S T A T E O F N E W Y O R K
________________________________________________________________________
8523
I N S E N A T E
May 9, 2018
___________
Introduced by Sen. CARLUCCI -- 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 requiring utility
companies to reimburse consumers in the event of a prolonged power
outage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
77-a to read as follows:
§ 77-A. UTILITY REIMBURSEMENT REQUIREMENTS. 1. IN THE EVENT THAT A
RESIDENTIAL HOME EXPERIENCES A POWER OUTAGE LASTING SEVENTY-TWO CONSEC-
UTIVE HOURS OR MORE WITHOUT HAVING BEEN RESOLVED BY THE UTILITY COMPANY,
THE UTILITY COMPANY SHALL BE RESPONSIBLE FOR THE FOLLOWING:
(A) FULL REIMBURSEMENT OF ANY FOOD SPOILED DUE TO LACK OF REFRIGER-
ATION. CUSTOMERS SHALL PROVIDE THE UTILITY COMPANY AN ITEMIZED LIST OF
ALL FOOD SPOILED OR PROOF OF PURCHASE WITHIN FOURTEEN DAYS OF THE
OUTAGE. THE UTILITY COMPANY SHALL REIMBURSE THE CUSTOMER WITHIN FOURTEEN
DAYS OF THE RECEIPT OF THE ITEMIZED LIST OR PROOF OF PURCHASE. THE
AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED A TOTAL OF TWO HUNDRED
TWENTY-FIVE DOLLARS FOR CUSTOMERS WHO PROVIDE AN ITEMIZED LIST. THE
AMOUNT OF THE REIMBURSEMENT FOR CUSTOMERS WHO PROVIDE AN ITEMIZED
RECEIPT MAY RECEIVE THE FULL AMOUNT TO COVER FOOD SPOILED.
(B) FULL REIMBURSEMENT OF ANY MEDICATION SPOILED DUE TO LACK OF
REFRIGERATION. CUSTOMERS SHALL PROVIDE THE UTILITY COMPANY AN ITEMIZED
LIST AND PROOF OF MEDICATION LOST DUE TO LACK OF REFRIGERATION WITHIN
FOURTEEN DAYS OF THE OUTAGE. PROOF MAY INCLUDE PHARMACY PRESCRIPTION
LABEL, PHARMACY RECEIPT OR A LETTER FROM THE PRESCRIBING PHYSICIAN. THE
UTILITY COMPANY SHALL REIMBURSE THE CUSTOMER WITHIN FOURTEEN DAYS OF THE
RECEIPT OF THE ITEMIZED LIST AND PROOF OF MEDICATION LOST.
(C) FULL REIMBURSEMENT TO LOCAL BUSINESS OWNERS FOR ANY FOOD SPOILED
DUE TO LACK OF REFRIGERATION. BUSINESS OWNERS WILL PROVIDE THE UTILITY
COMPANY WITH AN ITEMIZED LIST FOR ALL FOOD SPOILED OR PROOF OF PURCHASE
WITHIN FOURTEEN DAYS OF THE OUTAGE. THE UTILITY COMPANY SHALL REIMBURSE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15443-03-8
S. 8523 2
THE BUSINESS OWNER WITHIN FOURTEEN DAYS OF THE RECEIPT OF THE ITEMIZED
LIST OR PROOF OF PURCHASE. THE AMOUNT OF THE REIMBURSEMENT SHALL TOTAL
NO MORE THAN FIVE HUNDRED DOLLARS FOR BUSINESS OWNERS WHO PROVIDE AN
ITEMIZED LIST. THE AMOUNT OF THE REIMBURSEMENT FOR BUSINESS OWNERS WHO
PROVIDE AN ITEMIZED RECEIPT MAY RECEIVE NO MORE THAN TEN THOUSAND TWO
HUNDRED DOLLARS.
2. UTILITY COMPANIES THAT FAIL TO PROVIDE A REIMBURSEMENT TO A QUALI-
FYING CONSUMER WITHIN THE FOURTEEN-DAY WINDOW SHALL BE SUBJECT TO A FINE
TO BE ISSUED BY THE COMMISSION OF NO LESS THAN ONE THOUSAND DOLLARS.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.