Assembly Bill A3250

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

                                  3250

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced by M. of A. WEPRIN -- 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:

  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,] NOT LESS THAN THIRTY DAYS AFTER THE  ADOPTION  OF  THE  EXECUTIVE
BUDGET  BY  THE CITY, THE ANNUAL 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  suffi-
cient  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 accordance 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 therefor 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  accord-
ance  with the agreement, an amount sufficient for the purpose of paying

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02343-01-9
              

A. 3250                             2

the costs of administering, maintaining, repairing and operating and the
cost of constructing capital improvements to the water system or  sewer-
age  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 thou-
sand  forty-five-i of this title an amount sufficient for the purpose of
paying liabilities issued for or allocable to the water system or sewer-
age 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 uncollected 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.
  S 2. Subdivision 9-a of section 1045-j of the public authorities  law,
as  added  by  chapter  184  of  the laws of 1997, is amended to read as
follows:
  9-a. [The] AFTER THE CITY ADOPTS AN EXECUTIVE BUDGET, THE water  board
shall  hold  public  hearings,  in each borough of the city of New York,
prior to promulgating or fixing [annual water and sewer rates  for  such
city]  ITS ANNUAL 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. THE WATER BOARD'S ANNUAL WATER AND  SEWER  RATES
CANNOT  BE  SET  LESS THAN THIRTY DAYS AFTER THE CITY ADOPTS ITS BUDGET.
Notice of such public hearing shall  be  conspicuously  published  in  a
newspaper of general circulation, within each borough, at least one week
prior to the hearing.
  S 3. This act shall take effect immediately.