S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6473
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 30, 2021
                                ___________
 
 Introduced by Sens. GAUGHRAN, KAMINSKY, BROOKS -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Corpo-
   rations, Authorities and Commissions
 
 AN ACT in relation to the assessment of property  owned  by  water-works
   corporations;  and to amend the public authorities law and the general
   municipal law, in relation to creating the Nassau county water author-
   ity
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Long Island water utility reform act".
   § 2. The taxable assessed valuation of any water system special  fran-
 chise  property, as defined in subdivision 17 of section 102 of the real
 property tax law, that is used for conducting water, including, but  not
 limited  to,  such replacement property in form, function and utility of
 the property being replaced, shall be subject to the  following  limita-
 tions:
   (a)  the  taxable assessed valuation of such property on final assess-
 ment rolls required by law to be completed, and filed in 2021 shall  not
 exceed  sixty-six percent of the taxable assessed valuation of such real
 property on final assessment rolls required by law to be  completed  and
 filed in 2020;
   (b)  the  taxable assessed valuation of such property on final assess-
 ment rolls required by law to be completed and filed in 2022  shall  not
 exceed  thirty-three  percent  of the taxable assessed valuation of such
 real property on final assessment rolls required by law to be  completed
 and filed in 2020; and
   (c)  such  property  shall be exempt from taxation on final assessment
 rolls required by law to be completed and filed after 2022.
   Provided, however, that notwithstanding  any  provision  of  the  real
 property  tax  law  to  the  contrary,  the commissioner of taxation and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03780-10-1

 S. 6473                             2
 
 finance shall be authorized and directed to correct  the  final  special
 franchise  assessments  certified for final assessment rolls required by
 law to be completed and filed in 2021 to take account of the  provisions
 of  this section, without providing advance notice thereof or conducting
 a hearing thereon. Upon receipt of the commissioner's corrected  certif-
 ication,  the  assessor  shall be authorized and directed to correct the
 2021 final assessment roll accordingly. The commissioner shall determine
 special franchise assessments in accordance with the provisions of  this
 section  for  final assessment rolls required by law to be completed and
 filed after 2021.
   § 3. Any reduction in the taxable assessed value or removal of proper-
 ty in any taxing jurisdiction resulting from section  two  of  this  act
 shall  not  be  reflected  in any determinations or adjustments required
 pursuant to articles 18 or 19 of the real property  tax  law;  provided,
 however,  that  an  amount  of  taxable assessed value equivalent to any
 reduction in the taxable assessed value  in  any  class  in  any  taxing
 jurisdiction  resulting  from  section two of this act shall be added to
 the total taxable assessed value of such class in such taxing  jurisdic-
 tion,  as  adjusted  to  take  into  account  any change in the level of
 assessment of the class, except that no such amount shall  be  added  to
 the  taxable assessed value of such class when determining the tax rates
 for such class. The department of public service and the public  service
 commission  shall ensure that, to the extent this section results in (a)
 a shift in property taxes associated with a gas or electric plant  owned
 by a gas or electric corporation having gross revenues in excess of $500
 million  and  serving customers residing in either New York city or Long
 Island; or (b) a shift in payments in lieu of taxes  owed  by  the  Long
 Island  power  authority,  any associated rate impacts shall be borne by
 customers of such corporation or authority residing  in  Nassau  county,
 and not residing in Suffolk county or New York city.
   §  4. Any tax relief realized by section two of this act shall be used
 to reduce current water rates and offset future water rate increases.
   § 5. The provisions of this act shall only apply to water-works corpo-
 rations that are subject to the jurisdiction  of  the  New  York  public
 service  commission  and  operating in a county with a population of one
 million or more that has a four-class property tax system.
   § 6. Article 5 of the public authorities law is amended  by  adding  a
 new title 4-A to read as follows:
                                  TITLE 4-A
                       NASSAU COUNTY WATER AUTHORITY
 SECTION 1092-A. SHORT TITLE.
         1092-B. DEFINITIONS.
         1092-C. NASSAU COUNTY WATER AUTHORITY.
         1092-D. POWERS OF THE AUTHORITY.
         1092-E. MISCELLANEOUS REQUIREMENTS.
         1092-F.  ADDITIONAL POWERS OF THE COUNTY OF NASSAU AND TOWNS AND
                   VILLAGES WITHIN NASSAU COUNTY.
         1092-G. ACQUISITION BY EMINENT DOMAIN.
         1092-H. CHARGES BY AUTHORITY; METHOD OF COLLECTION.
         1092-I. SURVEY OF WATER RESOURCES.
         1092-J. BONDS.
         1092-K. NOTES OF THE AUTHORITY.
         1092-L. BONDS AS LEGAL INVESTMENTS.
         1092-M. BONDS AND PROPERTY OF THE AUTHORITY  EXEMPT  FROM  TAXA-
                   TION.
         1092-N. STATE, COUNTY AND MUNICIPALITIES NOT LIABLE ON BONDS.

 S. 6473                             3
 
         1092-O. AGREEMENTS OF THE STATE.
         1092-P. CONTRACTS FOR SALE OF WATER WHOLESALE.
         1092-Q. AUDIT OF AUTHORITY; ANNUAL REPORT.
         1092-R. INTEREST IN CONTRACTS PROHIBITED.
         1092-S. CONTRACTS.
         1092-T. ACTIONS.
         1092-U. EXPENSES OF HEARING.
         1092-V. TRANSFER OF OFFICERS AND EMPLOYEES.
         1092-W. SEVERABILITY.
   §  1092-A.  SHORT TITLE. THIS TITLE MAY BE CITED AS THE "NASSAU COUNTY
 WATER AUTHORITY ACT".
   § 1092-B. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS  A
 DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
   1.  THE TERM "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION
 ONE THOUSAND NINETY-TWO-C OF THIS TITLE;
   2. THE TERM "MUNICIPALITY" SHALL MEAN ANY COUNTY, CITY, TOWN, VILLAGE,
 TOWN WATER DISTRICT, FIRE DISTRICT, FIRE PROTECTION DISTRICT, FIRE ALARM
 DISTRICT, SCHOOL DISTRICT, AND ANY OTHER POLITICAL  SUBDIVISION  OF  THE
 STATE;
   3.  THE  TERM  "BONDS"  SHALL  MEAN  THE BONDS ISSUED BY THE AUTHORITY
 PURSUANT TO THIS TITLE; AND
   4. THE TERM "CIVIL SERVICE COMMISSION" SHALL MEAN  THE  CIVIL  SERVICE
 COMMISSION OF THE COUNTY OF NASSAU.
   § 1092-C. NASSAU COUNTY WATER AUTHORITY. 1. THE CORPORATE EXISTENCE OF
 THE NASSAU COUNTY WATER AUTHORITY SHALL BE A BODY CORPORATE AND POLITIC,
 CONSTITUTING  A  PUBLIC  BENEFIT  CORPORATION. IT SHALL CONSIST OF SEVEN
 MEMBERS ALL OF WHOM SHALL BE RESIDENTS OF THE COUNTY OF NASSAU AND  WHOM
 SHALL  BE  APPOINTED AS FOLLOWS: FOUR MEMBERS, INCLUDING THE CHAIRPERSON
 OF SUCH AUTHORITY, TO BE APPOINTED BY THE COUNTY EXECUTIVE; TWO  MEMBERS
 TO  BE  APPOINTED  BY THE MAJORITY LEADER OF THE COUNTY LEGISLATURE; AND
 ONE MEMBER TO BE APPOINTED BY THE MINORITY LEADER OF THE COUNTY LEGISLA-
 TURE.  THE CHAIRPERSON SHALL SERVE FOR AN INITIAL TERM  OF  FIVE  YEARS.
 ONE  MEMBER APPOINTED BY THE COUNTY EXECUTIVE SHALL SERVE FOR AN INITIAL
 TERM OF ONE YEAR, ONE MEMBER APPOINTED BY THE  MAJORITY  LEADER  OF  THE
 COUNTY  LEGISLATURE  SHALL  SERVE  FOR  AN INITIAL TERM OF ONE YEAR, THE
 SECOND MEMBER APPOINTED BY THE MAJORITY LEADER OF THE COUNTY LEGISLATURE
 SHALL SERVE FOR AN INITIAL TERM OF TWO YEARS, AND ONE  MEMBER  APPOINTED
 BY  THE  MINORITY  LEADER  OF  THE COUNTY LEGISLATURE SHALL SERVE FOR AN
 INITIAL TERM OF TWO YEARS. ALL REMAINING INITIAL MEMBERS, OTHER THAN THE
 CHAIRPERSON, SHALL SERVE FOR A TERM OF  THREE  YEARS.  THEREAFTER,  UPON
 EXPIRATION  OF  THE TERM OF A MEMBER OF THE AUTHORITY, A SUCCESSOR SHALL
 BE APPOINTED FOR A TERM EXPIRING THREE YEARS AFTER THE EXPIRATION OF THE
 TERM OF THE PREDECESSOR, AND FOR A TERM EXPIRING FIVE  YEARS  AFTER  THE
 EXPIRATION  OF  THE  TERM  OF  THE PREDECESSOR FOR THE CHAIRPERSON.  ALL
 INITIAL APPOINTMENTS OF MEMBERS OF  SUCH  AUTHORITY  SHALL  BE  MADE  BY
 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-ONE.    ALL MEMBERS SHALL
 CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSORS ARE APPOINTED AND  QUALI-
 FY.    VACANCIES,  OCCURRING  OTHERWISE  THAN  BY  EXPIRATION OF TERM OF
 OFFICE, SHALL BE  FILLED  BY  APPOINTMENTS  MADE  FOR  UNEXPIRED  TERMS.
 APPOINTMENTS  TO  FILL  EXPIRED AND UNEXPIRED TERMS SHALL BE MADE WITHIN
 SIXTY DAYS AFTER THE VACANCY OCCURS.  MEMBERS OF THE  AUTHORITY  MAY  BE
 REMOVED  FROM  OFFICE FOR THE SAME REASONS AND IN THE SAME MANNER AS MAY
 BE PROVIDED BY LAW FOR THE  REMOVAL  OF  OFFICERS  OF  THE  COUNTY.  THE
 MEMBERS  OF  THE  AUTHORITY  SHALL  RECEIVE  SUCH COMPENSATION FOR THEIR
 SERVICES AS SHALL BE FIXED AS SPECIFIED BY THE COUNTY LEGISLATURE AND BE
 REIMBURSED FOR ALL EXPENSES INCURRED IN CONNECTION WITH THE CARRYING OUT

