2023 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.