S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2038
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. DINOWITZ, SEAWRIGHT -- read once and referred to
   the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the public service law, in relation to complaint  handl-
   ing procedures by the public service commission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 43 of the public service law, as added  by  chapter
 713  of  the  laws of 1981, subdivision 3 as added by chapter 686 of the
 laws of 2002, is amended to read as follows:
   § 43. Complaint handling procedures. 1. The commission shall  maintain
 regulations  for  the handling of [residential] ALL customer complaints,
 which at a minimum shall require that each utility or municipality:  (a)
 maintain procedures, AND PROVIDE A COPY OF THOSE PROCEDURES, AS AMENDED,
 TO  THE  COMMISSION, for prompt investigation of any complaint on a bill
 for gas, STEAM, or electric service rendered or a deposit  required  and
 for [prompt] reporting to the complainant [of] WITHIN: (I) FIFTEEN BUSI-
 NESS  DAYS  AFTER  the result of such investigation FOR A UTILITY CORPO-
 RATION; OR (II) THIRTY BUSINESS DAYS AFTER THE RESULT OF  SUCH  INVESTI-
 GATION  FOR  A  MUNICIPALITY. [If such] SUCH report [is made orally, the
 utility corporation or municipality shall offer the complainant  upon  a
 written  request the opportunity to receive the report in writing] SHALL
 BE IN WRITING AND PROVIDE ALL SUPPORTING DOCUMENTATION; (b)  inform  any
 complainant  [whose complaint is resolved in favor of the utility corpo-
 ration or municipality, in whole or in part,] of the availability of the
 commission's complaint handling procedures; (c) refrain from terminating
 service for nonpayment so long as a complaint is pending before a utili-
 ty, municipality or the commission and for fifteen days  thereafter,  or
 for  such  period  as  the  commission  for  good cause shall establish;
 provided however, that as a condition of continued  service  during  the
 pendency  of  any  such  dispute,  a  customer  shall pay the undisputed
 portions of any bill for service including bills for current  usage,  or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05763-01-1

 A. 2038                             2
 
 such amounts as the commission determines reasonably reflect the cost of
 usage  to  such  customer;  and  (d)  refrain from treating the disputed
 portion of any bill as late during the pendency of any complaint  before
 the  utility  or municipality.  LATE PAYMENT CHARGES SHALL NOT BE LEVIED
 DURING THE PERIOD IT TAKES TO RESOLVE DISPUTED AMOUNTS.
   2. The commission shall maintain regulations  for  complaint  handling
 procedures  including  complaints  with  respect to the negotiation of a
 deferred payment agreement  which  shall  include,  at  a  minimum:  (a)
 provision  for  investigation  and informal review and for appeal to the
 commission [in its discretion]; (b) that the  burden  of  proof  in  all
 proceedings shall be on the utility corporation or municipality[, except
 as  otherwise  provided  by  the  commission  for  good  cause]; and (c)
 provision  for  parties  to  receive  a  written  determination  of  any
 complaint[,  upon  request,] in plain and simple English, which determi-
 nation shall set forth the relevant facts established, the  reasons  for
 the  determination,  what  actions must be taken and what further proce-
 dures are available to a complainant.
   3. The commission shall [use its best efforts to] complete its INITIAL
 investigation [and review and to issue]  WITHIN:  (A)  FIFTEEN  BUSINESS
 DAYS  FOR A UTILITY CORPORATION OR; (B) THIRTY BUSINESS DAYS FOR A MUNI-
 CIPALITY. THE COMMISSION SHALL COMPLETE  THE  INFORMAL  REVIEW,  IF  THE
 INITIAL  DECISION IS APPEALED, WITHIN FIFTEEN BUSINESS DAYS. THE COMMIS-
 SION SHALL, within ninety days, ISSUE its final written determination of
 any appeal to it pursuant to this section.
   4. FAILURE BY ANY UTILITY CORPORATION OR  MUNICIPALITY  TO  PROVIDE  A
 RESPONSE  AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION, SHALL INVOKE A
 PENALTY OF: (A) ONE HUNDRED DOLLARS PER BUSINESS DAY FOR  EACH  BUSINESS
 DAY  THAT  EXCEEDS THE INITIAL FIFTEEN BUSINESS DAY PERIOD FOR A UTILITY
 CORPORATION; OR (B) TWENTY-FIVE DOLLARS PER BUSINESS DAY FOR EACH  BUSI-
 NESS DAY THAT EXCEEDS THE INITIAL THIRTY BUSINESS DAY PERIOD FOR A MUNI-
 CIPALITY.
   5.  UPON  THE  FAILURE  OF  THE  COMMISSION TO ADHERE TO THE DEADLINES
 PROVIDED BY SUBDIVISION THREE  OF  THIS  SECTION,  THE  COMPLAINANT  MAY
 COMMENCE  A SPECIAL PROCEEDING AGAINST THE COMMISSION PURSUANT TO SUBDI-
 VISION ONE OF SECTION SEVENTY-EIGHT HUNDRED THREE OF THE CIVIL  PRACTICE
 LAW AND RULES.  A PREVAILING COMPLAINANT SHALL BE ENTITLED TO REASONABLE
 ATTORNEY'S FEES AND COURT COSTS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a  law.  Effective  immediately,  the  addition,  amendment,
 and/or  repeal  of  any rules and regulations necessary to implement the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such effective date.