Senate Bill S1314

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1314

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 termination of
  service

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 32 of the public service law is amended by adding
two new subdivisions 7 and 8 to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  AFTER  RECEIPT  BY  A
UTILITY  CORPORATION  OR  MUNICIPALITY OF A WRITTEN NOTICE FROM AN OWNER
THAT RESIDENTIAL GAS OR ELECTRIC SERVICE IS BEING PROVIDED TO  A  TENANT
OF  THE  OWNER  IN A ONE-FAMILY, TWO-FAMILY, THREE-FAMILY OR FOUR-FAMILY
DWELLING, THE UTILITY CORPORATION OR MUNICIPALITY  SHALL  NOT  TERMINATE
RESIDENTIAL GAS OR ELECTRIC HEAT RELATED SERVICE DURING THE COLD WEATHER
PERIODS ESTABLISHED BY THE COMMISSION REGULATIONS TO THAT TENANT:
  (A)  FOR  NON-PAYMENT OF BILLS RENDERED FOR SERVICE UNLESS THE UTILITY
CORPORATION OR MUNICIPALITY, (I) AFTER RECEIPT  OF  NOTIFICATION  BY  AN
OWNER PURSUANT TO THIS SUBDIVISION AFFORDED THAT OWNER AN OPPORTUNITY TO
ASSURE  THE  CONTINUATION OF RESIDENTIAL GAS OR ELECTRIC SERVICE IN THAT
OWNER'S NAME IN THE EVENT OF A SUBSEQUENT TERMINATION OF GAS OR ELECTRIC
SERVICE DUE TO NON-PAYMENT OF BILLS RENDERED FOR SERVICE BY A TENANT, OR
(II) NO LATER THAN FIVE DAYS PRIOR TO THE DATE SET FORTH AS THE EARLIEST
POSSIBLE DATE OF SERVICE TERMINATION IN THE FINAL NOTICE OF  TERMINATION
SENT  TO  THAT TENANT, HAS MAILED A NOTICE TO THE OWNER ADVISING THAT IF
NEITHER SATISFACTORY PAYMENT NOR PAYMENT ARRANGEMENTS HAVE BEEN MADE  BY
THE  TENANT  BEFORE THAT DATE, THE TENANT'S GAS OR ELECTRIC SERVICE WILL
BE TERMINATED ON OR AFTER THAT DATE, AND THE OWNER MAY PREVENT A SERVICE
TERMINATION AT THE DWELLING BY MAKING ARRANGEMENTS TO OPEN A NEW ACCOUNT
AS OF THE DATE THAT THE TENANT'S  SERVICE  WOULD  FIRST  BE  SUBJECT  TO
SERVICE TERMINATION; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07322-01-9
              

