Assembly Bill A10479

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10479
 
                           I N  A S S E M B L Y
 
                               May 27, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cunningham)
   -- read once and referred to the Committee on Energy
 
 AN ACT to amend the public service  law,  in  relation  to  establishing
   minimum standards for payment plans for eligible customers
 
   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
 66-t to read as follows:
   §  66-T.  MINIMUM  STANDARDS  FOR  PAYMENT PLANS. 1. THE COMMISSION IS
 AUTHORIZED AND DIRECTED TO SET STANDARDS FOR PAYMENT PLANS FOR  ELIGIBLE
 CUSTOMERS SET UP BY UTILITY COMPANIES. SUCH STANDARDS SHALL INCLUDE:
   (A) WHETHER A PAYMENT AGREEMENT IS REASONABLE. REASONABLENESS SHALL BE
 DETERMINED  BY CONSIDERING THE CURRENT HOUSEHOLD INCOME, ABILITY TO PAY,
 PAYMENT HISTORY INCLUDING PRIOR DEFAULTS ON SIMILAR AGREEMENTS, THE SIZE
 OF THE BILL, THE AMOUNT OF TIME AND THE REASONS WHY THE  BILL  HAS  BEEN
 OUTSTANDING,  AND  ANY  SPECIAL CIRCUMSTANCES CREATING EXTREME HARDSHIPS
 WITHIN THE HOUSEHOLD. THE UTILITY COMPANY  MAY  REQUIRE  THE  PERSON  TO
 CONFIRM  FINANCIAL  DIFFICULTY WITH AN ACKNOWLEDGMENT FROM ANOTHER STATE
 OR LOCAL AGENCY;
   (B) REQUIRING EACH UTILITY COMPANY TO MAKE AVAILABLE TO  ITS  RESIDEN-
 TIAL  CUSTOMERS  FOR  UTILITY SERVICE PROVIDED AT THE CUSTOMER'S PRIMARY
 RESIDENCE A PAYMENT PLAN WHICH AVERAGES ESTIMATED UTILITY COSTS  OVER  A
 TEN-MONTH  OR TWELVE-MONTH PERIOD TO ELIMINATE, INSOFAR AS IT IS PRACTI-
 CABLE, SEASONAL FLUCTUATIONS IN UTILITY BILLS;
   (C) REQUIRING EACH UTILITY COMPANY TO PERMIT EACH CUSTOMER A PERIOD OF
 NOT LESS THAN TWENTY-ONE DAYS FROM THE DATE THE BILL WAS SENT TO PAY  IN
 FULL, UNLESS THE CUSTOMER AND THE UTILITY AGREE ON A DIFFERENT DUE DATE.
 A  UTILITY  COMPANY  SHALL  NOT WITHDRAW FUNDS FROM A CUSTOMER'S ACCOUNT
 BEFORE THE DUE DATE IN CASES WHERE A CUSTOMER  USES  AN  AUTOMATIC  BILL
 PAYMENT PLAN UNLESS THE CUSTOMER AGREES TO A DIFFERENT PERIOD;
   (D)  IN  THE  EVENT  A  RATE CHANGE APPROVED BY THE COMMISSION BECOMES
 EFFECTIVE WHILE A RESIDENTIAL CUSTOMER IS ENROLLED IN AND IN  COMPLIANCE
 WITH  A  PAYMENT  PLAN,  THE EFFECT OF THE RATE CHANGE SHALL BE INCLUDED
 RATABLY OVER THE REMAINDER OF THE PAYMENT PLAN PERIOD. INCLUDED WITH THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15624-01-2
 A. 10479                            2
 
 FIRST ADJUSTED BILL, THE UTILITY COMPANY SHALL  PROVIDE  NOTICE  TO  THE
 CUSTOMER  EXPLAINING THE REASON FOR THE CHANGE AND SHOWING A CALCULATION
 OF HOW THE UTILITY COMPANY ARRIVED AT THE NEW MONTHLY PAYMENT; AND
   (E) WHILE ENROLLED IN A RESIDENTIAL PAYMENT PLAN A RESIDENTIAL CUSTOM-
 ER'S  UTILITY  SERVICE  MAY  NOT  BE  TERMINATED  UNLESS THE RESIDENTIAL
 CUSTOMER VIOLATES A RULE OF THE UTILITY COMPANY ON FILE WITH THE COMMIS-
 SION, DISCONNECTION IS NECESSARY FOR REASONS OF HEALTH, SAFETY, OR STATE
 OR NATIONAL EMERGENCIES, OR TERMINATION IS ORDERED  BY  THE  COMMISSION.
 PAYMENT  PLANS  SHALL  BE  OFFERED  TO  ALLOW A CUSTOMER TO PAY PAST-DUE
 AMOUNTS OVER A PERIOD OF TIME, UNLESS THE AMOUNTS OWING RELATE TO  THEFT
 OF  SERVICE,  TAMPERING,  AN  UNAUTHORIZED USE OF SERVICE, OR FAILURE TO
 ABIDE BY THE TERMS OF A TIME-PAYMENT PLAN. THE CUSTOMER SHALL  MAKE  THE
 INITIAL  PAYMENT WITHIN ONE BUSINESS DAY OF AGREEING TO THE TIME-PAYMENT
 PLAN.
   2. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
 PAYMENT PLAN UNDER THIS SECTION IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES
 DOCUMENTATION OF ELIGIBILITY TO THE  UTILITY  COMPANY  FOR  ANY  OF  THE
 FOLLOWING PROGRAMS:
   (A) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (FAMILY ASSISTANCE);
   (B) SAFETY NET ASSISTANCE (PUBLIC ASSISTANCE);
   (C) SUPPLEMENTAL SECURITY INCOME (SSI);
   (D) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP);
   (E) LOW INCOME HOME ENERGY ASSISTANCE PROGRAM;
   (F) VETERAN'S DISABILITY PENSION;
   (G) VETERAN'S SURVIVING SPOUSE PENSION;
   (H) CHILD HEALTH PLUS;
   (I) LIFELINE;
   (J) HOME ENERGY ASSISTANCE PROGRAM (HEAP);
   (K) DIRECT VENDOR OR UTILITY GUARANTEE;
   (L) TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF);
   (M) SOCIAL SECURITY DISABILITY INSURANCE (SSDI);
   (N) EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP); AND
   (O)  ANY  OTHER  INCOME-BASED  ASSISTANCE  PROGRAM  IDENTIFIED  BY THE
 COMMISSION.
   § 2. This act shall take effect immediately.