2023 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.