NY Pub Auth L § 1174-D (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 7-A - Water Authority of Southeastern Nassau County 1174-D - Water Authority of Southeastern Nassau County.

§  1174-d.  Water  authority  of  Southeastern  Nassau  county.  1.  A corporation known as "water authority of Southeastern Nassau county"  is hereby  created  for the purposes and charged with the duties and having the powers provided in this title. The authority shall  be  a  corporate governmental  agency constituting a public benefit corporation and shall be a "public district" for the purposes of section eighty-nine-l of  the public  service  law.  The  authority  shall  be  governed by a board of directors consisting of five members, three of whom shall  be  appointed by  the  town  board  of  the town of Hempstead and two of whom shall be appointed by the town board of the town of Oyster Bay in the same manner as officers and employees are  appointed  pursuant  to  paragraph  a  of subdivision  one  of  section  twenty of the town law. Each member shall serve for a period of two years. Each chief executive officer shall file with  the  secretary  of  state  a   certificate   of   appointment   or reappointment  of  any  member  appointed  or  reappointed by such chief executive within  thirty  days  of  the  appointment  or  reappointment. Members  shall  receive  no compensation for their services but shall be entitled  to  reimbursement  of  their  necessary  expenses,   including traveling expenses, incurred in the discharge of their duties.   2.  Any one or more of the members of the board of directors may be an official or an employee of a municipality situated within the  district. In  the event that an official or an employee of such municipality shall be appointed as a member  of  the  board  of  directors,  acceptance  or retention of such appointment shall not be deemed a forfeiture of his or her  municipal office or employment, or incompatible therewith or affect his or her tenure or compensation in any way.   3. No action shall be taken by the authority except  pursuant  to  the favorable vote of three members of the board of directors.   4.  The  powers  of  the  authority  shall  be  vested in and shall be exercised by the board of directors at a meeting duly called  and  held. Three  members  of the board of directors shall constitute a quorum. The board of directors may delegate to one or more of its members, or to one or more of the officers, agents or  employees  of  the  authority,  such powers and duties as it may deem proper.   5.  The  officers  of  the  authority  shall consist of a chairperson, treasurer, and secretary, who may, but need not be members of the  board of  directors.  The  officers of the authority shall be appointed by the board of directors. The board  of  directors  may  appoint  and  at  its pleasure  remove  an  attorney  and  an  engineer,  which  positions, in addition to the officers above named, shall be in the  exempt  class  of the  civil  service and such additional officers 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.  The  authority  may also from time to time contract for expert professional services. The duties of the  officers  shall  be  as follows:  (a)  Chairperson. The chairperson shall be the chief executive officer of the authority and it shall be the responsibility of  the  chairperson to:  (i)  preside  at  all  meetings  of  the board of directors and of the officers;  (ii) manage the water facility,  the  transmission  facility  and  the distribution  system  and  to  effectuate  the decisions of the board of directors;  (iii) exercise supervision  over  the  conduct  of  the  officers  and employees of the authority;  (iv)   report  annually  to  each  customer,  either  by  mail  or  by publication once in a newspaper having general  circulation  within  the district;  such report shall include but not be limited to the following information:  (1)  a  brief  financial  account  on  operations  of the water system including, but not limited to, water rates,  total  revenues,  operating and maintenance expense, and interest on bonds and notes;  (2) the population served by the authority;  (3)  the number of wells, towers and other storage facilities operated by the authority;  (4) the total pumpage of groundwater  including  the  amount  received through  interdistrict  interconnections  and  the estimated amount lost from the system;  (5) the single highest level from each well of each synthetic  organic chemical,  nitrate  and chloride constituent tested for by the authority at any time during the year which exceeds the  applicable  county  water quality  standard  or guideline, that standard or guideline, the site of each well at which each reported constituent was found, and the date  on which each reported constituent was analyzed;  (6)  the  highest  level  from  each  well  of  each synthetic organic chemical, nitrate and chloride constituent tested for by  the  authority at  any time during the year which does not exceed the applicable county water standard or guideline, but which contains  a  level  equal  to  or greater  than  two-thirds  of  the  amount  permitted before exceeding a standard or guideline, that standard or guideline, the site of each well at which each reported constituent was found and the date on which  each reported constituent was analyzed;  (7)  once  every  five  years,  the  highest  level of any constituent discovered within the distribution system which contains a  level  equal to or greater than two-thirds of the amount permitted before exceeding a standard  or  guideline,  that  standard or guideline, and the resulting action taken by the authority;  (8) any well restricted, removed from service or otherwise limited  in its use and the cause for such action;  (9) any actions taken to secure new supplies or replace lost capacity;  (10)  the  types of treatment which the water receives before entering the distribution system;  (11)  any  compliance  activities  required  by  regulations  of   the department  of environmental conservation or the department of health or any local health department and any instances of noncompliance;  (12)  the  present  condition  of  the  distribution  system  and  any significant  actions,  as  determined  by  the  authority, to improve or maintain the system;  (13) any special public services the  authority  provides  during  the year; and  (14)   information   on  water  conservation  measures  customers  can implement, such as, but not limited to, retrofitting plumbing  fixtures, altering  irrigation  timing,  using irrigation sensors, leak detection, proper use of water-consuming appliances,  daily  conscientious  use  of water  and  estimated  savings  of water, energy, and money, from use of these measures;  (v) execute all contracts in the name of the authority;  (vi) institute, at the direction of the board of directors, all  civil actions in the name of the authority;  (vii)  provide for the enforcement of all of the rules and regulations of the authority and cause all violations thereof to be prosecuted;  (viii) sign orders to pay claims  when  authorized  by  the  board  of directors;  (ix)  sign  checks  in  the  absence  or inability of the treasurer or deputy treasurer, if any, when authorized by the board of directors; and a certified copy of a resolution of  the  board  of  directors  to  that effect shall be notice to the depository of such authorization;  (x)  appoint,  subject  to  the  approval  of  the board of directors, non-elected  officers,  counsel,  accountants,   and   other   financial advisors, engineers and other technical advisors;  (xi)   employ,   promote   and  discharge  managers,  supervisors  and employees; and  (xii) take all other reasonable and necessary actions to carry out his or  her  office  as  the  chief  executive  of  the  authority.  