NY Gen Mun L § 120-U (2021)
2021 New York Laws GMU - General Municipal Article 6 - Public Health and Safety 120-U - Mutual Aid for Water Service.

§  120-u.  Mutual  aid  for water service. 1. As used in this section: (a) "Municipal corporations," "municipality" or  "municipal"  means  and includes  any  city,  village,  district  corporation  or public benefit corporation, which owns  and  operates  a  water  system  for  domestic, commercial or public uses; a suburban town operating a water system as a special  improvement,  with  respect  to such system; and subject to the provisions of subdivision thirteen, a town or county water district;  (b) "Water system" means and includes all the pipes, pumping stations, elevated tanks and other structures and appurtenances necessary  to  the delivery   of   water  under  pressure  and  owned  and  operated  by  a municipality, water works corporation, industrial corporation  or  other water purveyor;  (c)  "Interconnection"  means  and includes all of the piping, valves, pumps or other  appurtenances  installed  between  two  different  water systems  which  are  necessary to make it possible for water from either system to be supplied to the other;  (d) "State coordinator" means the state coordinator  of  water  supply appointed by the state commissioner of health pursuant to the provisions of this section;  (e)  "Emergency"  means a temporary condition of failure or inadequacy of the supply of water resulting from stress of weather,  convulsion  of nature,  fire,  failure  of  power,  mechanical  breakdown,  breakage or stoppage of mains and other portions of  the  waterworks  system  either from  accident,  malice,  acts  of  war  or  civil  commotion,  or other generally unforeseeable events and temporary  interruptions  of  service due to repairs, replacements or extensions.   2.  It  is  hereby  found, determined and declared to be in the public interest that a mutual aid plan for water service in event  of  possible emergency  be  established for municipalities, water works corporations, industrial corporations and other purveyors of water in this state; that an adequate and continued supply of water to all the people of the state is a public purpose vital to the public health and welfare; and that any municipality in the exercise of its powers hereunder will be  performing an  essential governmental function vital to the public security and for the protection of the property of the municipality and its inhabitants.   3. Notwithstanding any inconsistent provision of this  chapter  or  of any other general, special or local law or charter provision, except the applicable  provisions of the public health and conservation laws, every municipality  shall  have,  and  whenever  the  governing  body  of  the municipality  shall  determine that the public interest so requires, may exercise, the power:  (a)  to  construct,  operate  and  maintain  an  interconnection   for emergency  use between its water system and any other water system under such arrangement for payment of costs and emergency use of the  same  as may be agreed upon by the municipality and authorities in charge of such other  water  system  and to acquire necessary lands, easements or other interests in land and rights of way therefor either  within  or  outside the municipality for that purpose;  (b)  to  construct  necessary  waterlines  to extend water service for emergency use  and  to  acquire  necessary  lands,  easements  or  other interests  in  lands and rights of way therefor either within or outside of the municipality for that purpose;  (c)  to  buy  water  or  to   sell   water   delivered   through   any interconnection during an emergency whether or not there be an excess of water for the selling municipality;  (d)  to  enter into agreement with any other municipality, water works corporation, industrial corporation or other purveyor of water as to the rate or charge to be paid for water delivered through an interconnection  during an emergency, which rate shall not include any standby charge nor exceed the rate charged in the selling municipality  or  in  case  of  a water  works  corporation,  the  rate  allowed  by  the  public  service commission for a like amount of water supplied to consumers;  (e)  to  loan  or  borrow temporarily or to rent for stated periods of time or to buy or sell water  works  equipment,  materials  or  supplies provided  that  when  such  are  loaned or rented the borrower or lessee shall be liable for any damage to or loss of the  equipment,  materials, or supplies while lawfully in its possession;  (f)  to temporarily assign any water works official or employee of the municipality  for  the  rendition  of  personal  services   to   another municipality,  water  works corporation, industrial corporation or other purveyor of water without diminution of pay or loss of any civil service or retirement rights provided that  the  borrower  shall  reimburse  the municipality  for all transportation charges and other expenses incurred in connection with such assignment and for all salaries and wages earned by such  official  or  employee  during  the  period  of  his  temporary assignment  and  provided  that the borrower shall reimburse the loaning municipality for the amount of any pay, compensation or awards made as a result of the disability or death from injury of any  such  official  or employee  while  so  assigned.  Any  such  official or employee shall be deemed to continue in the employ of the loaning  municipality  while  so assigned;  (g)  to  enter into any contract or arrangement necessary to give full effect to the provisions of this section;  (h) except as otherwise expressly provided in this section, the powers of  a  municipal  corporation  relating  to  the  construction   of   an interconnection   or  extension,  including  the  furnishing  of  labor, materials, supplies or equipment may  be  exercised  by  resolution  and without  other authorization and shall not be subject to any petition or notice or hearing or permissive or mandatory referendum or  approval  by any  local authority. The powers granted by this section are in addition to and not restrictive of any powers otherwise granted by law.   3-a. Each municipality providing service to residents of a county with a population of one million two hundred fifty thousand or more which  is not  wholly contained within a city shall meter service to its customers within two years of the effective date of this subdivision.   