEES AND EXPENSES  OF  THE  TRUSTEE  AND  OF  THE
 RECEIVER,  IF  ANY, SHALL CONSTITUTE TAXABLE DISBURSEMENTS AND ALL COSTS
 S. 8535                            20
 
 AND DISBURSEMENTS ALLOWED BY THE COURT SHALL BE A FIRST  CHARGE  ON  ANY
 REVENUE DERIVED FROM THE PROPERTIES.
   § 1240-M. LOCAL  GOVERNMENTS,  STATE,  AND  WATER  BOARD NOT LIABLE ON
 BONDS OR NOTES; AUTHORITY LIABLE. NEITHER A COUNTY, CITY, OTHER  MUNICI-
 PALITY,  THE  STATE, OR THE WATER BOARD, OTHER THAN THE AUTHORITY, SHALL
 BE LIABLE ON THE BONDS OF THE AUTHORITY AND SUCH BONDS SHALL  NOT  BE  A
 DEBT  OF  EITHER THE STATE, THE WATER BOARD, OR A COUNTY, CITY, OR OTHER
 MUNICIPALITY, AND EACH SUCH BOND SHALL CONTAIN, ON THE FACE  THEREOF,  A
 STATEMENT TO SUCH EFFECT.
   § 1240-N. LEGAL  INVESTMENTS.  THE  BONDS  OF THE AUTHORITY ARE HEREBY
 MADE SECURITIES IN WHICH ALL PUBLIC OFFICIALS AND BODIES  OF  THE  STATE
 AND  ALL  MUNICIPALITIES,  ALL  INSURANCE COMPANIES AND ASSOCIATIONS AND
 OTHER PERSONS CARRYING ON AN INSURANCE  BUSINESS,  ALL  BANKS,  BANKERS,
 TRUST  COMPANIES,  SAVINGS  BANKS  AND  SAVINGS  ASSOCIATIONS, INCLUDING
 SAVINGS AND LOAN ASSOCIATIONS, BUILDING AND LOAN  ASSOCIATIONS,  INVEST-
 MENT  COMPANIES  AND  OTHER  PERSONS CARRYING ON A BANKING BUSINESS, AND
 ADMINISTRATORS, GUARDIANS, EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES AND
 ALL OTHER PERSONS WHATSOEVER, WHO ARE NOT OR MAY HEREAFTER BE AUTHORIZED
 TO INVEST IN BONDS OR OTHER OBLIGATIONS OF THE STATE, MAY  PROPERLY  AND
 LEGALLY  INVEST FUNDS INCLUDING CAPITAL IN THEIR CONTROL OR BELONGING TO
 THEM.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE BONDS  ARE
 ALSO  HEREBY  MADE  SECURITIES  WHICH  MAY  BE DEPOSITED WITH AND MAY BE
 RECEIVED BY ALL PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICI-
 PALITIES FOR ANY PURPOSES FOR WHICH THE DEPOSIT OF BONDS OR OTHER  OBLI-
 GATIONS OF THIS STATE ARE NOW OR HEREAFTER MAY BE AUTHORIZED.
