2023 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.