S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   145

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  authorizing  the  installation  of water usage sub-meters by owners of
  multiple dwellings as defined herein

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 15 of the environmental conservation law is amended
by adding a new title 4 to read as follows:
                                  TITLE 4
                                SUB-METERING
SECTION 15-0401. LEGISLATIVE FINDINGS.
        15-0403. DEFINITIONS.
        15-0405. INSTALLATION OF SUB-METERS REQUIRED.
S 15-0401. LEGISLATIVE FINDINGS.
  THE  STATE  LEGISLATURE FINDS THAT IN ORDER TO PROVIDE FOR THE MAXIMUM
BENEFIT FROM THE STATE'S  WATER  RESOURCES  TO  THE  BROADEST  RANGE  OF
PUBLIC, PRIVATE USERS AT A MINIMUM COST AND WITH THE LEAST ADVERSE ENVI-
RONMENTAL  IMPACT,  IT IS NECESSARY AND IN THE PUBLIC INTEREST TO MANAGE
MORE EFFECTIVELY AND EFFICIENTLY THE STATE'S WATER SUPPLIES. TO  FACILI-
TATE  THE CONSERVATION OF WATER, TO MINIMIZE WASTE, AND TO MAKE SPECIFIC
DETERMINATIONS OF THE AMOUNTS AND LOCATIONS OF ALL USERS OF WATER,  SUB-
METERING  OF  WATER  USERS  IN  MULTIPLE DWELLINGS IS NECESSARY.   WATER
CONSERVATION IS HARDER TO ACHIEVE IN MULTIPLE DWELLINGS BECAUSE  TENANTS
ARE NOT AWARE OF THEIR WATER USAGE. THEREFORE TO MINIMIZE WASTE AN OWNER
OF  A MULTIPLE DWELLING IS ENCOURAGED TO IMPLEMENT SUB-METERING FOR EACH
INDIVIDUAL UNIT.
S 15-0403. DEFINITIONS.
  1. "SUB-METER" SHALL MEAN A DEVICE WHICH RECORDS OR MEASURES THE WATER
USAGE FOR EACH INDIVIDUAL UNIT WITHIN A RESIDENTIAL MULTIPLE DWELLING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02013-01-9

S. 145                              2

  2. "UNIT" SHALL MEAN A FAMILY APARTMENT WITHIN A MULTIPLE DWELLING.
  3.  "MULTIPLE DWELLING", FOR THE PURPOSES OF THIS TITLE, IS A DWELLING
WHICH IS EITHER RENTED, LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR  IS
OCCUPIED  AS  A RESIDENCE OR HOME OF THREE OR MORE FAMILIES LIVING INDE-
PENDENTLY OF EACH OTHER.
S 15-0405. INSTALLATION OF SUB-METERS REQUIRED.
  1. WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS TITLE, OWNERS  MAY
INSTALL SUB-METERS IN ALL MULTIPLE DWELLINGS AT THEIR OWN EXPENSE.
  2.  THE OPTION TO INSTALL SUB-METERS AS PROVIDED IN THIS SECTION SHALL
NOT APPLY TO ANY REAL PROPERTY WHILE AN ACTION FOR FORECLOSURE OF A  TAX
LIEN  PURSUANT  TO  EITHER TITLE TWO OR TITLE THREE OF ARTICLE ELEVEN OF
THE REAL PROPERTY TAX LAW IS PENDING.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE LEGISLATIVE BODY OF
ANY LOCAL GOVERNMENT MAY DULY ENACT OR ADOPT LOCAL  LAWS  OR  ORDINANCES
OR,  IN  THE  CITY  OF  NEW  YORK, THE NEW YORK CITY WATER BOARD CREATED
PURSUANT TO SECTION ONE THOUSAND FORTY-SIX  OF  THE  PUBLIC  AUTHORITIES
LAW, MAY PROMULGATE REGULATIONS PROVIDING STANDARDS FOR THE INSTALLATION
OF  SUB-METERS AND IMPOSING HIGHER OR MORE RESTRICTIVE STANDARDS FOR THE
SUB-METERING OF WATER WITHIN THE JURISDICTION OF SUCH  LOCAL  GOVERNMENT
OR WATER BOARD THAN ARE GENERALLY APPLICABLE TO SUCH LOCAL GOVERNMENT OR
WATER BOARD UNDER THE PROVISIONS OF THIS SECTION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.