NY State Senate Bill 2009-S5876

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to corporations, authorities and commissions
Jun 15, 2009	referred to rules

2009-S5876 (ACTIVE) - Details

See Assembly Version of this Bill:: A8943
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §1045-f, rpld & add sub 2, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1527, A3342
2013-2014: S1542

2009-S5876 (ACTIVE) - Summary

Relates to the membership of the New York city water board.

2009-S5876 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5876

 TITLE OF BILL :
An act to amend the public authorities law, in relation to the
membership of the New York city water board; and to repeal certain
provisions of such law relating thereto


 PURPOSE :
To make changes to the composition of the New York city water board

 SUMMARY OF PROVISIONS :
Section one of the bill would change the composition of the New York
City water board from seven appointees, all by the mayor to four
appointees by the mayor, one each by the city comptroller, public
advocate and speaker of the New York city council.

Section two makes certain technical amendments.

Section three sets forth the effective date and the process and timing
for the new appointments.

 JUSTIFICATION :
The Water Board leases the City's water and sewer system from the City
and is required to set rates and collect revenues sufficient to cover
operating and debt service expenses.  Board powers and

responsibilities are set forth in the statute creating the Board and
the NYC Municipal Water Finance Authority ("NYW"); the Lease between
the Board and the City; and the Financing Agreement among the Board,
the City and NYW.

Under the current statute, the Board consists of seven members
appointed to two year terms by the Mayor. The Mayor also appoints the
Chairperson from among the members. If not reappointed, a member
serves until replaced. Events of the past three years have
demonstrated that this sole Mayoral control of the Water Board does
not serve the best interests of the public.

In the FY 2008 - FY 2010 rate-setting cycles, three successive
double-digit increases in water and sewer rates were imposed.
Fundamental questions about the factors contributing to such increases
were raised by Water Board members, civic and affordable housing
organizations, and elected officials.

These concerns came to a head in the FY 2009 rate-setting process in
May 2008. In response, then-DEP Commissioner Emily Lloyd committed to
conduct an independent in-depth study of the overall rate structure,
and to have the study completed in time to inform the Board's FY 2010
rate setting. The Water Board agreed to pay for this study out of
water and sewer fee revenues.

Also in 2008, another issue emerged that drew public and Water Board
attention, that of gas drilling in the Marcellus Shale formation that
underlies, in part, the Catskill-Delaware watershed. This drilling
incorporates a new technique called hydraulic fracturing that involves
toxic chemicals and very high volumes of water. DEP's response to this
new threat to the watershed was to commission a study with an
indeterminate due date.  Several members of the Board expressed
concern that DEP was not moving aggressively enough to protect the
watershed from the risks of this drilling, which could undercut the
Filtration Avoidance Determination and the hundreds of millions of
dollars the City has spent to protect the watershed.

Subsequent to these two instances of Board members challenging City
actions, three of the Board members who had expressed concerns about
City policy resigned from the Board, one of them after having been
replaced as Chairman after many years of service. Under the new Board
leadership, no effort has been made to hold the DEP to its commitment
to complete the rate study, which as a result was not been completed
on the promised timetable and was not available in the Water Board's
2010 rate-setting process. The DEP study on gas drilling is also
incomplete after almost a year.

These actions and outcomes demonstrate the inadequacy of the Water
Board's current membership structure to safeguard the interests of
ratepayers and the water system. With full Mayoral control and
composition, the Board is merely an instrument of City policy rather
than an independent actor. This affects not only the decisions of the
Board but the very process by which decisions are reached - there is
no independent questioning, monitoring or accountability imposed on
the City.

This bill would address the Board's lack of true independence by
adding appointees of other City-wide elected officials to the Board.
It would not expand the Board, but rather, replace 3 of the 7 Mayoral
appointees with appointees of the City Comptroller, City Council
Speaker, and Public Advocate. While the Mayor would continue to
appoint a majority, these new members would ensure that new and
ongoing challenges would be addressed freely and impartially.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S5876 (ACTIVE) - Bill Text download pdf

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

                                  5876

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 15, 2009
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public authorities law, in relation to  the  member-
  ship  of  the  New  York  city  water  board;  and  to  repeal certain
  provisions of such law relating thereto

