S T A T E O F N E W Y O R K
________________________________________________________________________
6944
I N S E N A T E
April 4, 2014
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
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, water system, municipal water system, or water authority to
instead be charged to all customers across all customer classes located
in the municipality provided the municipality has held a public hearing
with notice 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. Any savings achieved as a result
of this action shall be applied to the property tax levy of the munici-
pality which has adopted such a resolution in an amount equal to such
savings in the following fiscal year. 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
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, water system, municipal water system, or water authority 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14616-01-4
S. 6944 2
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 connection with the sale, furnishing, transmission and
distribution of water for domestic, commercial, public and emergency
purposes and shall also mean costs or charges associated with municipal
access to infrastructure or equipment.
b. "municipality" shall mean a city, town, village or fire district in
the county of Nassau.
c. "water-works corporation" shall have the same meaning as that term
is defined in section 2 of the public service law.
d. "water system" shall have the same meaning as that term is defined
in section 2 of the public service law.
e. "municipal water system" shall have the same meaning as that term
is defined in section 89-l of the public service law.
f. "water authority" shall mean any authority established under arti-
cle 5 of the public authorities law.
S 2. This act shall take effect immediately.