BILL NUMBER: S6041
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 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.
Section 2: This act shall take effect immediately.
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:
2021-22: S4800 -REFERRED TO CITIES 1
2019-20: S4436 -REFERRED TO CITIES
2017-18: S3259 -Referred to Cities
2015-16: S.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.