S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3509
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL,  ORTIZ,  COOK, COLTON, DenDEKKER --
   Multi-Sponsored by -- M. of A. ABBATE, GOTTFRIED, M. G. MILLER -- 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.
              

                                                            LBD02011-01-9

 A. 3509                             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.
   §  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.
   § 3. This act shall take effect immediately.