Village of Scarsdale et al - Notice of Public Comment Hearing

Jul 08, 2025

02:00 PM - 03:00 PM

Online / Virtual

Top Village of Scarsdale et al - Notice of Public Comment Hearing

Session Registration https://meetny-gov.webex.com/weblink/register/r05cfe492e7647c31e6a8c8e55d787e52

NOTICE OF PUBLIC COMMENT HEARING

Petitioners: Village of Scarsdale, SUEZ Water Westchester, Inc., Westchester Joint Water Works, the City of White Plains, the City of Yonkers, and the Town of Greenburgh (Petitioners/Upstate Communities)

Petitioner’s Attorney: Joel R. Dichter, Esq.

Dichter Law, LLC
483 Cherry Street, Suite 100
Bedford Hills, New York 10507
(212) 593-4202

Description: Pursuant to the Administrative Code of the City of New York § 24-360, Environmental Conservation Law of the State of New York (ECL) article 15, title 15, and title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 603 (Application for Fixation of Water Rates), Petitioners filed joint petitions dated September 29, 2022, January 4, 2024, and April 30, 2025, requesting a review of the rates charged by the City of New York Water Board (the Water Board) to customers located outside New York City who take water from the City’s water supply system.

In the September 29, 2022, joint petition, Petitioners seek administrative review of the water rates effective July 1, 2022 (FY 2023). The Water Board set the upstate rate for entitlement water at $2,083.48 per million gallons (per MG), and the upstate rate for excess water at $5,617.46 per MG;
In the January 4, 2024, joint petition, Petitioners seek administrative review of the water rates effective July 1, 2023 (FY 2024). The Water Board set the upstate rate for entitlement water at $2,224.32 per MG, and the upstate rate for excess water at $5,865.75 per MG; and
In the April 30, 2025, joint petition, Petitioners seek administrative review of the water rates effective July 1, 2024 (FY 2025). The Water Board set the upstate rate for entitlement water at $2,264.80 per MG, and the upstate rate for excess water at $6,364.34 per MG.

Public Comment Hearing: Two (2) legislative public comment hearings will be held pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public. The first session will be held on July 8, 2025, at 2:00 pm. The second session, also being held on July 8, 2025, will begin at 6:00 p.m. The hearings will be conducted electronically through the Webex webinar platform. Instructions for participating in and attending the webinar are provided below.

All persons, organizations, corporations, or government agencies are invited to attend the hearing and comment on the Petitioners’ request to review the Water Board’s upstate water rates. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The Administrative Law Judges (ALJs) may limit the time available for oral comments to 3 minutes per person, depending on the number of people who wish to speak, to ensure that all persons have an opportunity to be heard. Because the hearing is being conducted by electronic webinar, it is reasonably accessible to persons with a mobility impairment.

Interpreter Services: Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request.

Requests for interpreter services must be submitted by July 1, 2025, and directed to the NYSDEC Office of Communication Services by mail, telephone or email at,

By Mail: NYSDEC, Division of Communication, Education and Engagement

625 Broadway, Albany, New York 12233-4500

By Telephone: (518) 402-8044

By e-mail: [email protected].

Written Public Comments: Written comments concerning the Petitioners’ request to review the Water Board’s upstate water rates must be postmarked by July 8, 2025, and mailed to;

Administrative Law Judges Timothy M. MacPherson and Daniel P. O’Connell

DEC Office of Hearings and Mediation Services

1^st Floor, 625 Broadway, Albany, New York, 12233-1550

Written comments may also be submitted to the ALJs by email at [email protected] by 5:00 p.m. on July 8, 2025.

Written statements will be considered equally with oral statements given at the legislative public comment hearing, provided they are postmarked by July 8, 2025, or emailed by 5:00 p.m. on that date.

Document Availability: The following pertinent Water Board rate reports are available on-line:

Report on the Cost of Supplying Water to Upstate Customers for the 2023 Rate Year

https://www.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2023-upstate-rate-report.pdf

Report on the Cost of Supplying Water to Upstate Customers for the 2024 Rate Year

https://www.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2024-upstate-rate-report.pdf

Report on the Cost of Supplying Water to Upstate Customers for the 2025 Rate Year

https://www.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2025-upstate-rate-report.pdf

Applicable Statutory and Regulatory Provisions: Administrative Code of the City of New York Water Supply Act § 24-360 (Water Supply Act); Public Authorities Law § 1045-a et seq.; Environmental Conservation Law (ECL) article 3, title 3 (General Functions); and article 15, title 15 (Water Supply). Also, title 6 of the Official Compilations of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 603 (Applications for Fixation of Water Rates); and part 624 (Permit Hearing Procedures).

Instructions for Attending the Public Comment Hearing:

Any person wishing to provide a public statement must register in advance of the hearing no later than 1:00 p.m. on July 5, 2025. Registration can be done electronically or by telephone. The directions follow.

To Register Electronically: Fill in the requested information at one of the following;

For the 2:00 pm session:

https://meetny-gov.webex.com/weblink/register/r05cfe492e7647c31e6a8c8e55d787e52

For the 6:00 pm session go to:

https://meetny-gov.webex.com/weblink/register/r05d6a6a60e2dd3de27af8820ee08aefe

You will be asked whether you wish to make a public statement. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.

To Register by Telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Office of Hearings and Mediation Services at 518-402-9003 no later than 1:00 p.m. on July 5, 2025. Please provide your first and last name, address, email address if any, and telephone number and reference the Upstate Water Rate public comment hearing.

On July 8, 2025, all participants will be muted upon entry into the public comment hearing. The ALJs will call each person who has registered to speak. The ALJs will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. The ALJs may limit the time available for oral comments to 3 minutes per person, as necessary to afford all participants an opportunity to be heard. Speakers should summarize lengthy comments for oral presentation and submit their detailed comments in writing as provided above. The hearing will be stenographically recorded for inclusion in the record.

Additional ways to join the hearing:

For the July 8, 2025, 2 pm session

Join from the webinar link

https://meetny-gov.webex.com/meetny-gov/j.php?MTID=m1ee2c30affd37e62197aaf9e8e8bdec6

Join by the webinar number

Webinar number (access code): 2818 395 5371

Webinar password: Welcome1 (93526631 when dialing from a phone or video system)

Tap to join from a mobile device (attendees only)

+1-929-251-9612,,28183955371#93526631# United States Toll (New York City)

+1-415-527-5035,,28183955371#93526631# United States Toll

Some mobile devices may ask attendees to enter a numeric password.

Join by phone