Bill Text: NY A04501 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to credits for charges in which services were not supplied; requires the city of New York to make certain that there are no charges being levied for services which were not supplied to a covered entity; requires accounts to be credited for services not provided.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2019-02-04 - referred to cities [A04501 Detail]

Download: New_York-2019-A04501-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4501
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M. of A. WEPRIN, ORTIZ -- Multi-Sponsored by -- M. of A.
          LENTOL -- read once and referred to the Committee on Cities
        AN ACT to amend chapter 696 of the laws of 1887, relating  to  providing
          hospitals,  orphan  asylums  and  other charitable institutions in the
          city of New York with water, in relation to  credits  for  charges  in
          which services were not supplied
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3 of chapter 696 of the laws of 1887,  relating  to
     2  providing hospitals, orphan asylums and other charitable institutions in
     3  the  city of New York with water, is amended by adding a new subdivision
     4  c to read as follows:
     5    c. 1. Notwithstanding any other law, rule or regulation to the contra-
     6  ry, before any water charges are imposed on  any  entity  enumerated  in
     7  section  one  of  this act, the city of New York shall make certain that
     8  there are no charges being levied for services which were  not  supplied
     9  to such entity.
    10    2.  In  instances  where the city of New York has employed an improper
    11  meter multiplier, and where the city of  New  York  has  had  active  or
    12  constructive  knowledge  of  the existence of such incorrect multiplier,
    13  the city of New York shall grant the entity credit for the  period  when
    14  billing  was  based  on  the  improper  multiplier. Such credit shall be
    15  available in instances, including, but not limited to, where  an  entity
    16  has  installed  a  cooling  tower  meter,  in accordance with city regu-
    17  lations, and an average daily flow has been determined from actual meter
    18  readings.  In such cases, the average daily flow shall be  measured  and
    19  recorded  by  the city of New York and then applied, using typical proc-
    20  esses for such calculations, to the periods in which services  were  not
    21  supplied  to  establish  the  amount of the credit to be granted for the
    22  relevant period, beginning with the date of installation of the meter.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08236-01-9

        A. 4501                             2
     1    3. In any instance where there have been charges levied  for  services
     2  not  supplied,  credits  allowed under this subdivision shall be applied
     3  retroactively up to ten years from the effective date of  this  subdivi-
     4  sion.  Any  interest charges levied against such entity for services not
     5  supplied shall be credited to such entity's account.
     6    4.  This  subdivision shall apply retroactively to all relevant claims
     7  of overcharges, failure to apply appropriate  credits,  and/or  improper
     8  estimation  of  an  entity's  usage, without limitation, for all periods
     9  pre-dating the effective date of this  subdivision.  Any  claims  by  an
    10  entity  previously  determined  by  court  order  to  be  time-barred or
    11  resolved through settlement are hereby revived, and action  thereon  may
    12  be  commenced  to avail such entity of the rights and remedies set forth
    13  in this subdivision.
    14    § 2. This act shall take effect immediately.
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