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

                                  9770

                          I N  A S S E M B L Y

                            January 26, 2010
                               ___________

Introduced by M. of A. BRENNAN, ORTIZ, LANCMAN, MILLMAN, COOK, COLTON --
  Multi-Sponsored  by  -- M. of A. ABBATE, GOTTFRIED, MARKEY, M. MILLER,
  NOLAN, PHEFFER, SCARBOROUGH -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

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
the costs of administering, maintaining, repairing and operating and the

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

                                                           LBD02343-01-9

A. 9770                             2

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.