   § 1240-O. MONEYS  OF  THE  AUTHORITY. ALL MONEYS OF THE AUTHORITY FROM
 WHATEVER SOURCE DERIVED SHALL BE PAID TO THE TREASURER OF THE  AUTHORITY
 AND SHALL BE DEPOSITED FORTHWITH IN A BANK OR TRUST COMPANY IN THE STATE
 DESIGNATED  BY  THE GOVERNING BODY. THE MONEYS IN SUCH ACCOUNTS SHALL BE
 PAID OUT ON CHECK OF THE TREASURER UPON  REQUISITION  BY  THE  GOVERNING
 BODY  OR  OF  SUCH  OTHER  PERSON  OR  PERSONS AS THE GOVERNING BODY MAY
 AUTHORIZE TO MAKE SUCH REQUISITIONS. ALL DEPOSITS OF SUCH  MONEYS  SHALL
 BE  SECURED  BY  OBLIGATIONS  OF  THE UNITED STATES OR OF THE STATE OF A
 MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT ON DEPOSIT AND  ALL  BANKS
 AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR SUCH DEPOS-
 ITS. TO THE EXTENT PRACTICABLE, CONSISTENT WITH THE CASH REQUIREMENTS OF
 THE  AUTHORITY,  ALL  SUCH MONEYS SHALL BE DEPOSITED IN INTEREST BEARING
 ACCOUNTS. THE AUTHORITY SHALL HAVE POWER, NOTWITHSTANDING THE PROVISIONS
 OF THIS SECTION, TO CONTRACT WITH THE HOLDERS OF ANY  BONDS  AS  TO  THE
 CUSTODY,  COLLECTION,  SECURITY, INVESTMENT AND PAYMENT OF ANY MONEYS OF
 THE AUTHORITY OR ANY MONEYS HELD IN TRUST OR OTHERWISE FOR  THE  PAYMENT
 OF  BONDS  OR  IN  ANY  WAY  TO  SECURE BONDS, AND TO CARRY OUT ANY SUCH
 CONTRACT NOTWITHSTANDING THAT SUCH CONTRACT MAY BE INCONSISTENT WITH THE
 PROVISIONS OF THIS SECTION. MONEYS HELD IN TRUST OR  OTHERWISE  FOR  THE
 PAYMENT  OF  BONDS  OR  IN  ANY  WAY TO SECURE BOND AND DEPOSITS OF SUCH
 MONEYS MAY BE SECURED IN THE SAME MANNER AS MONEYS OF THE AUTHORITY  AND
 ALL  BANKS  AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SUCH SECURITY FOR
 SUCH DEPOSITS. ANY MONEYS OF THE AUTHORITY NOT  REQUIRED  FOR  IMMEDIATE
 USE OR DISBURSEMENT MAY, AT THE DISCRETION OF THE AUTHORITY, BE INVESTED
 IN  THOSE  OBLIGATIONS  SPECIFIED  PURSUANT TO THE PROVISIONS OF SECTION
 NINETY-EIGHT-A OF THE STATE FINANCE LAW. SUBJECT TO  THE  PROVISIONS  OF
 ANY  CONTRACT WITH BONDHOLDERS AND WITH THE APPROVAL OF THE COMPTROLLER,
 THE AUTHORITY SHALL PRESCRIBE A SYSTEM OF ACCOUNTS.
   § 1240-P. AGREEMENT OF THE STATE. THE STATE DOES HEREBY PLEDGE TO  AND
 AGREE  WITH THE HOLDERS OF ANY BONDS ISSUED BY THE AUTHORITY PURSUANT TO
 THIS TITLE AND WITH THOSE PERSONS OR PUBLIC CORPORATIONS WHO  MAY  ENTER
 S. 8535                            21
 
 INTO  CONTRACTS  WITH  THE AUTHORITY OR THE WATER BOARD, PURSUANT TO THE
 PROVISIONS OF THIS TITLE THAT THE STATE WILL NOT ALTER, LIMIT OR  IMPAIR
 THE  RIGHTS  HEREBY  VESTED  IN  THE  AUTHORITY  OR  THE  WATER BOARD TO
 PURCHASE,  CONSTRUCT, OWN AND OPERATE, MAINTAIN, REPAIR, IMPROVE, RECON-
 STRUCT, RENOVATE, REHABILITATE, ENLARGE, INCREASE AND EXTEND, OR DISPOSE
 OF ANY PROJECT, OR ANY PART OR PARTS THEREOF  FOR  WHICH  BONDS  OF  THE
 AUTHORITY SHALL HAVE BEEN ISSUED, TO ESTABLISH AND COLLECT RATES, RENTS,
 FEES  AND  OTHER CHARGES REFERRED TO IN THIS TITLE, TO FULFILL THE TERMS
 OF ANY CONTRACTS OR AGREEMENTS MADE WITH OR FOR THE BENEFIT OF THE HOLD-
 ERS OF BONDS OR WITH ANY PERSON OR PUBLIC CORPORATION WITH REFERENCE  TO
 SUCH  PROJECT  OR  PART  THEREOF, OR IN ANY WAY TO IMPAIR THE RIGHTS AND
 REMEDIES OF THE HOLDERS OF BONDS, UNTIL THE BONDS, TOGETHER WITH  INTER-
 EST  THEREON, INCLUDING INTEREST ON ANY UNPAID INSTALLMENTS OF INTEREST,
 AND ALL COSTS AND EXPENSES IN CONNECTION WITH ANY ACTION  OR  PROCEEDING
 BY  OR  ON  BEHALF OF THE HOLDERS OF BONDS, ARE FULLY MET AND DISCHARGED
 AND SUCH CONTRACTS ARE FULLY PERFORMED ON THE PART OF THE  AUTHORITY  OR
 THE  WATER  BOARD,  AS  THE  CASE MAY BE. THE AUTHORITY IS AUTHORIZED TO
 INCLUDE THIS PLEDGE AND AGREEMENT OF THE STATE IN ANY AGREEMENT WITH THE
 HOLDERS OF BONDS.
