S T A T E   O F   N E W   Y O R K
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                                  11167

                          I N  A S S E M B L Y

                              May 21, 2010
                               ___________

Introduced  by  M.  of  A.  D. WEPRIN  --  read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to increases  in
  fees,  rates,  rents or other charges established by the New York city
  water board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 1045-j of the public authorities
law, as added by chapter 513 of the laws of 1984, is amended to read  as
follows:
  1. The water board shall establish, fix and revise, from time to time,
fees,  rates,  rents  or  other  charges  for  the  use  of, or services
furnished, rendered or made available by, the sewerage system  or  water
system,  or  both, as the case may be, owned by the water board pursuant
to this title in such amount  at least sufficient at all times so as  to
provide  funds  in  an  amount  sufficient  together with other revenues
available to the board, if any, (i) to pay to the authority, in  accord-
ance with any agreement with the authority, an amount sufficient for the
purpose  of  paying the principal of and the interest on the outstanding
notes or bonds of the authority as the same shall become due and payable
and maintaining or funding a capital or debt service reserve fund there-
for and, to the extent requested by the city in,  or  annually  pursuant
to,  the agreement to pay to the city, in accordance with the agreement,
an amount sufficient for the purpose of  paying  the  principal  of  and
interest  on general obligation bonds thereof issued for or allocable to
the water system or sewerage system or both, as the case may be, as  the
same  shall  become  due  and  payable, and to maintain or fund reserves
therefor, (ii) to pay to the city, in accordance with the agreement,  an
amount  sufficient for the purpose of paying the costs of administering,
maintaining, repairing and operating and the cost of constructing  capi-
tal  improvements to the water system or sewerage system or both, as the
case may be, (iii) to pay to the city in accordance with  the  agreement
entered into pursuant to section one thousand forty-five-i of this title
an amount sufficient for the purpose of paying liabilities issued for or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17332-01-0

A. 11167                            2

allocable  to  the  water system or sewerage system or both, as the case
may be, as the same shall become due  and  payable,  (iv)  to  meet  any
requirements  of  any  agreement  including requirements relating to the
establishment  of  reserves  for  renewal and replacement and for uncol-
lected charges and covenants respecting rates,  (v)  to  pay  all  other
reasonable  and  necessary expenses of the authority and the water board
in relation thereto, and (vi) to the extent requested by the city in  or
pursuant  to the agreement, to pay or provide for such other purposes or
projects as such city considers appropriate and in the public  interest.
Any  surplus  of  funds remaining in the water board after such payments
have been made shall be returned to the city for deposit in the  general
fund.    ALL  FEES, RATES, RENTS OR OTHER CHARGES ESTABLISHED, FIXED AND
REVISED BY THE WATER BOARD SHALL INCREASE BY NO MORE THAN  FIVE  PERCENT
ANNUALLY OR THE CURRENT RATE OF INFLATION, WHICHEVER IS GREATER.
  S 2. This act shall take effect immediately.