NY Pub Serv L § 89-B (2021)
2021 New York Laws PBS - Public Service Article 4-B - Provisions Relating to Water 89-B - Safe and Adequate Service; Just and Reasonable Charges; Unjust Discrimination; Unreasonable Preference; Protection of Privacy.

§ 89-b. Safe and adequate service; just and reasonable charges; unjust discrimination; unreasonable preference; protection of privacy. 1. Every water-works   corporation   shall  furnish  and  provide  such  service, instrumentalities and facilities as shall be safe and  adequate  and  in all  respects  just  and reasonable. All charges made or demanded by any such water-works corporation for water, or for  equipment  furnished  or for  any service rendered or to be rendered shall be just and reasonable and not more than allowed by law or by order of  the  commission.  Every unjust  or  unreasonable  charge  made  or  demanded  for  water  or for equipment furnished or for any such service, or in connection therewith, or in excess of that allowed by law or by the order of the commission is prohibited.   2. No water-works corporation shall directly  or  indirectly,  by  any special  rate,  rebate,  drawback  or  other  device  or method, charge, demand, collect or receive from any person or corporation a  greater  or less  compensation  for  water,  or  for  equipment  or  for any service rendered or to  be  rendered  or  in  connection  therewith,  except  as authorized  in  this  article,  than  it  charges,  demands, collects or receives from any other person or  corporation  for  doing  a  like  and contemporaneous   service   with  respect  thereto  under  the  same  or substantially similar circumstances or conditions.   3. No water-works  corporation  shall  make  or  grant  any  undue  or unreasonable  preference  or  advantage  to  any  person, corporation or locality, or to any particular description of  service  in  any  respect whatsoever, or subject any particular person, corporation or locality or any  particular  description  of  service  to  any undue or unreasonable prejudice or disadvantage in any respect whatsoever.   3-a. No water-works corporation shall discontinue  or  disconnect  the supply of water for non-payment of water rents, rates or charges, unless such  water-works  corporation  shall  have  first  given  fifteen days' written notice of its intention so to do to the owner  of  the  premises thereby affected, or in lieu thereof, to the person, firm or corporation to whom or which the last preceding bill has been rendered and from whom or  which the water-works corporation has received payment therefor, and to the superintendent or other person  in  charge  of  the  building  or premises  thereby  affected, if it can be readily ascertained that there is such superintendent or other person in charge. Such notice  in  every case   shall  be  served  either  personally  on  the  person,  firm  or corporation to which it is  directed,  or  by  mailing  the  same  in  a postpaid wrapper to the address of such person, firm or corporation.   3-b.  (a)  No water-works corporation can effect the discontinuance of residential service for nonpayment of bills rendered for  water  service on Friday after twelve noon, Saturday, Sunday, public holiday, or day on which  the  main  business  office  of  the  corporation is not open for business.  (b) Discontinuance for nonpayment of bills rendered for water  service of  residential services can only take place between Monday and Thursday between the hours of eight a.m. and six p.m., and Fridays before  twelve noon.  (c) The term public holiday refers to those holidays enumerated in the general construction law.   3-c.   It  shall  be  unlawful  for  any  water-works  corporation  to discontinue the supply of water to any person or entity receiving public assistance, for nonpayment of bills rendered for service, if the payment for such service is to be paid directly by the office of  temporary  and disability assistance or the social services official in such locality.   4.  Nothing  in  this chapter shall be taken to prohibit a water-works corporation from establishing a sliding scale for a fixed period for the  automatic adjustment of charges for water, or any service rendered or to be rendered and the  dividends  to  be  paid  to  stockholders  of  such corporation, provided the sliding scale shall first have been filed with and  approved  by  the commission; but nothing in this subdivision shall operate to prevent the commission after the  expiration  of  such  fixed period  from  fixing proper, just and reasonable rates and charges to be made for service as authorized in this article.   5. Nothing in this chapter shall be taken to  prohibit  a  water-works corporation  from establishing classifications of service based upon the quantity of water  used,  times  when  used,  purpose  for  which  used, duration  of  use,  or  upon  any  other  reasonable  consideration, and providing schedules of just and reasonable  graduated  rates  applicable thereto.  No  such  classification,  schedule,  rate  or charge shall be lawful unless it shall be filed with and approved by the commission, and every such classification, rate or charge shall be  subject  to  change, alteration and modification by the commission.   