NY Pub Serv L § 89-L (2021)
2021 New York Laws PBS - Public Service Article 4-B - Provisions Relating to Water 89-L - Municipal Water Systems.

§ 89-l. Municipal  water systems. 1. For the purposes of this section,   and for the purposes of any jurisdiction conferred by it upon the public   service commission, a municipality  is  one  which  owns,  maintains  or   operates,  or  proposes  to own, maintain or operate, a water system, or   which sells, furnishes or distributes, or proposes to sell,  furnish  or   distribute,  water  for  domestic,  commercial  or  public uses, whether   provided by its own system or the system of a water-works corporation or   another municipality. As so limited, the  term  "municipality"  for  the   purposes  of  this  section,  means  a  city,  town,  village  or public   district; and a "public district," as here used, is a district or  other   territorial  division,  whether  incorporated  or not, whose affairs are   managed by any officer or officers, person or persons, elected by voters   or taxpayers or appointed by a public officer or officers, and includes,   without excluding others, a water district, water supply district and  a   fire  district.  The other provisions of this chapter shall not apply to   such a municipality, nor to its said business of owning, maintaining  or   operating  a  water  system  or  of  selling, furnishing or distributing   water, except such provisions as are applied by this section by  express   reference.  The  jurisdiction  of  the  public  service commission, with   respect to such a municipality or its said business, is that,  and  only   that, provided for in this section.2.   Each  such  municipality  shall  file  with  the  public  service   commission a copy of the  annual  report  of  its  division,  bureau  or   department of water.* 3.  No  municipality  shall  terminate or discontinue service to, or   place, sell or enforce any lien on the real property of,  a  residential   customer,  a  non-residential  customer whose account serves residential   premises, or a small business with twenty-five or fewer  employees  that   is  not  a  (a)  publicly  held  company,  or  a subsidiary thereof, (b)   seasonal, short-term, or temporary customer, (c) high usage customer  as   defined  by  the  commission,  or  (d)  customer  that  the  utility can   demonstrate has the resources to pay the bill, provided that the utility   notifies  the  small  business  customer  of  its  reasons  and  of  the   customer's  right to contest this determination through the commission's   complaint procedures, for the nonpayment of bills, taxes, or  fees,  and   no  bills,  taxes,  or  fees  charged  to such customers shall otherwise   become a lien on real property, for the duration of the  state  disaster   emergency  declared  pursuant  to executive order two hundred two of two   thousand twenty (hereinafter the "COVID-19 state of  emergency")  or  at   any  time  when a customer is in compliance with the terms of a deferred   payment agreement entered into pursuant  to  subdivision  four  of  this   section.  Every municipality shall have a duty to restore service to any   residential customer,  non-residential  customer  whose  account  serves   residential  premises,  or  small  business  customer within forty-eight   hours of the effective date of this subdivision if such service has been   terminated during the pendency of the COVID-19 state of emergency.* NB Repealed July 1, 2022* 4. For a period of one hundred eighty days after either the COVID-19   state of emergency is lifted or expires or  December  thirty-first,  two   thousand   twenty-one,  whichever  is  earlier,  no  municipality  shall   terminate or discontinue the service of, or place, sell or  enforce  any   lien  on the real property of, a residential customer, a non-residential   customer whose account serves residential  premises  or  small  business   customer   because   of  bill  arrears,  taxes,  or  fees  owed  to  the   municipality when such customer has experienced a  change  in  financial   circumstances  due to the COVID-19 state of emergency, as defined by the   department. The municipality shall provide  a  residential  customer,  a   non-residential  customer  whose account serves residential premises, or    small business  service  customer  that  has  experienced  a  change  in   financial  circumstances due to the COVID-19 state of emergency with the   right to enter  into,  or  restructure,  a  deferred  payment  agreement   without  the  requirement of a down payment, late fees, or penalties, as   such is provided for in article two of this chapter. The duration  of  a   deferred payment agreement entered into or restructured pursuant to this   subdivision  shall  be determined as such is provided for in article two   of this chapter and shall not be limited to the period described in  the   first sentence of this subdivision. A deferred payment agreement entered   into  or  restructured pursuant to this subdivision shall remain subject   to the provisions of article two of this chapter until  the  termination   of the agreement as such is provided in article two of this chapter.* NB Repealed July 1, 2022* 4-a.  No  municipality shall terminate or discontinue service to, or   place, sell or enforce any lien on the real property of any  residential   customer, non-residential customer which serves residential premises, or   a  small business customer for the nonpayment of bill arrears, taxes, or   fees after either the COVID-19 state of emergency is lifted  or  expires   or December thirty-first, two thousand twenty-one, whichever is earlier,   unless at least thirty days previously it sent to that customer a notice   of  its  intention  to do so together with a notice of rights under this   section in the form set forth in subdivision five of this section* NB Repealed July 1, 2022* 5. Every municipality shall provide notice, in  the  same  frequency   that  the  customer  receives  a regular bill, to residential customers,   non-residential customers whose accounts serve residential premises, and   small business customers in  a  writing  to  be  included  with  a  bill   statement   or,   when  appropriate,  via  electronic  transmission  the   provisions of this section and shall further make reasonable efforts  to   contact   customers   who   have  demonstrated  a  change  in  financial   circumstances due to the COVID-19 state of emergency for the purpose  of   offering such customers a deferred payment agreement consistent with the   provisions of this section and article two of this chapter.* NB Repealed July 1, 2022* 5-a.  Notwithstanding  the  provisions  of  subdivision  one of this   section, for the purposes of subdivisions three, four, five and  six  of   this  section,  a  "municipality"  shall  also  include  a  public water   authority established pursuant to article five of the public authorities   law. Every municipality shall be subject  to  the  jurisdiction  of  the   commission  for the purposes of enforcing the provisions of subdivisions   three, four, four-a, five, five-a and six of this  section  pursuant  to   sections twenty-four, twenty-five and twenty-six of this chapter.* NB Repealed July 1, 2022* 6.  Implementation  of  the  provisions  of  this  section shall not   prohibit a municipality from recovering lost or deferred revenues  after   the  lifting or expiry of the COVID-19 state of emergency, provided that   such means are not inconsistent with the  provisions  of  this  article.   Nothing in this section shall prohibit a municipality from disconnecting   service  when  it  is  necessary  to  protect  the  health and safety of   customers and the public.* NB Repealed July 1, 2022