N.Y. Public Service Law § 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.

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.