Relates to method of collection of charges by the Suffolk county water authority

1 Co-sponsor

• Phil Boyle

Title of bill

An act to amend the public authorities law,in relation to method of collection of charges by the Suffolk county water authority

Purpose or general idea of bill

To clarify the Suffolk county water authority to charge and collect rates, fees and other charges for the use or availability of its water facilities or for the services or commodities by providing that such rates, fees and other charges shall be a lien upon the real property upon which or in connection with which such services are provided or made available. The act provides that unpaid rates, fees and charges in arrears for ninety days shall be transmitted to the appropriate county official, which shall levy such sum against the properties liable for such rates, fees and charges.

Summary of provisions

This bill amends the public authorities law by adding a new section 1078-f. This amendment clarifies the authority's power to collect rates, fees and other charges for the use or availability of its water facilities or of the services or commodities provided by the authority. The act also provides that all such rates, fees and other charges shall be a lien upon the real property in a similar manner to water rates, fees and charges of water districts. Authority rates, fees and charges that are ninety days in arrears on the first day of November in each year, shall be transmitted to the legislative body of the county of Suffolk, which shall levy such sums against the properties liable for such amounts under the heading "water charge." The county shall then pay over to the chief financial officer of the authority amounts collected by the county.

Justification

Each year the authority has to write off hundreds of thousands of dollars in uncollected water rates, fees and charges due to nonpayment of water bills. These amounts are primarily attributable to customers who move out of the county of Suffolk without paying their final water bill or giving notice to the authority that they are moving. It is difficult and costly to collect from former customers who no longer reside in the county. New York law currently provides that water rates and charges for water districts automatically become liens of the real property where water services are provided. Because of this law, unpaid water bills in water districts are usually paid upon the sale of the property as they become liens on the property.

Prior legislative history

None.

Fiscal implications

None to the state.

Effective date

Immediately.