NY Pub Auth L § 1114-D (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 5-A - South Nassau Water Authority 1114-D - South Nassau Water Authority.

* § 1114-d. South  Nassau  water  authority. 1. A corporation known as "South Nassau water authority" 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 of the public service law. The authority shall be governed by a board of directors consisting  of  five  members. The  governing  board  of  the  town  of  Hempstead  shall appoint three members, and the Nassau county legislature shall appoint two members who are residents serviced by the water  authority  of  South  Nassau.  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 officer 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. Nothing  in  this  section  shall  be  construed  as  preventing a chief executive officer of a municipality from appointing himself  or  herself to be a member of the board of directors.   2.  If  the  authority decides to enter into a contract to purchase or otherwise acquire an interest in the New  York  American  water  service corporation  or  to  initiate  a condemnation proceeding pursuant to the eminent domain procedure law for the area it services within  the  South Nassau  water authority district, prior to entering into any contract to purchase or otherwise acquire an interest in the New York American water service corporation or the initiation of any condemnation proceeding  by the  authority pursuant to the eminent domain procedure law for the area it services within  the  South  Nassau  water  authority  district,  the authority  shall  provide ratepayers within the area serviced by the New York American water service  corporation  and  the  public  with  public forums  for  the  expression  and  discussion  of  views  regarding such purchase, acquisition or condemnation of the  New  York  American  water service  corporation. The authority shall hold at least one forum in the town of Hempstead.   3. If the authority decides to enter into a contract  to  purchase  or otherwise  acquire  an  interest  in the New York American water service corporation or to initiate a condemnation  proceeding  pursuant  to  the eminent  domain  procedure law for the area it services within the South Nassau water authority district, the authority is authorized to  provide registered  voters  within  the  area  serviced by the New York American water service  corporation  within  the  South  Nassau  water  authority district  prior  to entering into such contract to purchase or otherwise acquire an interest in the New York American water  service  corporation or  the  initiation  of  any  condemnation  proceeding  by the authority pursuant to the eminent domain procedure law for the area the  New  York American  water  service  corporation  services  within the South Nassau water  authority  district,  with  a  nonbinding  referendum,  regarding whether  the  authority  should  enter  into  a  contract to purchase or otherwise acquire an interest in the New  York  American  water  service corporation or initiate condemnation proceedings pursuant to the eminent domain  procedure  law  for the area it services within the South Nassau water authority district. The proposition shall be placed on the  ballot and  voted  upon at a special election on a date to be determined by the Nassau county board of elections.   4. 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  elected  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.   5.  No  action  shall be taken by the authority except pursuant to the favorable vote of a simple majority of the board of directors.   6. 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, who together are authorized  to cast  a  majority  of  the vote, 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.   7. The officers of the authority shall consist of a chairperson,  vice chairperson, deputy chairperson, treasurer, and secretary, who shall 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 expenses, 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, nonelected 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) Vice chairperson. The vice chairperson shall  perform  all  duties delegated to him or her by the chairperson and, in the absence or during the  disability  of  the  chairperson, the vice chairperson shall act as chairperson.  (c) Deputy chairperson.  The  deputy  chairperson  shall  perform  all duties  delegated  to  him  or  her  by  the  chairperson  or  the  vice chairperson.  (d)   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.  (e) 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.   8.  The  terms  of  the  chairperson,  vice  chairperson  and   deputy chairperson  first  appointed  shall be staggered, the chairperson first appointed shall serve for a period of four years, the  vice  chairperson first  appointed  shall serve for a period of three years and the deputy chairperson first appointed shall serve  for  a  period  of  two  years; thereafter  their  successors  shall  serve for terms of four years. The remaining officers shall each serve terms of  one  year.  The  board  of directors  shall  have  the right, at any time, to extend any such term, for  a  period  of  months,  to  provide  that  such   term   terminates contemporaneously with the end of the fiscal year of the authority.   9.  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.   10.  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  municipalities  within  the district.  Such  property shall be apportioned and distributed among the municipalities within the district in direct proportion to their  voting on the date of the termination of the authority.   11. In addition to any powers granted to it by law, the governing body of  each  of  the municipalities 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 municipalities, and in such event, the manner and time or times for such repayment.   12.  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.   13. 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 municipalities 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.   * NB There are 2 § 1114-d's   * NB Effective February 1, 2022