 S. 6473                             4
 
 OF THE PURPOSES OF THIS TITLE. THE POWERS  OF  THE  AUTHORITY  SHALL  BE
 VESTED  IN  AND BE EXERCISED BY THE MEMBERS AT A MEETING DULY CALLED AND
 HELD AND FIVE MEMBERS SHALL CONSTITUTE A  QUORUM.  NO  ACTION  SHALL  BE
 TAKEN  EXCEPT  PURSUANT  TO THE FAVORABLE VOTE OF AT LEAST FOUR MEMBERS.
 THE AUTHORITY MAY DELEGATE TO ONE OR  MORE  OF  ITS  MEMBERS,  OFFICERS,
 AGENTS  OR  EMPLOYEES SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER.  THE
 CORPORATE EXISTENCE OF SUCH AUTHORITY SHALL CONTINUE UNTIL  ITS  LIABIL-
 ITIES  HAVE  BEEN MET AND ITS BONDS HAVE BEEN PAID IN FULL. UPON CEASING
 TO EXIST, ALL ITS RIGHTS AND  PROPERTY  SHALL  PASS  TO  THE  COUNTY  OF
 NASSAU.
   2.  NEITHER  THE  PUBLIC  SERVICE  COMMISSION  NOR  ANY OTHER BOARD OR
 COMMISSION OF LIKE CHARACTER, SHALL HAVE JURISDICTION OVER THE AUTHORITY
 IN THE MANAGEMENT AND CONTROL OF ITS PROPERTIES  OR  OPERATIONS  OR  ANY
 POWER  OVER  THE  REGULATION  OF RATES FIXED OR CHARGES COLLECTED BY THE
 AUTHORITY.
   3. IT IS HEREBY DETERMINED AND DECLARED THAT  THE  AUTHORITY  AND  THE
 CARRYING  OUT OF ITS POWERS, PURPOSES AND DUTIES ARE IN ALL RESPECTS FOR
 THE BENEFIT OF THE PEOPLE OF THE COUNTY OF NASSAU AND THE STATE  OF  NEW
 YORK,  FOR  THE  IMPROVEMENT OF THEIR HEALTH, WELFARE AND PROSPERITY AND
 THAT THE SAID PURPOSES ARE PUBLIC PURPOSES AND THAT THE AUTHORITY IS AND
 WILL BE PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE EXERCISE OF
 THE POWERS CONFERRED UPON IT BY THIS TITLE.
   4. IN THE EVENT THAT THE AUTHORITY DOES NOT COMMENCE  SUPPLYING  WATER
 TO  RETAIL OR WHOLESALE CUSTOMERS WITHIN THE COUNTY OF NASSAU WITHIN TEN
 YEARS OF THE EFFECTIVE DATE OF THIS TITLE, THE AUTHORITY SHALL CEASE  TO
 EXIST  AND THE PROVISIONS OF THIS TITLE SHALL BE OF NO FURTHER FORCE AND
 EFFECT, SUBJECT TO THE TERMS OF ANY BONDS, NOTES  OR  OTHER  DEBT  OBLI-
 GATIONS THEN OUTSTANDING.
   5.  UNTIL  THE AUTHORITY COMMENCES SUPPLYING WATER TO RETAIL OR WHOLE-
 SALE CUSTOMERS WITHIN THE COUNTY OF NASSAU, THE  AUTHORITY  MAY  REQUEST
 AND  SHALL RECEIVE, TO THE EXTENT PRACTICABLE, SUCH TECHNICAL ASSISTANCE
 FROM THE DEPARTMENT OF PUBLIC SERVICE AS WILL ENABLE  THE  AUTHORITY  TO
 CARRY OUT ITS POWERS AND DUTIES UNDER THIS CHAPTER.
   §  1092-D.  POWERS OF THE AUTHORITY. 1. EXCEPT AS OTHERWISE LIMITED BY
 THIS TITLE, THE AUTHORITY SHALL HAVE THE POWER TO:
   (A) SUE AND BE SUED;
   (B) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
   (C) IN THE NAME OF THE AUTHORITY, ACQUIRE, LEASE, HOLD AND DISPOSE  OF
 PROPERTY  OR  ANY INTEREST THEREIN FOR ITS CORPORATE PURPOSES, INCLUDING
 THE POWER TO PURCHASE PROSPECTIVE OR TENTATIVE AWARDS IN CONNECTION WITH
 THE EXERCISE OF THE POWER OF CONDEMNATION HEREINAFTER GRANTED;
   (D) (I) PURCHASE, IN THE NAME  OF  THE  AUTHORITY,  ANY  WATER  SUPPLY
 SYSTEM,  WATER  DISTRIBUTION SYSTEM, INCLUDING PLANTS, WORKS, INSTRUMEN-
 TALITIES OR PARTS THEREOF AND APPURTENANCES THERETO,  LANDS,  EASEMENTS,
 RIGHTS  IN  LAND AND WATER RIGHTS, RIGHTS-OF-WAY, CONTRACT RIGHTS, FRAN-
 CHISES, 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,  SITUATED WHOLLY WITHIN THE COUNTY FOR THE
 PURPOSE OF SUPPLYING WATER FOR DOMESTIC, COMMERCIAL AND PUBLIC  PURPOSES
 AT  RETAIL  TO  INDIVIDUAL  CONSUMERS  WITHIN THE COUNTY OF NASSAU OR AT
 WHOLESALE IN THE MANNER PROVIDED BY PARAGRAPH (G) OF THIS SUBDIVISION AS
 A MEANS OF SO ACQUIRING FOR SUCH PURPOSES, AND SUBJECT TO  THE  APPROVAL
 OF  THE PUBLIC SERVICE COMMISSION, THE AUTHORITY MAY PURCHASE ALL OF THE
 STOCK OF ANY EXISTING PRIVATELY OWNED WATER CORPORATION OR COMPANY,  AND

 S. 6473                             5
 
 THEREAFTER,  WITHIN A REASONABLE TIME, SUCH WATER CORPORATION OR COMPANY
 SHALL BE DISSOLVED;
   (II)  CONDEMN,  IN  THE NAME OF THE AUTHORITY, EXCEPT WHERE LOCATED IN
 ANOTHER COUNTY, 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 SUPPLYING WATER FOR DOMESTIC,  COMMERCIAL
 AND  PUBLIC PURPOSES AT RETAIL TO INDIVIDUAL CONSUMERS WITHIN THE COUNTY
 OF NASSAU OR AT WHOLESALE IN THE MANNER PROVIDED  BY  PARAGRAPH  (G)  OF
 THIS  SUBDIVISION.   THE AUTHORITY SHALL EXERCISE THE POWER OF CONDEMNA-
 TION HEREBY GRANTED IN THE MANNER PROVIDED BY THE CONDEMNATION LAW.   IN
 THE EXERCISE OF SUCH POWER OF CONDEMNATION, THE PROPERTY BEING CONDEMNED
 SHALL BE DEEMED, WHEN SO DETERMINED BY THE AUTHORITY, TO BE FOR A PUBLIC
 USE SUPERIOR TO THE PUBLIC USE IN THE HANDS OF ANY OTHER PERSON, ASSOCI-
 ATION,  OR CORPORATION, PROVIDED, HOWEVER, THAT THE AUTHORITY SHALL HAVE
 NO POWER TO CONDEMN PROPERTY THE LEGAL TITLE TO WHICH  IS  VESTED  IN  A
 MUNICIPALITY UNLESS SUCH MUNICIPALITY SHALL CONSENT THERETO;
   (III)    CONSTRUCT, DEVELOP AND OPERATE ANY WATER SUPPLY SYSTEM, WATER
 DISTRIBUTION SYSTEM,  INCLUDING  PLANTS,  WORKS,  INSTRUMENTALITIES,  OR
 PARTS THEREOF, AND APPURTENANCES THERETO, DAMS, RESERVOIRS, WATER MAINS,
 PIPE  LINES, PUMPING STATIONS AND EQUIPMENT, OR ANY OTHER PROPERTY INCI-
 DENTAL TO OR INCLUDED IN SUCH SYSTEM OR PART THEREOF WITHIN  THE  COUNTY
 OF  NASSAU,  AND  TO  ACQUIRE, BY CONDEMNATION IN THE MANNER PROVIDED BY
 THIS TITLE, OR BY PURCHASE, LANDS, EASEMENTS, RIGHTS IN LAND  AND  WATER
 RIGHTS AND RIGHTS-OF-WAY IN CONNECTION THEREWITH WITHIN SUCH COUNTY; AND
 TO  OWN AND OPERATE, MAINTAIN, REPAIR, IMPROVE, RECONSTRUCT, ENLARGE AND
 EXTEND, SUBJECT TO THE PROVISIONS OF THIS TITLE, ANY OF  ITS  PROPERTIES
 ACQUIRED  OR  CONSTRUCTED  UNDER THIS TITLE, ALL OF WHICH, TOGETHER WITH
 THE ACQUISITION OF SUCH PROPERTIES ARE  HEREBY  DECLARED  TO  BE  PUBLIC
 PURPOSES;
   (IV)  ACQUIRE,  HOLD,  USE,  LEASE,  SELL, TRANSFER AND DISPOSE OF ANY
 PROPERTY, REAL, PERSONAL OR MIXED, OR INTEREST THEREIN, FOR  ITS  CORPO-
 RATE PURPOSES;
   (E)  PURCHASE  WATER  IN  BULK FROM ANY PERSON, PRIVATE CORPORATION OR
 MUNICIPALITY WHEN NECESSARY OR CONVENIENT  FOR  THE  OPERATION  OF  SUCH
 WATER  SUPPLY AND DISTRIBUTION SYSTEM. TO SELL WATER IN BULK TO ANY NOT-
 FOR-PROFIT  CORPORATION,  PUBLIC  CORPORATION,  PRIVATE  CORPORATION  OR
 PERSON AT ITS REGULAR RETAIL RATES;
   (F) FIX, ALTER, CHARGE AND COLLECT RATES AND OTHER CHARGES FOR THE USE
 OF WATER BY THE INHABITANTS OF THE COUNTY OR OTHER CONSUMERS THEREOF, AT
 REASONABLE  RATES  TO  BE DETERMINED BY THE AUTHORITY FOR THE PURPOSE OF
 PROVIDING FOR  THE  PAYMENT  OF  THE  EXPENSES  OF  THE  AUTHORITY,  THE
 CONSTRUCTION,  IMPROVEMENT,  REPAIR,  MAINTENANCE  AND  OPERATION OF THE
 WATER SUPPLY AND DISTRIBUTION SYSTEM OF THE AUTHORITY,  THE  PAYMENT  OF
 THE  PRINCIPAL  OF AND INTEREST ON THE OBLIGATIONS OF THE AUTHORITY, AND
 TO FULFILL THE TERMS AND PROVISIONS OF  ANY  AGREEMENTS  MADE  WITH  THE
 PURCHASERS OR HOLDERS OF ANY SUCH OBLIGATIONS;
   (G)  SELL  WATER  BY  VOLUME TO ANY OR ALL MUNICIPALITIES OR PRIVATELY
 OWNED PUBLIC WATER SUPPLY AND DISTRIBUTION SYSTEMS IN SUCH  COUNTY.  THE
 FACT  THAT ANY MUNICIPALITY HAS PROCURED OR IS ABOUT TO PROCURE AN INDE-
 PENDENT SOURCE OF WATER SUPPLY SHALL NOT PREVENT SUCH MUNICIPALITY  FROM
 PURCHASING WATER FROM THE AUTHORITY;

