Senate Bill S8113

Signed By Governor
2019-2020 Legislative Session

Relates to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2019-S8113 - Details

Law Section:
Public Service Law
Laws Affected:
Amd §§32, 89-b, 91 & 89-l, Pub Serv L

2019-S8113 - Summary

Relates to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies.

2019-S8113 - Sponsor Memo

2019-S8113 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8113
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 issuing a morato-
   rium  on  utility  termination of services during periods of pandemics
   and/or state of emergencies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 6 of section 32 of the public service law, as
 added by chapter 686 of the laws of 2002, is amended to read as follows:
   6. NO UTILITY CORPORATION OR MUNICIPALITY SHALL TERMINATE SERVICES  TO
 ANY  RESIDENTIAL  CUSTOMER  WHO  CANNOT PAY AN OVERDUE CHARGE BECAUSE OF
 FINANCIAL HARDSHIP, WHEN SUCH FINANCIAL HARDSHIP DERIVES FROM A FEDERAL,
 STATE, COUNTY OR VILLAGE IMPOSED STATE OF EMERGENCY AND/OR PANDEMIC  AND
 SUCH  UTILITY  PROVIDES  QUALITY  OF  LIFE SERVICES SUCH AS ELECTRICITY,
 STEAM, WATER, NATURAL GAS OR TELECOMMUNICATIONS.
   7. Implementation of the provisions of this section  shall  not  limit
 the  contractual  remedies  for  damages which might be available to the
 terminating utility provided that an award of such damages is not incon-
 sistent with any of the provisions of this article.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15908-01-0



              

co-Sponsors

2019-S8113A (ACTIVE) - Details

Law Section:
Public Service Law
Laws Affected:
Amd §§32, 89-b, 91 & 89-l, Pub Serv L

2019-S8113A (ACTIVE) - Summary

Relates to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies.

2019-S8113A (ACTIVE) - Sponsor Memo

2019-S8113A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8113--A
 
                             I N  S E N A T E
 
                              March 23, 2020
                                ___________
 
 Introduced  by  Sens. PARKER, HOYLMAN, METZGER -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and Telecommunications -- committee discharged and said bill committed
   to  the Committee on Consumer Protection -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the public service law, in relation to issuing a morato-
   rium  on  utility  termination of services during periods of pandemics
   and/or state of emergencies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 6 of section 32 of the public service law, as
 added by chapter 686 of the laws of 2002, is amended to read as follows:
   6. NO UTILITY CORPORATION OR MUNICIPALITY SHALL TERMINATE  OR  DISCON-
 NECT  SERVICES  TO  ANY  RESIDENTIAL  CUSTOMER FOR THE NON-PAYMENT OF AN
 OVERDUE CHARGE FOR THE DURATION OF THE STATE DISASTER EMERGENCY DECLARED
 PURSUANT TO EXECUTIVE ORDER TWO  HUNDRED  TWO  OF  TWO  THOUSAND  TWENTY
 (HEREIN AFTER "THE COVID-19 STATE OF EMERGENCY").
   UTILITY  CORPORATIONS  AND MUNICIPALITIES SHALL HAVE A DUTY TO RESTORE
 SERVICE, TO THE EXTENT NOT ALREADY REQUIRED UNDER THIS CHAPTER,  TO  ANY
 RESIDENTIAL  CUSTOMER  WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN
 TERMINATED DURING THE PENDENCY OF THE COVID-19 STATE OF EMERGENCY.
   7. FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER THE COVID-19 STATE OF
 EMERGENCY IS LIFTED OR EXPIRES, NO UTILITY CORPORATION  OR  MUNICIPALITY
 SHALL  TERMINATE  OR  DISCONNECT  THE  SERVICE OF A RESIDENTIAL CUSTOMER
 BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS OWED TO  THE
 UTILITY CORPORATION OR MUNICIPALITY WHEN SUCH CUSTOMER HAS EXPERIENCED A
 CHANGE  IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGEN-
 CY, AS DEFINED BY THE DEPARTMENT.   THE UTILITY CORPORATION  OR  MUNICI-
 PALITY  SHALL  PROVIDE SUCH RESIDENTIAL CUSTOMER WITH THE RIGHT TO ENTER
 INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITHOUT THE  REQUIRE-
 MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, AS SUCH IS PROVIDED FOR
 IN THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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