NY State Senate Bill 2021-S4800

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to cities 1
Feb 12, 2021	referred to cities 1

2021-S4800 (ACTIVE) - Details

Current Committee:: Senate Cities 1
Law Section:: New York City
Laws Affected:: Amd §3, Chap 696 of 1887
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7383
2017-2018: S3259
2019-2020: S4436
2023-2024: S6041
2025-2026: S4084

2021-S4800 (ACTIVE) - Summary

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.

2021-S4800 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4800

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
PURPOSE:

To provide hospitals, orphan asylums and other charitable institutions
in the City of New York with water and sewer charges that accurately
reflect their usage.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 3: Amends chapter 696 of the laws of 1887, relating to providing
hospitals, orphan asylum and other charitable institutions in the city
of New York with water, in relation to credits for charges in which

services were not supplied. In instances where the City has employed an
improper meter multiplier, and where the City of New York has had active
or constructive notice of the existence of such incorrect multiplier,
the City shall grant the entity credit for the time period during which
billing charges was based on an improper meter multiplier.

 
EXISTING LAW:

Currently, the Department of Environmental Protection cannot issue bills
for previously unbilled service or upwardly adjust previously issued
billing to a property after four years from the time service was
provided to such property. The current law also allows for a reasonable
administrative delay between the end date of the service period being
billed, or the date of discovery of an unbilled or under-billed period,
and the actual new bill issued. In addition, the current law effectively
shortens the time period within which a customer can challenge a bill
for which an improper multiplier was used. Had the Water Board been
subjected to the New York State Civil Practice Laws & Rules, organiza-
tions would have provided a six year statute of limitation to challenge
incorrect meter bills.

 
JUSTIFICATION:

This bill addresses an issue that has had a tremendously burdensome
impact on large non-profit institutions in New York City. On large water
meters the amount of water that registers through the meter can be so
great that to determine the actual amount of water that registers
through the meter you must determine what the "meter multiplier" is.
This has to be done because the meter has made a complete turn on the
primary register. The multiplier tells how many complete turns have been
made. This enables the City to compute the actual amount of water that
passed through the meter is. Presently when the City discovers that it
has made an error with respect to a meter multiplier no-adjustment may
be made beyond a four year period. The effect is that if it is deter-
mined that the institution had been over billed for a period of 6 years
the institution will only be able to get credit for 4 of those years.

 
LEGISLATIVE HISTORY:
2019-20: S4436 - REFERRED TO CITIES

2017-18: 53259 - Referred to Cities

2015-16: 5.7383 - Referred to Cities

 
FISCAL IMPLICATIONS:

No State fiscal impact, City impact is unknown

 
LOCAL FISCAL IMPLICATIONS:

Unknown

 
EFFECTIVE DATE:
This Act Shall Take Effect Immediately

2021-S4800 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4800
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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:
 
   Section 1. Section 3 of 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, is amended by adding a new subdivision
 c to read as follows:
   C. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
 RY, BEFORE ANY WATER CHARGES ARE IMPOSED ON  ANY  ENTITY  ENUMERATED  IN
 SECTION  ONE  OF  THIS ACT, THE CITY OF NEW YORK SHALL MAKE CERTAIN THAT
 THERE ARE NO CHARGES BEING LEVIED FOR SERVICES WHICH WERE  NOT  SUPPLIED
 TO SUCH ENTITY.
   2.  IN  INSTANCES  WHERE THE CITY OF NEW YORK HAS EMPLOYED AN IMPROPER
 METER MULTIPLIER, AND WHERE THE CITY OF  NEW  YORK  HAS  HAD  ACTIVE  OR
 CONSTRUCTIVE  KNOWLEDGE  OF  THE EXISTENCE OF SUCH INCORRECT MULTIPLIER,
 THE CITY OF NEW YORK SHALL GRANT THE ENTITY CREDIT FOR THE  PERIOD  WHEN
 BILLING  WAS  BASED  ON  THE  IMPROPER  MULTIPLIER. SUCH CREDIT SHALL BE
 AVAILABLE IN INSTANCES, INCLUDING, BUT NOT LIMITED TO, WHERE  AN  ENTITY
 HAS  INSTALLED  A  COOLING  TOWER  METER,  IN ACCORDANCE WITH CITY REGU-
 LATIONS, AND AN AVERAGE DAILY FLOW HAS BEEN DETERMINED FROM ACTUAL METER
 READINGS.  IN SUCH CASES, THE AVERAGE DAILY FLOW SHALL BE  MEASURED  AND
 RECORDED  BY  THE CITY OF NEW YORK AND THEN APPLIED, USING TYPICAL PROC-
 ESSES FOR SUCH CALCULATIONS, TO THE PERIODS IN WHICH SERVICES  WERE  NOT
 SUPPLIED  TO  ESTABLISH  THE  AMOUNT OF THE CREDIT TO BE GRANTED FOR THE
 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.
                                                            LBD09219-01-1

 S. 4800                             2
 
   3. IN ANY INSTANCE WHERE THERE HAVE BEEN CHARGES LEVIED  FOR  SERVICES
 NOT  SUPPLIED,  CREDITS  ALLOWED UNDER THIS SUBDIVISION SHALL BE APPLIED
 RETROACTIVELY UP TO TEN YEARS FROM THE EFFECTIVE DATE OF  THIS  SUBDIVI-
 SION.  ANY  INTEREST CHARGES LEVIED AGAINST SUCH ENTITY FOR SERVICES NOT
 SUPPLIED SHALL BE CREDITED TO SUCH ENTITY'S ACCOUNT.
   4.  THIS  SUBDIVISION SHALL APPLY RETROACTIVELY TO ALL RELEVANT CLAIMS
 OF OVERCHARGES, FAILURE TO APPLY APPROPRIATE  CREDITS,  AND/OR  IMPROPER
 ESTIMATION  OF  AN  ENTITY'S  USAGE, WITHOUT LIMITATION, FOR ALL PERIODS
 PRE-DATING THE EFFECTIVE DATE OF THIS  SUBDIVISION.  ANY  CLAIMS  BY  AN
 ENTITY  PREVIOUSLY  DETERMINED  BY  COURT  ORDER  TO  BE  TIME-BARRED OR
 RESOLVED THROUGH SETTLEMENT ARE HEREBY REVIVED, AND ACTION  THEREON  MAY
 BE  COMMENCED  TO AVAIL SUCH ENTITY OF THE RIGHTS AND REMEDIES SET FORTH
 IN THIS SUBDIVISION.
   § 2. This act shall take effect immediately.

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Senate Bill S4800

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

2021-S4800 (ACTIVE) - Details

2021-S4800 (ACTIVE) - Summary

2021-S4800 (ACTIVE) - Sponsor Memo

2021-S4800 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4800

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

2021-S4800 (ACTIVE) - Details

2021-S4800 (ACTIVE) - Summary

2021-S4800 (ACTIVE) - Sponsor Memo

2021-S4800 (ACTIVE) - Bill Text download pdf

Comments