 S. 6473                             6
 
   (H)  MAKE  CONTRACTS  AND EXECUTE ALL INSTRUMENTS NECESSARY OR CONVEN-
 IENT;
   (I)  MAKE BY-LAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS AND
 THE REGULATION OF AND THE CHARGES MADE FOR WATER SOLD;
   (J) APPOINT OFFICERS, AGENTS AND EMPLOYEES AS IT MAY REQUIRE  FOR  THE
 PERFORMANCE  OF  ITS  DUTIES,  FIX  AND  DETERMINE THEIR QUALIFICATIONS,
 DUTIES, COMPENSATIONS AND TERMS OF OFFICE  OR  TENURE,  SUBJECT  TO  THE
 PROVISIONS  OF  THE CIVIL SERVICE LAW OF THE STATE AND SUCH RULES AS THE
 CIVIL SERVICE COMMISSION MAY ADOPT AND MAKE APPLICABLE TO THE AUTHORITY,
 AND FROM TIME TO TIME CONTRACT FOR EXPERT PROFESSIONAL SERVICES;
   (K) ENTER UPON ANY LANDS, WATERS  AND  PREMISES  FOR  THE  PURPOSE  OF
 MAKING SURVEYS, SOUNDINGS, DRILLINGS AND EXAMINATIONS;
   (L)  ENTER  INTO  A  CONTRACT  OR CONTRACTS WITH NASSAU COUNTY FOR THE
 ACQUISITION, CONSTRUCTION AND DEVELOPMENT OF A WATER SUPPLY AND DISTRIB-
 UTION SYSTEM, OR ANY PART OR PARTS THEREOF, ON BEHALF OF A COUNTY  WATER
 DISTRICT, AND TO CONTRACT FOR THE OPERATION AND MANAGEMENT OF SUCH COUN-
 TY  WATER  DISTRICT, ALL AS PROVIDED IN ARTICLE FIVE-A OF THE COUNTY LAW
 AND ARTICLE FIVE-B OF THE GENERAL MUNICIPAL LAW.  SUCH  WATER  AUTHORITY
 SHALL  BE  DEEMED THE AGENT OF NASSAU COUNTY UNDER ANY SUCH CONTRACT. IF
 SUCH CONTRACT SHALL AUTHORIZE THE WATER AUTHORITY TO  PURCHASE  SUPPLIES
 OR  EQUIPMENT  OR  TO  CONSTRUCT  PUBLIC  WORKS, SUCH AUTHORITY SHALL BE
 SUBJECT TO ALL PROVISIONS OF LAW TO WHICH NASSAU COUNTY WOULD BE SUBJECT
 IN RELATION TO ADVERTISING AND AWARDING ANY SUCH CONTRACTS FOR SUPPLIES,
 EQUIPMENT OR PUBLIC WORKS; AND
   (M) DO ALL THINGS NECESSARY OR CONVENIENT  TO  CARRY  OUT  THE  POWERS
 EXPRESSLY GIVEN OR NECESSARILY IMPLIED IN THIS TITLE.
   2.  (A)  IN EXERCISING THE POWERS GRANTED BY THIS TITLE, THE AUTHORITY
 SHALL NOT SELL WATER IN ANY AREA WHICH IS SERVED BY A WATER SYSTEM OWNED
 OR OPERATED BY A MUNICIPALITY UNLESS THE GOVERNING BOARD OF SUCH MUNICI-
 PALITY SHALL ADOPT A RESOLUTION REQUESTING THE AUTHORITY TO  SELL  WATER
 IN  SUCH AREA. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AUTHORITY
 MAY NOT APPROVE BY RESOLUTION OR OTHERWISE MAKE  A  FINAL  DETERMINATION
 REGARDING  A  CONSTRUCTION  PROJECT  FOR ANY NEW STRUCTURE WHICH EXCEEDS
 THIRTY FEET IN HEIGHT UNLESS IT HOLDS A PUBLIC HEARING  IN  THE  MUNICI-
 PALITY WHERE THE CONSTRUCTION WILL TAKE PLACE NOT LESS THAN FIFTEEN DAYS
 AFTER  NOTICE  HAS  BEEN  GIVEN  AS HEREINAFTER PROVIDED. NOTICE OF SUCH
 PUBLIC HEARING SHALL BE PUBLISHED ONCE A WEEK FOR TWO CONSECUTIVE  WEEKS
 IN  A  NEWSPAPER  OF  GENERAL  CIRCULATION  IN  THE AREA AFFECTED BY THE
 PROPOSED CONSTRUCTION PROJECT, AND FOR  TWO  CONSECUTIVE  WEEKS  ON  THE
 WEBSITE MAINTAINED BY THE AUTHORITY.
   (B) THE BOARD SHALL, WHEN CONSIDERING ANY PURCHASE PURSUANT TO SUBPAR-
 AGRAPH  (I)  OF PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION, OR ANY
 CONDEMNATION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (D) OF  SUBDIVI-
 SION  ONE  OF THIS SECTION, OF ANY ASSETS OWNED BY THE NEW YORK AMERICAN
 WATER SERVICE CORPORATION AS OF JANUARY FIRST, TWO THOUSAND TWENTY, HOLD
 A PUBLIC HEARING TO SOLICIT PUBLIC COMMENTS NO LESS  THAN  FIFTEEN  DAYS
 PRIOR TO THE APPROVAL OF SUCH ACTION BY THE BOARD. NOTICE OF SUCH PUBLIC
 HEARING  SHALL  BE  PUBLISHED ONCE A WEEK FOR TWO CONSECUTIVE WEEKS IN A
 NEWSPAPER OF GENERAL CIRCULATION IN THE AREA  AND  FOR  TWO  CONSECUTIVE
 WEEKS ON THE WEBSITE MAINTAINED BY THE AUTHORITY.
   §  1092-E.  MISCELLANEOUS  REQUIREMENTS.  1.  THE  AUTHORITY SHALL NOT
 REFUSE TO SELL WATER SERVICE TO RESIDENTIAL TENANTS FOR THE SOLE  REASON
 THAT THE PREMISES OF SUCH TENANTS RECEIVING WATER SERVICE ARE RENTED. NO
 DISCONTINUANCE  OR DISCONNECTION OF ANY SUPPLY OF WATER SHALL BE CARRIED
 OUT EXCEPT IN THE MANNER AND UPON THE NOTICE AS IS REQUIRED OF A  WATER-
 WORKS  CORPORATION PURSUANT TO SUBDIVISIONS THREE-A, THREE-B AND THREE-C

