Bill Text: NY A04984 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires New York city water board to wait at least thirty days after adoption of the city budget before setting its annual fees, rates, rents or other charges for the use of the sewage system or water system, or both.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2012-01-04 - referred to cities [A04984 Detail]

Download: New_York-2011-A04984-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4984
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2011
                                      ___________
       Introduced  by  M. of A. BRENNAN, ORTIZ, LANCMAN, MILLMAN, COOK, COLTON,
         GIBSON, N. RIVERA, DenDEKKER -- Multi-Sponsored by -- M. of A. ABBATE,
         GOTTFRIED, MARKEY, M. MILLER, PHEFFER, SCARBOROUGH --  read  once  and
         referred to the Committee on Cities
       AN ACT to amend the public authorities law, in relation to requiring the
         New  York  city  water  board  to  wait at least thirty days after the
         adoption of the New York city executive budget to establish the annual
         fees and charges for the use of the sewerage system and water system
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 1 of section 1045-j of the public authorities
    2  law, as added by chapter 513 of the laws of 1984, is amended to read  as
    3  follows:
    4    1.  The  water  board  shall  establish, fix and revise, [from time to
    5  time,] NOT LESS THAN THIRTY DAYS AFTER THE  ADOPTION  OF  THE  EXECUTIVE
    6  BUDGET  BY  THE CITY, THE ANNUAL fees, rates, rents or other charges for
    7  the use of, or services furnished, rendered or made  available  by,  the
    8  sewerage  system  or water system, or both, as the case may be, owned by
    9  the water board pursuant to this title in such amount   at least  suffi-
   10  cient  at  all  times  so  as  to  provide funds in an amount sufficient
   11  together with other revenues available to the board, if any, (i) to  pay
   12  to  the  authority, in accordance with any agreement with the authority,
   13  an amount sufficient for the purpose of paying the principal of and  the
   14  interest  on the outstanding notes or bonds of the authority as the same
   15  shall become due and payable and maintaining or  funding  a  capital  or
   16  debt  service  reserve fund therefor and, to the extent requested by the
   17  city in, or annually pursuant to, the agreement to pay to the  city,  in
   18  accordance  with  the agreement, an amount sufficient for the purpose of
   19  paying the principal of and interest on general obligation bonds thereof
   20  issued for or allocable to the water system or sewerage system or  both,
   21  as  the  case  may  be, as the same shall become due and payable, and to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08094-01-1
       A. 4984                             2
    1  maintain or fund reserves therefor, (ii) to pay to the city, in  accord-
    2  ance  with the agreement, an amount sufficient for the purpose of paying
    3  the costs of administering, maintaining, repairing and operating and the
    4  cost  of constructing capital improvements to the water system or sewer-
    5  age system or both, as the case may be, (iii) to  pay  to  the  city  in
    6  accordance with the agreement entered into pursuant to section one thou-
    7  sand  forty-five-i of this title an amount sufficient for the purpose of
    8  paying liabilities issued for or allocable to the water system or sewer-
    9  age system or both, as the case may be, as the same shall become due and
   10  payable, (iv) to  meet  any  requirements  of  any  agreement  including
   11  requirements  relating  to the establishment of reserves for renewal and
   12  replacement and for uncollected charges and covenants respecting  rates,
   13  (v)  to pay all other reasonable and necessary expenses of the authority
   14  and the water  board  in  relation  thereto,  and  (vi)  to  the  extent
   15  requested by the city in or pursuant to the agreement, to pay or provide
   16  for  such  other purposes or projects as such city considers appropriate
   17  and in the public interest. Any surplus of funds remaining in the  water
   18  board  after  such payments have been made shall be returned to the city
   19  for deposit in the general fund.
   20    S 2. Subdivision 9-a of section 1045-j of the public authorities  law,
   21  as  added  by  chapter  184  of  the laws of 1997, is amended to read as
   22  follows:
   23    9-a. [The] AFTER THE CITY ADOPTS AN EXECUTIVE BUDGET, THE water  board
   24  shall  hold  public  hearings,  in each borough of the city of New York,
   25  prior to promulgating or fixing [annual water and sewer rates  for  such
   26  city]  ITS ANNUAL FEES, RATES, RENTS OR OTHER CHARGES FOR THE USE OF, OR
   27  SERVICES FURNISHED, RENDERED OR MADE AVAILABLE BY, THE  SEWERAGE  SYSTEM
   28  OR  WATER  SYSTEM, OR BOTH, AS THE CASE MAY BE, OWNED BY THE WATER BOARD
   29  PURSUANT TO THIS TITLE. THE WATER BOARD'S ANNUAL WATER AND  SEWER  RATES
   30  CANNOT  BE  SET  LESS THAN THIRTY DAYS AFTER THE CITY ADOPTS ITS BUDGET.
   31  Notice of such public hearing shall  be  conspicuously  published  in  a
   32  newspaper of general circulation, within each borough, at least one week
   33  prior to the hearing.
   34    S 3. This act shall take effect immediately.