S T A T E   O F   N E W   Y O R K
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                                  3565

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. BRENNAN, ORTIZ, COOK, COLTON, DenDEKKER, SCARBOR-
  OUGH  --  Multi-Sponsored  by  --  M. of A. ABBATE, GOTTFRIED, MARKEY,
  MILLER, TITONE -- read once and referred to the Committee on Cities

AN ACT to amend the public authorities law, in relation to requiring the
  New York city water board to wait  at  least  thirty  days  after  the
  adoption of the New York city executive budget to establish the annual
  fees and charges for the use of the sewerage system and water system

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

  Section 1. Subdivision 1 of section 1045-j of the  public  authorities
law,  as added by chapter 513 of the laws of 1984, is amended to read as
follows:
  1. The water board shall establish, fix  and  revise,  [from  time  to
time,]  NOT  LESS  THAN  THIRTY DAYS AFTER THE ADOPTION OF THE EXECUTIVE
BUDGET BY THE CITY, THE ANNUAL fees, rates, rents or other  charges  for
the  use  of,  or services furnished, rendered or made available by, the
sewerage system or water system, or both, as the case may be,  owned  by
the  water  board pursuant to this title in such amount  at least suffi-
cient at all times so as  to  provide  funds  in  an  amount  sufficient
together  with other revenues available to the board, if any, (i) to pay
to the authority, in accordance with any agreement with  the  authority,
an  amount sufficient for the purpose of paying the principal of and the
interest on the outstanding notes or bonds of the authority as the  same
shall  become  due  and  payable and maintaining or funding a capital or
debt service reserve fund therefor and, to the extent requested  by  the
city  in,  or annually pursuant to, the agreement to pay to the city, in
accordance with the agreement, an amount sufficient for the  purpose  of
paying the principal of and interest on general obligation bonds thereof
issued  for or allocable to the water system or sewerage system or both,
as the case may be, as the same shall become due  and  payable,  and  to
maintain  or fund reserves therefor, (ii) to pay to the city, in accord-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02295-01-5
              

A. 3565                             2

ance with the agreement, an amount sufficient for the purpose of  paying
the costs of administering, maintaining, repairing and operating and the
cost  of constructing capital improvements to the water system or sewer-
age  system  or  both,  as  the case may be, (iii) to pay to the city in
accordance with the agreement entered into pursuant to section one thou-
sand forty-five-i of this title an amount sufficient for the purpose  of
paying liabilities issued for or allocable to the water system or sewer-
age system or both, as the case may be, as the same shall become due and
payable,  (iv)  to  meet  any  requirements  of  any agreement including
requirements relating to the establishment of reserves for  renewal  and
replacement  and for uncollected charges and covenants respecting rates,
(v) to pay all other reasonable and necessary expenses of the  authority
and  the  water  board  in  relation  thereto,  and  (vi)  to the extent
requested by the city in or pursuant to the agreement, to pay or provide
for such other purposes or projects as such city  considers  appropriate
and  in the public interest. Any surplus of funds remaining in the water
board after such payments have been made shall be returned to  the  city
for deposit in the general fund.
  S  2. Subdivision 9-a of section 1045-j of the public authorities law,
as added by chapter 184 of the laws of  1997,  is  amended  to  read  as
follows:
  9-a.  [The] AFTER THE CITY ADOPTS AN EXECUTIVE BUDGET, THE water board
shall hold public hearings, in each borough of the  city  of  New  York,
prior  to  promulgating or fixing [annual water and sewer rates for such
city] ITS ANNUAL FEES, RATES, RENTS OR OTHER CHARGES FOR THE USE OF,  OR
SERVICES  FURNISHED,  RENDERED OR MADE AVAILABLE BY, THE SEWERAGE SYSTEM
OR WATER SYSTEM, OR BOTH, AS THE CASE MAY BE, OWNED BY THE  WATER  BOARD
PURSUANT  TO  THIS TITLE. THE WATER BOARD'S ANNUAL WATER AND SEWER RATES
CANNOT BE SET LESS THAN THIRTY DAYS AFTER THE CITY  ADOPTS  ITS  BUDGET.
Notice  of  such  public  hearing  shall be conspicuously published in a
newspaper of general circulation, within each borough, at least one week
prior to the hearing.
  S 3. This act shall take effect immediately.