BILL NUMBER: S1790
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the public authorities law, in relation to establishing
the New York water authority; and making an appropriation therefor
 
SUMMARY OF PROVISIONS:
Section 1: Amends the Public Service Law by adding a new Title 10-E,
entitled the. New York Water Authority. Title 5-A contains nineteen
sections, which establish the statutory scheme for the Water Authority..
These sections are as follows:
*1240-a. Legislative findings and declaration of policy.
*1240-b. Definitions.
*1240-c. New York water authority.
*1240-d. General powers of the authority.
*1240-e. New York water authority advisory board.
*12404. Water board.
*1240-g. Powers of the water board to operate, purchase, and maintain
certain water companies.
*1240-h. Appropriations for purposes of the water board or authority;
transfer or acquisition of property; contracts.
*1240-1 Transfer of officers and employees.
*1240-j. Subsidiaries.
*1240-k. Bonds of the authority.
*1240-1. Remedies of bondholders.
*1240-m. Local governments, state, and water board not liable on bonds
or notes; authority liable.
*1240-n. Legal investments.
*1240-o. Moneys of the authority.
*1240-p. Agreement of the state.
*1240-q. Exemption from taxes, assessments and certain fees.
*1240-r. Payment in lieu of taxes.
*1240-s. Repayment of state appropriations.
*12404. Audit and annual reports.
*1240-u. Authority subject to open meetings law.
*1240-v. Actions against the water board and authority.
*1240-w. Conflicts of interest.
*1240-x. Severability.
*1240-y. Inconsistent provisions of other laws superseded.
 
JUSTIFICATION:
Water infrastructure is incredibly costly to repair and replace with
some systems untouched and eroding for decades. Outside of municipal
water sources, there are roughly 300 small, private water systems
throughout New York state that serve nearly one million people in mostly
upstate and rural communities. This infrastructure is in desperate need
of repairs and requires immediate attention; however, these companies
often lack access to capital for sufficient upgrades, and, with fewer
users available to pay for improvements, the high per-user cost of main-
taining and improving the water system renders these projects impossible
to complete without outside financial assistance.
This bill creates an Authority fOr the purpolie of identifying small
water companies that are no longer financially capable of maintaining
reliable, adequate and safe water service to their customers at just,
reasonable, and affordable rates. Once identified, the Authority could
take over ownership of these small water companies and assist in repair-
ing the infrastructure necessary to improve water quality, quantity,
safety/compliance with state and federal law, and service to customers.
The Authority would have the ability to bond, which will help produce
the funding needed to make the repairs that these struggling small water
companies are unable to afford to do on their own without drastic rate
increases. Access to dean, safe water is a right now enshrined in the
New York State Constitution. We must ensure everyone receive clean water
without
 
LEGISLATIVE HISTORY:
03/09/22 S8535 - REFERRED TO FINANCE
 
FISCAL IMPLICATIONS:
$100 Million
 
EFFECTIVE DATE:
180 days after enactment