S T A T E O F N E W Y O R K
________________________________________________________________________
9905
I N A S S E M B L Y
April 20, 2012
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT in relation to authorizing the public service commission, upon
application by a municipality, to order costs for infrastructure main-
tenance and access to be charged to all customer classes located in
such municipality
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 1. Notwithstanding any law to the contrary, a municipality
may apply to the public service commission to have any costs for infras-
tructure maintenance and access it is charged by a water-works corpo-
ration to instead be charged to all customers across all customer class-
es located in the municipality provided the municipality has held a
public hearing on the matter and has adopted a resolution and determined
by a majority vote of the total voting strength of its governing body
that it is in the overall public interest to have such costs charged to
all customers across all customer classes. Within 120 days after receiv-
ing an application pursuant to this act, the public service commission
is empowered and directed to issue an order requiring that costs for
infrastructure maintenance and access be included in the rates charged
to all customer classes and apportioned among all customers located in
the municipality and that such municipality shall not be charged sepa-
rately or additionally for costs for infrastructure maintenance and
access. The public service commission shall have the power to request
any information that it may deem necessary from the water-works corpo-
ration or municipality so that it may issue an order as required by this
section and may require that such information or application be in the
form and manner as the commission may request.
2. Definitions. For purposes of this act:
a. "costs for infrastructure maintenance and access" means all costs
associated with maintenance and operation of infrastructure and equip-
ment used in connection with the sale, furnishing, transmission and
distribution of water for domestic, commercial, public and emergency
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13741-05-2
A. 9905 2
purposes and shall also mean costs or charges associated with municipal
access to infrastructure or equipment.
b. "municipality" shall mean a city, town or village located in the
county of Westchester.
c. "water-works corporation" shall have the same meaning as that term
is defined in section 2 of the public service law.
S 2. This act shall take effect immediately.