 S. 6473                             7
 
 OF SECTION EIGHTY-NINE-B AND SECTION ONE HUNDRED SIXTEEN OF  THE  PUBLIC
 SERVICE  LAW.  THE AUTHORITY SHALL METER SERVICE TO ITS CUSTOMERS WITHIN
 TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE.
   2.  NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED TO DIMINISH THE
 RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
   § 1092-F. ADDITIONAL POWERS OF THE COUNTY  OF  NASSAU  AND  TOWNS  AND
 VILLAGES  WITHIN NASSAU COUNTY. 1. (A) IN ADDITION TO ANY POWERS GRANTED
 BY ANY GENERAL OR SPECIAL LAW, THE COUNTY LEGISLATURE, ACTING ON  BEHALF
 OF  THE  COUNTY,  AND ANY TOWN BOARD OR VILLAGE BOARD OF TRUSTEES OF ANY
 TOWN OR VILLAGE WITHIN THE COUNTY OF NASSAU, ACTING ON  BEHALF  OF  SUCH
 TOWN OR VILLAGE, EITHER SEPARATELY OR PURSUANT TO AGREEMENTS AMONG THEM-
 SELVES,  MAY, FROM TIME TO TIME, APPROPRIATE BY RESOLUTION SUMS OF MONEY
 TO DEFRAY COSTS AND EXPENSES OF THE AUTHORITY ASSOCIATED WITH THE EXTEN-
 SION OF AUTHORITY MAINS TO AREAS IN THE COUNTY WITHIN WHICH  THE  COUNTY
 DEPARTMENT  OF HEALTH SERVICES HAS DOCUMENTED THAT PRIVATE WELLS PROVID-
 ING WATER TO HOME OWNERS HAVE BECOME  CONTAMINATED  WITH  POLLUTANTS  IN
 CONCENTRATIONS GREATER THAN RECOMMENDED BY ANY DRINKING WATER GUIDELINES
 OR STANDARD ESTABLISHED BY THE FEDERAL GOVERNMENT OR THIS STATE, AND MAY
 ENTER  INTO  A  CONTRACT  OR  CONTRACTS  WITH THE AUTHORITY TO SO EXTEND
 AUTHORITY MAINS.
   (B) IN AREAS OF DOCUMENTED  GROUNDWATER  CONTAMINATION  WHERE  POTABLE
 WATER  MAY BE MORE ECONOMICALLY SUPPLIED BY A MUNICIPAL WATER AUTHORITY,
 SPECIAL DISTRICT OR IMPROVEMENT AREA  ESTABLISHED  TO  PROVIDE  A  WATER
 IMPROVEMENT, OR BY A VILLAGE, THAN BY THE AUTHORITY, THE COUNTY LEGISLA-
 TURE AND ANY TOWN BOARD OR VILLAGE BOARD OF TRUSTEES WITHIN NASSAU COUN-
 TY  MAY  APPROPRIATE  SUMS  OF  MONEY TO SAID MUNICIPAL WATER AUTHORITY,
 SPECIAL DISTRICT OR IMPROVEMENT  AREA  OR  VILLAGE,  AND  ENTER  INTO  A
 CONTRACT OR CONTRACTS, IN ACCORDANCE WITH THIS SUBDIVISION.
   2.  PERSONS  WISHING  TO  CONNECT  TO MAINS THAT HAVE BEEN EXTENDED TO
 AREAS OF DOCUMENTED GROUNDWATER CONTAMINATION WITH FINANCIAL  ASSISTANCE
 BY THE COUNTY, OR ANY TOWN OR VILLAGE AS PROVIDED HEREIN, SHALL BE SOLE-
 LY RESPONSIBLE FOR COSTS AND EXPENSES ASSOCIATED WITH CONNECTING TO SAID
 MAINS.
   3.  APPROPRIATIONS  OF  MONEY  BY  THE COUNTY LEGISLATURE AND ANY TOWN
 BOARD OR VILLAGE BOARD OF TRUSTEES  IN  THE  COUNTY  OF  NASSAU  TO  THE
 AUTHORITY  OR  TO  A  MUNICIPAL  WATER  AUTHORITY,  SPECIAL  DISTRICT OR
 IMPROVEMENT AREA OR VILLAGE WITHIN NASSAU COUNTY, AND  ANY  CONTRACT  OR
 CONTRACTS ENTERED INTO WITH SAID AUTHORITY OR MUNICIPAL WATER AUTHORITY,
 SPECIAL  DISTRICT  OR IMPROVEMENT AREA OR VILLAGE PRIOR TO THE EFFECTIVE
 DATE OF THIS SECTION THAT  ARE  CONSISTENT  WITH  THE  AUTHORIZATION  IN
 SUBDIVISION  ONE  OF THIS SECTION ARE HEREBY LEGALIZED, VALIDATED, RATI-
 FIED AND CONFIRMED.
   § 1092-G. ACQUISITION BY EMINENT DOMAIN. NOTWITHSTANDING ANY PROVISION
 OF THE EMINENT DOMAIN PROCEDURE LAW TO THE CONTRARY, IN  ANY  PROCEEDING
 BROUGHT  BY  THE AUTHORITY PURSUANT TO SUCH LAW, TITLE SHALL VEST IN THE
 AUTHORITY AND COMPENSATION SHALL BE PAID ONLY (I) UPON A DECISION BY THE
 SUPREME COURT THAT COMPENSATION FOR THE REAL PROPERTY SO CONDEMNED SHALL
 BE DETERMINED SOLELY BY THE INCOME CAPITALIZATION METHOD  OF  VALUATION,
 BASED  ON THE ACTUAL NET INCOME AS ALLOWED BY THE PUBLIC SERVICE COMMIS-
 SION, AND (II) UPON SUCH COURT'S DETERMINATION OF  THE  AMOUNT  OF  SUCH
 COMPENSATION,  BASED UPON THE INCOME CAPITALIZATION METHOD, ENTRY OF THE
 FINAL JUDGMENT, THE FILING OF THE FINAL DECREE, AND  THE  CONCLUSION  OF
 ANY  APPEAL  OR  EXPIRATION OF THE TIME TO FILE AN APPEAL RELATED TO THE
 CONDEMNATION PROCEEDING. IF  ANY  COURT  SHALL  UTILIZE  ANY  METHOD  OF
 COMPENSATION  OTHER  THAN  THE  INCOME  CAPITALIZATION METHOD, OR IF THE
 PROPOSED COMPENSATION IS MORE THAN THE RATE BASE OF THE ASSETS TAKEN  IN

 S. 6473                             8
 
 CONDEMNATION  AS  UTILIZED  BY  THE PUBLIC SERVICE COMMISSION IN SETTING
 RATES AND AS CERTIFIED BY THE PUBLIC SERVICE COMMISSION,  THE  AUTHORITY
 MAY  WITHDRAW  THE CONDEMNATION PROCEEDING WITHOUT PREJUDICE OR COSTS TO
 ANY PARTY.
   §  1092-H. CHARGES BY AUTHORITY; METHOD OF COLLECTION. ALL RATES, FEES
 AND OTHER CHARGES FOR THE USE  OR  AVAILABILITY  OF  THE  FACILITIES  OR
 SERVICES  OR COMMODITIES PROVIDED OR MADE AVAILABLE BY THE AUTHORITY AND
 BILLED DIRECTLY BY THE AUTHORITY TO THE USER OR SERVICE RECIPIENT PURSU-
 ANT TO A CLASSIFICATION OF PERSON ADOPTED BY  THE  AUTHORITY  AS  HEREIN
 PROVIDED  SHALL  BE  A  LIEN  UPON  THE  REAL PROPERTY UPON WHICH, OR IN
 CONNECTION WITH WHICH, SERVICES ARE PROVIDED OR ARE MADE  AVAILABLE,  AS
 AND  FROM  THE  FIRST  DATE  FIXED FOR A PAYMENT OF SUCH RATES, FEES AND
 OTHER CHARGES. ANY SUCH LIEN SHALL TAKE PRECEDENCE OVER ALL OTHER LIENS,
 OR ENCUMBRANCES, EXCEPT TAXES OR ASSESSMENTS. THE CHIEF FINANCIAL  OFFI-
 CER  OF  THE  AUTHORITY  SHALL  PREPARE  AND TRANSMIT TO THE RECEIVER OF
 TAXES, ON OR BEFORE THE FIRST DAY OF NOVEMBER IN EACH YEAR,  A  LIST  OF
 THOSE  PROPERTIES  USING  SUCH  FACILITIES OR FOR WHICH SUCH FACILITIES,
 SERVICES OR COMMODITIES WERE PROVIDED OR MADE AVAILABLE AND  FROM  WHICH
 THE PAYMENT OF RATES, FEES AND OTHER CHARGES ARE IN ARREARS FOR A PERIOD
 OF  NINETY  DAYS  OR  MORE  AFTER THE LAST DAY FIXED FOR PAYMENT OF SUCH
 RATES, FEES AND OTHER CHARGES WITHOUT PENALTY. THE LIST SHALL CONTAIN  A
 BRIEF DESCRIPTION OF SUCH PROPERTIES, THE NAMES OF THE PERSONS OR CORPO-
 RATIONS  LIABLE  TO PAY FOR THE SAME, AND THE AMOUNT CHARGEABLE TO EACH,
 INCLUDING PENALTIES AND INTEREST, AS APPLICABLE,  COMPUTED  TO  DECEMBER
 THIRTY-FIRST  OF  THAT YEAR. THE COUNTY SHALL LEVY SUCH SUMS AGAINST THE
 PROPERTIES LIABLE AND SHALL STATE  THE  AMOUNT  THEREOF  IN  A  SEPARATE
 COLUMN  IN  THE  ANNUAL TAX ROLLS OF THE COUNTY UNDER THE HEADING "WATER
 CHARGE". SUCH AMOUNTS, EXCLUDING PENALTIES AND INTEREST IMPOSED  BY  THE
 COUNTY  WHEN  COLLECTED  BY  THE RECEIVERS OF TAXES OR COUNTY TREASURER,
 SHALL BE PAID OVER TO THE CHIEF  FINANCIAL  OFFICER  OF  THE  AUTHORITY.
 COUNTY  IMPOSED  PENALTIES  AND INTEREST SHALL BE RETAINED BY THE COUNTY
 TREASURER OR RECEIVER OF TAXES WHICH SHALL BECOME A PART OF THE  GENERAL
 FUNDS  OF THE COUNTY. ALL OF THE PROVISIONS OF THE REAL PROPERTY TAX LAW
 OF THE STATE OR THE NASSAU COUNTY ADMINISTRATIVE  CODE,  AS  APPLICABLE,
 GOVERNING  ENFORCEMENT AND COLLECTION OF UNPAID TAXES OR ASSESSMENTS FOR
 SPECIAL IMPROVEMENTS  NOT  INCONSISTENT  HEREWITH  SHALL  APPLY  TO  THE
 COLLECTION OF SUCH UNPAID RATES, RENTALS, FEES AND OTHER CHARGES.
   §  1092-I. SURVEY OF WATER RESOURCES. THE LEGISLATURE OF NASSAU COUNTY
 MAY, BY RESOLUTION, APPROPRIATE A SUM OF MONEY TO DEFRAY THE PRELIMINARY
 EXPENSES OF SUCH AUTHORITY SO CREATED  AND  MAY  THEREAFTER  APPROPRIATE
 SUCH  SUMS AS MAY BE REQUIRED, FOR THE PURPOSE OF MAKING A SURVEY OF THE
 WATER RESOURCES OF THE SAID COUNTY, AND THE PREPARATION OF A MAP OR PLAN
 FOR THE DEVELOPMENT THEREOF. THE AUTHORITY SHALL, AS SOON  AS  POSSIBLE,
 MAKE  A  SURVEY  OF THE WATER RESOURCES OF THE COUNTY, AND PREPARE A MAP
 AND PLAN FOR THE DEVELOPMENT OF THE SAME SHOWING IN DETAIL THE  PROPOSED
 SOURCES OF WATER TO BE DEVELOPED, AND THE MUNICIPALITIES AND AREAS WHICH
 MAY  BE  SERVED  THEREBY.  APPLICATION FOR APPROVAL OF THE PROJECT SHALL
 THEN BE MADE TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS PROVIDED
 BY TITLE FIFTEEN OF ARTICLE FIFTEEN OF  THE  ENVIRONMENTAL  CONSERVATION
 LAW.  IF  SO  APPROVED, THE AUTHORITY SHALL ENTER INTO SUCH CONTRACTS OR
 AGREEMENTS AS MAY BE NECESSARY TO CARRY OUT THE PLAN  OF  SUCH  DEVELOP-
 MENT.  THE  AUTHORITY  MAY, HOWEVER, ACQUIRE BY PURCHASE OR CONDEMNATION
 ANY EXISTING WATER SUPPLY AND DISTRIBUTION SYSTEM  WITHOUT  MAKING  SUCH
 SURVEY;  PROVIDED,  HOWEVER,  THAT  THE  AUTHORITY SHALL NOT ACQUIRE ANY
 EXISTING WATER SUPPLY AND DISTRIBUTION SYSTEM OWNED  BY  A  MUNICIPALITY

