§ 120-U — Mutual aid for water service

§ 120-u. Mutual aid for water service. 1. As used in this section:\n(a) "Municipal corporations," "municipality" or "municipal" means and\nincludes any city, village, district corporation or public benefit\ncorporation, which owns and operates a water system for domestic,\ncommercial or public uses; a suburban town operating a water system as a\nspecial improvement, with respect to such system; and subject to the\nprovisions of subdivision thirteen, a town or county water district;\n (b) "Water system" means and includes all the pipes, pumping stations,\nelevated tanks and other structures and appurtenances necessary to the\ndelivery of water under pressure and owned and operated by a\nmunicipality, water works corporation, industrial corporation or other\nwater purveyor;\n (c) "Interconnection" means and includes all of the piping, valves,\npumps or other appurtenances installed between two different water\nsystems which are necessary to make it possible for water from either\nsystem to be supplied to the other;\n (d) "State coordinator" means the state coordinator of water supply\nappointed by the state commissioner of health pursuant to the provisions\nof this section;\n (e) "Emergency" means a temporary condition of failure or inadequacy\nof the supply of water resulting from stress of weather, convulsion of\nnature, fire, failure of power, mechanical breakdown, breakage or\nstoppage of mains and other portions of the waterworks system either\nfrom accident, malice, acts of war or civil commotion, or other\ngenerally unforeseeable events and temporary interruptions of service\ndue to repairs, replacements or extensions.\n 2. It is hereby found, determined and declared to be in the public\ninterest that a mutual aid plan for water service in event of possible\nemergency be established for municipalities, water works corporations,\nindustrial corporations and other purveyors of water in this state; that\nan adequate and continued supply of water to all the people of the state\nis a public purpose vital to the public health and welfare; and that any\nmunicipality in the exercise of its powers hereunder will be performing\nan essential governmental function vital to the public security and for\nthe protection of the property of the municipality and its inhabitants.\n 3. Notwithstanding any inconsistent provision of this chapter or of\nany other general, special or local law or charter provision, except the\napplicable provisions of the public health and conservation laws, every\nmunicipality shall have, and whenever the governing body of the\nmunicipality shall determine that the public interest so requires, may\nexercise, the power:\n (a) to construct, operate and maintain an interconnection for\nemergency use between its water system and any other water system under\nsuch arrangement for payment of costs and emergency use of the same as\nmay be agreed upon by the municipality and authorities in charge of such\nother water system and to acquire necessary lands, easements or other\ninterests in land and rights of way therefor either within or outside\nthe municipality for that purpose;\n (b) to construct necessary waterlines to extend water service for\nemergency use and to acquire necessary lands, easements or other\ninterests in lands and rights of way therefor either within or outside\nof the municipality for that purpose;\n (c) to buy water or to sell water delivered through any\ninterconnection during an emergency whether or not there be an excess of\nwater for the selling municipality;\n (d) to enter into agreement with any other municipality, water works\ncorporation, industrial corporation or other purveyor of water as to the\nrate or charge to be paid for water delivered through an interconnection\nduring an emergency, which rate shall not include any standby charge nor\nexceed the rate charged in the selling municipality or in case of a\nwater works corporation, the rate allowed by the public service\ncommission for a like amount of water supplied to consumers;\n (e) to loan or borrow temporarily or to rent for stated periods of\ntime or to buy or sell water works equipment, materials or supplies\nprovided that when such are loaned or rented the borrower or lessee\nshall be liable for any damage to or loss of the equipment, materials,\nor supplies while lawfully in its possession;\n (f) to temporarily assign any water works official or employee of the\nmunicipality for the rendition of personal services to another\nmunicipality, water works corporation, industrial corporation or other\npurveyor of water without diminution of pay or loss of any civil service\nor retirement rights provided that the borrower shall reimburse the\nmunicipality for all transportation charges and other expenses incurred\nin connection with such assignment and for all salaries and wages earned\nby such official or employee during the period of his temporary\nassignment and provided that the borrower shall reimburse the loaning\nmunicipality for the amount of any pay, compensation or awards made as a\nresult of the disability or death from injury of any such official or\nemployee while so assigned. Any such official or employee shall be\ndeemed to continue in the employ of the loaning municipality while so\nassigned;\n (g) to enter into any contract or arrangement necessary to give full\neffect to the provisions of this section;\n (h) except as otherwise expressly provided in this section, the powers\nof a municipal corporation relating to the construction of an\ninterconnection or extension, including the furnishing of labor,\nmaterials, supplies or equipment may be exercised by resolution and\nwithout other authorization and shall not be subject to any petition or\nnotice or hearing or permissive or mandatory referendum or approval by\nany local authority. The powers granted by this section are in addition\nto and not restrictive of any powers otherwise granted by law.