Bill Text: NY A03509 | 2019-2020 | 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 8-0)

Status: (Introduced - Dead) 2020-01-08 - referred to cities [A03509 Detail]

Download: New_York-2019-A03509-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3509
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of  A.  CARROLL,  ORTIZ,  COOK, COLTON, DenDEKKER --
          Multi-Sponsored by -- M. of A. ABBATE, GOTTFRIED, M. G. MILLER -- 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
    22  maintain  or fund reserves therefor, (ii) to pay to the city, in accord-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02011-01-9

        A. 3509                             2
     1  ance with the agreement, an amount sufficient for the purpose of  paying
     2  the costs of administering, maintaining, repairing and operating and the
     3  cost  of constructing capital improvements to the water system or sewer-
     4  age  system  or  both,  as  the case may be, (iii) to pay to the city in
     5  accordance with the agreement entered into pursuant to section one thou-
     6  sand forty-five-i of this title an amount sufficient for the purpose  of
     7  paying liabilities issued for or allocable to the water system or sewer-
     8  age system or both, as the case may be, as the same shall become due and
     9  payable,  (iv)  to  meet  any  requirements  of  any agreement including
    10  requirements relating to the establishment of reserves for  renewal  and
    11  replacement  and for uncollected charges and covenants respecting rates,
    12  (v) to pay all other reasonable and necessary expenses of the  authority
    13  and  the  water  board  in  relation  thereto,  and  (vi)  to the extent
    14  requested by the city in or pursuant to the agreement, to pay or provide
    15  for such other purposes or projects as such city  considers  appropriate
    16  and  in the public interest. Any surplus of funds remaining in the water
    17  board after such payments have been made shall be returned to  the  city
    18  for deposit in the general fund.
    19    §  2. Subdivision 9-a of section 1045-j of the public authorities law,
    20  as added by chapter 184 of the laws of  1997,  is  amended  to  read  as
    21  follows:
    22    9-a.  [The] After the city adopts an executive budget, the water board
    23  shall hold public hearings, in each borough of the  city  of  New  York,
    24  prior  to  promulgating or fixing [annual water and sewer rates for such
    25  city] its annual fees, rates, rents or other charges for the use of,  or
    26  services  furnished,  rendered or made available by, the sewerage system
    27  or water system, or both, as the case may be, owned by the  water  board
    28  pursuant  to  this title. The water board's annual water and sewer rates
    29  cannot be set less than thirty days after the city  adopts  its  budget.
    30  Notice  of  such  public  hearing  shall be conspicuously published in a
    31  newspaper of general circulation, within each borough, at least one week
    32  prior to the hearing.
    33    § 3. This act shall take effect immediately.
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