 S. 6473                             9
 
 UNLESS  THE  GOVERNING BOARD THEREOF SHALL ADOPT A RESOLUTION REQUESTING
 THE AUTHORITY TO MAKE SUCH ACQUISITION.
   §  1092-J.  BONDS.  1.  THE  AUTHORITY  SHALL HAVE POWER AND IS HEREBY
 AUTHORIZED FROM TIME TO TIME TO ISSUE ITS NEGOTIABLE BONDS IN CONFORMITY
 WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL  CODE.  SUCH  BONDS
 SHALL  BE  AUTHORIZED BY RESOLUTION OF THE AUTHORITY AND SHALL BEAR SUCH
 DATE OR DATES, MATURE AT SUCH TIME OR TIMES IN NOT EXCEEDING FORTY YEARS
 FROM THEIR RESPECTIVE DATE OR DATES, SUBJECT TO SUCH OPTION  OR  OPTIONS
 OF  REDEMPTION,  AS  MAY  BE PROVIDED IN THE RESOLUTION AUTHORIZING SUCH
 BONDS, AT PAR OR AT A PRICE NOT EXCEEDING ONE HUNDRED FIVE PER CENTUM OF
 THEIR FACE VALUE, TOGETHER WITH ACCRUED INTEREST, BEAR INTEREST AT  SUCH
 RATE  OR  RATES  THAT THE COST TO MATURITY OF THE MONEY FOR ANY ISSUE OF
 SUCH BONDS SHALL NOT EXCEED SIX PER CENTUM PER ANNUM,  PAYABLE  ANNUALLY
 OR  SEMI-ANNUALLY,  BE  IN  SUCH DENOMINATIONS, AND IN SUCH FORM, EITHER
 COUPON OR REGISTERED, AND BE EXECUTED IN SUCH MANNER, AND BE PAYABLE  IN
 SUCH  MEDIUM OF PAYMENT, AT SUCH PLACE OR PLACES, AND BE SUBJECT TO SUCH
 TERMS AND CONDITIONS AS SUCH RESOLUTION OR RESOLUTIONS MAY PROVIDE.
   2. ALL BONDS OF THE AUTHORITY SHALL BE SOLD AT PUBLIC SALE UPON SEALED
 BIDS IN AN ELECTRONIC FORMAT TO THE BIDDER WHO SHALL  OFFER  THE  LOWEST
 INTEREST  COST  TO  THE AUTHORITY TO BE DETERMINED BY THE AUTHORITY. THE
 NOTICE OF SALE SHALL BE PUBLISHED AT LEAST ONCE NOT LESS  THAN  TEN  NOR
 MORE  THAN  FORTY DAYS BEFORE THE DATE OF SALE IN A NEWSPAPER DESIGNATED
 BY THE AUTHORITY AND SHALL CALL FOR THE RECEIPT OF SEALED BIDS AND SHALL
 FIX THE DATE, TIME AND PLACE OF SALE.
   3. NOTWITHSTANDING THE FOREGOING PROVISIONS REQUIRING PUBLIC SALE, ANY
 BONDS OF THE AUTHORITY MAY BE SOLD BY THE AUTHORITY UPON THE APPROVAL OF
 THE COMPTROLLER AT PRIVATE SALE AT SUCH PRICE OR PRICES AS THE AUTHORITY
 SHALL DETERMINE NOT EXCEEDING THE INTEREST COST HEREIN PROVIDED, AND THE
 AUTHORITY ALSO MAY SELL AT PRIVATE SALE FOR SUCH PRICE OR PRICES AS  THE
 AUTHORITY  SHALL  DETERMINE  NOT  EXCEEDING  THE  INTEREST  COST  HEREIN
 PROVIDED, ANY BONDS AUTHORIZED FOR THE PURPOSE OF  PAYING  THE  COST  OF
 ACQUIRING  BY  CONDEMNATION  A  PRIVATELY  OWNED PUBLIC WATER SUPPLY AND
 DISTRIBUTION SYSTEM, PROVIDED SUCH BONDS ARE SOLD WITHIN ONE YEAR OF THE
 DATE OF COMPLETION OF SUCH CONDEMNATION AND  THE  PROCEEDINGS  FOR  SUCH
 CONDEMNATION WERE COMMENCED PRIOR TO OR NOT MORE THAN TWO YEARS FROM THE
 EFFECTIVE DATE OF THIS TITLE.
   4. ANY BONDS OF THE AUTHORITY, WHETHER SOLD AT PUBLIC OR PRIVATE SALE,
 SHALL BE SOLD FOR A PRICE NOT LESS THAN NINETY-SIX PER CENTUM OF THE PAR
 VALUE  THEREOF,  PLUS ACCRUED INTEREST PROVIDED ALWAYS THAT THE INTEREST
 COST TO MATURITY OF THE MONEY FOR ANY ISSUE  OF  SUCH  BONDS  SHALL  NOT
 EXCEED SIX PER CENTUM PER ANNUM. SUCH BONDS MAY BE ISSUED FOR ANY CORPO-
 RATE PURPOSE OF THE AUTHORITY.
   5.  ANY  RESOLUTION  OR  RESOLUTIONS AUTHORIZING ANY BONDS MAY CONTAIN
 PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT WITH  THE  HOLDERS  OF
 THE BONDS, AS TO:
   (A)  PLEDGING  THE  REVENUE OR WATER RENTS CHARGED BY THE AUTHORITY TO
 SECURE THE PAYMENT OF THE BONDS;
   (B) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS, AND THE REGULATION
 AND DISPOSITION THEREOF;
   (C) LIMITATIONS ON THE RIGHT OF THE AUTHORITY TO RESTRICT AND REGULATE
 THE USE OF WATER AND TO ALTER OR REDUCE RATES OR CHARGES FOR THE USE  OF
 WATER;
   (D) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL BONDS;
   (E)  THE APPLICATION OF FUNDS AND THE SAFEGUARDING OF FUNDS ON HAND OR
 ON DEPOSIT, INCLUDING THE REQUIRING OF THE GIVING OF SECURITY FOR DEPOS-
 IT OF SUCH FUNDS BY DEPOSITORY BANKS OR TRUST COMPANIES.  UNLESS  OTHER-

 S. 6473                            10
 
 WISE PROVIDED IN SAID RESOLUTION, ALL DEPOSITS OF FUNDS OF THE AUTHORITY
 SHALL  BE SECURED IN THE MANNER PROVIDED BY LAW FOR SECURING DEPOSITS OF
 COUNTY MONEYS.  ALL BANKS AND TRUST COMPANIES  ARE  AUTHORIZED  TO  GIVE
 SUCH SECURITY FOR SUCH DEPOSITS; AND
   (F)  DEFINING  THE  ACTS  OR OMISSIONS TO ACT WHICH SHALL CONSTITUTE A
 DEFAULT IN THE OBLIGATIONS AND DUTIES OF THE AUTHORITY TO THE  BONDHOLD-
 ERS  AND  PROVIDING  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  BE
 NOT INCONSISTENT WITH THE GENERAL LAWS OF THIS STATE.
   6.  THE AUTHORITY SHALL HAVE POWER FROM TIME TO TIME WHENEVER IT DEEMS
 REFUNDING EXPEDIENT, 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 OF ITS
 CORPORATE PURPOSES. REFUNDING BONDS MAY BE DELIVERED BY THE AUTHORITY TO
 THE PURCHASERS THEREOF AT ANY TIME PRIOR TO  THE  DATE  OF  MATURITY  OR
 REDEMPTION  DATE  OF THE BONDS PROPOSED TO BE REFUNDED, IF THE AUTHORITY
 SHALL DETERMINE THAT SUCH ACTION SHALL BE FINANCIALLY SOUND AND ADVANTA-
 GEOUS TO THE AUTHORITY. THE RATE OR RATES OF INTEREST OF  THE  REFUNDING
 BONDS SHALL NOT BE LIMITED BY THE RATE OR RATES OF INTEREST BORNE BY ANY
 OF  THE BONDS TO BE REFUNDED BY SUCH BONDS, BUT ALL OF THE PROVISIONS OF
 THIS SECTION WITH REFERENCE TO THE SALE OF BONDS OF THE  AUTHORITY,  AND
 THE  INTEREST  COST OF THE MONEY RAISED BY THE SALE THEREOF, SHALL APPLY
 TO SUCH REFUNDING BONDS.
   7. EXCEPT AS MAY BE OTHERWISE EXPRESSLY  PROVIDED  BY  THE  AUTHORITY,
 EVERY ISSUE OF BONDS BY THE AUTHORITY SHALL BE GENERAL OBLIGATIONS PAYA-
 BLE  OUT  OF  ANY MONEYS, EARNINGS OR REVENUES OF THE AUTHORITY, SUBJECT
 ONLY TO ANY AGREEMENTS WITH THE HOLDERS OF PARTICULAR BONDS PLEDGING ANY
 PARTICULAR MONEYS, EARNINGS OR REVENUES.
   8. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON  EXECUTING  THE
 BONDS  SHALL  BE  PERSONALLY  LIABLE  ON  THE BONDS OR BE SUBJECT TO ANY
 PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE  THEREOF.
 THE AUTHORITY SHALL HAVE THE POWER, OUT OF ANY FUNDS AVAILABLE THEREFOR,
 TO  PURCHASE  (AS DISTINGUISHED FROM THE POWER OF REDEMPTION HEREINABOVE
 PROVIDED) ANY BONDS ISSUED BY IT AT A PRICE OF NOT MORE THAN THE PRINCI-
 PAL AMOUNT THEREOF OR THE REDEMPTION PRICE AT WHICH  THE  BONDS  MAY  BE
 REDEEMED  AT  THE NEXT ENSUING REDEMPTION DATE AND ACCRUED INTEREST. ALL
 BONDS SO PURCHASED SHALL BE CANCELLED.
   9. ANY PROVISION OF  THE  UNIFORM  COMMERCIAL  CODE  TO  THE  CONTRARY
 NOTWITHSTANDING,  ANY  PLEDGE OF OR OTHER SECURITY INTEREST IN REVENUES,
 MONEYS, ACCOUNTS, CONTRACT RIGHTS, GENERAL INTANGIBLES OR OTHER PERSONAL
 PROPERTY MADE OR CREATED BY THE AUTHORITY SHALL BE  VALID,  BINDING  AND
 PERFECTED  FROM  THE  TIME  WHEN  SUCH  PLEDGE IS MADE OR OTHER SECURITY
 INTEREST 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 IRRE-
 SPECTIVE OF WHETHER OR NOT SUCH PARTIES HAVE NOTICE THEREOF. NO  INSTRU-
 MENT  BY  WHICH  SUCH  A  PLEDGE OR SECURITY INTEREST IS CREATED NOR ANY
 FINANCING STATEMENT NEED BE RECORDED OR FILED.
   § 1092-K. NOTES OF THE AUTHORITY. THE AUTHORITY SHALL HAVE  THE  POWER
 AND  IS HEREBY AUTHORIZED TO ISSUE NEGOTIABLE BOND ANTICIPATION NOTES OR
 REVENUE ANTICIPATION NOTES IN CONFORMITY WITH APPLICABLE  PROVISIONS  OF
 THE UNIFORM COMMERCIAL CODE AND MAY RENEW THE SAME FROM TIME TO TIME BUT
 THE MAXIMUM MATURITY OF ANY SUCH NOTE, INCLUDING RENEWALS THEREOF, SHALL
 NOT EXCEED FIVE YEARS FROM THE DATE OF ISSUE OF SUCH ORIGINAL NOTE. SUCH

