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
                               ___________

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
              

A. 4635                             2

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

A. 4635                             3

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.