N.Y. Const. art. VIII, § 2-a: Local indebtedness for water supply, sewage disposal and drainage facilities and purposes; allocations and exclusions of indebtedness

§ 2-a. Notwithstanding the provisions of section one of this article,

the legislature by general or special law and subject to such conditions

as it shall impose:

A. May authorize any county, city, town or village or any county or

town on behalf of an improvement district to contract indebtedness to

provide a supply of water, in excess of its own needs, for sale to any

other public corporation or improvement district;

B. May authorize two or more public corporations and improvement

districts to provide for a common supply of water and may authorize any

such corporation, or any county or town on behalf of an improvement

district, to contract joint indebtedness for such purpose or to contract

indebtedness for specific proportions of the cost;

C. May authorize any county, city, town or village or any county or

town on behalf of an improvement district to contract indebtedness to

provide facilities, in excess of its own needs, for the conveyance,

treatment and disposal of sewage from any other public corporation or

improvement district;

D. May authorize two or more public corporations and improvement

districts to provide for the common conveyance, treatment and disposal

of sewage and may authorize any such corporation, or any county or town

on behalf of an improvement district, to contract joint indebtedness for

such purpose or to contract indebtedness for specific proportions of the

cost;

E. May authorize any county, city, town or village or any county or

town on behalf of an improvement district to contract indebtedness to

provide facilities, in excess of its own needs, for drainage purposes

from any other public corporation or improvement district.

F. May authorize two or more public corporations and improvement

districts to provide for a common drainage system and may authorize any

such corporation, or any county or town on behalf of an improvement

district, to contract joint indebtedness for such purpose or to contract

indebtedness for specific proportions of the cost.

Indebtedness contracted by a county, city, town or village pursuant to

this section shall be for a county, city, town or village purpose,

respectively. In ascertaining the power of a county, city, town or

village to contract indebtedness, any indebtedness contracted pursuant

to paragraphs A and B of this section shall be excluded.

The legislature shall provide the method by which a fair proportion of

joint indebtedness contracted pursuant to paragraphs D and F of this

section shall be allocated to any county, city, town or village.

The legislature by general law in terms and in effect applying alike

to all counties, to all cities, to all towns and/or to all villages also

may provide that all or any part of indebtedness contracted or proposed

to be contracted by any county, city, town or village pursuant to

paragraphs D and F of this section for a revenue producing public

improvement or service may be excluded periodically in ascertaining the

power of such county, city, town or village to contract indebtedness.

The amount of any such exclusion shall have a reasonable relation to the

extent to which such public improvement or service shall have yielded or

is expected to yield revenues sufficient to provide for the payment of

the interest on and amortization of or payment of indebtedness

contracted or proposed to be contracted for such public improvement or

service, after deducting all costs of operation, maintenance and repairs

thereof. The legislature shall provide the method by which a fair

proportion of joint indebtedness proposed to be contracted pursuant to

paragraphs D and F of this section shall be allocated to any county,

city, town or village for the purpose of determining the amount of any

such exclusion. The provisions of paragraph C of section five and

section ten-a of this article shall not apply to indebtedness contracted

pursuant to paragraphs D and F of this section.

The legislature may provide that any allocation of indebtedness, or

determination of the amount of any exclusion of indebtedness, made

pursuant to this section shall be conclusive if made or approved by the

state comptroller.