S T A T E O F N E W Y O R K
________________________________________________________________________
762
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the powers of
the Monroe county water authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6-a of section 1096 of the public authorities
law, as amended by chapter 411 of the laws of 2002, is amended to read
as follows:
6-a. [The authority shall not exercise any of the powers granted in
subdivisions four and six of this section with respect to the acquisi-
tion, purchase, leasing, construction, or development of property
outside of the county without first having obtained the prior approval
of such purchase, leasing, acquisition, construction, or development of
such property outside of the county by resolution of the legislative
body of the municipality wherein the affected property outside of the
county is located.] Notwithstanding any inconsistent provision of any
general, special, or local law, ordinance, resolution, or charter, any
public corporation or improvement district thereof may, by a majority
vote of its governing body, give, grant, sell, convey, lend, license the
use of, or lease to the authority any property or facilities, including
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
property incidental to and included in such system or part thereof, and
any improvements, extensions, and betterments for the purpose of supply-
ing water for domestic, commercial, industrial and public purposes,
which property or facilities are useful in connection with the exercise
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03237-01-1
A. 762 2
by the authority of its powers under this title. Any such gift, grant,
sale, conveyance, loan, license, or lease shall be upon such terms and
conditions, and for such term or terms of years, subject to the rights
of the holders of any bonds, as the authority and such public corpo-
ration or improvement district thereof may agree. Any such gift, grant,
sale, conveyance, loan, license, or lease shall not be subject to refer-
endum, permissive or mandatory. In the event that any public corporation
or improvement district thereof gives, grants, sells, conveys, lends,
licenses the use of, or leases any water supply system, water distrib-
ution system, or other improvements, extension or betterments for the
purpose of supplying water, to the authority, such public corporation or
improvement district thereof may contract with the authority to lease,
borrow, license, operate, maintain, manage, and provide services for
such facilities upon such terms and conditions, and for such term or
terms of years, subject to the rights of holders of bonds, as the
authority and such public corporation or improvement district thereof
may agree. The authority, in furtherance of any purchase, conveyance, or
lease of any property or facility from any public corporation or
improvement district thereof, may assume the primary responsibility for
the payment of the principal and interest on any bonds or notes issued
by such public corporation or improvement district thereof for such
property or facility. For purposes of section 136.00 of the local
finance law, any agreement by the authority to assume the primary
responsibility for the payment of the principal and interest on any
bonds or notes issued by any such public corporation or improvement
district thereof shall, so long as such agreement shall continue to be
honored by the authority, cause such bonds or notes to be deemed to have
been refunded, and any such public corporation or improvement district
thereof may deduct from its gross indebtedness any outstanding indebt-
edness contracted for such property or facility to be acquired by the
authority. The net proceeds of any purchase, conveyance, or lease of any
property or facility from a public corporation or improvement district
thereof may be used by such public corporation or improvement district
thereof for any general or specific public use;
S 2. This act shall take effect immediately.