   § 1240-Q. EXEMPTION FROM TAXES, ASSESSMENTS AND CERTAIN FEES. 1. IT IS
 HEREBY DETERMINED THAT THE CREATION OF THE AUTHORITY AND THE WATER BOARD
 AND THE CARRYING OUT OF THEIR CORPORATE PURPOSES IS IN ALL RESPECTS  FOR
 THE BENEFIT OF THE PEOPLE OF THE UPSTATE NEW YORK REGION AND IS A PUBLIC
 PURPOSE,  AND  THE  AUTHORITY  AND  THE WATER BOARD SHALL BE REGARDED AS
 PERFORMING  GOVERNMENTAL  FUNCTIONS  IN  THE  EXERCISE  OF  THE   POWERS
 CONFERRED UPON EACH BY THIS TITLE, AND THE AUTHORITY AND THE WATER BOARD
 SHALL  NOT BE REQUIRED TO PAY ANY FEES, TAXES, SPECIAL AD VALOREM LEVIES
 OR ASSESSMENTS, WHETHER STATE OR LOCAL, INCLUDING  BUT  NOT  LIMITED  TO
 FEES,  TAXES, SPECIAL AD VALOREM LEVIES OR ASSESSMENTS ON REAL PROPERTY,
 FRANCHISE TAXES, SALES TAXES OR OTHER EXCISE TAXES,  UPON  ANY  PROPERTY
 OWNED  BY  THEM  OR UNDER THEIR JURISDICTION, CONTROL OR SUPERVISION, OR
 UPON THE USES THEREOF, OR UPON THEIR ACTIVITIES  IN  THE  OPERATION  AND
 MAINTENANCE  OF  THEIR  FACILITIES  OR ANY FARES, TOLLS, RENTALS, RATES,
 CHARGES, FEES, REVENUES OR OTHER INCOME RECEIVED BY THE AUTHORITY OR THE
 WATER BOARD. THE AUTHORITY AND THE WATER BOARD SHALL  AT  ALL  TIMES  BE
 EXEMPT  FROM ANY FILING, MORTGAGE RECORDING OR TRANSFER FEES OR TAXES IN
 RELATION TO INSTRUMENTS FILED, RECORDED OR TRANSFERRED  BY  THEM  OR  ON
 THEIR  BEHALF.  THE  CONSTRUCTION,  USE, OCCUPATION OR POSSESSION OF ANY
 PROPERTY OWNED BY THE AUTHORITY OR THE WATER BOARD,  INCLUDING  IMPROVE-
 MENTS  THEREON, BY ANY PERSON OR PUBLIC CORPORATION UNDER A LEASE, LEASE
 AND SUBLEASE OR ANY OTHER AGREEMENT SHALL NOT  OPERATE  TO  ABROGATE  OR
 LIMIT  THE  FOREGOING  EXEMPTION, NOTWITHSTANDING THAT THE LESSEE, USER,
 OCCUPANT OR PERSON IN  POSSESSION  SHALL  CLAIM  OWNERSHIP  FOR  FEDERAL
 INCOME TAX PURPOSES.
