Bill Text: NY A09905 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the public service commission, upon application by a municipality, to order costs for infrastructure maintenance and access to be charged to all customer classes located in such municipality; provides that all costs allocated to the infrastructure maintenance and access function of a water-works corporation including equipment used in connection with the sale, furnishing, transmission and distribution of water for domestic, commercial, public and emergency purposes are eligible to be apportioned to customers in a municipality.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-19 - REFERRED TO RULES [A09905 Detail]

Download: New_York-2011-A09905-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9905
                                 I N  A S S E M B L Y
                                    April 20, 2012
                                      ___________
       Introduced by M. of A. PAULIN -- read once and referred to the Committee
         on Corporations, Authorities and Commissions
       AN  ACT  in  relation to authorizing the public service commission, upon
         application by a municipality, to order costs for infrastructure main-
         tenance and access to be charged to all customer  classes  located  in
         such municipality
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. 1. Notwithstanding any law to the contrary, a  municipality
    2  may apply to the public service commission to have any costs for infras-
    3  tructure  maintenance  and  access it is charged by a water-works corpo-
    4  ration to instead be charged to all customers across all customer class-
    5  es located in the municipality provided  the  municipality  has  held  a
    6  public hearing on the matter and has adopted a resolution and determined
    7  by  a  majority  vote of the total voting strength of its governing body
    8  that it is in the overall public interest to have such costs charged  to
    9  all customers across all customer classes. Within 120 days after receiv-
   10  ing  an  application pursuant to this act, the public service commission
   11  is empowered and directed to issue an order  requiring  that  costs  for
   12  infrastructure  maintenance  and access be included in the rates charged
   13  to all customer classes and apportioned among all customers  located  in
   14  the  municipality  and that such municipality shall not be charged sepa-
   15  rately or additionally for  costs  for  infrastructure  maintenance  and
   16  access.    The public service commission shall have the power to request
   17  any information that it may deem necessary from the  water-works  corpo-
   18  ration or municipality so that it may issue an order as required by this
   19  section  and  may require that such information or application be in the
   20  form and manner as the commission may request.
   21    2. Definitions. For purposes of this act:
   22    a. "costs for infrastructure maintenance and access" means  all  costs
   23  associated  with  maintenance and operation of infrastructure and equip-
   24  ment used in connection with  the  sale,  furnishing,  transmission  and
   25  distribution  of  water  for  domestic, commercial, public and emergency
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13741-05-2
       A. 9905                             2
    1  purposes and shall also mean costs or charges associated with  municipal
    2  access to infrastructure or equipment.
    3    b.  "municipality"  shall  mean a city, town or village located in the
    4  county of Westchester.
    5    c. "water-works corporation" shall have the same meaning as that  term
    6  is defined in section 2 of the public service law.
    7    S 2. This act shall take effect immediately.