Assembly Bill A10480

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10480
 
                           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  requiring  the
   establishment of automatic payment plans
 
   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. UTILITY AUTOMATIC PAYMENT PLANS. 1.  WITHIN ONE HUNDRED EIGHTY
 DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, THE COMMISSION IS AUTHORIZED AND DIRECTED  TO  REQUIRE
 INVESTOR  OWNED  COMBINATION UTILITY COMPANIES HEADQUARTERED IN NEW YORK
 TO ESTABLISH A STATEWIDE PROGRAM TO PROVIDE ELIGIBLE  PARTICIPANTS  WITH
 AFFORDABILITY  PAYMENT  PLANS. INVESTOR OWNED COMBINATION UTILITY COMPA-
 NIES SHALL AUTOMATICALLY PROVIDE APPROPRIATE PAYMENT PLANS TO QUALIFYING
 LOW INCOME INDIVIDUALS WHO PROVIDE DOCUMENTATION  OF  THEIR  ELIGIBILITY
 STATUS.    THE  FISCAL  IMPACT  OF  SUCH A PROGRAM SHALL NOT BE BORNE BY
 CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED BY THE INVESTOR OWNED
 COMBINATION UTILITY COMPANY TO CUSTOMERS. ENROLLMENT SHALL BE  AVAILABLE
 AT ANY TIME DURING THE YEAR. FOR THE PURPOSES OF THIS SECTION, "COMBINA-
 TION  UTILITY  COMPANY" SHALL MEAN A UTILITY COMPANY THAT PROVIDES ELEC-
 TRIC, GAS, OR STEAM SERVICE.
   2. (A) THE COMMISSION SHALL ENGAGE  WITH  INVESTOR  OWNED  COMBINATION
 UTILITY  COMPANIES  TO ESTABLISH AUTOMATED FILE MATCHING MECHANISMS THAT
 WILL PROVIDE, VIA ELECTRONIC MEANS, INVESTOR OWNED  COMBINATION  UTILITY
 COMPANIES WITH A LIST OF ELIGIBLE PARTICIPANTS WITHIN THE UTILITY COMPA-
 NY'S SERVICE TERRITORY. THE COMMISSION SHALL PROVIDE SUCH INFORMATION TO
 SUCH  UTILITY  COMPANIES  NO  LESS THAN SEMI-ANNUALLY. AN INVESTOR OWNED
 COMBINATION UTILITY COMPANY WHICH OFFERS SUCH  A  PAYMENT  PLAN  PROGRAM
 SHALL  CONSPICUOUSLY  ADVERTISE  THE  AVAILABILITY  OF  SUCH PLAN ON THE
 WEBSITE OF SUCH UTILITY COMPANY.
   (B) THE COMMISSION SHALL ALSO CREATE A MECHANISM BY WHICH AN  INDIVID-
 UAL'S  DOCUMENTATION  IS  SUBMITTED AND REASONABLY AND PROMPTLY REVIEWED
 FOR QUALIFICATION AS PROPER DOCUMENTATION OF THE INDIVIDUAL'S  ELIGIBIL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15615-01-2
 A. 10480                            2
 
 ITY  STATUS. SUCH MECHANISM SHALL ALSO PROVIDE FOR ELECTRONIC SUBMISSION
 OF DOCUMENTATION.
   3. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
 PAYMENT  PLAN  IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES DOCUMENTATION OF
 ELIGIBILITY 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.
   4. (A) WHEN DEVISING PAYMENT PLANS, THE UTILITY COMPANY SHALL CONSIDER
 THE CIRCUMSTANCES AND FINANCIAL CONDITION OF THE CUSTOMER INCLUDING:
   (I) THE AMOUNT DUE, IF ANY, ON THE ACCOUNT;
   (II) THE CUSTOMER'S ABILITY TO PAY;
   (III) THE CUSTOMER'S PAYMENT HISTORY;
   (IV) THE ANTICIPATED ENERGY ASSISTANCE BENEFITS FOR WHICH THE CUSTOMER
 MAY BE ELIGIBLE;
   (V) THE CIRCUMSTANCES WHICH RESULTED IN THE PAST DUE BILLS;
   (VI)  HARDSHIPS  WHICH  MAY RESULT FROM THE LACK OF UTILITY SERVICE TO
 THE CUSTOMER; AND
   (VII) ANY OTHER RELEVANT FACTORS RELATED TO THE CIRCUMSTANCES  OF  THE
 CUSTOMER.
   (B)  AN  INVESTOR-OWNED  COMBINATION UTILITY COMPANY SHALL 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  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.
   5. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST ANY  INVESTOR
 OWNED  COMBINATION UTILITY COMPANIES THAT VIOLATE THIS SECTION TO ENJOIN
 SUCH VIOLATION AND MAY RECOVER A CIVIL PENALTY  OF  UP  TO  ONE  HUNDRED
 DOLLARS  PER  VIOLATION OF THIS SECTION OR, FOR A PATTERN OR PRACTICE OF
 SUCH VIOLATIONS, OF UP  TO  ONE  THOUSAND  DOLLARS  PER  VIOLATION.    A
 VIOLATION SHALL BE JUDGED PER INDIVIDUAL ACCOUNT.
   § 2. This act shall take effect immediately.