S T A T E   O F   N E W   Y O R K
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                                  6304

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            November 18, 2009
                               ___________

Introduced  by  Sen. VALESKY -- 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  fixing
  and  collecting  of  rates  and charges by the Cayuga county water and
  sewer authority

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

  Section  1. Subdivision 23 of section 1199-eeee of the public authori-
ties law, as added by chapter 195 of the laws of  1995,  is  amended  to
read as follows:
  23. To fix rates and collect charges for the use of the facilities of,
or  services  rendered by, or any commodities furnished by the authority
such as to provide revenues sufficient at all times to pay, as the  same
shall  become  due,  the  principal and interest on the bonds, notes, or
other obligations of the authority  together  with  the  maintenance  of
proper reserves therefor, in addition to paying as the same shall become
due  the  expense  of  operating  and  maintaining the properties of the
authority together with proper maintenance reserves,  capital  reserves,
repair  reserves,  tax  stabilization  reserves  and  other  contingency
reserves, and all other obligations and indebtedness of  the  authority;
PROVIDED  HOWEVER,  NO  SUCH  RATES  OR CHARGES SHALL BE CHANGED UNTIL A
PUBLIC HEARING ON SUCH CHANGES SHALL HAVE BEEN HELD UPON NOT  LESS  THAN
FOURTEEN  DAYS  NOTICE  THEREOF  TO  EACH CUSTOMER, EITHER BY MAIL OR BY
PUBLICATION ONCE IN A NEWSPAPER HAVING GENERAL  CIRCULATION  WITHIN  THE
BOUNDS OF THE AUTHORITY;
  S  2.  Sections 1199-xxxx and 1199-yyyy of the public authorities law,
as added by chapter 195 of the laws of  1995,  are  renumbered  sections
1199-yyyy  and 1199-zzzz and a new section 1199-xxxx is added to read as
follows:
  S 1199-XXXX. CHARGES BY THE AUTHORITY; METHOD OF COLLECTION. 1.    THE
AUTHORITY  MAY  FIX AND COLLECT, ON ANY EQUITABLE BASIS, RATES, FEES AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15015-03-9
              