4. Interconnections or extensions located wholly or  in  part  outside the  bounds  of the municipality shall be constructed in accordance with the provisions  of  law,  ordinance  or  regulation  applicable  to  the construction  of  municipal public works located within the constructing municipality.  The making of such  interconnections  and  the  continued supply  of  water  through any such interconnection located wholly or in part outside of the bounds of the municipality for a period  not  longer than  the  necessary and unavoidable duration of the emergency and in no case for a period longer than six months shall not require the  previous consent  and  approval  of  the  water  resources  commission.  However, extension of water service outside the bounds of  a  municipality  shall require   the   prior  consent  and  approval  of  the  water  resources commission. The municipalities,  water  works  corporations,  industrial corporations  or  other  purveyors of water which shall have their water systems interconnected for emergency purposes shall have joint  control, possession and supervision over such interconnections under the terms of a  joint agreement to be effected by them and shall have all the rights, privileges and jurisdiction necessary or proper for carrying such powers into execution. No provision of this section shall operate to  limit  or restrict any municipal power otherwise granted by law.    5.   Whenever  a  municipal  corporation  shall  have  authorized  the construction of the  whole  or  part  of  any  interconnection,  or  any extension  of  a  line to provide water service, the officers charged by law with the duty shall prepare a map or plan  of  the  improvement.  No contract   shall   be   entered   into   for  the  construction  of  the interconnection or extension nor shall any rights  of  way  be  acquired therefor  nor  shall any expense be incurred by any municipality, except for the preparation of the map or plan of the  improvement,  until  such map and plan, if it be for an interconnection, shall be presented to and approved  by the state coordinator, nor until such map and plan if it be for an extension shall  be  presented  to  and  approved  by  the  water resources  commission  with  such modifications, if any, as he or it, as the case may be, shall  determine.    Upon  approval  of  plans  for  an interconnection,  the state coordinator shall file a certificate thereof with the clerk or corresponding officer of  the  municipality  proposing the improvement and in the case of a town or county water district, with the  town  clerk  of the town in which such town district is located, or with the county clerk of the county in which  such  county  district  is located,  as  the  case  may  be. Whenever a municipal corporation shall propose to construct an interconnection jointly with  another  municipal corporation,  or  jointly  with  a  water  works corporation, industrial corporation or other purveyor of water, the proposals shall provide  the portion of the expense to be borne by each and shall be submitted to the state  coordinator  for  approval.  The  submission  of  proposals  by a municipal corporation for the construction of an interconnection jointly with another municipal corporation, water works corporation,  industrial corporation  or other purveyor of water, shall not bind the municipality to the performance of the work or of any  part  thereof,  and  any  such municipal  corporation  may withdraw from the proposal at any time prior to the execution of the contract for the performance of  the  work.  The municipal corporation shall have power to acquire by purchase or eminent domain   proceedings,  lands  and  easement  rights  necessary  for  the improvement both within and outside of the municipality.  This  section, however,  shall not authorize the taking of any lands already devoted to a public use. In any proceeding for the acquisition of lands or easement rights or other interests in land where the municipality  is  unable  to acquire  the  same  by purchase, the municipality may acquire such lands pursuant to the provisions of the eminent domain procedure law.   6. Whenever any interconnection or extension shall cross any  railroad property,  the lines shall be made to cross under such railroad with the least injury practicable and unless the right to cross the same shall be acquired by agreement, compensation shall be ascertained and made to the owners thereof in the manner prescribed by this section for  acquisition of  rights  of  way  of  lands  and  easements  from  private owners. No exclusive title or use shall be so acquired as against any railroad; but the rights acquired shall be a common use of the lands in such manner as to be of the least practical injury to such railroad consistent with the use thereof  for  such  interconnection  or  extension;  nor  shall  any municipal  corporation  take  or use any lands, fixtures or erections of any railroad corporation or have the right to acquire the right  to  run along  or  upon  the  lands  of  any railroad corporation except for the purpose of directly crossing the same.   7. No interconnection shall be  constructed  between  a  public  water system  and  the  water  supply  of any industry without approval of the state coordinator of water supply and the state department of health.   