S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  7619
                            I N  S E N A T E
                              June 7, 2012
                               ___________
Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications
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
S. 7619                             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.