Bill Text: NY A05149 | 2019-2020 | General Assembly | Introduced

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Bill Title: Exempts veterans organizations in New York city, as defined in section 452 of the real property tax law, from payment of city sewer and water charges.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A05149 Detail]

Download: New_York-2019-A05149-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5149
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M.  of  A.  CYMBROWITZ,  COLTON, ABBATE -- read once and
          referred to the Committee on Codes
        AN ACT to amend the public authorities law,  in  relation  to  exempting
          veterans organizations in New York city from sewer and water charges
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 5 of section 1045-j of the  public  authorities
     2  law,  as  amended by chapter 514 of the laws of 1984, is amended to read
     3  as follows:
     4    5. Such fees, rates, rents or other charges, if  not  paid  when  due,
     5  shall  constitute  a  lien upon the premises served and a charge against
     6  the owners thereof, which lien and charge shall  bear  interest  at  the
     7  same  rate  as  would  unpaid  taxes  of  the city. Such lien shall take
     8  precedence over all other liens or encumbrances, except taxes,  and  may
     9  be foreclosed against the lot or building served in the same manner as a
    10  lien  for  such taxes. The amount which remains due and unpaid for sixty
    11  days may, with interest thereon at the same rate as  unpaid  city  taxes
    12  and  with reasonable attorneys' fees, be recovered by the water board in
    13  a civil action in the name of the water board against such  owners.  The
    14  city,  and  any  state  agency shall be subject to the same fees, rates,
    15  rents or other charges under the same conditions as other users of  such
    16  water system or sewerage system, or both, as the case may be. Tax exempt
    17  organizations  shall  be  charged according to the provisions of chapter
    18  six hundred ninety-six of the laws of eighteen hundred eighty-seven,  as
    19  amended  by  chapters eight hundred ninety-three and eight hundred nine-
    20  ty-four of the laws of nineteen hundred eighty and by  provisions  which
    21  may  by  law  extend  the provisions of such chapters from time to time;
    22  provided that veterans organizations, as defined in section four hundred
    23  fifty-two of the real property tax law and located in  the  city,  shall
    24  not  be  charged, any inconsistent provision of law notwithstanding. Any
    25  agreement for the supply of water or sewerage services between the  city
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09352-01-9
        A. 5149                             2
     1  or  an agency thereof and any other municipality or water supply system,
     2  or any administrative determination by a  state  agency,  or  any  other
     3  arrangement  in this regard, in effect at the time the water board shall
     4  be  established,  shall  remain  in full force and effect and be binding
     5  upon the water board as if it were a party to such  agreement,  determi-
     6  nation  or  other arrangement.   All rights, powers, duties, obligations
     7  and functions provided by law with respect to the fixing of  charges  or
     8  rates  for the supply of water or sewerage services to users outside the
     9  city, including but not limited to those set forth in  [article  one  of
    10  title  K  of chapter fifty-one] section 5-429 of the administrative code
    11  of the city of New York and article eight of the environmental conserva-
    12  tion law, shall be deemed to apply, as appropriate, to the  water  board
    13  established  pursuant  to  this title.   In addition to any other lawful
    14  enforcement methods and pursuant to rules and regulations of  the  water
    15  board  promulgated  pursuant  to this title, the payment of fees, rates,
    16  rents or other charges for water service  or  sewerage  service  to  any
    17  premises  may be enforced by discontinuing the water service or sewerage
    18  service to such premises provided that such  discontinuance  or  discon-
    19  nection  of any supply of water or the provision of sewerage service, or
    20  both, as the case may be, shall not be carried out except in the  manner
    21  and upon the notice as is required of a water-works corporation pursuant
    22  to  subdivisions  three-a,  three-b and three-c of section eighty-nine-b
    23  and section one hundred sixteen of the public service law.
    24    § 2. This act shall take effect on the first of January next  succeed-
    25  ing the date on which it shall have become a law.