New York 2025-2026 Regular Session

New York Senate Bill S08703

Introduced
1/7/26  

Caption

Establishes the New York water authority for the purposes of purchasing, upgrading, and maintaining small private water companies.

Summary

This bill creates the New York Water Authority as a new public benefit corporation and also authorizes creation of a related New York Water Board. The stated purpose is to address struggling small private water companies across the state, particularly in upstate New York, by allowing the state to step in to acquire, operate, repair, and maintain water, wastewater, and storm water systems. The bill sets out detailed governance structures, including appointment processes, qualifications for board members, advisory board composition, meeting requirements, and conflict-of-interest rules. The authority and board would have broad powers to borrow money, issue bonds, acquire property, enter contracts, construct and rehabilitate infrastructure, set rates and charges, and provide water and sewer services directly or through subsidiaries. The bill also establishes financing and oversight provisions, including bondholder remedies, annual audits, reporting requirements, open meetings compliance, tax exemptions, and payment-in-lieu-of-taxes obligations when acquired property is removed from local tax rolls. It further provides for transfer of certain employees, preservation of existing labor rights, and supersession of inconsistent local laws where necessary to carry out the act.

Impact

The bill would amend the Public Authorities Law by adding a new title creating a statewide framework for the New York Water Authority and Water Board. It would expand state authority over small water systems in the upstate region, authorize public acquisition and operation of private water companies, and create new statutory rules governing financing, governance, labor transfers, taxation, municipal agreements, and litigation involving the authority and board. Local governments, state agencies, private water companies, employees, ratepayers, and bondholders would all be affected by the new structure.

Sentiment

The bill text reflects a strongly supportive policy rationale, emphasizing that many small water companies are financially unable to provide safe, reliable, and affordable service and that state intervention is needed to improve water quality and infrastructure. Because there are no committee transcripts or recorded votes provided, there is no documented public debate in the supplied materials, but the bill’s framing suggests an intent to present the proposal as a public health and infrastructure solution. Overall, the available context indicates a pro-reform, pro-investment sentiment centered on improving service in upstate New York.

Contention

The main areas of potential contention are the bill’s breadth of state power and its effects on local control, private ownership, and municipal finances. The proposal allows the authority to acquire or operate water systems, issue debt, set rates, and supersede inconsistent local laws, which could raise concerns among municipalities, private water companies, and ratepayers about governance, autonomy, and affordability. Additional points of sensitivity include the tax exemptions for the authority, the use of public financing and bond-backed obligations, and the requirement for payments in lieu of taxes to local governments and school districts after acquisition of formerly taxable property.

Companion Bills

No companion bills found.

Previously Filed As

NY S01790

Establishes the New York water authority for the purposes of purchasing, upgrading, and maintaining small private water companies; makes an appropriation therefor.

NY S09062

Adds Salmon Creek in Monroe County to the definition of inland waterways for the purposes of waterfront revitalization.

NY A09408

Adds Salmon Creek in Monroe County to the definition of inland waterways for the purposes of waterfront revitalization.

NY A08163

Establishes the public water justice act; prohibits sale of waters of the state unless otherwise specifically authorized; establishes a public water justice fund for royalties and fees collected from persons or entities authorized to sell waters of the state.

NY A09224

Authorizes the New York State Energy Research and Development Authority to loan money to utility companies for purposes of capital expenditures; authorizes the issuance of bonds.

NY S04071

Includes stormwater in the definition of sewage for purposes of certain water, sewer, and water and sewer authorities; defines stormwater.

NY A07467

Includes stormwater in the definition of sewage for purposes of certain water, sewer, and water and sewer authorities; defines stormwater.

NY S09683

Authorizes the city of New York to sell certain lands now or formerly under the waters of Whale Creek otherwise known as Wyckoff Creek, and formerly a tributary of Newtown Creek.

NY A10883

Authorizes the city of New York to sell certain lands now or formerly under the waters of Whale Creek otherwise known as Wyckoff Creek, and formerly a tributary of Newtown Creek.

NY S09622

Enacts the "private well testing act"; authorizes the department of health to promulgate rules and regulations to establish standards for the testing of drinking water from privately owned wells.

Similar Bills

No similar bills found.