 S. 6473                            11
 
 NOTES  SHALL BE PAID FROM ANY MONEYS OF THE AUTHORITY AVAILABLE THEREFOR
 AND NOT OTHERWISE PLEDGED OR FROM THE PROCEEDS OF SALE OF THE  BONDS  OF
 THE  AUTHORITY IN ANTICIPATION OF WHICH THEY WERE ISSUED, OR, SUBJECT TO
 THE  CONTRACTUAL  RIGHTS  OF  THE  HOLDERS  OF  ANY  BONDS OR NOTES THEN
 OUTSTANDING, FROM THE PROCEEDS OF THE SALE OF ANY  OTHER  BONDS  OF  THE
 AUTHORITY. THE NOTES SHALL BE ISSUED IN THE SAME MANNER AS THE BONDS AND
 THE  RESOLUTION  OR  RESOLUTIONS  AUTHORIZING  THE  SAME MAY CONTAIN ANY
 PROVISIONS, CONDITIONS OR LIMITATIONS WHICH THE BONDS OR A  BOND  RESOL-
 UTION  OF THE AUTHORITY MAY CONTAIN. SUCH NOTES MAY BE SOLD AT PUBLIC OR
 PRIVATE SALE AT NOT LESS THAN PAR AND SHALL BEAR INTEREST AT A RATE  NOT
 EXCEEDING SIX PERCENT PER ANNUM. THE PROVISIONS OF SECTIONS ONE THOUSAND
 NINETY-TWO-L,  ONE  THOUSAND NINETY-TWO-M, ONE THOUSAND NINETY-TWO-N AND
 ONE THOUSAND NINETY-TWO-O OF THIS  ARTICLE  RELATING  TO  BONDS  OF  THE
 NASSAU  COUNTY  WATER AUTHORITY SHALL APPLY WITH THE SAME FULL FORCE AND
 EFFECT TO BOND ANTICIPATION NOTES AND REVENUE ANTICIPATION NOTES OF  THE
 AUTHORITY HEREIN AUTHORIZED TO BE ISSUED.
   §  1092-L. BONDS AS LEGAL INVESTMENTS. THE BONDS HEREIN AUTHORIZED ARE
 HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND BODIES  OF  THIS
 STATE  AND  ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS, 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, INVESTMENT COMPANIES AND OTHER PERSONS CARRYING ON A BANK-
 ING  BUSINESS,  AND  ALL OTHER PERSONS WHOMSOEVER, EXCEPT AS HEREINAFTER
 PROVIDED, WHO ARE NOW 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, PROVIDED THAT,
 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL OR  SPECIAL  LAW  TO
 THE  CONTRARY,  SUCH  BONDS  SHALL NOT BE ELIGIBLE FOR THE INVESTMENT OF
 FUNDS INCLUDING CAPITAL, OF TRUSTS, ESTATES OR GUARDIANSHIPS  UNDER  THE
 CONTROL OF INDIVIDUAL ADMINISTRATORS, GUARDIANS, EXECUTORS, TRUSTEES AND
 OTHER  INDIVIDUAL FIDUCIARIES. 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 MUNICIPALITIES AND MUNICIPAL SUBDIVI-
 SIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT  OF  BONDS  OR  OTHER  OBLI-
 GATIONS OF THIS STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
   §  1092-M.  BONDS  AND PROPERTY OF THE AUTHORITY EXEMPT FROM TAXATION.
 IT IS HEREBY DETERMINED THAT THE  CREATION  OF  THE  AUTHORITY  AND  THE
 CARRYING  OUT OF ITS CORPORATE PURPOSES IS IN ALL RESPECTS FOR THE BENE-
 FIT OF THE PEOPLE OF THE COUNTY,  AND  IS  A  PUBLIC  PURPOSE,  AND  THE
 AUTHORITY SHALL BE REGARDED AS PERFORMING A GOVERNMENTAL FUNCTION IN THE
 EXERCISE  OF THE POWERS CONFERRED UPON IT BY THIS TITLE AND SHALL NOT BE
 REQUIRED TO PAY ANY TAXES, SPECIAL AD VALOREM LEVIES OR SPECIAL  ASSESS-
 MENTS  UPON  ANY PROPERTY OWNED BY IT OR UNDER ITS JURISDICTION, CONTROL
 OR SUPERVISION OR UPON ITS  ACTIVITIES,  OR  ANY  FILING,  RECORDING  OR
 TRANSFER TAXES IN RELATION TO INSTRUMENTS FILED, RECORDED OR TRANSFERRED
 BY  IT  OR  ON  ITS BEHALF.   ANY BONDS OR NOTES ISSUED PURSUANT TO THIS
 TITLE, TOGETHER WITH THE INCOME THEREFROM SHALL BE EXEMPT FROM TAXATION,
 EXCEPT FOR TRANSFER AND ESTATE TAXES. THE  REVENUES,  MONIES  AND  OTHER
 PROPERTIES  AND  THE  ACTIVITIES  OF  THE AUTHORITY SHALL BE EXEMPT FROM
 TAXES AND GOVERNMENTAL FEES OR CHARGES, WHETHER IMPOSED BY THE STATE  OR
 ANY  MUNICIPALITY, INCLUDING REAL ESTATE TAXES, FRANCHISE TAXES OR OTHER
 EXCISE TAXES. THE STATE OF NEW YORK COVENANTS WITH  THE  PURCHASERS  AND
 WITH ALL SUBSEQUENT HOLDERS AND TRANSFEREES OF BONDS AND NOTES ISSUED BY
 THE AUTHORITY PURSUANT TO THIS TITLE, IN CONSIDERATION OF THE ACCEPTANCE
 OF  AND PAYMENT FOR THE BONDS AND NOTES, THAT THE BONDS AND NOTES OF THE