6. No water works corporation shall sell or offer for sale any list of names of its customers. However, upon request by a municipality, a water works  corporation shall provide water usage data by property address to such municipality where: (a) such municipality  is  within  the  service territory  of  such water works corporation; (b) such data shall only be used for municipal purposes related to the financing of clean, storm  or drinking   water  infrastructure  projects  and  service;  and  (c)  the provision of such data shall be pursuant to a written agreement  between the  water  works  corporation  and  the  municipality  which adequately provides  for  customer  privacy  safeguards  and  is  approved  by  the commission. The water works corporation may provide for reimbursement of any  nominal  administrative  costs  which result from this provision of data in the written agreement. Property water usage data shall  be  used solely  for  the  calculation  of  assessments  or  bills  for municipal services for which water usage is a relevant indicator of  the  cost  of such  municipal  services and such data information shall not be sold or shared with any other person or corporation. If a private vendor is used by the municipality in association with  such  municipal  purposes,  the restrictions related to municipalities on sale or sharing of water usage data shall apply to such private vendor. Upon request by a municipality, the  commission  may  commence  a proceeding to: (a) establish a written agreement between the municipality and a water works corporation; or (b) review any written agreement entered into between the municipality and a water works corporation, and make any modifications to such agreement as would be in the public interest. Any agency, as  defined  under  section eighty-six of the public officers law, shall not disclose any personally identifiable  information  contained within such water usage data to the public. For purposes of  this  subdivision,  "municipality"  shall  only include  the  cities  of New Rochelle and Rye; the towns of Eastchester, Greenburgh, and Mount Pleasant; and the villages of Ardsley, Bronxville, Dobbs Ferry, Hastings-on-Hudson, Pelham, Pelham Manor, Port Chester, Rye Brook, and Tuckahoe.   7. Every water-works corporation providing service to the residents of a county with a population of one million two hundred fifty thousand  or more  which is not wholly contained within a city shall meter service to its  customers  within  two  years  of  the  effective  date   of   this subdivision.   * 8.  No  water-works  corporation  shall  terminate or disconnect the supply of water to residential  accounts  or  the  account  of  a  small business  customer 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 energy 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 non-payment of water rents, rates or charges 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"). Water-works corporations  shall  have  a  duty  to restore  service, to the extent not already required under this chapter, to any residential or small business customer within  forty-eight  hours if  such service has been terminated during the pendency of the COVID-19 state of emergency.   * NB Repealed July 1, 2022   * 9. 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 water-works corporation shall terminate or disconnect the service  of  a  residential  or  small business   customer   account  because  of  defaulted  deferred  payment agreements or arrears owed to  the  water-works  corporation  when  such customer  has experienced a change in financial circumstances due to the COVID-19  state  of  emergency  as  defined  by  the   department.   The water-works corporation shall provide such residential or small business customer  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.   * NB Repealed July 1, 2022   * 10.   Every   water-works   corporation   shall  provide  notice  to residential 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   * 11.  Implementation  of  the  provisions  of  this section shall not prohibit a water-works corporation  from  recovering  lost  or  deferred revenues after either the lifting or expiration of the COVID-19 state of emergency  or  December thirty-first, two thousand twenty-one, whichever is earlier, pursuant to such means for recovery as are provided  for  in this  chapter,  and by means not inconsistent with any of the provisions of this article. Nothing in this section shall  prohibit  a  water-works corporation  from  disconnecting service when it is necessary to protect the health and safety of customers and the public.   * NB Repealed July 1, 2022   * 12. The public  service  commission  shall  have  the  authority  to adjudicate  complaints  and conduct investigations for violation of this section in the manner provided by the provisions  of  this  article  and shall  have  the  authority to enforce the provisions of this section in accordance with section twenty-six of this chapter.   * NB There are 2 sb 12's   * NB Repealed July 1, 2022   * 12. (a) Every water-works corporation shall provide customers with a convenient option to request that the water-works corporation use  their preferred  name  and/or  preferred  pronouns  in  all  written  or  oral communications between the water-works corporation and the customer,  as well  as  all statements or documentation relating to a customer's water  service, regardless of whether such customer's  preferred  name  differs from their current legal name.  (b)  If  a  customer's preferred name differs from their current legal name, a water-works corporation may require  such  customer  to  provide reasonable  proof of identity using their legal name, provided that such information shall be used solely to verify the  customer's  identity  or for other purposes required by law.  (c) No water-works corporation shall:  (i)  willfully  and repeatedly fail to use a customer's preferred name and/or preferred pronouns after being clearly informed of the  preferred name  and/or  preferred  pronouns  pursuant  to  paragraph  (a)  of this subdivision; or  (ii) require a customer to specify their sexual orientation or  gender identity  or  expression  in  order  to  use their preferred name and/or preferred pronouns.   * NB There are 2 sb 12's   * NB Effective December 16, 2021