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

  Section  1.  Subdivision 2 of section 1045-f of the public authorities
law is REPEALED and a new subdivision 2 is added to read as follows:
  2. A. THE WATER BOARD SHALL CONSIST OF SEVEN MEMBERS TO BE  APPOINTED,
AS FOLLOWS:
  (I) FOUR MEMBERS APPOINTED BY THE MAYOR;
  (II) ONE MEMBER APPOINTED BY THE NEW YORK CITY COMPTROLLER;
  (III)  ONE MEMBER APPOINTED BY THE PUBLIC ADVOCATE FOR THE CITY OF NEW
YORK; AND
  (IV) ONE MEMBER APPOINTED BY THE SPEAKER OF THE NEW YORK CITY COUNCIL.
  B. TERMS OF OFFICE OF THE MEMBERS SHALL BE TWO  YEARS.  AT  LEAST  ONE
MEMBER  APPOINTED  BY  THE MAYOR SHALL HAVE EXPERIENCE IN THE SCIENCE OF
WATER RESOURCE DEVELOPMENT. NO MEMBER SHALL BE A DIRECTOR OF THE AUTHOR-
ITY. THE CHAIRMAN SHALL BE ELECTED BY MAJORITY VOTE OF  THE  MEMBERS  OF
THE BOARD. ALL MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCES-
SORS  ARE  APPOINTED  AND  QUALIFIED.  VACANCIES  SHALL BE FILLED IN THE
MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. VACANCIES,  OCCURRING  OTHER-
WISE  THAN  BY EXPIRATION OF TERM OF OFFICE, SHALL BE FILLED IN THE SAME
MANNER AS ORIGINAL APPOINTMENTS FOR THE UNEXPIRED TERMS.
  S 2. Subdivisions 3, 4, 5 and  7  of  section  1045-f  of  the  public
authorities  law,  as  added  by  chapter  513  of the laws of 1984, are
amended to read as follows:
  3. Each member of the water board shall be entitled  to  reimbursement
for his OR HER actual and necessary expenses incurred in the performance
of  his  OR  HER official duties and a per diem allowance of one hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14259-01-9

S. 5876                             2

fifty dollars when rendering service as  a  member;  provided  that  the
aggregate of such per diem allowance to any one member in any one fiscal
year of the board shall not exceed the sum of five thousand dollars.
  4. Notwithstanding any inconsistent provision of law, general, special
or  local, or any city charter, no officer or employee of the city shall
be deemed to have forfeited or shall forfeit his office or employment or
any benefits provided under the retirement and social security  law,  by
reason  of  his  OR  HER  acceptance  of  membership on the water board,
provided, however, that a member of the board  who  holds  other  public
office  or  employment  shall  receive  no  additional  compensation for
services rendered pursuant to this  title,  but  shall  be  entitled  to
reimbursement  for  his OR HER actual and necessary expenses incurred in
the performance of such services.
  5. The [mayor] APPOINTING AUTHORITY may remove [any member] HIS OR HER
APPOINTEE for inefficiency, neglect of  duty  or  misconduct  in  office
after  giving  such member a copy of the charges against such member and
an opportunity to be heard and defended, in person or by  counsel,  upon
not  less  than ten days' notice. If any member shall be so removed, the
[mayor] APPOINTING AUTHORITY shall file in the office of  the  clerk  of
the  city  a  complete statement of charges against such member, and the
[mayor's] APPOINTING  AUTHORITY'S  findings  thereon,  together  with  a
complete record of the proceedings.
  7.  A  majority  of  the members of the water board shall constitute a
quorum for the transaction of any business or the exercise of any  power
of the board. The water board shall have power to act by the affirmative
vote  of  not  less than a majority of the members in office at any duly
held meeting thereof. The water board may delegate to one or more of its
members or its officers, agents and employees, such powers and duties as
it may deem proper. Any member who is an officer of  the  city  may,  by
written  instrument,  filed  with  and approved as to form by the board,
designate another city officer to perform in [his] THE MEMBER'S  absence
his  OR  HER  duties under this title. The term "member" as used in this
section shall include such persons so  designated  as  provided  herein.
The  designation  of  any such person shall be deemed temporary only and
shall not affect the civil service or retirement rights of the person so
designated.
  S 3. This act shall take effect immediately, provided that  the  first
three  vacancies after the effective date of this act shall be filled by
the New York city comptroller, the public advocate for the city  of  New
York  and the speaker of the New York city council, respectively, pursu-
ant to section one of this act.

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Senate Bill S5876

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Actions

2009-S5876 (ACTIVE) - Details

2009-S5876 (ACTIVE) - Summary

2009-S5876 (ACTIVE) - Sponsor Memo

2009-S5876 (ACTIVE) - Bill Text download pdf

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Sponsored By

Bill Perkins

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Actions

2009-S5876 (ACTIVE) - Details

2009-S5876 (ACTIVE) - Summary

2009-S5876 (ACTIVE) - Sponsor Memo

2009-S5876 (ACTIVE) - Bill Text download pdf

Comments