Senate Bill S5018

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

                                  5018

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to providing that
  disputes arising between one or more  municipalities  in  relation  to
  water rates shall be subject to arbitration

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 111 of the general municipal law, as added by chap-
ter 871 of the laws of 1953, is amended to read as follows:
  S 111. Contracts. 1. Two or more municipalities are  hereby  empowered
to  enter  into  a  contract  to  provide  for a common supply of water,
including joint acquisition, construction,  operation  and  maintenance.
Such   contract   shall   provide  for  the  method  of  acquisition  or
construction of the common supply; the management and operation  of  the
system; the method of fixing the proportionate share of each participat-
ing municipality and of making contributions; the method of making annu-
al  adjustments  of  the  proportionate  shares  of  the annual cost and
expense; the method of collection of water rates and other charges,  and
enforcement  thereof;  the  accumulation of reserves; the fixing of rate
schedules and other charges;  the  adoption  of  rules  and  regulations
covering  the  operation  of  the system and the conditions of sale; the
adjudication of disputes, INCLUDING ARBITRATION and  all  other  matters
necessary to effectuate such an arrangement.
  2. AT THE ELECTION OF EITHER PARTY, ANY DISPUTE ARISING BETWEEN ONE OR
MORE MUNICIPALITIES IN RELATION TO WATER RATES SHALL BE SUBJECT TO ARBI-
TRATION  PURSUANT  TO ARTICLE SEVENTY-FIVE OF THE CIVIL PRACTICE LAW AND
RULES.
  S 2. Section 118-a of the general municipal law, as added  by  chapter
870  of the laws of 1953 and as renumbered by chapter 177 of the laws of
1954, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10519-01-3

              

S. 5018                             2

  S 118-a. Contracts. 1. Any municipality authorized herein to develop a
supply of water for sale is hereby empowered to enter into contracts for
such periods as it may deem necessary but not in excess of forty  years.
Such  contracts  [may]  SHALL  contain  provisions for establishment and
revision  of  charges for water, for adjudication of disputes, INCLUDING
ARBITRATION and, in return for a guaranteed minimum consumption  by  the
purchaser,  for  the  application  of conservation methods by the seller
when necessary to preserve such excess.
  2. AT THE ELECTION OF EITHER PARTY, ANY DISPUTE ARISING BETWEEN ONE OR
MORE MUNICIPALITIES IN RELATION TO WATER RATES SHALL BE SUBJECT TO ARBI-
TRATION PURSUANT TO ARTICLE SEVENTY-FIVE OF THE CIVIL PRACTICE  LAW  AND
RULES.
  S 3. This act shall take effect immediately.