 S. 6473                            12
 
 AUTHORITY ISSUED PURSUANT TO THIS TITLE AND THE  INCOME  THEREFROM,  AND
 ALL  MONEYS,  FUNDS AND REVENUES PLEDGED TO PAY OR SECURE THE PAYMENT OF
 SUCH BONDS AND NOTES, SHALL AT ALL TIMES BE FREE  FROM  TAXATION  EXCEPT
 FOR TRANSFER AND ESTATE TAXES.
   §  1092-N.  STATE,  COUNTY AND MUNICIPALITIES NOT LIABLE ON BONDS. THE
 BONDS OF THE AUTHORITY SHALL NOT BE A DEBT OF THE STATE OF NEW  YORK  OR
 OF  THE  COUNTY  OR  OF  ANY MUNICIPALITY IN THE COUNTY, AND NEITHER THE
 STATE NOR THE COUNTY NOR ANY MUNICIPALITY IN THE COUNTY SHALL BE  LIABLE
 THEREON,  NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE OF
 THE AUTHORITY.
   § 1092-O. AGREEMENTS OF THE STATE. THE STATE OF NEW YORK  DOES  PLEDGE
 TO AND AGREE WITH THE HOLDERS OF THE BONDS THAT THE STATE WILL NOT LIMIT
 OR  ALTER  THE  RIGHTS  HEREBY  VESTED  IN  THE  AUTHORITY  TO  ACQUIRE,
 CONSTRUCT, MAINTAIN, OPERATE, RECONSTRUCT AND IMPROVE THE PROPERTIES, TO
 ESTABLISH AND COLLECT THE  REVENUES,  RATES,  RENTALS,  FEES  AND  OTHER
 CHARGES REFERRED TO IN THIS TITLE AND TO FULFILL THE TERMS OF ANY AGREE-
 MENTS  MADE  WITH  THE  HOLDERS  OF  THE BONDS, OR IN ANY WAY IMPAIR THE
 RIGHTS AND REMEDIES OF THE BONDHOLDERS, UNTIL THE BONDS,  TOGETHER  WITH
 INTEREST  THEREON,  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 BONDHOLDERS, ARE FULLY MET AND DISCHARGED.
   § 1092-P. CONTRACTS FOR SALE OF WATER WHOLESALE. ANY  MUNICIPALITY  IS
 HEREBY  AUTHORIZED  TO  CONTRACT  WITH THE AUTHORITY FOR THE PURCHASE OF
 WATER FROM THE AUTHORITY AT WHOLESALE FOR A PERIOD NOT EXCEEDING  THIRTY
 YEARS  EXCEPT  THAT, IN THE CASE OF A FIRE PROTECTION DISTRICT OR A FIRE
 ALARM DISTRICT SUCH PERIOD SHALL NOT EXCEED FIVE YEARS, AND IN THE  CASE
 OF  A  FIRE  DISTRICT,  SUCH  PERIOD  SHALL  NOT  EXCEED TEN YEARS. SUCH
 CONTRACT SHALL PROVIDE THAT THE LIABILITY  OF  SUCH  PURCHASER  FOR  THE
 PAYMENT  OF  ANY SUMS PURSUANT TO SUCH CONTRACT SHALL ARISE ONLY AT SUCH
 TIME AS SUCH WATER HAS BEEN ACTUALLY DELIVERED TO SUCH  PURCHASER.  SUCH
 CONTRACT  SHALL  STATE  THE  RATES,  FEES OR CHARGES TO BE PAID FOR SUCH
 WATER, SHALL PROVIDE FOR THE ADJUSTMENT THEREOF EITHER  BY  INCREASE  OR
 DECREASE  FROM  TIME TO TIME BY MUTUAL AGREEMENT OF THE PARTIES THERETO,
 SUBJECT HOWEVER TO ANY PROVISIONS CONTAINED IN  ANY  RESOLUTION  OF  THE
 AUTHORITY  AUTHORIZING  OBLIGATIONS RELATING TO THE IMPOSITION OF RATES,
 FEES OR CHARGES AND THE REVISION OR ADJUSTMENT  THEREOF.  PRIOR  TO  THE
 EXECUTION  OF  SUCH  CONTRACT  THE GOVERNING BOARD OF ANY SUCH PURCHASER
 SHALL CALL A PUBLIC HEARING TO  CONSIDER  THE  SUBJECT  MATTER  AND  THE
 DESIRABILITY OF THE EXECUTION OF THE PROPOSED CONTRACT AND SHALL PUBLISH
 NOTICE  THEREOF IN A NEWSPAPER OF GENERAL CIRCULATION IN THE TERRITORIAL
 BOUNDARIES OF SUCH PURCHASER, AT LEAST ONCE AND NOT  LESS  THAN  FIFTEEN
 DAYS  BEFORE THE DATE OF SUCH PUBLIC HEARING.  SUCH NOTICE SHALL BRIEFLY
 STATE THE TERMS OF THE PROPOSED CONTRACT, THE  DATE  AND  PLACE  OF  THE
 PUBLIC HEARING AND FURTHER STATE THAT AT SUCH TIME AND PLACE THE GOVERN-
 ING  BOARD  WILL  HEAR ALL PERSONS INTERESTED. IF, AFTER CONSIDERING THE
 EVIDENCE ADDUCED AT SUCH HEARING, SUCH  GOVERNING  BODY  SHALL  CONCLUDE
 THAT  THE  EXECUTION  OF SUCH CONTRACT IS IN THE PUBLIC INTEREST, IT MAY
 AUTHORIZE THE EXECUTION THEREOF BY THE ADOPTION OF A RESOLUTION TO  SUCH
 EFFECT.
   §  1092-Q.  AUDIT  OF AUTHORITY; ANNUAL REPORT. IN CONFORMITY WITH THE
 PROVISIONS OF SECTION FIVE OF  ARTICLE  TEN  OF  THE  CONSTITUTION,  THE
 ACCOUNTS  OF  THE  AUTHORITY  SHALL BE SUBJECT TO THE SUPERVISION OF THE
 STATE COMPTROLLER AND SUCH STATE COMPTROLLER AND HIS LEGALLY  AUTHORIZED
 REPRESENTATIVES ARE HEREBY AUTHORIZED AND EMPOWERED FROM TIME TO TIME TO
 EXAMINE  THE  ACCOUNTS  AND  THE  BOOKS  OF THE AUTHORITY, INCLUDING ITS
 RECEIPTS, DISBURSEMENTS, CONTRACTS, LEASES, SINKING  FUNDS,  INVESTMENTS

 S. 6473                            13
 
 AND  ANY OTHER MATTERS RELATING TO ITS FINANCIAL STANDING. THE AUTHORITY
 SHALL ANNUALLY SUBMIT TO THE GOVERNOR AND TO THE STATE  LEGISLATURE  AND
 ALSO  TO  THE LEGISLATURE OF NASSAU COUNTY A DETAILED REPORT PURSUANT TO
 THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER.
   §  1092-R. INTEREST IN CONTRACTS PROHIBITED. IT SHALL BE A MISDEMEANOR
 FOR ANY OF THE MEMBERS OF THE AUTHORITY, OR ANY OFFICER, AGENT,  SERVANT
 OR  EMPLOYEE THEREOF, EMPLOYED OR APPOINTED BY THEM, TO BE IN ANY WAY OR
 MANNER INTERESTED DIRECTLY OR INDIRECTLY  IN  THE  FURNISHING  OF  WORK,
 MATERIALS,  SUPPLIES  OR  LABOR,  OR  IN ANY CONTRACT THEREFOR WHICH THE
 AUTHORITY IS EMPOWERED BY THIS TITLE TO MAKE.
   § 1092-S. CONTRACTS. ALL CONTRACTS, OR ORDERS, FOR WORK,  MATERIAL  OR
 SUPPLIES PERFORMED OR FURNISHED IN CONNECTION WITH CONSTRUCTION SHALL BE
 AWARDED  BY  THE  AUTHORITY  PURSUANT  TO RESOLUTION. SUCH CONTRACTS, OR
 ORDERS, FOR WORK, MATERIAL OR SUPPLIES NEEDED FOR ANY PARTICULAR PURPOSE
 INVOLVING AN EXPENDITURE OF MORE THAN FIVE  THOUSAND  DOLLARS  SHALL  BE
 AWARDED  ONLY  AFTER  INVITING  SEALED  BIDS  OR PROPOSALS THEREFOR. THE
 NOTICE INVITING SEALED PROPOSALS SHALL BE PUBLISHED AT LEAST ONCE  IN  A
 NEWSPAPER  OR  TRADE  PAPER  SELECTED BY THE AUTHORITY FOR SUCH PURPOSE,
 SUCH PUBLICATION TO BE AT LEAST TEN DAYS BEFORE THE DATE FOR THE RECEIPT
 OF BIDS. IF THE AUTHORITY SHALL NOT DEEM IT  FOR  THE  INTEREST  OF  THE
 AUTHORITY  TO REJECT ALL BIDS, IT SHALL AWARD THE CONTRACT TO THE LOWEST
 BIDDER, UNLESS THE AUTHORITY SHALL DETERMINE THAT IT IS FOR  THE  PUBLIC
 INTEREST THAT A BID OTHER THAN THE LOWEST BID SHOULD BE ACCEPTED. IN ANY
 CONTRACT  FOR WORK, MATERIAL OR SUPPLIES, THERE SHALL BE INSERTED IN THE
 DISCRETION OF THE AUTHORITY A PROVISION THAT ADDITIONAL WORK MAY BE DONE
 OR MATERIAL OR SUPPLIES FURNISHED FOR THE  PURPOSE  OF  COMPLETING  SUCH
 CONTRACT AT AN EXPENSE NOT EXCEEDING FIFTEEN PER CENTUM OF THE AMOUNT OF
 SUCH  CONTRACT  IF  SUCH  ADDITIONAL WORK, MATERIAL OR SUPPLIES SHALL BE
 ORDERED BY THE AUTHORITY. THE BIDDER WHOSE BID IS  ACCEPTED  SHALL  GIVE
 SECURITY  FOR  THE  FAITHFUL PERFORMANCE OF THE CONTRACT, AND SUCH OTHER
 SECURITY AS THE AUTHORITY MAY REQUIRE, AND MAY BE REQUIRED  TO  MAINTAIN
 FOR  SUCH  PERIOD AS SHALL BE STIPULATED ANY CONSTRUCTION DONE UNDER THE
 CONTRACT, ALL IN THE MANNER PRESCRIBED AND REQUIRED  BY  THE  AUTHORITY;
 AND  THE  SUFFICIENCY  OF SUCH SECURITY SHALL, IN ADDITION TO THE JUSTI-
 FICATION AND ACKNOWLEDGMENT, BE APPROVED BY THE AUTHORITY. ALL  BIDS  OR
 PROPOSALS  SHALL BE PUBLICLY OPENED BY THE AUTHORITY OR ITS DULY AUTHOR-
 IZED AGENT. IF THE BIDDER WHOSE BID HAS BEEN ACCEPTED AFTER  ADVERTISING
 SHALL  NEGLECT  OR  REFUSE TO ACCEPT THE CONTRACT WITHIN FIVE DAYS AFTER
 WRITTEN NOTICE THAT THE SAME HAS BEEN AWARDED  TO  HIM  ON  HIS  BID  OR
 PROPOSAL,  OR,  IF HE ACCEPTS BUT DOES NOT EXECUTE THE CONTRACT AND GIVE
 PROPER SECURITY, THE AUTHORITY SHALL HAVE  THE  RIGHT  TO  DECLARE  SUCH
 BIDDER'S  DEPOSIT  FORFEITED, AND THEREUPON IT SHALL BE READVERTISED AND
 RELET AS ABOVE PROVIDED. IN CASE ANY WORK  SHALL  BE  ABANDONED  BY  ANY
 CONTRACTOR,  THE AUTHORITY MAY, IF THE BEST INTEREST OF THE AUTHORITY BE
 THEREBY SERVED, ADOPT ON BEHALF OF THE AUTHORITY ANY OR ALL SUBCONTRACTS
 MADE BY SUCH CONTRACTOR FOR SUCH WORK AND ALL SUCH SUBCONTRACTORS  SHALL
 BE  BOUND  BY  SUCH  ADOPTION  IF  MADE; AND THE AUTHORITY SHALL, IN THE
 MANNER PROVIDED HEREIN, READVERTISE AND RELET THE WORK SPECIFIED IN  THE
 ORIGINAL  CONTRACT EXCLUSIVE OF SO MUCH THEREOF AS SHALL BE PROVIDED FOR
 IN THE SUBCONTRACT OR SUBCONTRACTS SO ADOPTED. NO BID SHALL BE  ACCEPTED
 FROM  OR  ANY  CONTRACTS  AWARDED TO ANY PERSON OR CORPORATION WHO IS IN
 ARREARS TO THE AUTHORITY, OR THE COUNTY  OF  NASSAU  UPON  ANY  DEBT  OR
 CONTRACT,  OR  IS A DEFAULTER AS SURETY OR OTHERWISE UPON ANY OBLIGATION
 OF THE AUTHORITY, OR THE COUNTY.  EVERY CONTRACT INVOLVING  AN  EXPENDI-
 TURE  OF  MORE  THAN FIVE THOUSAND DOLLARS WHEN MADE AND ENTERED INTO AS
 HEREIN PROVIDED FOR SHALL BE EXECUTED IN DUPLICATE, ONE  COPY  OF  WHICH

