BILL NUMBER: S5029

SPONSOR: PARKER
 
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 regu-
lations 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 stand-
              

ing 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 exist-
ing fair and equitable billing standards for NYC residents whose inter-
est the board should serve.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.2276- REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
2015-16: S.2635/A.6400-Referred to Corps, Authorities and Commissions
2013-14: S.2697/A.4338 - 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.