\n 3-a. Each municipality providing service to residents of a county with\na population of one million two hundred fifty thousand or more which is\nnot wholly contained within a city shall meter service to its customers\nwithin two years of the effective date of this subdivision.\n 4. Interconnections or extensions located wholly or in part outside\nthe bounds of the municipality shall be constructed in accordance with\nthe provisions of law, ordinance or regulation applicable to the\nconstruction of municipal public works located within the constructing\nmunicipality. The making of such interconnections and the continued\nsupply of water through any such interconnection located wholly or in\npart outside of the bounds of the municipality for a period not longer\nthan the necessary and unavoidable duration of the emergency and in no\ncase for a period longer than six months shall not require the previous\nconsent and approval of the water resources commission. However,\nextension of water service outside the bounds of a municipality shall\nrequire the prior consent and approval of the water resources\ncommission. The municipalities, water works corporations, industrial\ncorporations or other purveyors of water which shall have their water\nsystems interconnected for emergency purposes shall have joint control,\npossession and supervision over such interconnections under the terms of\na joint agreement to be effected by them and shall have all the rights,\nprivileges and jurisdiction necessary or proper for carrying such powers\ninto execution. No provision of this section shall operate to limit or\nrestrict any municipal power otherwise granted by law.\n 5. Whenever a municipal corporation shall have authorized the\nconstruction of the whole or part of any interconnection, or any\nextension of a line to provide water service, the officers charged by\nlaw with the duty shall prepare a map or plan of the improvement. No\ncontract shall be entered into for the construction of the\ninterconnection or extension nor shall any rights of way be acquired\ntherefor nor shall any expense be incurred by any municipality, except\nfor the preparation of the map or plan of the improvement, until such\nmap and plan, if it be for an interconnection, shall be presented to and\napproved by the state coordinator, nor until such map and plan if it be\nfor an extension shall be presented to and approved by the water\nresources commission with such modifications, if any, as he or it, as\nthe case may be, shall determine. Upon approval of plans for an\ninterconnection, the state coordinator shall file a certificate thereof\nwith the clerk or corresponding officer of the municipality proposing\nthe improvement and in the case of a town or county water district, with\nthe town clerk of the town in which such town district is located, or\nwith the county clerk of the county in which such county district is\nlocated, as the case may be. Whenever a municipal corporation shall\npropose to construct an interconnection jointly with another municipal\ncorporation, or jointly with a water works corporation, industrial\ncorporation or other purveyor of water, the proposals shall provide the\nportion of the expense to be borne by each and shall be submitted to the\nstate coordinator for approval. The submission of proposals by a\nmunicipal corporation for the construction of an interconnection jointly\nwith another municipal corporation, water works corporation, industrial\ncorporation or other purveyor of water, shall not bind the municipality\nto the performance of the work or of any part thereof, and any such\nmunicipal corporation may withdraw from the proposal at any time prior\nto the execution of the contract for the performance of the work. The\nmunicipal corporation shall have power to acquire by purchase or eminent\ndomain proceedings, lands and easement rights necessary for the\nimprovement both within and outside of the municipality. This section,\nhowever, shall not authorize the taking of any lands already devoted to\na public use. In any proceeding for the acquisition of lands or easement\nrights or other interests in land where the municipality is unable to\nacquire the same by purchase, the municipality may acquire such lands\npursuant to the provisions of the eminent domain procedure law.\n 6. Whenever any interconnection or extension shall cross any railroad\nproperty, the lines shall be made to cross under such railroad with the\nleast injury practicable and unless the right to cross the same shall be\nacquired by agreement, compensation shall be ascertained and made to the\nowners thereof in the manner prescribed by this section for acquisition\nof rights of way of lands and easements from private owners. No\nexclusive title or use shall be so acquired as against any railroad; but\nthe rights acquired shall be a common use of the lands in such manner as\nto be of the least practical injury to such railroad consistent with the\nuse thereof for such interconnection or extension; nor shall any\nmunicipal corporation take or use any lands, fixtures or erections of\nany railroad corporation or have the right to acquire the right to run\nalong or upon the lands of any railroad corporation except for the\npurpose of directly crossing the same.\n 7. No interconnection shall be constructed between a public water\nsystem and the water supply of any industry without approval of the\nstate coordinator of water supply and the state department of health.