State Codes and Statutes

Statutes > New-york > Pbs > Article-4-b > 89-b

§ 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 theautomatic 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.    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.

State Codes and Statutes

Statutes > New-york > Pbs > Article-4-b > 89-b

§ 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 theautomatic 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.    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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbs > Article-4-b > 89-b

§ 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 theautomatic 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.    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.