§ 89-b. Safe and adequate service; just and reasonable charges; unjust
discrimination; unreasonable preference; protection of privacy. 1. Every
water-works corporation shall furnish and provide such service,
instrumentalities and facilities as shall be safe and adequate and in
all respects just and reasonable. All charges made or demanded by any
such water-works corporation for water, or for equipment furnished or
for any service rendered or to be rendered shall be just and reasonable
and not more than allowed by law or by order of the commission. Every
unjust or unreasonable charge made or demanded for water or for
equipment furnished or for any such service, or in connection therewith,
or in excess of that allowed by law or by the order of the commission is
prohibited.

2. No water-works corporation shall directly or indirectly, by any
special rate, rebate, drawback or other device or method, charge,
demand, collect or receive from any person or corporation a greater or
less compensation for water, or for equipment or for any service
rendered or to be rendered or in connection therewith, except as
authorized in this article, than it charges, demands, collects or
receives from any other person or corporation for doing a like and
contemporaneous service with respect thereto under the same or
substantially similar circumstances or conditions.

3. No water-works corporation shall make or grant any undue or
unreasonable preference or advantage to any person, corporation or
locality, or to any particular description of service in any respect
whatsoever, or subject any particular person, corporation or locality or
any particular description of service to any undue or unreasonable
prejudice or disadvantage in any respect whatsoever.

3-a. No water-works corporation shall discontinue or disconnect the
supply of water for non-payment of water rents, rates or charges, unless
such water-works corporation shall have first given fifteen days'
written notice of its intention so to do to the owner of the premises
thereby affected, or in lieu thereof, to the person, firm or corporation
to whom or which the last preceding bill has been rendered and from whom
or which the water-works corporation has received payment therefor, and
to the superintendent or other person in charge of the building or
premises thereby affected, if it can be readily ascertained that there
is such superintendent or other person in charge. Such notice in every
case shall be served either personally on the person, firm or
corporation to which it is directed, or by mailing the same in a
postpaid wrapper to the address of such person, firm or corporation.

3-b. (a) No water-works corporation can effect the discontinuance of
residential service for nonpayment of bills rendered for water service
on Friday after twelve noon, Saturday, Sunday, public holiday, or day on
which the main business office of the corporation is not open for
business.

(b) Discontinuance for nonpayment of bills rendered for water service
of residential services can only take place between Monday and Thursday
between the hours of eight a.m. and six p.m., and Fridays before twelve
noon.

(c) The term public holiday refers to those holidays enumerated in the
general construction law.

3-c. It shall be unlawful for any water-works corporation to
discontinue the supply of water to any person or entity receiving public
assistance, for nonpayment of bills rendered for service, if the payment
for such service is to be paid directly by the office of temporary and
disability assistance or the social services official in such locality.

4. Nothing in this chapter shall be taken to prohibit a water-works
corporation from establishing a sliding scale for a fixed period for the
automatic adjustment of charges for water, or any service rendered or to
be rendered and the dividends to be paid to stockholders of such
corporation, provided the sliding scale shall first have been filed with
and approved by the commission; but nothing in this subdivision shall
operate to prevent the commission after the expiration of such fixed
period from fixing proper, just and reasonable rates and charges to be
made for service as authorized in this article.

5. Nothing in this chapter shall be taken to prohibit a water-works
corporation from establishing classifications of service based upon the
quantity of water used, times when used, purpose for which used,
duration of use, or upon any other reasonable consideration, and
providing schedules of just and reasonable graduated rates applicable
thereto. No such classification, schedule, rate or charge shall be
lawful unless it shall be filed with and approved by the commission, and
every such classification, rate or charge shall be subject to change,
alteration and modification by the commission.

6. No water works corporation shall sell or offer for sale any list of
names of its customers. However, upon request by a municipality, a water
works corporation shall provide water usage data by property address to
such municipality where: (a) such municipality is within the service
territory of such water works corporation; (b) such data shall only be
used for municipal purposes related to the financing of clean, storm or
drinking water infrastructure projects and service; and (c) the
provision of such data shall be pursuant to a written agreement between
the water works corporation and the municipality which adequately
provides for customer privacy safeguards and is approved by the
commission. The water works corporation may provide for reimbursement of
any nominal administrative costs which result from this provision of
data in the written agreement. Property water usage data shall be used
solely for the calculation of assessments or bills for municipal
services for which water usage is a relevant indicator of the cost of
such municipal services and such data information shall not be sold or
shared with any other person or corporation. If a private vendor is used
by the municipality in association with such municipal purposes, the
restrictions related to municipalities on sale or sharing of water usage
data shall apply to such private vendor. Upon request by a municipality,
the commission may commence a proceeding to: (a) establish a written
agreement between the municipality and a water works corporation; or (b)
review any written agreement entered into between the municipality and a
water works corporation, and make any modifications to such agreement as
would be in the public interest. Any agency, as defined under section
eighty-six of the public officers law, shall not disclose any personally
identifiable information contained within such water usage data to the
public. For purposes of this subdivision, "municipality" shall only
include the cities of New Rochelle and Rye; the towns of Eastchester,
Greenburgh, and Mount Pleasant; and the villages of Ardsley, Bronxville,
Dobbs Ferry, Hastings-on-Hudson, Pelham, Pelham Manor, Port Chester, Rye
Brook, and Tuckahoe.

7. Every water-works corporation providing service to the residents of
a county with a population of one million two hundred fifty thousand or
more which is not wholly contained within a city shall meter service to
its customers within two years of the effective date of this
subdivision.

12. (a) Every water-works corporation shall provide customers with a
convenient option to request that the water-works corporation use their
preferred name and/or preferred pronouns in all written or oral
communications between the water-works corporation and the customer, as
well as all statements or documentation relating to a customer's water
service, regardless of whether such customer's preferred name differs
from their current legal name.

(b) If a customer's preferred name differs from their current legal
name, a water-works corporation may require such customer to provide
reasonable proof of identity using their legal name, provided that such
information shall be used solely to verify the customer's identity or
for other purposes required by law.

(c) No water-works corporation shall:

(i) willfully and repeatedly fail to use a customer's preferred name
and/or preferred pronouns after being clearly informed of the preferred
name and/or preferred pronouns pursuant to paragraph (a) of this
subdivision; or

(ii) require a customer to specify their sexual orientation or gender
identity or expression in order to use their preferred name and/or
preferred pronouns.