   2.  ANY  BONDS  ISSUED PURSUANT TO THIS TITLE TOGETHER WITH THE INCOME
 THEREFROM AS WELL AS THE PROPERTY OF THE AUTHORITY OR  THE  WATER  BOARD
 SHALL  AT ALL TIMES BE EXEMPT FROM TAXES, EXCEPT FOR TRANSFER AND ESTATE
 TAXES. THE STATE HEREBY COVENANTS  WITH  THE  PURCHASERS  AND  WITH  ALL
 SUBSEQUENT  HOLDERS  AND  TRANSFEREES  OF  BONDS ISSUED BY THE AUTHORITY
 PURSUANT TO THIS TITLE,  IN  CONSIDERATION  OF  THE  ACCEPTANCE  OF  AND
 PAYMENT  FOR  THE BONDS, THAT THE BONDS OF THE AUTHORITY ISSUED PURSUANT
 TO THIS TITLE AND THE INCOME THEREFROM AND  ALL  REVENUES,  MONIES,  AND
 OTHER  PROPERTY PLEDGED TO SECURE THE PAYMENT OF SUCH BONDS SHALL AT ALL
 TIMES BE FREE FROM TAXATION, EXCEPT FOR TRANSFER AND ESTATE TAXES.
   3. NOTWITHSTANDING ANY PROVISION IN THIS SECTION TO THE CONTRARY,  THE
 WATER  BOARD  MAY PAY, OR MAY ENTER INTO AGREEMENTS WITH A COUNTY, CITY,
 S. 8535                            22
 
 OR OTHER MUNICIPALITY TO PAY, A SUM OR SUMS, ANNUALLY OR  OTHERWISE,  OR
 TO  PROVIDE  OTHER CONSIDERATIONS TO SUCH COUNTY, CITY, OR MUNICIPALITY,
 WITH RESPECT TO REAL PROPERTY OF THE WATER  BOARD  LOCATED  WITHIN  SUCH
 MUNICIPALITY  AND  PROVIDED  THAT  ANY  SUCH PAYMENT OR AGREEMENT TO PAY
 SHALL BE SUBJECT TO APPROVAL BY THE AUTHORITY.
   4. THE WATER BOARD SHALL NOT BE REQUIRED TO PAY  ANY  TAXES  OR  OTHER
 GOVERNMENTAL  FEES OR CHARGES, WHETHER IMPOSED BY THE STATE OR ANY COUN-
 TY, CITY, OR OTHER MUNICIPALITY, INCLUDING,  WITHOUT  LIMITATION,  FRAN-
 CHISE  TAXES,  SALES  TAXES  OR  OTHER EXCISE TAXES, OR ANY OTHER TAX OR
 CHARGE UPON ITS PROPERTY OR ACTIVITIES OR UPON ANY OF  ITS  REVENUES  OR
 OTHER INCOME.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, ANY PAYMENT BY
 THE  WATER BOARD IN LIEU OF TAX PAYMENTS DESCRIBED IN THIS SECTION SHALL
 BE SUBORDINATE TO ANY OTHER PAYMENTS REQUIRED TO BE MADE TO THE AUTHORI-
 TY PURSUANT TO THIS TITLE, INCLUDING, WITHOUT LIMITATION, THE PAYMENT OF
 SUMS TO THE AUTHORITY OR TO ANY TRUSTEE REPRESENTING THE HOLDERS OF  ANY
 BONDS ISSUED BY THE AUTHORITY.
   § 1240-R. PAYMENT  IN LIEU OF TAXES. EACH YEAR AFTER PROPERTY THERETO-
 FORE OWNED BY A COUNTY, CITY, OR OTHER MUNICIPALITY IS ACQUIRED  BY  THE
 AUTHORITY OR WATER BOARD BY ANY MEANS AUTHORIZED BY THIS TITLE AND, AS A
 CONSEQUENCE, IS REMOVED FROM THE TAX ROLLS, THE AUTHORITY OR WATER BOARD
 SHALL  MAKE  PAYMENTS  IN LIEU OF TAXES TO SUCH COUNTY, CITY, OR MUNICI-
 PALITY AND ANY SCHOOL DISTRICTS THEREIN EQUAL TO THE TAXES  AND  ASSESS-
 MENTS  WHICH  WOULD  HAVE  BEEN  RECEIVED FROM YEAR TO YEAR BY EACH SUCH
 JURISDICTION IF SUCH ACQUISITION HAD NOT OCCURRED.
