BILL NUMBER:S2635

TITLE OF BILL:  An act relating to prohibiting the New York city water
board from adopting any rules and regulations less favorable to the
consumer

PURPOSE:

Prohibits the New York City Water Board from adopting rules and
regulations that seduce the timeframe for consumers to appeal bills,
receive refunds or otherwise less favorable to the consumer.  In
addition, where backbilling errors are discovered in favor of the
consumer, the New York City water board shall provide for and order
refunds up to six years.

JUSTIFICATION:

The NYC water board has recently proposed to drastically reduce the
period during which billing complaints must be registered, from the
current practice of six years to eighteen months. In doing this, the
water board is proposing to break with well established and long
standing utility industry standard practiced throughout the U.S. and
adhered to by the NYS public service commission.

According to the NYC public advocate's office, "the 18 month" proposal
would harm businesses as well as private residential consumers. The
              

public advocate reports that although the water board has made some
improvements, commercial users still report numerous billing errors
from misread meters. Residential customers also report continued
problems resulting in overbilling and overpayments, which are usually
discovered beyond the 18-month limit proposed.

The 18 month time limit would deny customers their right to refunds
for overpayment resulting from the water board's own errors while
allowing the water board to retain its own. Adjust and back billing
rights of up to two years for residential customers and six for
commercial.

This bill will restrict the water board's authority to promulgate such
rules that reduce consumer's rights and will preserve and protect
existing fair and equitable billing standards for NYC residents whose
interest the board should serve.

PRIOR LEGISLATIVE HISTORY:

2013-14: S.2697/A4338 - Referred to Corps, Authorities and Commissions
2011-12: S.1182/A.3055 - Referred to Corps, Authorities and
Commissions/Referred to Cities
2009-10: S.2284/A.3374 - Referred to Corps, Authorities and
Commissions/Referred to Cities
2008: S.1980
2006: S.1179
2002: A.3881
2000: A.8510

FISCAL IMPLICATIONS:


None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.