Water Watch NYC

Everything you need to know about water in NYC.


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NYC Water Board Approves 2.36% Rate Increase

This morning the New York City Water Board held a meeting to approve the 2.36% water rate increase, effective on July 1, 2018.  This is the first rate increase in three years, but also the lowest proposed increase in 15 years.

In the preceding weeks, public hearings have been held in each borough for citizens to raise comments and concern.  Alfonso L. Carney Jr., chair of the board, noted that public attendance at these hearings was light and attributed this to the assumption that the proposed rate increase must not be troubling.  He acknowledged the points brought up by the few who did participate in the hearing process, and encouraged more concerned citizens to do so in the future.  Some substantive points made at these hearings were:

  • The DEP should establish a system to bill separately for water and stormwater, such that costs are split equitably among rate payers.  Board member Adam Freed spoke up in favor of this suggestion, noting that this will be more feasible when the update underway to the DEP billing system is complete.  He commended groups like the SWIM Coalition for their advocacy in this area, and is personally pushing for stormwater charges that incentivize green infrastructure installation (hopefully, more successfully then the Parking Lot Stormwater Pilot Program!)
  • There is widespread support of the Multifamily Assistance Program, which has a cap at $10 million.  It was suggested that the cap be doubled to $20 million by an unnamed opponent of the rate increase.  While the board acknowledged this opinion, all they can do is keep this in mind for next year.  Meanwhile, the new rate schedule altered the way this cap is administered.  While the program once operated on a first-come first-serve basis, going forward assistance will be granted based on need.  Need is assessed by NYC HPD from a metric based on median income and rent.
  • Dov Vinar of Ashokan Water Services (that’s us!) raised concern about amendments to the Innocent Purchaser clause which implements a firm 30-day limit on the process.  His concern is that the shortened time frame will potentially leave people exposed to ending up with bills from the previous owner.  The water board will not address this issue.
  • Dov also argued that a two-year expiration on Letters of Authorization is too short because appeals are often lengthy.  Here, we saw the sole immediate success of the public hearing process!  An amendment has been made such that LOAs are good for three years, or a time period at the discretion of the contracted party and the rate payer.

The amended resolution was approved and passed unanimously.

Allegra Miccio


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We went to the January 2018 NYC Water Board Meeting so you didn’t have to

Public hearings can be long and tedious.  The process is boring, and attendance tends to be low.  Such is the case with the New York City Water Board’s public hearing.  However, these meetings have huge implications for water costs in New York City, so representatives from Ashokan Water Services (that’s us!) went to represent the interests of New York City water consumers and bill payers.  On Friday, January 26, 2018 the New York City Water Board held a public hearing at 8:30am followed by a meeting at 9:30am.  The issues on the table were whether to repeal the 2.1% increase to water and sewer rates allowed under the December 19, 2017 decision of Prometheus Realty Corp vs. New York City Water Board, and whether to extend the deadline to comply with the terms of the Multifamily Conservation Program to December 31, 2018.

In the Prometheus case, the Water Board was accused of unfairly implementing the 2.1% rate increase and issuing a $183 tax credit to only a certain tax class.  To address the rate increase issue of the Prometheus decision, the Water Board hired Amawalk Consulting Group to assess their revenues and financial standing.  Their findings showed that the Water Board is in good financial standing. This means that the 2.1% water rate increase is not necessary to fund the FY2018 budget, and that water and wastewater fees are reasonable as they currently stand.  Although no rate increases are being adopted at the moment, the board will meet again in April with a rate proposal for FY2019.

A representative spoke on behalf of the Rent Stabilization Association, commending the decision to repeal the rate increase.  He also suggested that all tax-classes should be considered to receive credit, for there was no basis upon which one tax class should be singled out.  He advocated for a full elimination of the $183 rebate, and in favor of continued rate freezes.  He expressed belief that the Multifamily Conservation Program (MCP) should be expanded to include additional buildings willing to meet the qualifications.  The current eligibility base is too small for substantial water conservation in the city to be realized- a belief that we share here at Ashokan Water Services. (Check out more of our opinions on the matter here!)