\n 8. No interconnection or extension shall be constructed along, upon or\nunder any state highway without the consent of the state commissioner of\ntransportation; nor along, upon or under any county road without the\nconsent of the county or district superintendent of highways of such\ncounty; nor along, upon or under any town highway without the consent of\nthe town superintendent of highways of such town; nor upon any state\nlands without the consent of the commissioner of general services who\nshall have power to grant the right to any municipal or other\ncorporation to cross state lands upon such terms and conditions as the\ncommissioner may require.\n 9. No interconnection or extension shall be constructed by any\nmunicipality or water works corporation into or through any other city,\ntown or village in the state unless authorized by a resolution\nprescribing the route, manner of construction and terms upon which\npermission is granted, adopted at a regular or special meeting of the\nlegislative body of such other city, town or village by a majority vote.\nAny such interconnection or extension, or portion thereof, may, however,\nbe constructed into or through any such city, town or village without\nthe consent of local authorities, if such local authorities do not\neither grant or refuse the consent within two weeks after the\napplication is filed.\n No pavement shall be removed in any city, village or town unless done\nunder the direction of the official, board or body having charge of the\nconstruction and repair of pavements, nor until such municipal\ncorporation or water works corporation shall give a bond in such sum as\nthe local legislative body may require for the replacement and\nrestoration of any pavements which shall have been removed or damaged.\n 10. The lands taken or to be taken for the construction, operation and\nmaintenance of interconnections, or portions thereof, shall be subject\nto taxation in the manner prescribed by law, exclusive of underground\npipelines or conduits which shall be exempt from taxation; provided,\nhowever, in the event such pipeline or conduit, or portion thereof,\nwithin a taxable district, is actually used for water supply for a total\nperiod of more than one hundred eighty days in any year ending on July\nfirst, then such pipeline or conduit, or portion thereof, shall\nconstitute taxable property and may be taxed in the manner prescribed by\nlaw on the next tax-roll. The provisions of this subdivision, however,\nshall not be construed to make taxable any property expressly exempted\nfrom taxation under the provisions of article fourteen-c of this chapter\nor any other general or special law.\n 11. The municipality, water works corporation, industrial corporation\nor other purveyor of water to which the official or employee of any\nother municipality is temporarily assigned for the rendition of personal\nservices shall be liable and accountable for any act or omission on the\npart of any such official or employee while so assigned and shall\nreimburse the loaning municipality for the amount of any pay,\ncompensation or awards made as a result of any such act or omission on\nthe part of such official or employee while so assigned. The\nmunicipality, water works corporation, industrial corporation or other\npurveyor of water which borrows or rents water works materials,\nequipment or supplies from another municipality shall be liable and\naccountable for any damages sustained resulting from the use, operation\nor maintenance of such materials, equipment or supplies while in its\npossession and shall reimburse the loaning municipality for the amount\nof any pay, compensation or awards made as a result of such damages\nsustained during the loan or rental period. In any action brought for\nthe recovery of such damages, the borrowing municipality shall have the\nright to intervene as a party defendant.\n 12. To further the purposes of this section, to promote the\ninstallation of needed interconnections and the reinforcement of water\nsupply systems to meet any possible emergency conditions and to\nfacilitate the interchange of water works personnel, equipment,\nmaterials or supplies between municipalities, water works corporations,\nindustrial corporations or other purveyors of water in event of\nemergencies, the state commissioner of health may appoint a state\ncoordinator of water supply and may divide the state into any number of\nwater service zones and appoint zone coordinators of water supply and\nassistant zone coordinators of water supply who shall be officials or\nemployees of the state department of health, municipal or county\ndepartments of health or public works or municipal water works and shall\nserve without additional compensation for services rendered under or\npursuant to the provisions of this section. It shall be the duty of all\nlocal water officials to cooperate with the state and zone water supply\ncoordinators on all matters related to mutual aid for water service.\n The state coordinator shall have power:\n (a) to investigate and study existing water systems in the state as to\nthe need for their reinforcement, integration or interconnection to meet\nthe requirements of any public emergency;\n (b) to collect and disseminate information and data and to engage in\ntechnical studies, scientific investigations and statistical research\nrelating to interconnecting water systems;\n (c) to collect and disseminate information and data on the extent and\navailability of water personnel, water equipment and other water works\nmaterials and supplies;\n (d) to ask for and receive aid and assistance from zone coordinators,\nassistant zone coordinators and municipal and water works officials in\nthe performance of his duties;\n (e) to review and coordinate plans and preparations for exchange of\npersonnel, equipment, materials and supplies between municipalities or\nbetween municipalities and water works corporations, water districts and\nindustrial corporations in an emergency;\n (f) to review and approve or disapprove plans for the interconnection\nof water systems.