Relates to credits for charges in which services were not supplied; requires the city of New York to make certain that there are no charges being levied for services which were not supplied to a covered entity; requires accounts to be credited for services not provided.
STATE OF NEW YORK
________________________________________________________________________
6240
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 3 of chapter 696 of the laws of 1887, relating to
2 providing hospitals, orphan asylums and other charitable institutions in
3 the city of New York with water, is amended by adding a new subdivision
4 c to read as follows:
5 c. 1. Notwithstanding any other law, rule or regulation to the contra-
6 ry, before any water charges are imposed on any entity enumerated in
7 section one of this act, the city of New York shall make certain that
8 there are no charges being levied for services which were not supplied
9 to such entity.
10 2. In instances where the city of New York has employed an improper
11 meter multiplier, and where the city of New York has had active or
12 constructive knowledge of the existence of such incorrect multiplier,
13 the city of New York shall grant the entity credit for the period when
14 billing was based on the improper multiplier. Such credit shall be
15 available in instances, including, but not limited to, where an entity
16 has installed a cooling tower meter, in accordance with city regu-
17 lations, and an average daily flow has been determined from actual meter
18 readings. In such cases, the average daily flow shall be measured and
19 recorded by the city of New York and then applied, using typical proc-
20 esses for such calculations, to the periods in which services were not
21 supplied to establish the amount of the credit to be granted for the
22 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
1 3. In any instance where there have been charges levied for services
2 not supplied, credits allowed under this subdivision shall be applied
3 retroactively up to ten years from the effective date of this subdivi-
4 sion. Any interest charges levied against such entity for services not
5 supplied shall be credited to such entity's account.
6 4. This subdivision shall apply retroactively to all relevant claims
7 of overcharges, failure to apply appropriate credits, and/or improper
8 estimation of an entity's usage, without limitation, for all periods
9 pre-dating the effective date of this subdivision. Any claims by an
10 entity previously determined by court order to be time-barred or
11 resolved through settlement are hereby revived, and action thereon may
12 be commenced to avail such entity of the rights and remedies set forth
13 in this subdivision.
14 § 2. This act shall take effect immediately.
