S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2488
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN ACT to amend the public service law, in relation to providing a judi-
   cial remedy to resolve complaints related to utility bills

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 66 of the public service  law,  as
 amended  by  chapter  134  of  the  laws  of 1921, is amended to read as
 follows:
   5. Examine all persons,  corporations  and  municipalities  under  its
 supervision  and keep informed as to the methods, practices, regulations
 and property employed by them in  the  transaction  of  their  business.
 Whenever  the  commission  shall be of opinion, after a hearing had upon
 its own motion or upon complaint, that the rates, charges or classifica-
 tions or the acts or regulations of  any  such  person,  corporation  or
 municipality are unjust, unreasonable, unjustly discriminatory or unduly
 preferential  or  in  anywise  in violation of any provision of law, the
 commission shall determine and prescribe in the manner provided  by  and
 subject to the provisions of section seventy-two of this [chapter] ARTI-
 CLE the just and reasonable rates, charges and classifications thereaft-
 er to be in force for the service to be furnished notwithstanding that a
 higher or lower rate or charge has heretofore been prescribed by general
 or  special  statute,  contract,  grant, franchise condition, consent or
 other agreement, and the just and reasonable acts and regulations to  be
 done  and  observed;  and  whenever  the commission shall be of opinion,
 after a hearing had upon its own motion  or  upon  complaint,  that  the
 property,  equipment  or  appliances  of any such person, corporation or
 municipality are unsafe, inefficient or inadequate, the commission shall
 determine and prescribe  the  safe,  efficient  and  adequate  property,
 equipment  and appliances thereafter to be used, maintained and operated
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02153-01-3
              

 S. 2488                             2
 
 for the security and accommodation of the public and in compliance  with
 the  provisions  of  law  and of their franchises and charters. NOTWITH-
 STANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, A CUSTOMER
 OF  ANY  GAS CORPORATION, ELECTRIC CORPORATION, STEAM CORPORATION OR ANY
 COMBINATION THEREOF, OR A CUSTOMER OF  ANY  OTHER  PERSON,  COMPANY,  OR
 CORPORATION  PROVIDING  ELECTRICITY,  STEAM  OR GAS SERVICE TO CUSTOMERS
 MAY, PRIOR TO, OR IN LIEU OF, THE COMMENCEMENT OF AN INFORMAL HEARING OR
 INFORMAL REVIEW PURSUANT TO 16  NYCRR  12.5,  OR  BEFORE  COMMENCING  AN
 ACTION  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
 RULES FOLLOWING A FORMAL REGULATORY BODY DECISION,  COMMENCE  AN  ACTION
 UNDER  ANY  LEGAL  THEORY  AGAINST ANY PARTY OR REGULATORY BODY, FOR ANY
 CLAIMS IN ANY COURT OF COMPETENT  JURISDICTION  TO  ENFORCE  ANY  RIGHTS
 PROVIDED TO SUCH CUSTOMER. ANY COURT OF COMPETENT JURISDICTION REVIEWING
 ANY  SUCH  CLAIMS  SHALL  NOT BE REQUIRED TO DEFER TO A REGULATORY BODY.
 SUCH ACTION SHALL ONLY BE COMMENCED WHEN THE ALLEGED AMOUNT  OF  DAMAGES
 IN  CONTROVERSY EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, INDIVIDUALLY OR IN
 THE AGGREGATE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.