\n Each zone coordinator, with the assistance of the assistant zone\ncoordinator shall have jurisdiction within the water service zone in and\nfor which he is appointed;\n (a) to aid in the preparation of plans for water interconnections or\nextensions;\n (b) to tabulate the extent and availability of personnel, equipment\nand other water works materials and supplies;\n (c) to formulate plans for the expeditious use of the available\npersonnel, equipment and other water works materials and supplies in\ncase of an emergency.\n 13. The powers granted to a town or county water district may be\nexercised only by the town board of the town in which such town district\nis located, or by the board of supervisors of the county in which such\ncounty district is located, as the case may be, subject to the following\nconditions, limitations and exceptions:\n (a) Notwithstanding the provisions of section one hundred ninety-seven\nof the town law, or section two hundred sixty-two of the county law, as\nthe case may be, prohibiting the award of contracts if the total expense\nof the improvement shall exceed the maximum amount proposed to be\nexpended for the improvement as stated in the petition, or the notice of\nhearing published, as the case may be, for the establishment or\nextension of the district, the town board, in the case of a town\ndistrict, may direct the town engineer, or if there be no town engineer,\na competent civil engineer duly licensed by the state of New York, to\nprepare a map and general plan, or the board of supervisors, in the case\nof a county district, may direct the county water agency to cause a map\nand general plan to be prepared, for the construction of an\ninterconnection between the water system of the district and any other\nwater system or for the construction of an extension of the water system\nof the district and to prepare an estimate of the portion of the expense\nthereof to be borne by the district. When such map, plan and estimate\nfor a town district are submitted, the town board shall call a public\nhearing thereon and cause a notice thereof to be published and posted\nand such hearing to be held, all in the manner provided in section two\nhundred and two-b of the town law. After such hearing and from the\nevidence given thereat, if the town board shall determine that it is in\nthe public interest to construct the interconnection or extension and\nthat all property and property owners within the district will be\nbenefited thereby, it may proceed with the work subject to other\napplicable provisions of this section. When such map, plan and estimate\nfor a county district are submitted, the board of supervisors shall\ndetermine the necessity of such interconnection or extension and may\ncause the same to be accomplished in the manner provided in section two\nhundred sixty-eight of the county law, subject to other applicable\nprovisions of this section. A copy of the determination of the town\nboard, or of the board of supervisors, signed and certified, shall be\nduly recorded in the office of the clerk of the county in which the\ndistrict is located and when so recorded shall be presumptive evidence\nof the regularity of the proceedings of the town board, or the board of\nsupervisors, as the case may be. Any interested party aggrieved by the\ndetermination of the town board, or the board of supervisors, as the\ncase may be, may review the same in the manner set forth in article\nseventy-eight of the civil practice law and rules provided that\napplication for such review is made within thirty days from the time of\nfiling the determination in the office of the county clerk.\n (b) The expense of constructing and maintaining an interconnection or\nan extension hereunder shall be assessed and levied upon and collected\nfrom the several lots and parcels of land located within the water\ndistrict in the same manner as the expense of maintaining the existing\nwater system of such district.\n (c) No interconnection or extension shall be constructed hereunder\neither wholly or partially at the expense of a water district which\nshall have a separate board of water commissioners, unless a majority of\nsuch commissioners shall execute and file in the office of the town\nclerk their consent thereto in writing.\n (d) The provisions of article twelve or article twelve-A of the town\nlaw, in the case of a town district, or article five-A of the county\nlaw, in the case of a county district, in so far as applicable and not\ninconsistent with the provisions of this section, shall apply to the\nconstruction of water district interconnections and extensions\nauthorized and approved as provided in this section.\n 14. The powers and duties of the state coordinator hereunder shall be\ndeemed to be powers and duties of the state department of health and\nshall be exercised by the state coordinator subject to the supervision,\ndirection and control of the state commissioner of health.\n 15. The powers conferred by this section shall be in addition and\nsupplemental to the powers contained in any other law and nothing\ncontained herein shall be construed as limiting any right or power that\na municipality now has or may hereafter have pursuant to law.\n 16. The provisions of this section shall not apply to the city of New\nYork. However, nothing in this section shall be construed as prohibiting\nor removing the obligation of New York city to furnish or sell water to\nother municipalities as may be required by the provisions of any other\nlaw.\n 17. If any part, provision or paragraph of this section or the\napplication thereof to any person or circumstances shall be held invalid\nby any court of competent jurisdiction, the remainder thereof or the\napplication of such part, provision or paragraph to any other person or\ncircumstances shall not be affected thereby.\n