§ 1149-d. Powers of the authority. The authority shall have the power:\n 1. To sue and be sued;\n 2. To have a seal and alter the same at pleasure;\n 3. To borrow money and issue negotiable notes, bonds, or other\nobligations and to provide for the rights of the holders thereof;\n 4. To enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n 5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law within\nthe district, lease as lessee, hold and use and to sell, lease as\nlessor, transfer or otherwise dispose of, any real or personal property\nor any interest therein, within or without the district, as the\nauthority may deem necessary, convenient or desirable to carry out the\npurpose of this title and to pay the costs thereof; provided, however,\nthat the authority may not condemn real property of a municipality\nwithout the consent of the governing body of such municipality;\n 6. To purchase or refuse to purchase in the name of the authority, any\nwater or sewerage facility, including plants, works, instrumentalities\nor parts thereof and appurtenances thereto, lands, easements, rights in\nland and water rights, rights-of-way, contract rights, franchises,\npermits, approaches, connections, dams, wells, pumps, reservoirs, water\nor sewer mains and pipe lines, pumping stations, treatment facilities,\nmeters, equipment and inventory, or any other property incidental to and\nincluded in such system or part thereof, and any improvements,\nextensions and betterments, situated wholly within the district and to\npay the costs thereof; provided, however that prior to the acquisition\nof any existing water or sewer district, the authority shall discuss and\nconsider the status of current employees of the water or sewer district;\nand further provided, however, that the authority shall have the power\nto purchase any source of supply, supply facility, water supply system,\nor transmission facility or any part thereof situated wholly or partly\nwithout the territorial limits of the district, provided same shall be\nnecessary in order to supply water within the district; and in\nconnection with the purchase of such properties the authority may assume\nany obligations of the owner of such properties and, to the extent\nrequired by the terms of any indentures or other instruments under which\nsuch obligations were issued, the authority may assume and agree to\nperform covenants and observe the restrictions contained in such\ninstruments; and furthermore the owner of any properties, which the\nauthority is authorized to acquire, is hereby authorized to sell or\notherwise transfer the same to the authority, whereupon the authority\nshall become charged with the performance of all public duties with\nrespect to such properties with which such owner was charged and such\nowner shall become discharged from the performance thereof, and as a\nmeans of so acquiring for such purpose, the authority may purchase all\nof the stock or any existing privately owned water corporation or\ncompany and in the case of a sale or other transfer of properties of a\npublic utility corporation pursuant to this provision, upon the purchase\nof the stock of such corporation or company it shall be lawful to\ndissolve such corporation within a reasonable time;\n 7. To construct, improve, maintain, develop, expand or rehabilitate\nwater or sewerage facilities and to pay the costs thereof;\n 8. To operate and manage and to contract for the operation and\nmanagement of facilities of the authority;\n 9. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed,\nowned or operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n 10. To enter into contracts with municipalities or other persons for\nthe collection, treatment and disposal of sewage;\n 11. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n 12. To take all necessary and reasonable actions within the district\nto conserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state sanitary code with regard to\nwater supply and usage, the requiring of cross-connection controls, the\nproviding of educational material and programs to the public, and the\ncooperating with water suppliers outside the district to conserve,\npreserve and protect the entire water reserve as it is affected within\nand outside the authority's supply area;\n 13. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers, and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n 14. With the consent of the governing body of a municipality, to use\nofficers and employees of such municipality and to pay a proper\nproportion of the compensation or costs for the services for such\nofficers or employees;\n 15. