NY State Senate Bill 2013-S6921A

Senate Bill S6921A

2013-2014 Legislative Session

Relates to rates and charges associated with the use or rental of fire hydrants owned or operated by the water authority of Western Nassau county and the water authority of Western Nassau county district

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2014	referred to corporations, authorities and commissions delivered to assembly passed senate
May 14, 2014	advanced to third reading
May 13, 2014	2nd report cal.
May 12, 2014	1st report cal.609
May 06, 2014	print number 6921a
May 06, 2014	amend and recommit to corporations, authorities and commissions
Apr 02, 2014	referred to corporations, authorities and commissions

Votes

- Jun 10, 2014 - Floor Vote
  S6921A
  
  57
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2014
      
      aye (57)
      
      Addabbo Jr.
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (1)
      
      Ball
      
      excused (3)
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Smith
  May 12, 2014 - Corporations, Authorities And Commissions Committee Vote
  S6921A
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: May 12, 2014
      
      aye (6)
      
      Flanagan
      
      Larkin
      
      Martins
      
      Perkins
      
      Ranzenhofer
      
      Squadron

Bill Amendments

Original

A (Active)

2013-S6921 - Details

See Assembly Version of this Bill:: A9865
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §1198-f, Pub Auth L
Versions Introduced in 2015-2016 Legislative Session:: S4377, A2253

2013-S6921 - Summary

2013-S6921 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6921

                            I N  S E N A T E

                              April 2, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT  to  amend  the public authorities law, in relation to rates and
  charges associated with the use or rental of fire  hydrants  owned  or
  operated by the water authority of Western Nassau county and the water
  authority of Western Nassau county district

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 21 of section 1198-f of the public  authorities
law,  as added by chapter 868 of the laws of 1990, is amended to read as
follows:
  21. fix rates and collect charges for the use of the facilities of, or
services rendered by, or any commodities furnished by the authority such
as to provide revenues sufficient at all times to pay, as the same shall
become due, the principal and interest on  the  bonds,  or  other  obli-
gations  of  the  authority  together  with  the  maintenance  of proper
reserves therefor, in addition to paying as the same shall  become  due,
the expense of operating and maintaining the properties of the authority
together  with  proper  maintenance  reserves,  capital reserves, repair
reserves, tax stabilization reserves and other contingency reserves, and
all other obligations and indebtedness of  the  authority;  however,  no
such  rates  or  charges shall be changed until a public hearing on such
changes shall have been held upon not less than [fourteen] THIRTY  days'
notice  thereof  to each customer, either by mail or by publication once
in a newspaper having general circulation within the district;  PROVIDED
FURTHER, THAT NO RATE OR CHARGE ESTABLISHED PURSUANT TO THIS SUBDIVISION
ASSOCIATED  WITH THE USE OR RENTAL OF FIRE HYDRANTS OWNED OR OPERATED BY
THE AUTHORITY OR DISTRICT SHALL EXCEED TWO HUNDRED DOLLARS  PER  HYDRANT
PER  ANNUM  UNLESS  THE  DISTRICT  OR AUTHORITY DEMONSTRATES AT A PUBLIC
HEARING THAT ITS COST TO MAINTAIN  SUCH  HYDRANTS  EXCEEDS  TWO  HUNDRED
DOLLARS  PER  HYDRANT  PER  ANNUM.  THE  CHARGE ESTABLISHED BY THE WATER
AUTHORITY  OR  DISTRICT  SHALL  BE  PUBLISHED  ON  THE  AUTHORITY'S   OR
DISTRICT'S  WEBSITE.  ANY  DISTRICT OR AUTHORITY WITHOUT A WEBSITE SHALL
PUBLISH ITS RATES AND CHARGES IN PAPER FORM, WHICH SHALL BE MADE  FREELY
AVAILABLE AT NO CHARGE;
  S 2. This act shall take effect January 1, 2015.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14320-01-4

2013-S6921A (ACTIVE) - Details

See Assembly Version of this Bill:: A9865
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §1198-f, Pub Auth L
Versions Introduced in 2015-2016 Legislative Session:: S4377, A2253

2013-S6921A (ACTIVE) - Summary

2013-S6921A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6921A

TITLE OF BILL:  An act to amend the public authorities law, in
relation to rates and charges associated with the use or rental of
fire hydrants owned or operated by the water authority of Western
Nassau county and the water authority of Western Nassau county
district

