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.