The Coalition for Water Bill Justice

The Coalition for Water Bill Justice is a grassroots organization created to advocate fair billing practices for New York City water customers.

"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed it is the only thing that ever has." -- Margaret Mead

Fight For Your Rights - Join the Coalition for Water Bill Justice!
In recent years, the New York City Water Board and the NYC Department of Environmental Protection (DEP)--two of the authorities that manage the city's drinking water supply and sewer system--have enacted several unfair, anti-consumer billing policies. Whether a private homeowner or a tenant, you, as a city resident, are affected by these policies! Full Story

State Assembly Unanimously Passes Colton Bill 148-0 to Reinstate Six-Year Grievance Period for Overcharged City Water Customers; Consumers Awaiting Introduction of Senate Same-As Legislation
Albany, May 18, 2005 -- The State Assembly passed a bill (A.7065) to restore a six-year complaint-filing period for NYC customers to challenge overcharged water and sewer bills. The measure’s 148-0 passage marks an important victory for many city business and property owners, grassroots activists, and public officials. The bill was sponsored by Assemblyman William Colton (D-Brooklyn) and co-sponsored by Assembly Members Lavelle, Robinson, Seddio, Cymbrowitz, and Lopez. Unfortunately for consumers, the Senate does not have any same-as legislation pending. Full Story

NYC Water Board Announces 6.5% Proposed Increase for FY 2004; Anticipates Over 9% Increases For Each Of The Following Four Years
New York, March 31, 2003 -- At today's NYC Water Board meeting, it was announced that the board would be voting on a proposed 6.5% increase in water and sewer rates, effective July 1, 2003. Several other policy changes were also announced. For a summary of the the proposed changes, as well as the schedule of the hearings to testify, Click Here.

WBJ Chairman Testifies during 2002 Public Hearing on Four-Year Grievance Period
New York, April 18, 2002 -- Michael Lockhart, Chairman of the Coalition for Water Bill Justice, testified in front of the Water Board to voice out his concerns on different water bill issues affecting consumers, including the four-year grievance period. To view a copy of his speech, Click Here.

Six-Year Grievance Period Bill Passes Senate, Awaiting Gov. Pataki’s Approval
ALBANY, August 20, 2001 -- The New York State Senate unanimously passed a bill (S.2292) to restore a six-year complaint-filing period for NYC consumers to challenge overcharged water bills. The bill, sponsored by Senator Serphin Maltese (R-Queens), passed 55-0. Full Story

NYC Water Board Proposes New Charge For Apartments With Washing Machines; Affected Apartment Buildings Subject to 18.3% Increase!
New York, May 28, 2005 – The NYC Water Board has proposed adding a new frontage charge for buildings with washing machines located inside apartments. If passed, the new charge will take effect on July 1, 2005, and be $68.56 annually for combined water and wastewater use ($26.47 for water and $42.09 for wastewater). Under this new plan, affected apartment buildings would see their water and wastewater charges rise by 18.3% for ‘walk-up apartments’ and 16.5% for ‘elevator apartments’.

According to their 2005 “blue book” on page 12: “Laundry Rate: The board will establish an additional fixed-rate charge for a clothes washing machine located within an individual apartment. The Rate Schedule currently provides a fixed-rate charge for all clothes washing machines of $134.76 per annum. This charge does not differentiate between machines located within an apartment or those in a common area. In recognition that a washing machine located within an apartment will be used less than one in a common area, the Board is proposing a fixed-rate of $26.47 per annum[1] for washing machines within an individual apartment. This charge will be prospective only from the date of adoption, July 1, 2005, forward.”

Historically DEP has only charged for common area (coin-operated) washing machines at the rate of $349.03 annually for combined water and wastewater use ($134.76 for water and $214.27 for wastewater), even though the Rate Schedule does not differentiate between machines located within an apartment or those in a common area. However, since $349.03 annually amounts to 84 HCF, or 63,000 gallons, and washing machines use between 20-55 gallons per load[2], and this equates to between 27 and 61 loads of wash per week, this shows the current rate was never intended for individual apartments but instead for common area use.