The 2017 Water Rate Schedule stated that properties that did not provide evidence of MCP compliance would receive a penalty charge of 10% of their bill.  Compliance includes the property having four or more units, wireless meter reading devices, and proof that conservation efforts are being made such that water consumption decreases.  However, the penalty was never assessed since its proposal a year ago, even though approximately 10,000 properties have not provided evidence of compliance dating back to 2012.  At this meeting, the board proposed to extend the compliance deadline to December of 2018.  To implement this, the Department of Environmental Protection claims that they will “immediately begin enhanced outreach and engagement with the affected properties.”

However, no insight was provided as to how the DEP will do this.  Representing Ashokan Water Services, Hershel Weiss voiced his concerns at the public hearing.  Our main qualm is that MCP regulations have not been enforced in the past, so no one complied with the guidelines.  Albeit, these process guidelines are still unclear, and no one understands who has to submit applications.  Our request (which Hershel has voiced at approximately 14 different Water Board public hearings over the years) is simple- the Water Board must write a clear directive stating specific guidelines, a checklist for compliance, and who needs to submit applications.

The Water Board assured everyone at the hearing that they would take all comments and concerns into consideration.  “We don’t come predisposed,” said Alfonso Carney, the chair of the Water Board, “we will use what the members of the public say.”  This sentiment is expressed at every meeting, and nothing substantial comes of it.  We did not expect this meeting to yield different results, but our fingers are crossed nonetheless.

The Water Board with reconvene in a few months.  Updates regarding their public hearings and meetings can be found here.

Allegra Miccio


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Alfonso Carney Chairs Water Board Hearing — June 16th, 2017

Alfonso Carney
Alfonso Carney chairs water board meeting at which Hershel Weiss presented the following testimony:

“Hershel Weiss, President of Ashokan Water Services, Inc., which represents the owners of 8,500 buildings in NYC, who look to Ashokan for water conservation, bill monitoring and guidance through Water Board/DEP’s regulations.

  1. We object to the 2 items on today’s agenda. The NYC Water Board/DEP has done an excellent job of providing water and sewer service while keeping charges lower by sticking to its mission and only spending the money paid by its customers to actually provide and maintain water & sewer infrastructure etc, and by not diverting that money to anything outside its charter and purpose, such as pet causes of politicians.  Think of the way the Port Authority builds skyscrapers with the toll money that is supposed to maintain bridges and tunnels which are now falling into disrepair while there is nothing left in the till to pay for their maintenance.  If the Water Board is permitted to follow in the footsteps of such outfits and divert the money paid by customers for water/sewer use, soon the WB/DEP will just be another handy, cash-cow for politicians.  The infrastructure will suffer, funds will dwindle, and charges will skyrocket because customers will not just be paying for water and sewer use, but also to support pork-barrel handouts to whomever it pleases our City fathers to hand them out to.  We therefore strongly oppose the proposed giveaways on today’s agenda and demand the Water Board use any surplus monies—which are really easy enough to spend—on projects to provide water and sewer service to its customers.
  2. This brings me to a directly related matter. The storm-water fees the DEP charges parking lots were instituted as a ‘pilot-program’, meaning it was supposed to be a temporary experiment whereby the Water Board would study the benefits of such a program and its effects on storm-water conservation.  A report with findings was supposed to be generated, from which would arise either a recommendation to maintain or modify the program subject to approval in the usual manner, or else the program would be dropped.  Where is the report and what are the findings?  Why is the program still in effect?  If the DEP cannot support it with evidence from the experts who were supposed to monitor this study and get it approved at a hearing, it must be dropped.
  3. We also need clarification on the matter of compliance with MCP requirements. The DEP has not been enforcing the deadlines in effect under the Rate Schedule—we know it was the DEP’s intent last year to extend them, but the Court struck the proposed rate schedule and ordered the previous years’ to remain in effect.  Under its terms, the grace period for Automatically Enrolled properties to install DEP approved meters and AMR devices, and/or the required, high efficiency fixtures, expired on June 30, 2016, and these properties were to have been converted to Attributed Consumption Charges or metered billing.  Yet the DEP has not enforced this deadline, to our knowledge.  This has left your customers confused as to what the requirements truly are, and we request you state what they are in an official memo.
  4. Likewise, there is no consistent rule as to whether an MCP applicant with a mixed use building is required to separately meter the commercial portions with a downstream, BP meter, or by splitting the main. The rate schedule does not specify which is required.  The DEP has variously required the split or permitted the downstream BPs, and without any application for a variance.

