S T A T E O F N E W Y O R K
________________________________________________________________________
441
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law and the public service law,
in relation to methods of payments to public utilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2855 of the public authorities law, as added by
section 1 of part KK of chapter 59 of the laws of 2006, is amended to
read as follows:
S 2855. Electronic method of payment; periodic charges. 1. Notwith-
standing the provisions of any law to the contrary, if any authority
shall offer any electronic method of payment for tolls, fares, fees,
rentals, or other charges, including but not limited to a system called
E-ZPass, such authority shall not impose any periodic administrative or
other charge for the privilege of using such electronic method of
payment for such charges. Nothing in this section shall be construed to
prohibit any authority from making any charge for extra services
requested by a holder of such electronic method of payment, any charge
for lost or damaged equipment, or for defaults, such as charges for
dishonored checks. The authority shall not enter any agreement with
bondholders that would require the imposition of administrative or other
periodic charges relating to electronic methods of payment prohibited by
this section.
2. NO AUTHORITY OFFERING ANY ELECTRONIC METHOD OF PAYMENT SHALL IMPOSE
ANY PERIODIC ADMINISTRATIVE OR OTHER CHARGE FOR FAILURE TO USE SUCH
METHOD OF PAYMENT OR OTHERWISE IMPOSE ADDITIONAL ADMINISTRATIVE OR OTHER
CHARGES FOR DELIVERING PAYMENT THROUGH NON-ELECTRONIC MEANS. NOTWITH-
STANDING ANY PROVISIONS OF LAW TO THE CONTRARY, AUTHORITIES SHALL BE
PROHIBITED FROM IMPOSING ANY PERIODIC ADMINISTRATIVE OR OTHER CHARGE,
EXCEPTING AMOUNTS DUE AND INTEREST ON ACCOUNTS OUTSTANDING WHEN SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01052-01-3
A. 441 2
INTEREST IS COMPUTED AND APPLIED IN ACCORDANCE WITH THE LAWS OF THIS
STATE, FOR METHOD OF PAYMENT ON ANY ACCOUNT. NOTHING IN THIS SUBDIVISION
SHALL BE CONSTRUED TO PROHIBIT ANY AUTHORITY FROM MAKING ANY CHARGE FOR
EXTRA SERVICES REQUESTED BY AN ACCOUNT HOLDER, ANY CHARGE FOR LOST OR
DAMAGED EQUIPMENT, OR FOR DEFAULTS, SUCH AS CHARGES FOR DISHONORED
CHECKS. THE AUTHORITIES SHALL NOT ENTER ANY AGREEMENT WITH BONDHOLDERS
THAT WOULD REQUIRE THE IMPOSITION OF ADMINISTRATIVE OR OTHER PERIODIC
CHARGES RELATING TO METHODS OF PAYMENT.
S 2. Section 2 of the public authorities law is amended by adding a
new subdivision 7 to read as follows:
7. "PUBLIC UTILITY AUTHORITIES" SHALL MEAN ANY ENTITY ESTABLISHED
PURSUANT TO ARTICLE FIVE OF THIS CHAPTER.
S 3. Title 1 of article 5 of the public authorities law is amended by
adding a new section 999 to read as follows:
S 999. GENERAL PROVISIONS. NO PUBLIC UTILITY AUTHORITY OFFERING ANY
ELECTRONIC METHOD OF PAYMENT SHALL IMPOSE ANY PERIODIC ADMINISTRATIVE OR
OTHER CHARGE FOR FAILURE TO USE SUCH METHOD OF PAYMENT OR OTHERWISE
IMPOSE ADDITIONAL ADMINISTRATIVE OR OTHER CHARGES FOR DELIVERING PAYMENT
THROUGH NON-ELECTRONIC MEANS. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT ANY PUBLIC UTILITY AUTHORITY FROM MAKING ANY
CHARGE FOR EXTRA SERVICES REQUESTED BY AN ACCOUNT HOLDER, ANY CHARGE FOR
LOST OR DAMAGED EQUIPMENT, OR FOR DEFAULTS, SUCH AS CHARGES FOR DISHON-
ORED CHECKS. THE PUBLIC UTILITY AUTHORITIES SHALL NOT ENTER ANY AGREE-
MENT WITH BONDHOLDERS THAT WOULD REQUIRE THE IMPOSITION OF ADMINISTRA-
TIVE OR OTHER PERIODIC CHARGES RELATING TO METHODS OF PAYMENT.
S 4. The public service law is amended by adding a new section 6 to
read as follows:
S 6. BILLING BY ENTITIES GOVERNED BY THE PUBLIC SERVICE COMMISSION.
NO ENTITY GOVERNED BY THE PUBLIC SERVICE COMMISSION OFFERING ANY ELEC-
TRONIC METHOD OF PAYMENT SHALL IMPOSE ANY PERIODIC ADMINISTRATIVE OR
OTHER CHARGE FOR FAILURE TO USE SUCH METHOD OF PAYMENT OR OTHERWISE
IMPOSE ADDITIONAL ADMINISTRATIVE OR OTHER CHARGES FOR DELIVERING PAYMENT
THROUGH NON-ELECTRONIC MEANS. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT ANY ENTITY GOVERNED BY THE PUBLIC SERVICE COMMIS-
SION FROM MAKING ANY CHARGE FOR EXTRA SERVICES REQUESTED BY AN ACCOUNT
HOLDER, ANY CHARGE FOR LOST OR DAMAGED EQUIPMENT, OR FOR DEFAULTS, SUCH
AS CHARGES FOR DISHONORED CHECKS. ENTITIES GOVERNED BY THE PUBLIC
SERVICE COMMISSION SHALL NOT ENTER ANY AGREEMENT WITH BONDHOLDERS THAT
WOULD REQUIRE THE IMPOSITION OF ADMINISTRATIVE OR OTHER PERIODIC CHARGES
RELATING TO METHODS OF PAYMENT.
S 5. This act shall take effect immediately.