S. 1314                             2

  (B)  UPON THE REQUEST OF THAT TENANT UNLESS THE UTILITY CORPORATION OR
MUNICIPALITY (I) AFTER RECEIPT OF NOTIFICATION BY AN OWNER  PURSUANT  TO
THIS  SUBDIVISION  AFFORDED  THAT  OWNER  AN  OPPORTUNITY  TO ASSURE THE
CONTINUATION OF RESIDENTIAL GAS OR ELECTRIC SERVICE IN THAT OWNER'S NAME
IN  THE  EVENT  OF A SUBSEQUENT VOLUNTARY TERMINATION OF GAS OR ELECTRIC
SERVICE BY A TENANT, OR (II) HAS NOTIFIED THE OWNER BY EITHER MAILING  A
NOTICE  TO  THE  OWNER  AT  LEAST  FIVE  DAYS PRIOR TO THE DAY OF ACTUAL
DISCONTINUANCE OF SERVICE  OR  BY  GIVING  ACTUAL  NOTICE  BY  TELEPHONE
CONVERSATION  WITH  THE OWNER OR THE OWNER'S AGENT AT LEAST TWO BUSINESS
DAYS PRIOR TO THE DAY OF ACTUAL  DISCONTINUANCE  OF  SERVICE,  THAT  THE
OWNER MAY OPEN A NEW ACCOUNT FOR SERVICE IN THE OWNER'S NAME.
  8.  NO UTILITY CORPORATION OR MUNICIPALITY SHALL TERMINATE RESIDENTIAL
UTILITY GAS OR ELECTRIC SERVICE IN ANY INSTANCE WHERE  THE  CUSTOMER  OF
RECORD'S  MAILING  ADDRESS  OR  DWELLING  UNIT  DIFFERS  FROM THE STREET
ADDRESS OF THE DWELLING OR THE DWELLING  UNIT  IN  A  MULTIPLE  DWELLING
WHERE  SERVICE  IS TO BE TERMINATED, UNLESS (A) IN THE CASE OF A REQUEST
FROM THE CUSTOMER OF RECORD THAT  UTILITY  SERVICE  BE  TERMINATED,  THE
UTILITY  CORPORATION  OR  MUNICIPALITY DETERMINES, AT THE TIME OF ACTUAL
DISCONTINUANCE OF SERVICE, THAT THE DWELLING UNIT OR THE  DWELLING  UNIT
IN  A MULTIPLE DWELLING WHERE SERVICE IS TO BE TERMINATED IS UNOCCUPIED,
OR (B) IN THE CASE OF EITHER A TERMINATION OF SERVICE FOR NON-PAYMENT OF
BILLS RENDERED FOR SERVICE OR A REQUEST FROM THE CUSTOMER OF RECORD THAT
UTILITY SERVICE BE TERMINATED, A NOTICE IS MAILED  TO  THE  OCCUPANT  OR
OCCUPANTS OF THAT DWELLING AT LEAST FIVE DAYS PRIOR TO THE DAY OF ACTUAL
DISCONTINUANCE  OF  SERVICE,  ADVISING  THAT  SERVICE IS SCHEDULED TO BE
TERMINATED ON OR AFTER A SPECIFIED DATE, AND THAT THE OCCUPANT OR  OCCU-
PANTS  MAY  MAKE  ALTERNATIVE  ARRANGEMENTS  TO  OPEN  A NEW ACCOUNT FOR
SERVICE IN AN OCCUPANT'S NAME. THE REQUIREMENTS OF THIS  SUBDIVISION  DO
NOT APPLY TO THE DISCONTINUANCE OF SERVICE REQUIRING NOTICES PURSUANT TO
SECTIONS  THIRTY-THREE  AND  THIRTY-FOUR  OF  THIS  ARTICLE,  NOR TO THE
DISCONTINUANCE OF SERVICE TO  SHARED  METER  ACCOUNTS  AS  SPECIFIED  IN
COMMISSION REGULATIONS.
  S  2.  Subdivision 5 of section 33 of the public service law is renum-
bered subdivision 6 and a new subdivision 5 is added to read as follows:
  5. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  NO  PUBLIC  UTILITY
COMPANY OR MUNICIPALITY SHALL DISCONTINUE GAS, ELECTRIC OR STEAM SERVICE
TO  AN ENTIRE MULTIPLE DWELLING (AS DEFINED IN THE MULTIPLE DWELLING LAW
OR THE MULTIPLE RESIDENCE LAW) LOCATED ANYWHERE IN  THIS  STATE  UPON  A
REQUEST  FROM  THE CUSTOMER OF RECORD UNLESS (A) THE UTILITY CORPORATION
OR MUNICIPALITY DETERMINES, AT THE  TIME  OF  ACTUAL  DISCONTINUANCE  OF
SERVICE,  THAT THE DWELLING UNITS IN THE MULTIPLE DWELLING WHERE SERVICE
IS TO BE TERMINATED ARE UNOCCUPIED, OR (B) A NOTICE  IS  MAILED  TO  THE
OCCUPANTS  OF  THE MULTIPLE DWELLING AT LEAST FIVE DAYS PRIOR TO THE DAY
OF ACTUAL DISCONTINUANCE OF SERVICE ADVISING THAT SERVICE  IS  SCHEDULED
TO  BE  TERMINATED  ON OR AFTER A SPECIFIED DATE, AND THAT THE OCCUPANTS
MAY MAKE ALTERNATIVE ARRANGEMENTS TO OPEN A NEW ACCOUNT FOR  SERVICE  AS
OF  THE  DATE  THAT THE SERVICE TO THE MULTIPLE DWELLING IS TO BE TERMI-
NATED. THE REQUIREMENTS OF THIS SUBDIVISION DO NOT APPLY TO THE  DISCON-
TINUANCE  OF SERVICE TO SHARED METER ACCOUNTS AS SPECIFIED IN COMMISSION
REGULATIONS.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.