Establishes the "small water utility transparency act"; requires the public service commission to conduct audits of certain private water companies; requires certain private water companies which are under certain investigations to file public updates on the status of compliance with such orders.
STATE OF NEW YORK
________________________________________________________________________
7366--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 25, 2025
___________
Introduced by M. of A. BURDICK, LUNSFORD -- read once and referred to
the Committee on Environmental Conservation -- recommitted to the
Committee on Environmental Conservation in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public service law, in relation to reporting
requirements and audits of private water companies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "small
2 water utility transparency act".
3 § 2. The public service law is amended by adding a new section 89-q to
4 read as follows:
5 § 89-q. Powers of the commission with respect to private water compa-
6 nies. 1. The commission shall conduct full audits of regulated private
7 water companies with gross annual revenues below two hundred fifty thou-
8 sand dollars on a three- to five-year cycle, as determined by the
9 commission. Such audits shall focus on capital investment in the private
10 water company, compliance with state and federal water safety regu-
11 lations and laws, financial capacity of the private water company,
12 management ability and function of the private water company, and water
13 quality, adequacy, and affordability of the private water system. The
14 commission shall coordinate with the department of environmental conser-
15 vation to the extent necessary to perform such audits and consistent
16 with subdivision three of this section.
17 2. The commission shall require that any regulated private water
18 company with gross annual revenues below two hundred fifty thousand
19 dollars which is under investigation either by motion of the commission,
20 pursuant to section eighty-nine-i of this article, or pursuant to an
21 order to show cause shall file regular public updates on the status of
22 compliance with such order. The commission shall promulgate rules and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01751-03-6
A. 7366--A 2
1 regulations regarding such requirement including, but not limited to,
2 determining how often such public updates shall be provided and the
3 manner in which such public updates shall be provided to the public.
4 The commission shall be authorized to establish and collect fines for
5 non-compliance with this subdivision. Such fines may be set at
6 increased rates for repeated non-compliance.
7 3. The department of environmental conservation shall cooperate with
8 the commission for purposes of carrying out audits pursuant to subdivi-
9 sion one of this section and shall provide any information or data
10 compiled by or in the possession of the department for such purpose,
11 including but not limited to information related to applicable state and
12 federal water safety regulations and laws.
13 § 3. This act shall take effect immediately.
