NY Pub Auth L § 1114-D-2 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 5-A*2 - North Shore Water Authority 1114-D*2 - Water Authority of North Shore.

* §  1114-d. Water authority of North Shore. 1. A corporation known as "water authority of North Shore" 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 six members. The governing boards of the villages of Old Brookville,  Sea  Cliff,  Roslyn Harbor,  and  the  City  of Glen Cove shall each appoint one member. The governing board of the Town of Oyster  Bay  shall  appoint  two  members representing  the  residents  of the unincorporated hamlets of Glen Head and Glenwood Landing who are serviced by the water  authority  of  North Shore.  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. 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  water authority  of  North Shore 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  water  authority  of  North  Shore 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 each of the towns of North Hempstead, Oyster Bay, and  city of  Glen  Cove  within  the portions of the towns of North Hempstead and Oyster Bay and the city of Glen Cove serviced by the New  York  American water service corporation.   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  water authority  of  North  Shore  district,  the  authority  is authorized to provide registered voters within the  area  serviced  by  the  New  York American  water  service corporation within the water authority of North Shore 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  water authority  of  North  Shore  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 water authority of  North  Shore district. The proposition shall be placed on the ballot  and voted upon at a special election or 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  fifty-one  percent  of  the total authorized voting strength of the board of directors. The total authorized voting strength of the board of directors shall be:  (a) The number of weighted votes possessed by each member of the board of directors shall be determined in accordance with paragraphs (b),  (c) and  (d)  of  this  subdivision,  except each member shall possess equal weighted votes prior to the adjustment pursuant to paragraph (d) of this subdivision;  (b) No action shall be taken by the authority except pursuant  to  the favorable  vote  of  at  least:  (i)  fifty-one  percent  of  the  total authorized voting strength of the board of  directors;  and  (ii)  three members  of  the  board of directors, at least two of whom shall be from among the four members of the board of directors possessing the greatest number of weighted votes;  (c) The vote of each member shall be equal to one  hundred  multiplied by  a fraction, the numerator of which shall be equal to the quantity of water supplied by the authority to the owners,  tenants,  occupants  and other  water  users  in  the  municipality  from  which  such member was appointed and the denominator of which shall be equal to the quantity of water supplied by the authority to the owners,  tenants,  occupants  and other water users in all of the municipalities within the district; and  (d) Commencing on the first day of January, two thousand twenty-three, and  every four years thereafter, the authorized number of votes of each member shall be adjusted in accordance with the  formula  set  forth  in paragraph (c) of this subdivision to reflect the total quantity of water supplied  by the authority to owners, tenants, occupants and other water users in each municipality within the district during the  two  calendar years  immediately  preceding  the date on which the adjustment is being made.   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. Four members of the board of directors, who together are  authorized  to cast  a  majority  of  the weighted 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 weighted 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