S T A T E O F N E W Y O R K
________________________________________________________________________
6995
2009-2010 Regular Sessions
I N A S S E M B L Y
March 18, 2009
___________
Introduced by M. of A. RABBITT -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to authorizing the
New York state public service commission to approve sewer rate
increases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 4 of section 89-c of the public service
law, as added by chapter 715 of the laws of 1931, are amended to read as
follows:
1. Shall have general supervision of all water-works corporations,
INCLUDING SUCH CORPORATIONS PROVIDING SEWERAGE SERVICES, as hereinbefore
defined, having authority under any general or special law or under any
charter or franchise to lay down, construct or maintain pipes, conduits,
ducts or other fixtures in, on or under the streets, highways and public
places of any municipality, for the purpose of furnishing or distribut-
ing water for domestic, commercial, SEWERAGE or public uses, and all
water systems owned, leased or operated by any such water-works corpo-
ration; provided, however, that nothing herein contained shall be
construed to delegate the general powers of the state department of
health or of the water power and control commission or any of the powers
and functions of either as provided by law, nor shall anything herein
contained be construed to impair nor to deprive such department or
commission of its powers and functions as now provided by law.
4. Shall have power to examine all water-works corporations, INCLUDING
SUCH CORPORATIONS PROVIDING SEWERAGE SERVICES, and keep informed as to
the methods, practices, regulations and property employed by [them] SUCH
CORPORATIONS in the transaction of their business. Whenever the commis-
sion shall be of the opinion, after a hearing had upon its own motion or
upon complaint, that the rates, charges or classifications or the acts
or regulations of any such corporation, INCLUDING SUCH CORPORATIONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09361-01-9
A. 6995 2
PROVIDING SEWERAGE SERVICES, are unjust, unreasonable, unjustly discri-
minatory, or unduly preferential, or in any wise in violation of any
provision of law, the commission shall determine and prescribe in the
manner provided by and subject to the provisions of section
eighty-nine-j of this [chapter] ARTICLE, the just and reasonable rates,
charges and classifications thereafter to be enforced for the service to
be rendered, notwithstanding that a different rate or charge has hereto-
fore been prescribed by general or special statute, contract, grant,
franchise, condition, consent or other agreement, and the just and
reasonable acts and regulations to be done and observed; and whenever
the commission shall be of opinion, after a hearing had upon its own
motion or upon complaint, that the property, equipment or appliances of
any such corporation are unsafe, inefficient or inadequate, the commis-
sion shall determine and prescribe the safe, efficient and adequate
property, equipment and appliances thereafter to be used, maintained and
operated for the security and accommodation of the public and in compli-
ance with the provisions of law and of their franchises and charters;
provided, however, that in its determination and prescription of safe,
efficient and adequate property, equipment and appliances as herein
provided any such property, equipment and appliances theretofore
approved by the water power and control commission, or its predecessor,
shall be deemed to have been adequate, safe and efficient at the time of
such approval. Nothing herein contained shall be deemed to dispense with
any approval of work by the water power and control commission required
by the conservation law; and if such an approval pertains to work done
pursuant to such determination or prescription of the public service
commission, such approval shall be conclusive that the work was done in
compliance with such determination or prescription.
S 2. Section 89-i of the public service law, as amended by chapter 651
of the laws of 1974, is amended to read as follows:
S 89-i. Complaints as to price of water; investigation by commission;
forms of complaints. Upon the complaint in writing of the mayor of a
city, the trustees of a village or the town board of a town in which a
person or corporation is authorized to supply or distribute water for
domestic, commercial, SEWERAGE or public uses, or upon the complaint in
writing of not less than twenty-five customers or purchasers of such
water in such municipality or upon complaint of a water-works corpo-
ration supplying such water, as to the rates, charges or classifications
of service for water sold and delivered in such municipality, or upon
the complaint in writing of the state consumer protection board, or as
to the methods employed in furnishing such service, the commission shall
investigate as to the cause of such complaint. When such complaint is
made, the commission may, by its agents, examiners and inspectors,
inspect the works, system, plant, devices, appliances and methods used
by such water-works corporation, INCLUDING SUCH CORPORATIONS PROVIDING
SEWERAGE SERVICES, in supplying and distributing such water, and may
examine or cause to be examined the books and papers of such water-works
corporation pertaining to the supplying and distributing of such water.
The form and contents of complaints made as provided in this section
shall be prescribed by the commission. Such complaints shall be signed
by the officers, or by the customers, purchasers or subscribers making
them, who must add to their signatures their places of residence, by
street and number, if any.
S 3. Section 89-l of the public service law, as added by chapter 715
of the laws of 1931, is amended to read as follows:
A. 6995 3
S 89-l. Municipal water systems. 1. For the purposes of this section,
and for the purposes of any jurisdiction conferred by it upon the public
service commission, a municipality is one which owns, maintains or oper-
ates, or proposes to own, maintain or operate, a water system, or which
sells, furnishes or distributes, or proposes to sell, furnish or
distribute, water for domestic, commercial, SEWERAGE or public uses,
whether provided by its own system or the system of a water-works corpo-
ration or another municipality. As so limited, the term "municipality"
for the purposes of this section, means a city, town, village or public
district; and a "public district," as here used, is a district or other
territorial division, whether incorporated or not, whose affairs are
managed by any officer or officers, person or persons, elected by voters
or taxpayers or appointed by a public officer or officers, and includes,
without excluding others, a water district, water supply district and a
fire district. The other provisions of this chapter shall not apply to
such a municipality, nor to its said business of owning, maintaining or
operating a water system or of selling, furnishing or distributing
water, except such provisions as are applied by this section by express
reference. The jurisdiction of the public service commission, with
respect to such a municipality or its said business, is that, and only
that, provided for in this section.
2. Each such municipality shall file with the public service commis-
sion a copy of the annual report of its division, bureau or department
of water.
S 4. This act shall take effect immediately.