The Coalition For Water Bill Justice is strongly opposed to this change for the following reasons:

The Coalition For Water Bill Justice urges the NYC DEP to stay out of people’s apartments!

[1] Since sewer charges are 159% of the water rate, the associated sewer charge will be $42.09, for a total of $68.55 per washing machine.

[2] DEP’s “Water Use Fact Sheet” located at http://www.nyc.gov/html/dep/html/wateruse.html indicates:

A Water-efficient washing machines use: 20 - 25 gallons per load
A compact washing machine uses: 32 gallons per load
A standard domestic washing machine uses: 45 - 55 gallons per load

[3] FY 2005 Dwelling Unit Charge is $199.79 for combined water and wastewater. ($77.14 for water and $122.65 for sewer). Assuming a 3% increase, FY 2005 Dwelling unit will be $205.79.

NYC Water Board Proposes Policy Change To Block Overcharged Frontage Customers From Getting Refunds; Move Criticized As Unlawful And Anti-Consumer
New York, April 30, 2004 – The NYC Water Board will be voting on a controversial policy change that many are calling both illegal and anti-consumer. On May 7^th, the board will decide whether to approve a policy that disallows overcharged frontage customers from receiving up to four years of refunds. The proposal has sparked an outcry by homeowners, landlords, citizen groups, trade associations and elected officials to try to stop the Water Board from approving the unlawful change.

State law mandates that the Water Board allow all overcharged consumers up to four years to recoup their money. However, the Board’s intended policy change blatantly defies state law and will instead only allow frontage customers billing adjustments prospectively, from the date of “notification and confirmation by DEP.”

Dozens of people have formally testified, or submitted written testimony, at the recent Water Board hearings where the proposal was discussed. Among those who have testified against the Water Board’s planned move, Councilman James F. Gennaro (D-Queens) called the policy “inconsistent with New York State Law.” (Click here for Councilman Gennaro’s Testimony). State Assembly Member James F. Brennan (D-Brooklyn), in a letter to Mayor Bloomberg and Water Board Executive Director David Tweedy, wrote “Your proposal is illegal and must be withdrawn.” (Click here for Assembly Member Brennan’s testimony). WBJ Chairman Michael Lockhart testified at the hearings and assured a “far-reaching investigation into DEP’s unlawful and anti-consumer practices,” should the policy change be approved. (Click here for Lockhart’s testimony).

Not surprisingly, the proposal received unanimous opposition by all persons testifying at the Water Board hearings, but despite this pressure, the Board historically rubber-stamps policy change proposals even when they have been seen as anti-consumer. What makes this proposal vastly different, however, is the fact that it is viewed as patently illegal. Many experts believe that Board would be putting their bond rating in jeopardy, should they be seen as a reckless law-breaking authority.

Incidentally, the board has placed no restrictions on its ability to back bill undercharged frontage customers.

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State Assembly Passes Colton Bill 148-0 to Reinstate Six-Year Grievance Period for Overcharged City Water Customers; Consumers Eagerly Awaiting Senate Passage of Marchi Same-As Legislation
Albany, March 8, 2004 -- The State Assembly unanimously passed a bill (A.1072) to restore a six-year complaint-filing period for NYC customers to challenge overcharged water and sewer bills. The measure’s 148-0 passage marks an important victory for many city business and property owners, grassroots activists, and public officials. The bill was sponsored by Assemblyman William Colton (D-Brooklyn). A “same as” measure (S. 4479) sponsored by Sen. John Marchi (R-Staten Island) is still pending in the State Senate.

Michael Lockhart, Chairman of the Coalition for Water Bill Justice, praised the Assembly for passing the bill and stated, “I commend Assemblyman Colton for taking the initiative to carry this pro-consumer legislation and making it a priority. He is a genuine leader that is truly doing the job that his constituents sent him to Albany to do. All NYC water customers should be grateful to Bill Colton and the Assembly for standing up for them.”

