Authorizes the public service commission, upon application by a municipality, to order costs for public fire protection to be charged to all customer classes located in such municipality; all costs allocated to the public fire protection function of a water-works corporation including costs associated with fire hydrants such as capital costs, maintenance repair and operating expenses, rental and access charges are eligible to be apportioned to customers in a municipality.
S T A T E O F N E W Y O R K
________________________________________________________________________
8849
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. PAULIN, ABINANTI, LATIMER -- 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 public fire
protection to be charged to all customer classes located in such muni-
cipality
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 public
fire protection it is charged by a water-works corporation to instead be
charged to all customers across all customer classes 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 over-
all public interest to have such costs charged to all customers across
all customer classes. Within 120 days after receiving an application
pursuant to this act, the public service commission is empowered and
directed to issue an order requiring that costs for public fire
protection 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 separately or additionally for
costs for public fire protection. The water-works corporation shall
apply to the public service commission for an increased water rate to
recover such increase in fire protection costs. The public service
commission shall have the power to request any information that it may
deem necessary from the water-works corporation 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 commis-
sion may request.
2. Definitions. For purposes of this act:
a. "costs for public fire protection" means all costs allocated to the
public fire protection function of a water-works corporation including
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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