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