S T A T E O F N E W Y O R K
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4635
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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Introduced by M. of A. BRENNAN, GREENE, MAISEL -- Multi-Sponsored by --
M. of A. ABBATE, COLTON, GIANARIS, GLICK, GOTTFRIED, HEASTIE, JACOBS,
MILLMAN, NOLAN, ORTIZ, PHEFFER -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to complaint
procedures for grievances before 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 4 of section 1045-g of the public authorities
law, as amended by chapter 467 of the laws of 2001, is amended to read
as follows:
4. To establish, fix, revise, charge and collect and enforce the
payment of all fees, rates, rents and other service charges for the use
of, or services furnished by the sewerage system, water system, or both,
as the case may be, so as to receive revenues which, together with other
revenues available to the board, if any, shall be at least sufficient at
all times so that such system or systems shall be placed on a self-sus-
taining basis in accordance with section one thousand forty-five-j of
this title; provided, however that the water board shall not establish a
limit of less than four years commencing from the date of the bill for
services to challenge any fee, rate, rent or other service charges for
the use of or services furnished by the water and/or sewerage systems;
any such challenge shall specifically set forth the basis for such
claim; AND PROVIDED FURTHER, HOWEVER, THAT THE WATER BOARD SHALL ESTAB-
LISH A WRITTEN PROCEDURE TO PROCESS CUSTOMER COMPLAINTS WHICH ALLOW FOR
THE ACCEPTANCE AND PROCESSING OF COMPLAINTS WITHIN TEN CALENDAR DAYS.
SUCH PROCEDURE SHALL REQUIRE THAT COMPLAINTS BE ACKNOWLEDGED BY THE
BOARD WITHIN THREE CALENDAR DAYS, BE PROMPTLY INVESTIGATED, AND THE
RESULTS OF SUCH INVESTIGATION BE REPORTED TO THE CUSTOMER IN PLAIN AND
COMPREHENSIBLE LANGUAGE. UPON EXHAUSTION OF ALL COMPLAINT PROCEDURES, OR
AFTER THIRTY DAYS IF THE WATER BOARD FAILS TO RESPOND TO THE COMPLAINT,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05031-01-9
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THE WATER BOARD SHALL PROVIDE THE CUSTOMER WITH AN APPEAL PROCESS THAT
INCLUDES THE RIGHT TO A HEARING AND A FINAL ADJUDICATION BY AN INDEPEND-
ENT ADMINISTRATIVE LAW JUDGE WHO SHALL DIRECT SUCH BOARD TO PRODUCE
APPROPRIATE RECORDS;
S 2. Subdivisions 1 and 8 of section 1045-j of the public authorities
law, as added by chapter 513 of the laws of 1984, are amended to read as
follows:
1. The water board shall, SUBJECT TO THE PROVISIONS OF SUBDIVISION
FOUR OF SECTION ONE THOUSAND FORTY-FIVE-G OF THIS TITLE, 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 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
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.
8. The water board shall prepare and transmit to the city on or before
the first day of December in each year a list of those persons or prop-
erty owners within such city who are in arrears in the payment of fees,
rates, rents or other charges for a period of sixty days or more after
the last day fixed for payment thereof without penalty PROVIDED, HOWEV-
ER, SUCH PERSON OR PROPERTY OWNER SHALL BE ADVISED OF THE PROCEDURES FOR
REGISTERING COMPLAINTS AND FOR THE APPEAL PROCESS WITH RESPECT THERETO.
The list shall contain a brief description of the properties for which
the services were provided, the names of the persons liable to pay for
the same and the amounts chargeable to each, including penalties and
interest computed to the next succeeding December thirty-first. The city
shall levy such sums against the properties liable and shall state the
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amount thereof in a separate column in the annual tax rolls of such city
under the name of "delinquent water charges" or "delinquent sewerage
charges" or "delinquent water and sewerage charges" as may be appropri-
ate and as may be directed by the water board. Such amounts, as and when
collected by the commissioner of finance of the city, shall be paid over
to the water board. All of the provisions of the tax laws of the state
covering the enforcement and collection of unpaid taxes of the city
shall apply to the collection of such unpaid fees, rates, rents or other
charges.
S 3. Section 1045-y of the public authorities law, as amended by chap-
ter 514 of the laws of 1984, is amended to read as follows:
S 1045-y. Audit and annual report. The accounts of the authority and
the water board shall be subject to the supervision of the city comp-
troller. The authority and the water board shall annually submit to the
mayor, the comptroller and the director of management and budget a
detailed report. THE REPORT SHALL INCLUDE A RECORD OF ALL COMPLAINTS
RECEIVED FOR THE YEAR, WITH A DESCRIPTION OF THE NUMBER AND NATURE OF
THE COMPLAINTS, THE NUMBER OF DISPOSITIONS FAVORABLE TO COMPLAINANTS AND
PLANS TO REVISE PROCEDURES TO REDUCE THE PROBLEMS THAT GAVE RISE TO SUCH
COMPLAINTS. In addition, an annual audit of the authority shall be
conducted by an independent certified public accountant. Such audited
report shall be submitted to the mayor, the comptroller and the director
of management and budget.
S 4. This act shall take effect on the thirtieth day after it shall
have become a law.