If  the chairperson has not been appointed as a member of the board of directors of  the  authority  pursuant  to this section, such chairperson shall be deemed an ex officio member of the board of directors. Such status shall not carry with it the right to vote on matters coming before  the  board of  directors  nor shall the presence of such chairperson be counted for the purpose of determining a quorum.  (b)  Secretary.  (i)  The  secretary  shall  be  the   recording   and corresponding  officer of the authority and the custodian of the records of the authority.  (ii) The secretary shall prepare and  send  required  notices  of  all meetings  when  directed  to  do so by the chairperson or by the written request of four members who have specified the issues to be discussed at the meeting.  (iii) In the absence or disability of the secretary,  the  chairperson may appoint a temporary secretary.  (c)  Treasurer.  (i)  The  treasurer  shall have custody of all moneys belonging to the  authority  and  keep  accounts  of  all  receipts  and expenditures in conformance with a uniform system of accounts formulated and  prescribed by the comptroller pursuant to section thirty-six of the general municipal law.  (ii) The treasurer shall execute a bond, conditioned upon the faithful performance of  the  duties  of  his  or  her  office,  the  amount  and sufficiency of which shall be approved by the board of directors and the premium therefor shall be paid by the authority.  (iii)  The  treasurer  shall  deposit,  within  ten days after receipt thereof, in the name of the authority, in  one  or  more  banks,  and/or trust  companies,  designated  by  the  board  of  directors, all moneys received by him or her.  (iv) The treasurer may sign checks with the facsimile signature of the treasurer, as reproduced by a machine or  device  commonly  known  as  a checksigner, when authorized by the board of directors.  (v)  The  treasurer  shall  pay out moneys from the authority treasury only as authorized by the board  of  directors  and  by  law.  All  such payments,  except  as  may be authorized by the board of directors for a petty cash account, shall be by check.  (vi) The treasurer shall  issue  a  report  on  the  finances  of  the authority at each regular meeting of the board of directors.  (vii)  The treasurer shall file in the office of the authority, within sixty days after the end of the fiscal  year,  a  statement  showing  in detail all revenues and expenditures during the previous fiscal year and the  outstanding  indebtedness  of  the  authority  as of the end of the fiscal year. The members shall, within ten days, cause to  be  published once  in  a  newspaper having general circulation within the district, a notice that the  annual  financial  statement  has  been  filed  and  is available  for  inspection  or  a  summary  of  such statement in a form approved by the comptroller, with an endorsement  thereon  that  details thereof  are  on  file in the office of the authority. The members shall  cause to be audited by a certified public accountant  engaged  for  that purpose, such report and supporting records.   6.  The  officers of the authority shall receive such compensation for their services as shall be fixed by the board of directors and shall  be reimbursed  for all necessary and actual expenses incurred in connection with their duties as such officers and in connection with  the  carrying out of the purposes of this title.   7.  The  authority  and  its  corporate existence shall continue until terminated by law or terminated pursuant to an affirmative vote  of  all five members of the board of directors to retain the water supply system within  the  district  which is in existence as of the effective date of this title; provided, however, that no  such  law  or  vote  shall  take effect  so  long  as  the  agency  shall have bonds or other obligations outstanding unless adequate provision has been made for the  payment  or satisfaction thereof. Except as provided in paragraph (d) of subdivision one  of  section  eleven  hundred  seventy-four-e  of this article, upon termination of the existence of the authority, all  of  the  rights  and properties of the authority then remaining shall pass to and vest in the towns  within  the  district.  Such  property  shall  be apportioned and distributed so each town shall receive the property located  within  its boundaries.   8.  In addition to any powers granted to it by law, the governing body of each of the towns  within  the  district,  from  time  to  time,  may appropriate sums of money to defray project costs or any other costs and expenses  of  the  authority. Subject to the rights of bondholders, each governing body may determine if the  moneys  so  appropriated  shall  be subject  to  repayment by the authority to the towns, and in such event, the manner and time or times for such repayment.   9. For the purposes of article fifteen-A of the  executive  law  only, the  authority  shall  be  deemed a state agency as that term is used in such article, and its contracts for design, construction,  services  and materials  shall  be  deemed  state contracts within the meaning of that term as set forth in such article.   10. 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 towns within the  district  and  state, 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.   11.   (a)   The  county  executive  shall  file  on  or  before  March thirty-first of the year following the year in which  this  title  shall have  become law, in the office of the secretary of state, a certificate signed by the county executive  setting  forth:  (1)  the  name  of  the authority;  (2)  the  names  of  the  members  appointed  by  the county executive and their terms of office; and (3) the effective date of  this title. The authority shall be perpetual in duration, except that 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)  Except  as  provided  in  paragraph  (a) of this subdivision, 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 outstanding unless adequate provision  has  been  made  for  the  payment  or  satisfaction thereof.  Upon termination of the existence of the authority, all of the rights and properties of the authority then remaining shall pass to  and vest in the county.