S. 6304                             2

OTHER CHARGES FOR THE USE OF ITS WATER OR SEWER  FACILITIES  OR  OF  THE
SERVICES  OR COMMODITIES PROVIDED BY THE AUTHORITY. SUCH RATES, RENTALS,
FEES AND OTHER CHARGES MAY BE FIXED AND COLLECTED  FROM  ANY  PERSON  OR
CORPORATION  TO  WHICH  SUCH  FACILITIES,  SERVICES  OR  COMMODITIES ARE
PROVIDED OR MADE AVAILABLE FROM THE AUTHORITY. SUCH RATES, RENTALS, FEES
AND OTHER CHARGES MAY BE THE SAME OR DIFFERENT FOR  EACH  CLASSIFICATION
OF  USER  OR  SERVICE  RECIPIENT AND MAY, BY WAY OF EXAMPLE, REFLECT THE
SOURCE AND COMPOSITION OF THE SEWAGE OR LOCATION OF SERVICES  OR  SYSTEM
COSTS AND EXPENSES. THE AUTHORITY SHALL NOT ESTABLISH, FIX OR REVISE ANY
CLASSIFICATION OR USER OR RATE, RENTAL OR FEE OR OTHER CHARGE UNLESS AND
UNTIL  THE  AUTHORITY  HAS  HELD  A  PUBLIC  HEARING AT WHICH INTERESTED
PERSONS SHALL HAVE AN OPPORTUNITY  TO  BE  HEARD  CONCERNING  THE  SAME.
NOTICE  OF  ANY SUCH PUBLIC HEARING SHALL BE PUBLISHED AT LEAST TEN DAYS
BEFORE THE DATE SET THEREFOR, IN  AT  LEAST  ONE  NEWSPAPER  OF  GENERAL
CIRCULATION  IN  THE  BOUNDARIES OF THE AUTHORITY. SUCH NOTICE SHALL SET
FORTH THE DATE, TIME AND PLACE OF SUCH HEARING AND SHALL INCLUDE A BRIEF
DESCRIPTION OF MATTERS TO BE CONSIDERED AT SUCH MEETING. A COPY OF  SUCH
NOTICE  SHALL  BE  AVAILABLE  FOR  INSPECTION BY THE PUBLIC. AT ANY SUCH
HEARING, ANY INTERESTED PERSONS SHALL HAVE AN OPPORTUNITY  TO  BE  HEARD
CONCERNING THE MATTERS UNDER CONSIDERATION. ANY DECISION BY THE AUTHORI-
TY AT SUCH PUBLIC HEARING OR RELATING TO THE MATTERS UNDER CONSIDERATION
AT  SUCH HEARING SHALL BE IN WRITING AND MADE AVAILABLE IN THE OFFICE OF
THE AUTHORITY FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS.
  2. ALL RATES, FEES AND OTHER CHARGES FOR THE USE OF THE FACILITIES  OR
SERVICES  OR COMMODITIES PROVIDED OR MADE AVAILABLE BY THE AUTHORITY AND
BILLED DIRECTLY BY THE AUTHORITY TO THE USER OR SERVICE RECIPIENT PURSU-
ANT TO A CLASSIFICATION OF USERS OR SERVICE RECIPIENTS  ADOPTED  BY  THE
AUTHORITY AS HEREIN PROVIDED SHALL BE A LIEN UPON THE REAL PROPERTY UPON
WHICH,  OR  IN  CONNECTION WITH WHICH, SERVICES ARE PROVIDED OR ARE MADE
AVAILABLE, AS AND FROM   THE FIRST DATE FIXED  FOR  A  PAYMENT  OF  SUCH
RATES,  RENTALS, FEES AND OTHER CHARGES. ANY SUCH LIEN SHALL TAKE PRECE-
DENT OVER ALL OTHER LIENS, OR ENCUMBRANCES, EXCEPT TAXES OR ASSESSMENTS.
THE TREASURER OF THE AUTHORITY SHALL PREPARE AND TRANSMIT TO THE  COUNTY
LEGISLATURE, ON OR BEFORE THE FIRST DAY OF NOVEMBER IN EACH YEAR, A LIST
OF  THOSE PROPERTIES USING SUCH FACILITIES OR FOR WHICH SUCH SERVICES OR
COMMODITIES WERE PROVIDED OR MADE AVAILABLE AND FROM WHICH  THE  PAYMENT
OF RATES, RENTALS, FEES AND OTHER CHARGES ARE IN ARREARS FOR A PERIOD OF
THIRTY  DAYS OR MORE AFTER THE LAST DAY FIXED FOR PAYMENT OF SUCH RATES,
RENTALS, FEES AND OTHER CHARGES WITHOUT PENALTY. THE LIST SHALL  CONTAIN
A  BRIEF  DESCRIPTION  OF  SUCH  PROPERTIES, THE NAMES OF THE PERSONS OR
CORPORATIONS LIABLE TO PAY FOR THE SAME, AND THE  AMOUNT  CHARGEABLE  TO
EACH,  INCLUDING  PENALTIES  AND  INTEREST,  AS  APPLICABLE, COMPUTED TO
DECEMBER THIRTY-FIRST OF THAT YEAR. THE COUNTY  LEGISLATURE  SHALL  LEVY
SUCH SUMS AGAINST THE PROPERTIES LIABLE AND SHALL STATE THE AMOUNT THER-
EOF IN A SEPARATE COLUMN IN THE ANNUAL TAX ROLLS OF THE COUNTY UNDER THE
HEADING  "WATER  CHARGE" OR "SEWER DISPOSAL CHARGE," AS APPLICABLE. SUCH
AMOUNTS, EXCLUDING PENALTIES AND INTEREST WHEN COLLECTED BY  THE  COUNTY
COLLECTOR  OR  RECEIVER OF TAXES, SHALL BE PAID OVER TO THE TREASURER OF
THE AUTHORITY. PENALTIES AND INTEREST SHALL BE RETAINED BY THE COLLECTOR
WHICH SHALL BECOME A PART OF THE GENERAL FUNDS OF THE COUNTY. ALL OF THE
PROVISIONS OF THE  TAX  LAW  OF  THE  STATE  GOVERNING  ENFORCEMENT  AND
COLLECTION  OF  UNPAID TAXES OR ASSESSMENTS FOR SPECIAL IMPROVEMENTS NOT
INCONSISTENT HEREWITH SHALL APPLY  TO  THE  COLLECTION  OF  SUCH  UNPAID
RATES, RENTALS, FEES AND OTHER CHARGES.
  S 3. This act shall take effect immediately.