8. No interconnection or extension shall be constructed along, upon or under any state highway without the consent of the state commissioner of transportation; nor along, upon or under any  county  road  without  the  consent  of  the  county  or district superintendent of highways of such county; nor along, upon or under any town highway without the consent of the town superintendent of highways of such town;  nor  upon  any  state lands  without  the  consent of the commissioner of general services who shall  have  power  to  grant  the  right  to  any  municipal  or  other corporation  to  cross state lands upon such terms and conditions as the commissioner may require.   9. No  interconnection  or  extension  shall  be  constructed  by  any municipality  or water works corporation into or through any other city, town  or  village  in  the  state  unless  authorized  by  a  resolution prescribing  the  route,  manner  of  construction  and terms upon which permission is granted, adopted at a regular or special  meeting  of  the legislative body of such other city, town or village by a majority vote. Any such interconnection or extension, or portion thereof, may, however, be  constructed  into  or through any such city, town or village without the consent of local authorities,  if  such  local  authorities  do  not either   grant  or  refuse  the  consent  within  two  weeks  after  the application is filed.   No pavement shall be removed in any city, village or town unless  done under  the direction of the official, board or body having charge of the construction  and  repair  of  pavements,  nor  until   such   municipal corporation  or water works corporation shall give a bond in such sum as the  local  legislative  body  may  require  for  the  replacement   and restoration of any pavements which shall have been removed or damaged.   10. The lands taken or to be taken for the construction, operation and maintenance  of  interconnections, or portions thereof, shall be subject to taxation in the manner prescribed by law,  exclusive  of  underground pipelines  or  conduits  which  shall be exempt from taxation; provided, however, in the event such pipeline  or  conduit,  or  portion  thereof, within a taxable district, is actually used for water supply for a total period  of  more than one hundred eighty days in any year ending on July first,  then  such  pipeline  or  conduit,  or  portion  thereof,  shall constitute taxable property and may be taxed in the manner prescribed by law  on  the next tax-roll. The provisions of this subdivision, however, shall not be construed to make taxable any property  expressly  exempted from taxation under the provisions of article fourteen-c of this chapter or any other general or special law.   11.  The municipality, water works corporation, industrial corporation or other purveyor of water to which the  official  or  employee  of  any other municipality is temporarily assigned for the rendition of personal services  shall be liable and accountable for any act or omission on the part of any such official  or  employee  while  so  assigned  and  shall reimburse   the   loaning  municipality  for  the  amount  of  any  pay, compensation or awards made as a result of any such act or  omission  on the   part   of  such  official  or  employee  while  so  assigned.  The municipality, water works corporation, industrial corporation  or  other purveyor  of  water  which  borrows  or  rents  water  works  materials, equipment or supplies from another  municipality  shall  be  liable  and accountable  for any damages sustained resulting from the use, operation or maintenance of such materials, equipment or  supplies  while  in  its possession  and  shall reimburse the loaning municipality for the amount of any pay, compensation or awards made as  a  result  of  such  damages sustained  during  the  loan or rental period. In any action brought for the recovery of such damages, the borrowing municipality shall have  the right to intervene as a party defendant.   12.   To  further  the  purposes  of  this  section,  to  promote  the installation of needed interconnections and the reinforcement  of  water supply  systems  to  meet  any  possible  emergency  conditions  and  to  facilitate  the  interchange  of  water  works   personnel,   equipment, materials  or supplies between municipalities, water works corporations, industrial  corporations  or  other  purveyors  of  water  in  event  of emergencies,  the  state  commissioner  of  health  may  appoint a state coordinator of water supply and may divide the state into any number  of water  service  zones  and appoint zone coordinators of water supply and assistant zone coordinators of water supply who shall  be  officials  or employees  of  the  state  department  of  health,  municipal  or county departments of health or public works or municipal water works and shall serve without additional compensation for  services  rendered  under  or pursuant  to the provisions of this section. It shall be the duty of all local water officials to cooperate with the state and zone water  supply coordinators on all matters related to mutual aid for water service.   The state coordinator shall have power:  (a) to investigate and study existing water systems in the state as to the need for their reinforcement, integration or interconnection to meet the requirements of any public emergency;  (b)  to  collect and disseminate information and data and to engage in technical studies, scientific investigations  and  statistical  research relating to interconnecting water systems;  (c)  to collect and disseminate information and data on the extent and availability of water personnel, water equipment and other  water  works materials and supplies;  (d)  to ask for and receive aid and assistance from zone coordinators, assistant zone coordinators and municipal and water works  officials  in the performance of his duties;  (e)  to  review  and coordinate plans and preparations for exchange of personnel, equipment, materials and supplies between  municipalities  or between municipalities and water works corporations, water districts and industrial corporations in an emergency;  (f)  to review and approve or disapprove plans for the interconnection of water systems.   