Bill Text: NY S08534 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes the "small water utility transparency act"; requires the public service commission and the department of environmental conservation to conduct audits of certain private water companies; requires certain private water companies which are under certain investigations to file public updates on the status of compliance with such orders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-06-01 - referred to corporations, authorities and commissions [S08534 Detail]

Download: New_York-2021-S08534-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8534

                    IN SENATE

                                      March 9, 2022
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN  ACT  to amend the public service law, the environmental conservation
          law and the state finance law, in relation to  reporting  requirements
          and audits of private water companies

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  This act shall be known and may be  cited  as  the  "small
     2  water utility transparency act".
     3    §  2.   The public service law is amended by adding a new section 89-q
     4  to read as follows:
     5    § 89-q. Powers of the commission with respect to private water  compa-
     6  nies.  1.  The  commission,  in coordination with the comptroller, shall
     7  conduct full audits of regulated  private  water  companies  with  gross
     8  annual  revenues below two hundred fifty thousand dollars on a three- to
     9  five-year cycle, as determined by  the  commission.  Such  audits  shall
    10  focus  on  capital  investment  in the private water company, compliance
    11  with state and federal water  safety  regulations  and  laws,  financial
    12  capacity  of  the private water company, management ability and function
    13  of the private water company, water  adequacy  and  sufficiency  of  the
    14  private water system and affordability.
    15    2.  The  commission  shall  require  that  any regulated private water
    16  company with gross annual revenues  below  two  hundred  fifty  thousand
    17  dollars which is under investigation either by motion of the commission,
    18  pursuant  to  section  eighty-nine-i  of this article, or pursuant to an
    19  order to show cause shall file regular public updates on the  status  of
    20  compliance  with  such  order. The commission shall promulgate rules and
    21  regulations regarding such requirement including, but  not  limited  to,
    22  determining  how  often  such  public  updates shall be provided and the
    23  manner in which such public updates shall be  provided  to  the  public.
    24  The  commission  shall  be authorized to establish and collect fines for
    25  non-compliance with  this  subdivision.    Such  fines  may  be  set  at
    26  increased rates for repeated non-compliance.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11615-02-2
        S. 8534                             2

     1    3. The commission shall cooperate with the department of environmental
     2  conservation and shall provide any information or data compiled by or in
     3  the  possession  of  the  commission  to the department of environmental
     4  conservation for the purposes of aiding the department of  environmental
     5  conservation in carrying out audits of regulated private water companies
     6  with gross annual revenues below two hundred fifty thousand dollars. The
     7  commission  shall coordinate such audits with the department of environ-
     8  mental conservation and shall issue joint audit reports that  merge  the
     9  separate  audits  of  the commission and the department of environmental
    10  conservation.
    11    § 3. The environmental conservation law is amended  by  adding  a  new
    12  section 15-0319 to read as follows:
    13  § 15-0319. Powers and duties with respect to private water companies.
    14    The  department  shall  conduct full audits of private water companies
    15  with gross annual revenues below  two  hundred  fifty  thousand  dollars
    16  which  are  regulated  by  the  public service commission on a three- to
    17  five-year cycle, as determined by  the  department.  Such  audits  shall
    18  focus on, but shall not be limited to, compliance with state and federal
    19  water safety regulations and laws, water quality, water adequacy, suffi-
    20  ciency of testing performed by the private water company. The department
    21  may  seek  the assistance of the public service commission in conducting
    22  such audits and may rely on information and data complied or provided by
    23  the public service commission in the completion of  such  audits.    The
    24  department  shall coordinate such audits with the public service commis-
    25  sion and shall assist the commission in issuing joint audit reports that
    26  merge the separate audits of  the  department  and  the  public  service
    27  commission.
    28    §  4.    Section 8 of the state finance law is amended by adding a new
    29  subdivision 21 to read as follows:
    30    21.  Notwithstanding any inconsistent provision of  law,  audit  regu-
    31  lated  private  water  companies  with  gross  annual revenues below two
    32  hundred fifty thousand dollars in accordance with section  eighty-nine-q
    33  of the public service law.
    34    § 5. This act shall take effect immediately.