It is now up to the Senate to pass the Marchi same-as legislation, which is currently in the Corporations Committee chaired by Senator Liebell (R-Brewster). There is growing confidence that Senator Marchi will be successful in getting the bill pushed through the Senate and into the hands of Governor Pataki once again. Supporters of the bill are optimistic that Governor Pataki will ultimately stand firm on the side of consumers and business owners this time around and ignore whimpering opposition from the NYC Water Board and DEP, primarily due to local support of the NYC Council that had been lacking in 2001.

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Councilman Gennaro Introduces Resolution To Reinstate Six-Year Complaint Period For Overcharged Water Customers
New York, April 9, 2003 -- Councilman James F. Gennaro (D-Queens) introduced a resolution (Res. No. 794) calling upon the NYC Water Board to reinstate a six-year timeframe for overcharged New York City consumers to challenge erroneous Department of Environmental Protection (DEP) water bills. The current grievance timeframe for overcharged consumers is currently four years.

Councilman James Gennaro, who chairs the Committee on Environmental Protection, commented, "This is a straightforward consumer rights issue and I'm proud to support it. NYC consumers and businesses should have the same rights to challenge overcharges on their water bills, as they do with their gas, electric and telephone bills. If Con Edison, Brooklyn Union and Keyspan are required to allow their customers up to six years to contest erroneous utility charges, than so should DEP. There is no justification for anything less."

Councilman Gennaro further added, "Consumers deserve a chance to review and challenge a bill after an error has been discovered. Consumers should not be forced to pay for the City's mistake. Period."

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Pataki Reneges on Water Legislation, Signs Compromise
ALBANY, November 13, 2001 -- Governor George Pataki passed into law a bill that establishes four years as the time period for NYC water customers to file grievances about erroneous bills issued by the DEP. Just three weeks earlier, Pataki had signed a bill extending the grievance period from two years to six years.

This legislative maneuvering was apparently a concession by Pataki to Mayor Giuliani, who fears financial losses if DEP is forced to refund money for water bill overcharges. "Just when the Governor appeared to be on the side of consumers, he has forged a backroom deal that undermines the progress we have made on this issue," said Michael Lockhart, Chairman of the Coalition for Water Bill Justice. "This kind of legislation sets a dangerous precedent for other utility companies in New York State to follow. We are appalled that the Governor has effectively granted DEP a license to cheat water customers."

It is particularly ironic that the legislation singles out New York water customers for a reduced grievance period, since DEP customers have suffered disproportionately from a mismanaged water billing system.

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Gov. Pataki Receives Water Bill Legislation. Supporters Optimistic He Will Sign

ALBANY, October 11, 2001 -- Legislation has been delivered to Gov. Pataki for approval that would restore a six-year complaint-filing period for NYC consumers to challenge errant water bills. The bill, A.7250 / S. 2292, was sponsored by Assemblyman Peter J. Abbate Jr. (D-Brooklyn) and Senator Serphin Maltese (R-Queens), and passed unanimously in both houses in August.

“We are confident that Gov. Pataki will make the right decision and sign this pro-consumer piece of legislation into law,” said Michael Lockhart, Chairman of the Coalition for Water Bill Justice. “This will allow thousands of overcharged DEP customers to collect the money that is rightfully theirs.”

Similar legislation was passed by the NYS Legislature and vetoed by Gov. Pataki in 1999. A combination of changes made in the bill to address the concerns the Governor, unanimous support by the Senate and Assembly, support from all of New York City’s Democratic mayoral candidates and support from a number of consumer rights groups should improve it chances of approval. Furthermore, recent statistics released by the DEP confirm that there are an alarming number of broken meters and outstanding work orders in New York that lead to inaccurate water bills.

