S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6240
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- 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.
                                                            LBD07525-01-3
 A. 6240                             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.