2023 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