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n 16. To prepare a water supply emergency plan which may include, but\nnot be limited to, the following:\n (a) establishment of criteria and procedures to determine critical\nwater levels or safe yield of system;\n (b) identification of existing and future sources of water under\nnormal conditions and emergency conditions;\n (c) system capacity and ability to meet peak demand and fire flows\nconcurrently;\n (d) storage capacities;\n (e) current condition of present interconnections and identification\nof additional interconnections to meet a water supply emergency;\n (f) specific action plan to be followed during a water supply\nemergency including a phased implementation of the plan;\n (g) general water conservation programs and water use reduction\nstrategies for water supply users;\n (h) prioritization of water users;\n (i) identification and availability of emergency equipment needed\nduring a water supply emergency; and\n (j) public notification program coordinated with the phased\nimplementation schedule;\n Such plan shall not be adopted until a public hearing on such plan\nshall have been held, upon not less than fourteen days' notice thereof\nto each customer, either by mail or by publication once in a newspaper\nhaving general circulation within the district; every five years, such\nplan shall be reviewed and revised if necessary after a public hearing,\nwith notice to each customer as aforesaid;\n 17. To enter upon such lands, waters, or premises as in the judgment\nof the authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n 18. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n 19. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the district or to\ncollect, treat or discharge sewage produced within the district;\n 20. To purchase water in bulk from any person, private or public\nbenefit corporation or municipality when necessary or convenient for the\noperation of such water system;\n 21. To produce, develop, distribute and sell water or sewerage\nservices within or without the territorial limits of the district; and\nto purchase water from any municipality, town water district, person,\nassociation or corporation, provided, however, that water or sewerage\nservices may be sold at retail to individual consumers only within the\ndistrict and further provided that in exercising the powers granted by\nthis title, the authority shall not sell water in any area which is\nserved by a water system or sewerage services in any area which is\nserved by a sewerage system owned or operated by a municipality or\nspecial improvement district unless the governing body of such\nmunicipality or district shall adopt a resolution requesting the\nauthority to sell water or sewerage services, as the case may be, in\nsuch served areas;\n 22. To make bylaws for the management and regulation of its affairs\nand rules and regulations for the conservation, preservation and\nprotection of the authority's water supply and, subject to agreements\nwith bondholders, rules for the sale of water or collection of sewage\nand the collection of rents and charges therefor. A copy of such rules,\nregulations and bylaws and any rules and regulations adopted pursuant to\nsubdivision eleven of this section, and all amendments thereto, duly\ncertified by the secretary of the authority shall be filed in the office\nof the county clerk of the county. In addition, the board of supervisors\nby local law shall have power to prescribe that violation of specific\nbylaws, rules, or rules and regulations of the authority, published once\nin a newspaper having general circulation within the county, shall be\npunishable as determined by a court of competent jurisdiction;\n 23. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal of and interest on the bonds, notes, or\nother obligations of the authority together with the maintenance of\nproper reserves therefor, in addition to paying as the same shall become\ndue, the expense of operating and maintaining the properties of the\nauthority together with proper maintenance reserves, capital reserves,\nrepair reserves, other contingency reserves, and all other obligations\nand indebtedness of the authority;\n 24. To enter into cooperative agreements with other authorities,\nmunicipalities, counties, cities, towns, villages, water districts,\nutility companies, individuals, firms or corporations, within or without\nthe territorial limits of the district for the interconnection of\nfacilities, the provision, exchange or interchange of services and\ncommodities, the conservation, preservation and protection of the\nauthority's water reserve as it is affected within and outside the\nauthority's supply area, and, within the territorial limits of the\ndistrict, to enter into a contract for the construction, operation and\nmaintenance of a water supply and distribution system by the authority\nfor any municipality having power to construct and develop a water\nsupply and distribution system or sewerage system or facilities, upon\nsuch terms and conditions as shall be determined to be reasonable,\nincluding but not limited to the reimbursement of all costs of such\nconstruction, or for any other lawful purposes necessary or desirable to\neffect the purposes of this title;\n 25. To provide for the discontinuance or disconnection of the supply\nof water or sewerage service, or both, as the case may be, for\nnonpayment of fees, rates, rents or other charges therefor imposed by\nthe authority, provided such discontinuance or disconnection of any\nwater or sewerage service, or both, as the case may be, shall not be\ncarried out except in the manner and upon the notice as is required of a\nwaterworks corporation pursuant to subdivisions three-a, three-b and\nthree-c of section eighty-nine-b and section one hundred sixteen of the\npublic service law;\n 26. To act as a county water agency in accordance with the provisions\nof article five-A of the county law;\n 27. To do all things necessary, convenient or desirable to carry out\nits purposes and for all exercise of the powers granted in this title.\n