What's happening
This bill amends rules for NYC Water Board charges, bases fees on actual usage, and extends challenge periods, especially for nonprofits.
Why it matters
Switching water and sewer charges to be based solely on actual usage (water consumed or wastewater discharged) eliminates flat fees or offsets, potentially making billing more accurate but also possibly increasing costs for higher-usage customers and incentivizing conservation.
Extending the challenge period for billing disputes from four to six years gives all customers more time to review and contest charges, which could help correct errors and promote fairness in billing.
Granting not-for-profit institutions a much longer, ten-year window to challenge charges—and applying this retroactively to prior bills—could provide significant financial relief and encourage these organizations to audit past bills for mistakes, potentially impacting city revenue and supporting nonprofit stability.
By mandating self-sustaining revenue for the water system, the bill may reinforce fiscal independence for the NYC Water Board, which could influence future rate-setting, investments, and the reliability of water and sewer infrastructure.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Strengthen Water Bill Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Water Bill Challenge Period
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Joseph Lentol
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4979
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the New York city water board
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 1045-g of the public authorities law, as amended by chapter 467 of the laws of 2001, is amended to read as follows:
4. To establish, fix, revise, charge and collect and enforce the payment of all fees, rates, rents and other service charges for the use of, or services furnished, rendered, or made available by the sewerage system, water system, or both, as the case may be, owned by the water board pursuant to this title in such amount at least sufficient at all times so as to receive revenues which, together with other revenues available to the board, if any, shall be at least sufficient at all times so that such system or systems shall be placed on a self-sustaining basis in accordance with section one thousand forty-five-j of this title; provided, however, that the water board shall base such charges upon the actual amount of water consumed, or wastewater discharged to the sewer system, with no offset; and provided further that the water board shall not establish a limit of less than [four] six years commencing from the date of the bill for services to challenge any fee, rate, rent, or other service charges for the use of or services furnished by the water and/or sewerage systems; any such challenge shall specifically set forth the basis for such claim; and provided further that, with respect to not-for-profit institutions, the challenge period shall be ten years, which shall apply to all not-for-profit institutions who are determined to have incurred such a bill for services prior to the effective date of this statute;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10552-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law, in relation to the New York city water board
Purpose or general idea of bill
The bill addresses an issue that has adversely affected many non-profit institutions in New York City. New York City has long held that munici- pal levies for water and sewer charges are not taxes, but at various times many non-profit institutions in New York City have enjoyed exemptions from water and sewer charges. The first such exemption was granted in 1887, when the state Legislature enacted Chapter 969 of the Laws of 1887, prospectively exempting hospitals, orphan asylums, and homes for the aged from the payment of "water rents to the City of New York". New York Courts have long held that water and sewer charges are not taxes. The 1887 law effectively released certain non-profit insti- tutions from the payment of water and sewer charges. By 1970 the act had been amended twelve times to exempt more classes of nonprofit organiza- tions from payment of water and sewer charges.
Summary of provisions
This bill relates to the water board's power to fix, revise, charge and Collect, and enforce payment.
Justification
It has long been recognized that non-profit institutions render impor- tant services to New York City. They are subsidized by exemption from real property taxes. This is particularly true in the case of "Safety Net Hospitals" located in New York City. If they do not survive, however tenuous their financial situation, government, particularly the New York City Health & Hospitals Corporation would be forced to assume a much greater share of providing health care services. The New York City Water Board, which is responsible for setting water and sewer rates in New York City, determines water charges based on the amount of water that flows through water meters required to be installed in all buildings in New York City. Prior to 1982 New City did not require water meters. After thirty-six years the City has made tremendous progress. After undertaking the largest universal metering conversion program in histo- ry, the City is fully metered. As with any large government undertaking, accompanied by constant revision of rules & procedures the City's efforts have not been without problems. Rules and regulations were constantly evolving. There was a period when inspections were not done and the City agency responsible for enforcement witnessed personnel changes and relocations. Many property owners, Safety Net Hospitals among them, attempted to comply with the shifting landscape while simply trying to stay solvent. Now these important institutions are being undu- ly burdened by charges that may not be accurate and which the Water Board has limited the time period in which they may seek redress. The Water Board has passed regulations which shortens the time for challeng- ing erroneous bills to a period that is shorter that the time that a civil litigant would be allowed to seek redress under the New York Civil Practice Laws & Rules. This legislation will ensure that after 30 years of transitional issues, institutions that undertook efforts to comply with the Water Board Rules and Regulations will not be penalized.
Prior legislative history
New Bill in 2019.
Fiscal implications for state and local governments
To be Determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.