Bill Text: NY S05278 | 2013-2014 | General Assembly | Amended

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Bill Title: Authorizes the public service commission, upon application by a municipality, following a local law, 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; defines municipality as a city, town or village in Westchester county.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2013-06-20 - SUBSTITUTED BY A4086A [S05278 Detail]

Download: New_York-2013-S05278-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5278--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 15, 2013
                                      ___________
       Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
         and when printed to be committed to the Committee on Energy and  Tele-
         communications   --   committee   discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       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 with notice on the matter and has  adopted  a  resolution
    7  and  determined  by  a majority vote of the total voting strength of its
    8  governing body that it is in the overall public interest  to  have  such
    9  costs charged to all customers across all customer classes.  Any savings
   10  achieved as a result of this action shall be applied to the property tax
   11  levy  of  the  municipality  which  has  adopted such a resolution in an
   12  amount equal to such savings in the following fiscal year.   Within  120
   13  days  after  receiving  an  application pursuant to this act, the public
   14  service commission is empowered and directed to issue an order requiring
   15  that costs for infrastructure maintenance and access be included in  the
   16  rates  charged to all customer classes and apportioned among all custom-
   17  ers located in the municipality and that such municipality shall not  be
   18  charged  separately or additionally for costs for infrastructure mainte-
   19  nance and access.  The public service commission shall have the power to
   20  request any information that it may deem necessary from the  water-works
   21  corporation or municipality so that it may issue an order as required by
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10876-03-3
       S. 5278--A                          2
    1  this  section and may require that such information or application be in
    2  the form and manner as the commission may request.
    3    2. Definitions. For purposes of this act:
    4    a.  "costs  for infrastructure maintenance and access" means all costs
    5  associated with maintenance and operation of infrastructure  and  equip-
    6  ment  used  in  connection  with  the sale, furnishing, transmission and
    7  distribution of water for domestic,  commercial,  public  and  emergency
    8  purposes  and shall also mean costs or charges associated with municipal
    9  access to infrastructure or equipment.
   10    b. "municipality" shall mean a city, town or village  located  in  the
   11  county of Westchester.
   12    c.  "water-works corporation" shall have the same meaning as that term
   13  is defined in section 2 of the public service law.
   14    S 2. This act shall take effect immediately.