   § 1240-S. REPAYMENT OF STATE APPROPRIATIONS. ALL  APPROPRIATIONS  MADE
 BY  THE STATE TO THE AUTHORITY SHALL BE TREATED AS ADVANCES BY THE STATE
 TO THE AUTHORITY, AND SHALL BE REPAID TO IT WITHOUT INTEREST EITHER  OUT
 OF  THE  PROCEEDS  OF  BONDS  ISSUED  BY  THE  AUTHORITY PURSUANT TO THE
 PROVISIONS OF THIS TITLE, OR BY THE  DELIVERY  OF  NON-INTEREST  BEARING
 BONDS  OF  THE  AUTHORITY  TO  THE  STATE  FOR  ALL  OR ANY PART OF SUCH
 ADVANCES, OR OUT OF EXCESS REVENUES OF THE AUTHORITY, AT SUCH TIMES  AND
 ON  SUCH  CONDITIONS  AS  THE STATE AND THE AUTHORITY MUTUALLY MAY AGREE
 UPON.
   § 1240-T. AUDIT AND ANNUAL REPORTS. IN CONFORMITY WITH THE  PROVISIONS
 OF  SECTION FIVE OF ARTICLE TEN OF THE CONSTITUTION, THE ACCOUNTS OF THE
 WATER BOARD AND OF THE AUTHORITY SHALL BE SUBJECT TO THE SUPERVISION  OF
 THE COMPTROLLER AND AN ANNUAL AUDIT SHALL BE PERFORMED BY AN INDEPENDENT
 CERTIFIED  ACCOUNTANT.  THE WATER BOARD AND THE AUTHORITY SHALL ANNUALLY
 SUBMIT TO THE GOVERNOR AND COMPTROLLER AND TO THE  STATE  LEGISLATURE  A
 DETAILED  REPORT  PURSUANT  TO  THE  PROVISIONS  OF SECTION TWENTY-EIGHT
 HUNDRED OF THIS CHAPTER, AND A COPY OF SUCH REPORT SHALL BE  FILED  WITH
 THE CLERK OF ANY COUNTY, CITY, OR OTHER MUNICIPALITY IN THE SERVICE AREA
 WITH  WHICH  THE WATER BOARD HAS AGREED TO PRODUCE, DEVELOP, DISTRIBUTE,
 SELL OR OTHERWISE MANAGE WATER AND/OR WASTEWATER  SERVICES  PURSUANT  TO
 THIS TITLE.
   § 1240-U. AUTHORITY  SUBJECT TO OPEN MEETINGS LAW. THE AUTHORITY SHALL
 BE SUBJECT TO THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW
 RELATING TO THE OPEN MEETINGS LAW.
   § 1240-V. ACTIONS AGAINST THE WATER BOARD AND AUTHORITY. 1. EXCEPT  IN
 AN  ACTION  FOR WRONGFUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE
 PROSECUTED OR MAINTAINED AGAINST EITHER THE WATER BOARD OR THE AUTHORITY
 OR THEIR MEMBERS, OFFICERS OR EMPLOYEES FOR PERSONAL INJURY OR DAMAGE TO
 REAL OR PERSONAL PROPERTY ALLEGED TO HAVE BEEN SUSTAINED  BY  REASON  OF
 THE  NEGLIGENCE,  TORT  OR WRONGFUL ACT OF EITHER THE WATER BOARD OR THE
 AUTHORITY OR OF ANY MEMBER, OFFICER, AGENT OR EMPLOYEE  THEREOF,  UNLESS
 S. 8535                            23
 
 (A)  A  NOTICE  OF  CLAIM SHALL HAVE BEEN MADE AND SERVED UPON THE WATER
 BOARD OR THE AUTHORITY, AS THE  CASE  MAY  BE,  WITHIN  THE  TIME  LIMIT
 PRESCRIBED  BY  LAW,  (B) IT SHALL APPEAR BY AND AS AN ALLEGATION IN THE
 COMPLAINT  OR MOVING PAPERS THAT AT LEAST THIRTY DAYS HAVE ELAPSED SINCE
 THE SERVICE OF SUCH NOTICE AND THAT ADJUSTMENT OR  PAYMENT  THEREOF  HAS
 BEEN  NEGLECTED  OR  REFUSED,  AND  (C) THE ACTION OR SPECIAL PROCEEDING
 SHALL BE COMMENCED WITHIN ONE YEAR AND NINETY DAYS AFTER  THE  HAPPENING
 OF  THE EVENT UPON WHICH THE CLAIM IS BASED. AN ACTION AGAINST THE BOARD
 OR AUTHORITY FOR WRONGFUL DEATH SHALL BE COMMENCED  IN  ACCORDANCE  WITH
 THE  NOTICE  OF  CLAIM AND TIME LIMITATION PROVISIONS OF TITLE ELEVEN OF
 ARTICLE NINE OF THIS CHAPTER.