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Six-Year Grievance Period Bill Passes Senate, Awaiting Gov. Pataki’s Approval

ALBANY August 20, 2001 -- The New York State Senate unanimously passed a bill (S.2292) to restore a six-year complaint-filing period for NYC consumers to challenge overcharged water bills. The bill, sponsored by Senator Serphin Maltese (R-Queens), passed 55-0. A “same as” measure was introduced by Assemblyman Peter Abbate (D-Brooklyn) in the Assembly and passed 144-0 on June 25th. The bill will be delivered to Governor George Pataki sometime before the end of December 2001 for final approval.

If Gov. Pataki approves this legislation, it will overturn a 1999 city Water Board decision to reduce the Department of Environmental Protection’s (DEP) customer grievance period from six to just two years from an erroneous bill’s issue date. This regulation was initially passed by the Water Board despite opposition by the majority of the NYS Assembly and Senate, City Council, the state Consumer Protection Board, the Office of the Public Advocate, and a diverse group of citizens and businesses.

“This is a great victory for New York City consumers,” said Michael Lockhart, Chairman of the Coalition for Water Bill Justice. “This legislation will force the DEP to reduce billing complaints by reducing billing problems -- not by prohibiting customers from making complaints.”

Similar legislation was passed by the NYS Legislature and vetoed by Gov. Pataki in 1999. A combination of changes made in the bill to address the concerns the Governor, unanimous support by the Senate and Assembly, support from all of New York City’s Democratic mayoral candidates and support from a number of consumer rights groups should improve it chances of approval. Furthermore, recent statistics released by the DEP confirm that there are an alarming number of broken meters and outstanding work orders in New York that lead to inaccurate water bills.
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Coalition Chairman Michael Lockhart meets with NYS Assemblyman Peter J. Abbate Jr. of Brooklyn, sponsor of legislation restoring a six-year complaint timeframe for overcharged NYC water.

New York State Assembly Unanimously Passes Bill To Reinstate Six-Year Grievance Period for Overcharged City Water Customers

ALBANY, August 6, 2001 -- In a strong showing of bi-partisan support, the New York State Assembly approved a bill on June 25th to restore a six-year period that New York City water customers can file a claim for an errant water charge by a vote of 144-0. The bill (A.7250), introduced and sponsored by Assemblyman Peter J. Abbate Jr. (D-Brooklyn), marks a victory for many of the city’s business and property owners.

A “same as” measure (S. 2292) was introduced by Sen. Serphin Maltese (R-Queens) in the Senate. The bill is currently in the rules committee presided by Senate Majority Leader Joseph Bruno (R-Saratoga). According to Senator’s Bruno’s office the bill may be voted on in September when the Senate convenes again.

If the bill passes the Senate, it will be sent to New York Governor George Pataki for approval. Pataki vetoed similar legislation in 1999 at the request of New York City Mayor Rudolph Giuliani. Political insiders say that the bill has been changed to address the concerns of Gov. Pataki and should improve it chances of approval.
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Maltese and Abbate's "Six-Year" Bill Advances in NYS Legislature; All Eyes Turn to Bruno for Action

ALBANY, June 14, 2001 -- An important consumer protection bill sponsored by Senator Serphin Maltese (R-Queens) and Assemblyman Peter Abbate, Jr. (D-Brooklyn) is expected to win the New York State Legislature's approval in the final days of the 2001 lawmaking session. This bill, S.2292/A.7250, reinstates the right of NYC water customers to challenge billing errors for up to six years. Supported by the Coalition for Water Bill Justice, the measure seeks to overturn a 1999 NYC Water Board ruling that reduced overcharged consumers' six-year complaint-filing period to just two years.

Maltese and Abbate first introduced similar "six-year" legislation in 1999. Their efforts culminated in the bill's passage by both the Senate (56-0) and the Assembly (145-1). Later in 1999, however, Governor Pataki vetoed the popular bill, igniting widespread protest.