Each zone coordinator, with  the  assistance  of  the  assistant  zone coordinator shall have jurisdiction within the water service zone in and for which he is appointed;  (a)  to  aid in the preparation of plans for water interconnections or extensions;  (b) to tabulate the extent and availability  of  personnel,  equipment and other water works materials and supplies;  (c)  to  formulate  plans  for  the  expeditious  use of the available personnel, equipment and other water works  materials  and  supplies  in case of an emergency.   13.  The  powers  granted  to  a  town or county water district may be exercised only by the town board of the town in which such town district is located, or by the board of supervisors of the county in  which  such county district is located, as the case may be, subject to the following conditions, limitations and exceptions:  (a) Notwithstanding the provisions of section one hundred ninety-seven of  the town law, or section two hundred sixty-two of the county law, as the case may be, prohibiting the award of contracts if the total expense of the improvement shall  exceed  the  maximum  amount  proposed  to  be expended for the improvement as stated in the petition, or the notice of hearing  published,  as  the  case  may  be,  for  the  establishment or extension of the district, the  town  board,  in  the  case  of  a  town district, may direct the town engineer, or if there be no town engineer, a  competent  civil  engineer duly licensed by the state of New York, to prepare a map and general plan, or the board of supervisors, in the case of a county district, may direct the county water agency to cause a  map  and   general   plan   to  be  prepared,  for  the  construction  of  an interconnection between the water system of the district and  any  other water system or for the construction of an extension of the water system of the district and to prepare an estimate of the portion of the expense thereof  to  be borne by the district.  When such map, plan and estimate for a town district are submitted, the town board shall  call  a  public hearing  thereon  and  cause a notice thereof to be published and posted and such hearing to be held, all in the manner provided in  section  two hundred  and  two-b  of  the  town  law. After such hearing and from the evidence given thereat, if the town board shall determine that it is  in the  public  interest  to construct the interconnection or extension and that all property and  property  owners  within  the  district  will  be benefited  thereby,  it  may  proceed  with  the  work  subject to other applicable provisions of this section. When such map, plan and  estimate for  a  county  district  are  submitted, the board of supervisors shall determine the necessity of such interconnection  or  extension  and  may cause  the same to be accomplished in the manner provided in section two hundred sixty-eight of the  county  law,  subject  to  other  applicable provisions  of  this  section.  A  copy of the determination of the town board, or of the board of supervisors, signed and  certified,  shall  be duly  recorded  in  the  office  of the clerk of the county in which the district is located and when so recorded shall be  presumptive  evidence of  the regularity of the proceedings of the town board, or the board of supervisors, as the case may be. Any interested party aggrieved  by  the determination  of  the  town  board, or the board of supervisors, as the case may be, may review the same in the  manner  set  forth  in  article seventy-eight  of  the  civil  practice  law  and  rules  provided  that application for such review is made within thirty days from the time  of filing the determination in the office of the county clerk.  (b)  The expense of constructing and maintaining an interconnection or an extension hereunder shall be assessed and levied upon  and  collected from  the  several  lots  and  parcels  of land located within the water district in the same manner as the expense of maintaining  the  existing water system of such district.  (c)  No  interconnection  or  extension shall be constructed hereunder either wholly or partially at the expense  of  a  water  district  which shall have a separate board of water commissioners, unless a majority of such  commissioners  shall  execute  and  file in the office of the town clerk their consent thereto in writing.  (d) The provisions of article twelve or article twelve-A of  the  town law,  in  the  case  of a town district, or article five-A of the county law, in the case of a county district, in so far as applicable  and  not inconsistent  with  the  provisions  of this section, shall apply to the construction  of  water   district   interconnections   and   extensions authorized and approved as provided in this section.   14.  The powers and duties of the state coordinator hereunder shall be deemed to be powers and duties of the state  department  of  health  and shall  be exercised by the state coordinator subject to the supervision, direction and control of the state commissioner of health.   15. The powers conferred by this section  shall  be  in  addition  and supplemental  to  the  powers  contained  in  any  other law and nothing contained herein shall be construed as limiting any right or power  that a municipality now has or may hereafter have pursuant to law.   16.  The provisions of this section shall not apply to the city of New York. However, nothing in this section shall be construed as prohibiting or removing the obligation of New York city to furnish or sell water  to other  municipalities  as may be required by the provisions of any other law.    17. If any part,  provision  or  paragraph  of  this  section  or  the application thereof to any person or circumstances shall be held invalid by  any  court  of  competent jurisdiction, the remainder thereof or the application of such part, provision or paragraph to any other person  or circumstances shall not be affected thereby.