   2. WHEREVER A NOTICE OF CLAIM IS SERVED UPON THE WATER  BOARD  OR  THE
 AUTHORITY,  THE  WATER BOARD OR THE AUTHORITY, AS THE CASE MAY BE, SHALL
 HAVE THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO  THE
 OCCURRENCE  AND  EXTENT  OF  THE  INJURIES OR DAMAGES FOR WHICH CLAIM IS
 MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
 AL MUNICIPAL LAW.
   3. THE WATER BOARD OR THE AUTHORITY, AS THE CASE MAY BE,  MAY  REQUIRE
 ANY  PERSON  PRESENTING FOR SETTLEMENT AN ACCOUNT OR CLAIM FOR ANY CAUSE
 WHATEVER AGAINST THE WATER BOARD OR THE AUTHORITY, TO BE SWORN BEFORE  A
 MEMBER, COUNSEL, OFFICER OR EMPLOYEE OF THE WATER BOARD OR THE AUTHORITY
 DESIGNATED  FOR  SUCH PURPOSE CONCERNING SUCH ACCOUNT OR CLAIM AND, WHEN
 SO SWORN, TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO SUCH  ACCOUNT  OR
 CLAIM.  THE WATER BOARD OR THE AUTHORITY, AS THE CASE MAY BE, SHALL HAVE
 POWER TO SETTLE OR ADJUST ALL CLAIMS IN FAVOR OF OR  AGAINST  THE  WATER
 BOARD OR THE AUTHORITY, AS THE CASE MAY BE.
   4. ANY ACTION OR PROCEEDING TO WHICH THE AUTHORITY, WATER BOARD OR THE
 PEOPLE  OF  THE STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO
 THE VALIDITY OF THIS TITLE, SHALL BE  PREFERRED  OVER  ALL  OTHER  CIVIL
 CAUSES OF ACTION OR CASES, EXCEPT ELECTION CAUSES OF ACTION OR CASES, IN
 ALL  COURTS OF THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE
 TO ALL OTHER CIVIL BUSINESS  PENDING  THEREIN  EXCEPT  ELECTION  CAUSES,
 IRRESPECTIVE  OF  POSITION ON THE CALENDAR. THE SAME PREFERENCE SHALL BE
 GRANTED UPON APPLICATION OF THE AUTHORITY OR ITS COUNSEL IN  ANY  ACTION
 OR  PROCEEDING  QUESTIONING  THE  VALIDITY  OF  THIS  TITLE IN WHICH THE
 AUTHORITY MAY BE ALLOWED TO INTERVENE. THE VENUE OF ANY SUCH  ACTION  OR
 PROCEEDING SHALL BE LAID IN THE SUPREME COURT OF THE COUNTY IN WHICH THE
 CAUSE OF SUCH ACTION AROSE.
   5. THE RATE OF INTEREST TO BE PAID BY THE WATER BOARD OR THE AUTHORITY
 UPON ANY JUDGMENT FOR WHICH IT IS LIABLE, OTHER THAN A JUDGMENT ON BONDS
 OF  THE AUTHORITY, SHALL BE THE RATE PRESCRIBED BY SECTION FIVE THOUSAND
 FOUR OF THE CIVIL PRACTICE LAW AND RULES. INTEREST ON PAYMENTS OF  PRIN-
 CIPAL  OR  INTEREST  ON ANY BONDS IN DEFAULT SHALL ACCRUE AT THE RATE OR
 RATES SET FORTH IN SUCH BONDS FROM THE DUE DATE THEREOF  UNTIL  PAID  OR
 OTHERWISE SATISFIED.