The campaign to reinstate the six-year water billing complaint period not only survived Pataki's veto, but intensified in response. In recent weeks, Abbate's 2001 bill smoothly proceeded through its committees, and Senator Maltese formally requested the prioritization of S.2292. All eyes now turn to Senate Majority leader Joseph Bruno for action on Maltese's bill. With each legislative chamber firmly indicating their support of the "six-year" bill, passage is anticipated in the next week. For more on the legislative battle's history, Click Here.
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Fight For Your Rights - Join the Coalition for Water Bill Justice!

The New York City Water Board and the NYC Department of Environmental Protection (DEP)--two of the authorities that manage the city's drinking water supply and sewer system--have enacted several harsh, anti-consumer billing policies. Whether a private homeowner or a tenant, you, as a city resident, are affected by these policies! The Coalition for Water Bill Justice wishes to inform you of unfair DEP and Water Board practices, and to gain your support in the fight to restore the rights of New York City water customers.

New York City water customers have long been plagued with recurrent errors and overcharges in their water bills. Bills on non-existent meters. Residential buildings double billed on both frontage and metered billing. Overlapping billing periods. Wrong meter multipliers. Overestimated bills on broken meters. Bills calculated using incorrect rates. These are just a few of the kinds of billing errors that occur!

In 1999, Larry Schatt, Deputy Commissioner for Department of Environmental Protection (DEP), reacted to mounting complaints by slashing the time frame for consumers to challenge billing errors from six years to only two years. Yes, rather than improving its flawed billing systems, DEP opted to limit consumers from making complaints!

Through ongoing advocacy and lobbying efforts, the Coalition achieved a short-lived success when Governor Pataki signed legislation restoring the six-year grievance period in October 2001. On November 13, 2001, Governor Pataki passed another bill that reduced the six-year to a four-year grievance period, in a legislative move that attempted to appease both consumers and then Mayor Rudy Giuliani. In the end though, the consumers are the ones that are short-changed and the City remained better off with keeping in its purse two-years worth of overcharges on water bills.

How Will This Affect You?
EXAMPLE #1: Suppose you realize that the monthly water bills you have been paying over the past six years were actually for your neighbor's water meter, instead of for your own meter. Under the current DEP rules, you would only receive a refund for the prior four years, even though you were overcharged for six years!

EXAMPLE #2: Suppose your plumber discovers that your water meter has been running 30% fast for the past six years. Under the new DEP rules, you would only receive a refund for the prior four years, even though you were overcharged for six years!

EXAMPLE #3: Suppose you decide to do a review of your past water bills, as a result of receiving inconsistent bills over the past few years. After careful analysis, it turns out that the high series of water bills you had received five years ago were calculated using incorrect rates. Under the new DEP rules, you would be denied your right to any refunds because the bills were more than four years old!

Con Edison and Brooklyn Union Gas, as well as the entire utility industry throughout the United States, allow customers to challenge bills for six years from the issue date. Customers can obtain up to six years worth of refunds, plus interest. However, DEP has reduced this period to only two years (with no interest) because DEP is trying to avoid resolving massive numbers of billing complaints, as well to increase revenues for the benefit of bondholders of the NYC Municipal Water Finance Authority!

DEP should reduce billing complaints by reducing billing problems -- not by prohibiting customers from making complaints! The Coalition for Water Bill Justice was formed to fight back and let DEP know it has no right to keep revenue obtained by overcharging customers.

Since its formation, the Coalition has fought against several additional anti-consumer Water Board and DEP policies. These include, but are not limited to, the discontinuation of water service for unpaid bills, DEP's lack of liability for interest payments on customer refunds, DEP's failure to establish a comprehensive complaint review procedure, and the Water Board's lack of accountability to the public.

The Coalition for Water Bill Justice embraces these issues as well, and has swiftly progressed into a well-rounded crusade for the rectification of these flagrantly anti-consumer, bureaucratic policies. Please add your voice to our cause today, and help us fight unfair water billing practices in New York City.
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