NY Pub Auth L § 1045-H (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 2-A - New York City Municipal Water Finance Authority 1045-H - Transfer of Sewerage or Water Systems by the City to the Water Board.

§  1045-h.  Transfer  of  sewerage or water systems by the city to the   water board. 1. The city may, acting either by the  mayor  alone  or  by   resolution of the board of estimate of the city, enter into an agreement   with the water board for the transfer to the water board, for use in the   exercise  of  its  corporate powers and purposes, the sewerage system or   water system, or both, of the city as the same then shall  be  owned  by   the  city.  Any  such agreement may provide for the transfer of title of   such system or systems by deed, lease or other arrangement to the  water   board.  To  the  extent  not  inconsistent  with  this  title,  any such   agreement may impose such limitations or conditions  as  may  be  agreed   upon  by  and between the city and water board with respect to the power   of the water board to sell or otherwise dispose of any property acquired   by the board  pursuant  to  such  agreement,  and  may  provide  for  or   authorize  the  water board to surrender to the city, property no longer   required by the water board for its public purposes. Notwithstanding the   provisions of any general, special  or  local  law  or  charter  to  the   contrary,  any  action  taken  by  the city pursuant to this subdivision   shall not be subject to a permissive or mandatory referendum.2. Any such agreement shall set forth  the  liabilities  of  the  city   which  it  is contemplated are to be paid by the water board from moneys   available to it; provided, however, that such agreement does not require   the water board to assume the liabilities of the city; provided further,   notwithstanding the foregoing, the city shall continue to be the  record   owner  for real estate tax purposes of any facilities located outside of   its municipal boundaries.3. Any such agreement may provide for the payment by the city  to  the   water  board  from  any  funds  of  the  city,  of such amount as may be   determined appropriate for use by the water board.4. The city and the water board are hereby authorized and empowered to   make or enter into any contracts, agreements, deeds, leases, conveyances   or other instruments as may be necessary or  appropriate  to  effectuate   the  purposes  of this title, and they shall have power and authority to   do so and to authorize the doing of all things incidental, desirable  or   necessary to implement the provisions of this title.5.  Notwithstanding  the  foregoing  provisions  of  this  section, no   agreement contemplated by this section shall become  effective  for  any   purpose unless and until the same shall have been approved in writing by   resolution of the authority.6.  Upon  the filing by the water board with the clerk of the city and   the secretary of state  of  a  copy  of  the  instruments  or  documents   effectuating  the  transfer  authorized by this section, the water board   shall take possession of the sewerage system or water system,  or  both,   of the city thereby transferred.7.  Any  application  filed  or  proceeding  heretofore  commenced  in   relation to the sewerage system or water system, or both, transferred to   the water board pending with  the  state  departments  of  environmental   conservation  or  health  or  any  other state agency or with the United   States environmental protection agency or any other  federal  agency  or   instrumentality  shall  inure  to and for the benefit of the water board   and be binding upon the water board to the same extent and in  the  same   manner  as  if  the  water board had been a party to such application or   proceeding from its inception, and the water board  shall  be  deemed  a   party  thereto  to  the  extent  not  prohibited by any federal law. Any   license, approval, permit or decision heretofore or hereafter issued  or   granted pursuant to or as a result of any such application or proceeding   shall  inure  to  the benefit of and be binding upon the water board and   shall be assigned and transferred by the city to the water board  unless   such assignment and transfer is prohibited by federal law. 8.  The  rules  and regulations of the water board may provide for the   discontinuance or disconnection of the supply of water or the  provision   of  sewerage  service,  or  both,  as  the  case may be, by the city for   non-payment of fees, rates, rents or other charges therefor  imposed  by   the  water  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   subdivisions  three-a,  three-b and three-c of section eighty-nine-b and   section one hundred sixteen of the public service law.  A  copy  of  all   by-laws, rules and regulations and amendments thereto, duly certified by   the  secretary  of the water board, shall be filed in the offices of the   clerk of the city and the secretary of state  within  three  months  and   thereafter  published  once  in  the  official  newspaper  of  the city.   Violation of such rules and  regulations  shall  subject  the  offending   party  to  a  civil penalty in an action brought by the water board, not   exceeding one hundred dollars for  each  day  the  violation  continues.   Jurisdiction  is  hereby  conferred upon the civil court of the city and   the environmental control board of  the  city  to  hear  and  determine,   subject  to  the  provisions  of  the  civil practice law and rules, any   violation of such rules and regulations.