   § 1240-W. CONFLICTS OF INTEREST. 1. IF ANY MEMBER, OFFICER OR EMPLOYEE
 OF  THE  WATER  BOARD  OR  THE  AUTHORITY SHALL HAVE AN INTEREST, EITHER
 DIRECT OR INDIRECT, IN ANY CONTRACT TO WHICH  THE  WATER  BOARD  OR  THE
 AUTHORITY  IS, OR IS TO BE, A PARTY, SUCH INTEREST SHALL BE DISCLOSED TO
 THE WATER BOARD AND THE AUTHORITY IN WRITING.  THE  MEMBER,  OFFICER  OR
 EMPLOYEE HAVING SUCH INTEREST SHALL NOT PARTICIPATE IN ANY ACTION BY THE
 WATER BOARD OR THE AUTHORITY WITH RESPECT TO SUCH CONTRACT.
   2.  NO  MEMBER,  OFFICER  OR  EMPLOYEE SHALL BE DEEMED TO HAVE SUCH AN
 INTEREST SOLELY BY REASON OF THE OWNERSHIP OF TWO PERCENT OR LESS OF THE
 SECURITIES OF A CORPORATION WHICH IS, OR IS TO BE, A PARTY TO A CONTRACT
 WITH THE WATER BOARD OR THE AUTHORITY, INCLUDING WITHOUT LIMITATION  THE
 S. 8535                            24
 
 HOLDING  COMPANY  OF  ANY  BANKING INSTITUTION IN WHICH THE FUNDS OF THE
 WATER BOARD OR THE AUTHORITY ARE, OR ARE TO BE, DEPOSITED OR  WHICH  IS,
 OR  IS  TO  BE, ACTING AS TRUSTEE OR PAYING AGENT UNDER ANY BOND OR NOTE
 RESOLUTION, TRUST INDENTURE OR SIMILAR INSTRUMENT TO WHICH THE AUTHORITY
 IS A PARTY.
   3.  NOTHING  IN THIS SECTION SHALL BE DEEMED OR CONSTRUED TO LIMIT THE
 RIGHT OF ANY MEMBER, OFFICER OR EMPLOYEE OF THE AUTHORITY TO ACQUIRE  AN
 INTEREST IN BONDS OR NOTES OF THE AUTHORITY.
   § 1240-X. SEVERABILITY.  IF  ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION,
 OR PART OF THIS TITLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
 DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
 DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN  ITS  OPERATION  TO
 THE  CLAUSE,  SENTENCE,  PARAGRAPH, SECTION, OR PART THEREOF INVOLVED IN
 THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
   § 1240-Y. INCONSISTENT PROVISIONS OF OTHER LAWS SUPERSEDED. INSOFAR AS
 THE PROVISIONS OF THIS TITLE ARE INCONSISTENT WITH THE PROVISIONS OF ANY
 OTHER ACT, GENERAL OR SPECIAL, OR OF ANY CHARTER, LOCAL  LAW,  ORDINANCE
 OR RESOLUTION OF ANY MUNICIPALITY, THE PROVISIONS OF THIS TITLE SHALL BE
 CONTROLLING.  NOTHING CONTAINED IN THIS SECTION SHALL BE HELD TO SUPPLE-
 MENT OR OTHERWISE EXPAND THE POWERS OR DUTIES OF THE AUTHORITY OR  WATER
 BOARD OTHERWISE SET FORTH IN THIS TITLE. EXCEPT AS SPECIFICALLY PROVIDED
 FOR  IN  THIS  TITLE, IN THE PERFORMANCE OF ANY OF ITS FUNCTIONS, POWERS
 AND DUTIES, THE AUTHORITY AND THE WATER BOARD SHALL BE  SUBJECT  TO  ALL
 APPLICABLE  GENERAL  OR  SPECIAL  LAWS OF THE STATE, THE COUNTY CHARTER,
 CITY CHARTER AND ANY LOCAL LAW OR ORDINANCE.
   § 2. The sum of one hundred million dollars ($100,000,000), or so much
 thereof as may be necessary, is hereby appropriated to the department of
 state out of moneys in the state treasury in the  general  fund  to  the
 credit  of the New York water authority, not otherwise appropriated, and
 made  immediately  available,  for  the  purpose  of  carrying  out  the
 provisions  of  this  act. Such moneys shall be payable on the audit and
 warrant of the comptroller on vouchers  certified  or  approved  by  the
 secretary of state in the manner prescribed by law.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.