S T A T E O F N E W Y O R K
________________________________________________________________________
8252
I N S E N A T E
April 27, 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 the annualization
of past-due utility payments after an emergency order is lifted
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. SPECIAL PROCEDURES FOLLOWING A STATE DISASTER EMERGENCY ORDER.
AFTER A DULY-DECLARED ORDER ISSUED PURSUANT TO SECTION TWENTY-EIGHT OF
THE EXECUTIVE LAW IS FORMALLY LIFTED, INCLUDING BUT NOT LIMITED TO A
STATE DISASTER EMERGENCY ORDER ISSUED FOR A PANDEMIC, NO UTILITY CORPO-
RATION OR MUNICIPALITY SHALL TERMINATE THE SERVICE OF A RESIDENTIAL
CUSTOMER BECAUSE OF ARREARS OWED TO THE UTILITY CORPORATION OR MUNICI-
PALITY. THE UTILITY CORPORATION OR MUNICIPALITY SHALL PROVIDE SUCH
CUSTOMER WITH THE RIGHT TO ANNUALIZE PAST DUE PAYMENTS INCURRED DURING
THE EMERGENCY ORDER, MINUS LATE FEES, IN MONTHLY INSTALLMENTS NOT TO
EXCEED THREE MONTHS AVERAGE BILLING. THE COMMISSION SHALL PROVIDE
SPECIAL PROCEDURES, IN ACCORDANCE WITH THIS SUBDIVISION, TO BE FOLLOWED
BY A UTILITY CORPORATION OR MUNICIPALITY WITH RESPECT TO THE TERMINATION
OR RESTORATION OF SERVICES AFTER AN EMERGENCY ORDER IS LIFTED.
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.
LBD16225-01-0