S T A T E O F N E W Y O R K
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6095
2009-2010 Regular Sessions
I N S E N A T E
July 16, 2009
___________
Introduced by Sen. ESPADA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public authorities law, in relation to requiring the
New York city water board to wait at least thirty days after the
adoption of the New York city executive budget to establish the annual
fees and charges for the use of the sewerage system and water system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 1045-j of the public authorities
law, as added by chapter 513 of the laws of 1984, is amended to read as
follows:
1. The water board shall establish, fix and revise, [from time to
time,] NOT LESS THAN THIRTY DAYS AFTER THE ADOPTION OF THE EXECUTIVE
BUDGET BY THE CITY, THE ANNUAL fees, rates, rents or other charges for
the use of, or services furnished, rendered or made available by, the
sewerage system or water system, or both, as the case may be, owned by
the water board pursuant to this title in such amount at least suffi-
cient at all times so as to provide funds in an amount sufficient
together with other revenues available to the board, if any, (i) to pay
to the authority, in accordance with any agreement with the authority,
an amount sufficient for the purpose of paying the principal of and the
interest on the outstanding notes or bonds of the authority as the same
shall become due and payable and maintaining or funding a capital or
debt service reserve fund therefor and, to the extent requested by the
city in, or annually pursuant to, the agreement to pay to the city, in
accordance with the agreement, an amount sufficient for the purpose of
paying the principal of and interest on general obligation bonds thereof
issued for or allocable to the water system or sewerage system or both,
as the case may be, as the same shall become due and payable, and to
maintain or fund reserves therefor, (ii) to pay to the city, in accord-
ance with the agreement, an amount sufficient for the purpose of paying
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02343-01-9
S. 6095 2
the costs of administering, maintaining, repairing and operating and the
cost of constructing capital improvements to the water system or sewer-
age system or both, as the case may be, (iii) to pay to the city in
accordance with the agreement entered into pursuant to section one thou-
sand forty-five-i of this title an amount sufficient for the purpose of
paying liabilities issued for or allocable to the water system or sewer-
age system or both, as the case may be, as the same shall become due and
payable, (iv) to meet any requirements of any agreement including
requirements relating to the establishment of reserves for renewal and
replacement and for uncollected charges and covenants respecting rates,
(v) to pay all other reasonable and necessary expenses of the authority
and the water board in relation thereto, and (vi) to the extent
requested by the city in or pursuant to the agreement, to pay or provide
for such other purposes or projects as such city considers appropriate
and in the public interest. Any surplus of funds remaining in the water
board after such payments have been made shall be returned to the city
for deposit in the general fund.
S 2. Subdivision 9-a of section 1045-j of the public authorities law,
as added by chapter 184 of the laws of 1997, is amended to read as
follows:
9-a. [The] AFTER THE CITY ADOPTS AN EXECUTIVE BUDGET, THE water board
shall hold public hearings, in each borough of the city of New York,
prior to promulgating or fixing [annual water and sewer rates for such
city] ITS ANNUAL FEES, RATES, RENTS OR OTHER CHARGES FOR THE USE OF, OR
SERVICES FURNISHED, RENDERED OR MADE AVAILABLE BY, THE SEWERAGE SYSTEM
OR WATER SYSTEM, OR BOTH, AS THE CASE MAY BE, OWNED BY THE WATER BOARD
PURSUANT TO THIS TITLE. THE WATER BOARD'S ANNUAL WATER AND SEWER RATES
CANNOT BE SET LESS THAN THIRTY DAYS AFTER THE CITY ADOPTS ITS BUDGET.
Notice of such public hearing shall be conspicuously published in a
newspaper of general circulation, within each borough, at least one week
prior to the hearing.
S 3. This act shall take effect immediately.