Senate Bill S2173

                                 
BILL NUMBER: S2173

SPONSOR: PARKER
 
TITLE OF BILL:

An act relating to prohibiting the New York city water board from adopt-
ing any rules and regulations less favorable to the consumer

 
PURPOSE:

Prohibits the New York City Water Board from adopting rules and regu-
lations that seduce the timeframe for consumers to appeal bills, receive
refunds or otherwise be less favorable to the consumer. In addition,
where backbilling errors are discovered in favor of the consumer, the
New York City water board shall provide for and order refunds up to six
years.

 
SUMMARY OF PROVISIONS:

Section 1: Notwithstanding any rule or regulation by any local govern-
ment, the New York city water board is hereby prohibited from adopting
any rules or regulations that reduce the timeframe for consumers to
              

appeal bills or receive refunds or are otherwise less favorable to the
consumer and where backbilling errors are discovered in favor of the
consumer, the New York city water board shall provide for and order
refunds up to six years.

Section 2: The act shall take effect immediately.

 
JUSTIFICATION:

The NYC water board has recently proposed to drastically reduce the
period during which billing complaints must be registered, from the
current practice of six years to eighteen months. In doing this, the
water board is proposing to break with well established and long stand
ing utility industry standard practiced throughout the U.S. and adhered
to by the NYS public service commission. According to the NYC public
advocate's office, "the la month" proposal would harm businesses as well
as private residential consumers. The public advocate reports that
although the water board has made some improvements, commercial users
still report numerous billing errors from misread meters. Residential
customers also report continued problems resulting in overbilling and
overpayments, which are usually discovered beyond the 18-month limit
proposed. The 18 month time limit would deny customers their right to
refunds for overpayment resulting from the water board's own errors
while allowing the water board to retain its own. Adjust and back bill-
ing rights of up to two years for residential customers and six for
commercial.

This bill will restrict the water board's authority to promulgate such
rules that reduce consumer's rights and will preserve and protect exist-
ing fair and equitable billing standards for NYC residents whose inter-
est the board should serve.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S4843-Referred to Corporations, Authorities and Commissions

2021-22: S5429 - Referred to Corporations, Authorities and Commissions
2019-20: S.5029- Referred to Corporations, Authorities and Commissions

2017-18: S.2276- REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

2015-16: S.2635-Referred to Corps, Authorities and Commissions

2013-14: S.2697- Referred to Corps, Authorities and Commissions

2011-12: S.1182 - Referred to Corps, Authorities and Commissions

2009-10: S.228 4 - Referred to Corps, Authorities and Commissions

2008: S.1980

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.