NY Gen Mun L § 360 (2021)
2021 New York Laws GMU - General Municipal Article 14-A - Gas and Electric Service 360 - Powers Granted to Municipal Corporations to Establish, Own and Operate Certain Public Utility Services.

§  360. Powers granted to municipal corporations to establish, own and   operate certain public utility services.  1. "Public utility service" as   used in this article shall mean any service authorized to  be  furnished   by  any  public  utility  company pursuant to article four of the public   service law and shall include works, structures,  poles,  lines,  wires,   conduits,  mains,  systems,  waterpower  and  any and all other real and   personal property used or necessary for, connected with or  appertaining   to  the furnishing of such service.  "Municipal corporations" as used in   this article shall mean a county, city, town or village.2.  Notwithstanding  any  general  or  special  law,   any   municipal   corporation  may  construct,  lease,  purchase, own, acquire, use and/or   operate any public utility service within  or  without  its  territorial   limits,  for  the purpose of furnishing to itself or for compensation to   its inhabitants, any service similar to that  furnished  by  any  public   utility  company  specified  in  article four of the public service law.   For  such  purpose,  any  municipal  corporation  may  purchase  gas  or   electrical  energy  from  the  state, or from any state agency, or other   municipal corporation, or from any private or public corporation.3.  The  proposed  method  of   constructing,   leasing,   purchasing,   acquiring, the plant and facilities for such service, together with both   the  maximum  and  the  estimated  costs  thereof,  and  the  method  of   furnishing such service shall be fixed by a local law in the case  of  a   city,  or  by a village ordinance or local law in the case of a village,   or by a resolution of the board of supervisors in the case of a  county,   or by a resolution of the town board in the case of a town.4.  Authority to enact such a local law for a city is hereby conferred   upon the local legislative body of the city as defined in the  municipal   home rule law. Authority to enact such an ordinance or a local law for a   village  is  hereby conferred upon the board of trustees of the village.   Authority to adopt such a resolution for a county  is  hereby  conferred   upon  the  board of supervisors of the county. Authority to adopt such a   resolution for a town is hereby conferred upon the  town  board  of  the   town.5.  Any  such  action  by the local legislative body of a city, before   taking effect, shall be submitted for the approval of  the  electors  of   the  city  at  the next general election or at a special election called   for such purpose, in the manner provided by, and in accordance with  the   provisions  of the municipal home rule law relative to the submission of   other local laws  required  thereby  to  be  submitted  in  a  mandatory   referendum  and  according to the procedure provided by the election law   for general or special elections.  Any  such  action  by  the  board  of   supervisors  of  a  county, before taking effect, shall be submitted for   the approval of the electors of the county at the next general  election   in  such  county  held  not  less  than  ninety  days after the adoption   thereof; or at a special election called in the same manner  as  far  as   practicable  as  provided  in  the  election law with respect to special   elections called by the governor.  Any  such  action  by  the  board  of   trustees  of a village, before taking effect, shall be submitted for the   approval of the electors of the village at the next general election  in   such  village  to  be  held not less than ninety days after the adoption   thereof; or at a special election called in the same manner as  provided   in  the  village  law  for  the submission of a proposition at a special   village election. Such submission shall be in the  manner  provided  by,   and  in  accordance  with  the  provisions  of  the  village law for the   submission of any other question by referendum on petition, except  that   the  referendum on the proposition provided for in this section shall be   mandatory. Any such action  by  the  town  board  of  a  town  shall  be   submitted  for  the  approval  of  the  electors of the town at the next    general election to be held not less than ninety days after the adoption   of such resolution; or at a special election called in the  same  manner   as provided in the town law for submission of a proposition at a special   town meeting or a special town election. Such submission shall be in the   manner  provided  by,  and in accordance with the provisions of the town   law for the submission of any other question by referendum on  petition,   except  that  the  referendum  on  the  proposition provided for in this   section shall be mandatory.  Every such local  law,  village  ordinance,   resolution  of the board of supervisors or resolution of the town board,   as the case may be, and notice  of  the  submission  thereof,  shall  be   published  in one or more newspapers published within the city, village,   county or town, as the case may be, to be designated by the  legislative   body  of  the  municipal corporation affected, once in each week for six   consecutive weeks immediately preceding such election; and if  there  be   no  such newspaper in such city, village, county or town, then in one or   more newspapers published in an adjoining city, village, county or town,   most likely to come to the attention of the electors  of  the  municipal   corporation affected.6.  Such municipal corporation may for such purpose acquire the public   utility service of any public  utility  company  operating  pursuant  to   article  four  of  the  public  service  law or any other public utility   service within or without its territorial limits,  by  purchase,  or  by   condemnation  in  the  manner  provided  by law for condemnation by such   municipal corporation  of  private  property  for  a  public  use.  Such   municipal  corporation  shall  have the power to construct or acquire by   purchase or condemnation any transmission lines or pipes  connecting  it   with  any  source or sources of gas, either natural, artificial or mixed   or electric power or  production  and  to  share  with  other  municipal   corporations the cost of such transmission lines or pipes.7.  The  method of operation of and the rates, rentals and charges for   such service and the procedure for their collection shall  be  fixed  by   the legislative body of the municipal corporation.