    On this matter, we again request you state what rule is in an official memo.”

 

 


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Mayor de Blasio Assigns DEP Acting Commissioner

imageMayor de Blasio appointed Vincent Sapienza as acting Department of Environmental Protection Commissioner earlier this month to replace the departing Emily Lloyd. Sapienza has been dragged to the front row as a figurehead representing the DEP after maintaining a non-political post in charge of the DEP’s infrastructure.

The boots Sapienza will be stepping into will no doubt be muddy. Emily Lloyd left behind a number of major challenges that need to be addressed immediately.

The first challenge is the absence of the water rate increase. For the first time since 1995, the water rate increase was revoked by court.   How will the Water Board balance its budget if New York City citizens won’t be charged more for water? This is great news for the people but what will happen to the dynamics of political funds?

Another challenge Sapienza will duel with are concerns the Multi-family Conservation Program (MCP) applications. MCP allows flat-rate billing of water bills for buildings with four or more apartments. The MCP program can help save water but thousands of MCP applications are backed up and the MCP guidelines are being ignored. Is the DEP withholding from processing these applications because they know they will lose money?

These problems presented require a permanent commissioner, not from an acting commissioner.  I strongly urge Mayor de Blasio to appoint Vincent Sapienza to be the permanent DEP commissioner so these issues can be dealt with. This is a time of crisis for the DEP, the DEP’s reputation and trust from the people are at stake and we need someone with a firm grip on the steering wheel, not an acting commissioner.

 


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Victory for Taxpayers of New York

Just short of a week ago, Supreme Justice Carol Edmead voided the Water Board and City Hall’s authority to impose a water rate hike for this year as well as terminated the program to reimburse small homeowners on their water bill credit.

Citing unfair and preferential distribution of funds, the city of New York and the Water Board were stopped in their tracks by the people of New York.

Thanks should be given to Joseph Strasburg of the Rent Stabilization Association who fought against City Hall and the Water Board for this win for the people of New York.

Further applause should be given to Justice Edmead who is protecting the taxpayers of New York and our fragile water system from the greedy hands of politicians.


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Supreme Justice Shuts Down City Water Hike

On Monday, Supreme Court Justice Carol Edmead declared that NYC Water Board will not have the authority to raise the water rate for fiscal year 2017. This motion froze and voided the Water Board’s authority to raise the cost of water by 2.1% and eliminates de Blasio’s homeowners’ water credit reimbursement program.

Immediately following the decision, the City has decided to appeal this order.

The judge’s final decision came after retaliation from Rent Stabilization Association members and various landlords who ordered that the actions of the Water Board and City Hall were inequitable. The water credit program favored small homeowners and excluded apartment, property, co-op, and condo owners.

According to court papers, Justice Edmead decided that the reimbursement program violated and surpassed the boundaries of the Water Board’s authority.

 

 


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De Blasio Proposes One-Time Water Bill Credit for All Small NYC Homeowners

Dressed in an ash grey suit with a periwinkle tie, Mayor Bill de Blasio exclaimed, “Today we are righting (sic) a wrong”.  Back in late April in Bay Ridge, Mayor de Blasio developed a plan for New York City homeowners to save money on their water bills by having the city present a one-time water credit to all homeowners within the five boroughs.

“This is part of an overall effort to address the needs of everyday working people all over the city to make sure that what city does is fair,” proclaimed de Blasio.

The push for this proposal was de Blasio’s belief that homeowners within the five boroughs were paying too much for their water bills. Backed by the Department of Environmental Protection’s Commissioner Emily Lloyd, de Blasio proposed a $183 one-time water bill credit to all homeowners with one to three family units within the five boroughs.

According to de Blasio, the proposed bill would cover about 664,000 homeowners for the summer. The 664,000 homeowners make up about 80 percent of all water bill accounts. With this one-time bill credit, homeowners can save 17 to 40 percent on their annual water bill.

Seniors who make up 120,000 of the total amount of homeowners residing in the city will also benefit greatly from an additional bill credit.

“This action we are announcing today will save homeowners across all five boroughs a total of 82 million dollars in fiscal year 2016, the fiscal year we are in right now. Eighty-two million,” said de Blasio.

According to the DEP, this credit program has already passed water board committee members and will be in effect as of July 1st. This is the first step in a series of changes the mayor is attempting to put into effect for water use policies.