Assembly Bill A5352

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5352
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2017
                                ___________
 
 Introduced  by  M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. LENTOL
   -- read once and referred to the Committee on Cities
 
 AN ACT to amend chapter 696 of the laws of 1887, relating  to  providing
   hospitals,  orphan  asylums  and  other charitable institutions in the
   city of New York with water, in relation to  credits  for  charges  in
   which services were not supplied
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3 of chapter 696 of the laws of 1887,  relating  to
 providing hospitals, orphan asylums and other charitable institutions in
 the  city of New York with water, is amended by adding a new subdivision
 c to read as follows:
   C. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
 RY, BEFORE ANY WATER CHARGES ARE IMPOSED ON  ANY  ENTITY  ENUMERATED  IN
 SECTION  ONE  OF  THIS ACT, THE CITY OF NEW YORK SHALL MAKE CERTAIN THAT
 THERE ARE NO CHARGES BEING LEVIED FOR SERVICES WHICH WERE  NOT  SUPPLIED
 TO SUCH ENTITY.
   2.  IN  INSTANCES  WHERE THE CITY OF NEW YORK HAS EMPLOYED AN IMPROPER
 METER MULTIPLIER, AND WHERE THE CITY OF  NEW  YORK  HAS  HAD  ACTIVE  OR
 CONSTRUCTIVE  KNOWLEDGE  OF  THE EXISTENCE OF SUCH INCORRECT MULTIPLIER,
 THE CITY OF NEW YORK SHALL GRANT THE ENTITY CREDIT FOR THE  PERIOD  WHEN
 BILLING  WAS  BASED  ON  THE  IMPROPER  MULTIPLIER. SUCH CREDIT SHALL BE
 AVAILABLE IN INSTANCES, INCLUDING, BUT NOT LIMITED TO, WHERE  AN  ENTITY
 HAS  INSTALLED  A  COOLING  TOWER  METER,  IN ACCORDANCE WITH CITY REGU-
 LATIONS, AND AN AVERAGE DAILY FLOW HAS BEEN DETERMINED FROM ACTUAL METER
 READINGS.  IN SUCH CASES, THE AVERAGE DAILY FLOW SHALL BE  MEASURED  AND
 RECORDED  BY  THE CITY OF NEW YORK AND THEN APPLIED, USING TYPICAL PROC-
 ESSES FOR SUCH CALCULATIONS, TO THE PERIODS IN WHICH SERVICES  WERE  NOT
 SUPPLIED  TO  ESTABLISH  THE  AMOUNT OF THE CREDIT TO BE GRANTED FOR THE
 RELEVANT PERIOD, BEGINNING WITH THE DATE OF INSTALLATION OF THE METER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07521-01-7
              

 A. 5352                             2
 
   3. IN ANY INSTANCE WHERE THERE HAVE BEEN CHARGES LEVIED  FOR  SERVICES
 NOT  SUPPLIED,  CREDITS  ALLOWED UNDER THIS SUBDIVISION SHALL BE APPLIED
 RETROACTIVELY UP TO TEN YEARS FROM THE EFFECTIVE DATE OF  THIS  SUBDIVI-
 SION.  ANY  INTEREST CHARGES LEVIED AGAINST SUCH ENTITY FOR SERVICES NOT
 SUPPLIED SHALL BE CREDITED TO SUCH ENTITY'S ACCOUNT.
   4.  THIS  SUBDIVISION SHALL APPLY RETROACTIVELY TO ALL RELEVANT CLAIMS
 OF OVERCHARGES, FAILURE TO APPLY APPROPRIATE  CREDITS,  AND/OR  IMPROPER
 ESTIMATION  OF  AN  ENTITY'S  USAGE, WITHOUT LIMITATION, FOR ALL PERIODS
 PRE-DATING THE EFFECTIVE DATE OF THIS  SUBDIVISION.  ANY  CLAIMS  BY  AN
 ENTITY  PREVIOUSLY  DETERMINED  BY  COURT  ORDER  TO  BE  TIME-BARRED OR
 RESOLVED THROUGH SETTLEMENT ARE HEREBY REVIVED, AND ACTION  THEREON  MAY
 BE  COMMENCED  TO AVAIL SUCH ENTITY OF THE RIGHTS AND REMEDIES SET FORTH
 IN THIS SUBDIVISION.
   § 2. This act shall take effect immediately.