Authorizes the public service commission, upon application by a municipality, following a local law, to order costs for infrastructure maintenance and access to be charged to all customer classes located in such municipality; provides that all costs allocated to the infrastructure maintenance and access function of a water-works corporation including equipment used in connection with the sale, furnishing, transmission and distribution of water for domestic, commercial, public and emergency purposes are eligible to be apportioned to customers in a municipality; defines municipality as a city, town or village in Westchester county.
STATE OF NEW YORK
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5278--A
2013-2014 Regular Sessions
IN SENATE
May 15, 2013
___________
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed,
and when printed to be committed to the Committee on Energy and Tele-
communications -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT in relation to authorizing the public service commission, upon
application by a municipality, to order costs for infrastructure main-
tenance and access to be charged to all customer classes located in
such municipality
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. Notwithstanding any law to the contrary, a municipality
2 may apply to the public service commission to have any costs for infras-
3 tructure maintenance and access it is charged by a water-works corpo-
4 ration to instead be charged to all customers across all customer class-
5 es located in the municipality provided the municipality has held a
6 public hearing with notice on the matter and has adopted a resolution
7 and determined by a majority vote of the total voting strength of its
8 governing body that it is in the overall public interest to have such
9 costs charged to all customers across all customer classes. Any savings
10 achieved as a result of this action shall be applied to the property tax
11 levy of the municipality which has adopted such a resolution in an
12 amount equal to such savings in the following fiscal year. Within 120
13 days after receiving an application pursuant to this act, the public
14 service commission is empowered and directed to issue an order requiring
15 that costs for infrastructure maintenance and access be included in the
16 rates charged to all customer classes and apportioned among all custom-
17 ers located in the municipality and that such municipality shall not be
18 charged separately or additionally for costs for infrastructure mainte-
19 nance and access. The public service commission shall have the power to
20 request any information that it may deem necessary from the water-works
21 corporation or municipality so that it may issue an order as required by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10876-03-3
S. 5278--A 2
1 this section and may require that such information or application be in
2 the form and manner as the commission may request.
3 2. Definitions. For purposes of this act:
4 a. "costs for infrastructure maintenance and access" means all costs
5 associated with maintenance and operation of infrastructure and equip-
6 ment used in connection with the sale, furnishing, transmission and
7 distribution of water for domestic, commercial, public and emergency
8 purposes and shall also mean costs or charges associated with municipal
9 access to infrastructure or equipment.
10 b. "municipality" shall mean a city, town or village located in the
11 county of Westchester.
12 c. "water-works corporation" shall have the same meaning as that term
13 is defined in section 2 of the public service law.
14 § 2. This act shall take effect immediately.
