NY Pub Serv L § 89-E (2021)
2021 New York Laws PBS - Public Service Article 4-B - Provisions Relating to Water 89-E - Filing of Approval for Construction; Approval of Initial Rate Schedules; Certificate for Parallel or Duplicate Lines.

§ 89-e. Filing  of approval for construction; approval of initial rate   schedules;  certificate  for  parallel  or  duplicate   lines.   1.   No   water-works  corporation  shall  begin construction of a water system or   extension thereof  or  exercise  any  rights  or  privileges  under  any   franchise  hereafter  granted, or under any franchise heretofore granted   but not heretofore actually exercised, or the exercise  of  which  shall   have  been  suspended  for more than one year, without first filing with   the public service commission a certified copy of the order, required by   law, of the department of environmental conservation approving the same.2. No water-works corporation shall begin operation of a water  system   or  extension  thereof, supply water or charge for service without first   filing with the commission, at least one hundred twenty  days  prior  to   the  date  upon which service is to begin, a schedule of rates, charges,   rules, regulations and such further information as  the  commission  may   require  showing  the  basis  for the corporation's determination of its   proposed rate. The commission shall have power to approve or  disapprove   such  proposed  rate, or to condition an approval upon the corporation's   use of a specific method  of  cost  apportionment,  for  both  rate  and   accounting  purposes,  among  related  enterprises  or  operations.  The   commission shall take final action on the  proposed  schedule  of  rates   within  two  hundred  forty  days after it is filed or after information   required by the commission is furnished, whichever  is  later,  provided   that  within  one  hundred  twenty  days  after the schedule is filed or   information received, whichever is later, the schedule of rates filed by   the corporation shall be allowed to become effective, either finally  or   on  a temporary basis, on such terms as may be imposed by the commission   in accordance with the procedures  set  forth  in  section  one  hundred   thirteen of this chapter. A water-works corporation shall provide notice   to  the  public of such proposed schedule of rates once in each week for   four successive weeks in a newspaper having general circulation  in  the   county  or  counties  containing  territory  affected  by  the  proposed   schedule of  rates,  which  notice  shall  plainly  state  the  proposed   schedule  of rates. Publication must be completed prior to the effective   date of the proposed schedule  of  rates  unless  the  commission  shall   otherwise  order.  The  commission  may,  for  good  cause  shown, waive   publication of notice to the public under conditions it  may  prescribe.   If  such  corporation  is  affiliated  with  a  developer  that sells or   proposes to sell new homes that would receive  service  from  the  water   system,  notice of the proposed schedule of rates shall be included with   other informational materials supplied to potential purchasers  of  such   homes.3.  No  main  or  conduit of an existing water supply company shall be   paralleled or duplicated unless and until there shall  have  first  been   obtained a certificate of convenience and necessity from the commission.