 S. 6473                            14
 
 SHALL  BE HELD BY THE AUTHORITY AND ONE COPY OF WHICH SHALL BE DELIVERED
 TO THE CONTRACTOR. UPON THE ADOPTION OF A RESOLUTION BY A VOTE  OF  TWO-
 THIRDS  OF ALL THE MEMBERS OF THE AUTHORITY STATING THAT, FOR REASONS OF
 EFFICIENCY  OR  ECONOMY,  THERE  IS  NEED  FOR STANDARDIZATION, PURCHASE
 CONTRACTS FOR A PARTICULAR  TYPE  OR  KIND  OF  EQUIPMENT,  MATERIAL  OR
 SUPPLIES  OF  MORE  THAN  FIVE  THOUSAND  DOLLARS  MAY BE AWARDED BY THE
 AUTHORITY TO THE LOWEST RESPONSIBLE BIDDER FURNISHING THE REQUIRED SECU-
 RITY AFTER ADVERTISEMENT FOR SEALED BIDS THEREFOR IN THE MANNER PROVIDED
 IN THIS SECTION. SUCH RESOLUTION SHALL CONTAIN A FULL EXPLANATION OF THE
 REASONS FOR ITS ADOPTION.
   § 1092-T. ACTIONS. IN ANY CASE FOUNDED UPON TORT, A  NOTICE  OF  CLAIM
 SHALL  BE  REQUIRED  AS  A CONDITION PRECEDENT TO THE COMMENCEMENT OF AN
 ACTION OR SPECIAL PROCEEDING  AGAINST  THE  AUTHORITY  OR  ANY  OFFICER,
 APPOINTEE  OR EMPLOYEE THEREOF, AND THE PROVISIONS OF SECTION FIFTY-E OF
 THE GENERAL MUNICIPAL LAW  SHALL  GOVERN  THE  GIVING  OF  SUCH  NOTICE.
 EXCEPT  IN AN ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE AUTHORITY
 FOR DAMAGES FOR INJURIES TO  REAL  OR  PERSONAL  PROPERTY,  OR  FOR  THE
 DESTRUCTION  THEREOF,  OR  FOR  PERSONAL  INJURIES, ALLEGED TO HAVE BEEN
 SUSTAINED, SHALL NOT BE COMMENCED MORE THAN ONE  YEAR  AND  NINETY  DAYS
 AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED. AN ACTION AGAINST
 THE  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.
   §  1092-U.  EXPENSES OF HEARING. THE EXPENSES OF ANY HEARING, DETERMI-
 NATION OR OTHER ACTION WHICH THE PROVISIONS OF THIS TITLE REQUIRE OF THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL BE PAID BY THE APPLICANT.
 BILLS FOR SUCH EXPENSES SHALL BE CERTIFIED BY  SAID  DEPARTMENT  TO  THE
 APPLICANT  AND  PAID  BY  THE  APPLICANT DIRECTLY TO THE CLAIMANT WITHIN
 THIRTY DAYS OF THE DATE OF SUCH CERTIFICATION.
   § 1092-V. TRANSFER OF OFFICERS AND EMPLOYEES. 1. ANY PUBLIC OFFICER OR
 EMPLOYEE UNDER CIVIL SERVICE, SELECTED BY THE AUTHORITY  MAY,  WITH  THE
 CONSENT OF THE COMMISSION, BOARD, DEPARTMENT OR MUNICIPALITY BY WHICH HE
 OR  SHE  HAS BEEN EMPLOYED, BE TRANSFERRED TO THE AUTHORITY AND SHALL BE
 ELIGIBLE FOR SUCH TRANSFER AND APPOINTMENT WITHOUT EXAMINATION TO COMPA-
 RABLE OFFICES, POSITIONS AND EMPLOYMENT UNDER THE AUTHORITY. THE  SALARY
 OR  COMPENSATION OF ANY SUCH OFFICER OR EMPLOYEE SHALL AFTER SUCH TRANS-
 FER BE PAID BY THE AUTHORITY, BUT NOTWITHSTANDING THE PROVISIONS OF THIS
 TITLE, ANY SUCH OFFICERS OR EMPLOYEES SO TRANSFERRED TO  THE  AUTHORITY,
 PURSUANT  TO THE PROVISIONS OF THIS SECTION, WHO ARE MEMBERS OF OR BENE-
 FICIARIES UNDER ANY EXISTING PENSION OR RETIREMENT SYSTEM, SHALL CONTIN-
 UE TO HAVE ALL RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS  WITH  RESPECT
 TO  SUCH FUND SYSTEM OR SYSTEMS AS ARE NOW PRESCRIBED BY LAW, BUT DURING
 THE PERIOD OF THEIR EMPLOYMENT BY THE AUTHORITY,  ALL  CONTRIBUTIONS  TO
 ANY  PENSION  OR RETIREMENT FUND OR SYSTEM TO BE PAID BY THE EMPLOYER ON
 ACCOUNT OF SUCH OFFICERS AND EMPLOYEES, SHALL BE PAID BY THE  AUTHORITY;
 AND ALL SUCH OFFICERS AND EMPLOYEES WHO HAVE BEEN APPOINTED TO POSITIONS
 UNDER  THE  RULES  AND  CLASSIFICATIONS  OF THE CIVIL SERVICE COMMISSION
 SHALL HAVE THE SAME STATUS WITH RESPECT THERETO AFTER  TRANSFER  TO  THE
 AUTHORITY AS THEY HAD UNDER THEIR ORIGINAL APPOINTMENTS. THE APPOINTMENT
 AND PROMOTION OF ALL EMPLOYEES OF THE AUTHORITY SHALL BE MADE IN ACCORD-
 ANCE  WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUCH RULES AS THE
 CIVIL SERVICE COMMISSION MAY ADOPT AND MAKE APPLICABLE TO THE AUTHORITY.
  2. IT IS HEREBY DECLARED THAT IN THE INTEREST OF EFFICIENCY AND INSOFAR
 AS IT MAY BE PRACTICABLE, ALL EMPLOYEES OF A MUNICIPALITY ENGAGED IN THE
 OPERATION OF ANY PROPERTY OR PROPERTIES, EXCEPT AT AN EXECUTIVE  CAPACI-
 TY,  AT THE TIME SUCH PROPERTY OR PROPERTIES SHALL HAVE BEEN ACQUIRED BY

 S. 6473                            15

 THE AUTHORITY PURSUANT TO THE PROVISIONS OF  THIS  TITLE,  SHALL  BECOME
 EMPLOYEES OF THE AUTHORITY.
   §  1092-W.  SEVERABILITY.  IF ANY SECTION, CLAUSE OR PROVISION IN THIS
 TITLE SHALL BE HELD BY A COMPETENT COURT TO BE UNCONSTITUTIONAL OR INEF-
 FECTIVE IN WHOLE OR IN PART, TO THE EXTENT THAT IT  IS  NOT  UNCONSTITU-
 TIONAL  OR  INEFFECTIVE  IT  SHALL  BE VALID AND EFFECTIVE, AND NO OTHER
 SECTION, CLAUSE OR PROVISION SHALL ON ACCOUNT THEREOF BE DEEMED  INVALID
 OR INEFFECTIVE. INSOFAR AS THE PROVISIONS OF THIS TITLE ARE INCONSISTENT
 WITH  THE  PROVISIONS  OF  ANY  OTHER ACT, GENERAL OR SPECIAL, OR OF ANY
 LOCAL LAW OF ANY CITY, THE PROVISIONS OF THIS TITLE  SHALL  BE  CONTROL-
 LING.  NOTHING CONTAINED IN THIS TITLE SHALL BE HELD TO ALTER OR ABRIDGE
 THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH OR OF  THE  DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION OVER WATER SUPPLY MATTERS.
   §  7. Section 239-bb of the general municipal law is amended by adding
 a new subdivision 12 to read as follows:
   12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
 ENTITY  CREATED  PURSUANT  TO TITLE FOUR-A OF ARTICLE FIVE OF THE PUBLIC
 AUTHORITIES LAW SHALL BE ELIGIBLE FOR FOUR MILLION TWO HUNDRED TEN THOU-
 SAND FIVE HUNDRED TWENTY-SIX DOLLARS IN EACH STATE FISCAL YEAR BEGINNING
 WITH STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE -  TWO  THOUSAND  TWENTY-
 TWO; PROVIDED HOWEVER, THAT SUCH MONIES SHALL BE DERIVED FROM THE APPRO-
 PRIATION DEDICATED TO THE MATCHING FUNDS PROGRAM PURSUANT TO SUBDIVISION
 EIGHT  OF THIS SECTION; AND PROVIDED FURTHER, THAT SUCH FUNDING FOR SUCH
 ENTITY SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SUBDIVISION EIGHT  OF
 THIS SECTION RELATED TO SAVINGS.
   § 8. This act shall take effect immediately.