PURPOSE:

To ensure parity in charging of rates for use of fire hydrants by fire
districts in a portion of western Nassau County.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Subdivision 21 of section 1198-f of the
public authorities law, as added by chapter 868 of the laws of 1990 to
require that customers are given thirty days notice of public hearings
to discuss rate changes, as well as to provide a rate cap of two
hundred dollars for the first year after the effective date.
Thereafter no rate or charge established pursuant to this subdivision
associated with the use or rental of fire hydrants owned or operated
by the authority may exceed two hundred dollars per hydrant per annum
unless the authority demonstrates at a public hearing by clear and
convincing evidence that its cost to maintain such hydrants exceeds
two hundred dollars per hydrant per annum. The charge established by

the water authority shall be published on the authority's website or
published in paper form, which shall be made freely available at no
charge.

Section 2 of the bill provides that the act shall take effect January
1, 2015.

JUSTIFICATION:

Currently, the Water Authority of Western Nassau County is charging
exorbitant rates in rentals fees for fire hydrants to volunteer fire
departments and fire districts within the water authority's service
area. This practice harms homeowners that are serviced by these fire
districts who are also ratepayers of the water authority's utility
rates. This bill establishes a cap on hydrant rental fees in the Water
Authority of Western Nassau County district, equivalent to similar
regional hydrant use fees in the county and provides a public
disclosure and verification mechanism to ensure the protection of
local fire districts and their resident taxpayers.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This act shall take effect January 1, 2015.

2013-S6921A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6921--A

                            I N  S E N A T E

                              April 2, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and   Commissions  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public authorities law, in  relation  to  rates  and
  charges  associated  with  the use or rental of fire hydrants owned or
  operated by the water authority of Western Nassau county and the water
  authority of Western Nassau county district

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 21 of section 1198-f of the public authorities
law, as added by chapter 868 of the laws of 1990, is amended to read  as
follows:
  21. fix rates and collect charges for the use of the facilities of, or
services rendered by, or any commodities furnished by the authority such
as to provide revenues sufficient at all times to pay, as the same shall
become  due,  the  principal  and  interest on the bonds, or other obli-
gations of  the  authority  together  with  the  maintenance  of  proper
reserves  therefor,  in addition to paying as the same shall become due,
the expense of operating and maintaining the properties of the authority
together with proper  maintenance  reserves,  capital  reserves,  repair
reserves, tax stabilization reserves and other contingency reserves, and
all  other  obligations  and  indebtedness of the authority; however, no
such rates or charges shall be changed until a public  hearing  on  such
changes  shall have been held upon not less than [fourteen] THIRTY days'
notice thereof to each customer, either by mail or by  publication  once
in  a newspaper having general circulation within the district; PROVIDED
FURTHER, THAT NO RATE OR CHARGE ESTABLISHED PURSUANT TO THIS SUBDIVISION
ASSOCIATED WITH THE USE OR RENTAL OF FIRE HYDRANTS OWNED OR OPERATED  BY
THE AUTHORITY SHALL EXCEED TWO HUNDRED DOLLARS PER HYDRANT PER ANNUM FOR
ONE YEAR FROM THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND  FOURTEEN  THAT  AMENDED  THIS SUBDIVISION. THEREAFTER, THE RATE OR
CHARGE SHALL NOT EXCEED TWO HUNDRED DOLLARS PER HYDRANT PER ANNUM UNLESS
THE AUTHORITY DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE AT A  PUBLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD14320-02-4

S. 6921--A                          2

HEARING  THAT  ITS  COST  TO  MAINTAIN SUCH HYDRANTS EXCEEDS TWO HUNDRED
DOLLARS PER HYDRANT PER ANNUM.   THE CHARGE  ESTABLISHED  BY  THE  WATER
AUTHORITY  SHALL  BE  PUBLISHED  ON  THE AUTHORITY'S WEBSITE. SHOULD THE
AUTHORITY  FAIL  TO  MAINTAIN A WEBSITE, THE AUTHORITY SHALL PUBLISH ITS
RATES AND CHARGES IN PAPER FORM, WHICH SHALL BE MADE FREELY AVAILABLE AT
NO CHARGE;
  S 2. This act shall take effect January 1, 2015.

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