S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8891
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Energy
 
 AN ACT to amend the public service law  and  the  transportation  corpo-
   rations  law,  in  relation  to the provision of electric service upon
   application and to  requiring  electric  providers  to  submit  annual
   reports  regarding  proposals to meet emission-free electricity gener-
   ation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 30 of the public service law, as amended by chap-
 ter 686 of the laws of 2002, is amended to read as follows:
   § 30. Residential [gas,] electric and steam service policy. This arti-
 cle shall apply to the provision of all or any part of the [gas,]  elec-
 tric or steam service provided to any residential customer by any [gas,]
 electric  or steam and municipalities corporation or municipality. It is
 hereby declared to be the  policy  of  this  state  that  the  continued
 provision  of  all or any part of such [gas,] electric and steam service
 to all residential  customers  without  unreasonable  qualifications  or
 lengthy  delays  is  necessary  for  the  preservation of the health and
 general welfare and is in the public interest.
   § 2.  Subdivisions 1, 4 and 6 of section 31 of the public service law,
 subdivisions 1 and 4 as added by chapter 713 of the  laws  of  1981  and
 subdivision  6  as added by chapter 686 of the laws of 2002, are amended
 to read as follows:
   1. Every [gas corporation,] electric corporation or municipality shall
 provide residential service upon the  oral  or  written  request  of  an
 applicant,  provided  that  the commission may require that requests for
 service be in writing under circumstances  as  it  deems  necessary  and
 proper  as set forth by regulation, and provided further that the appli-
 cant:
   (a) makes full payment for residential utility service provided  to  a
 prior account in his name; or
   (b)  agrees  to  make  payments  under  a deferred payment plan of any
 amounts due for service to a prior account in his name and makes a  down
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14164-01-1
 A. 8891                             2
 
 payment  based  on criteria to be established by the commission. No such
 down payment shall exceed one-half of any money due  from  an  applicant
 for residential utility service, or three months average billing, which-
 ever is less; or
   (c)  is a recipient of public assistance, supplemental security income
 or additional state payments pursuant to the social services law, or  is
 an  applicant  for  such assistance, income or payments, and the utility
 corporation or the municipality receives payment from, or is notified of
 the applicant's eligibility for utility payments by the social  services
 official  of  the  social services district in which such person resides
 for amounts due for service to a prior account in the applicant's  name,
 together  with  guarantee of future payments to the extent authorized by
 the social services law.
   4. In the case of any application for service to a building  which  is
 not supplied with electricity [or gas], a utility corporation or munici-
 pality  shall  be  obligated  to  provide  service  to  such a building,
 provided however, that the commission may require applicants for service
 to buildings located in excess of one hundred feet from [gas  or]  elec-
 tric  transmission  lines to pay or agree in writing to pay material and
 installation costs relating to the applicant's proportion of the [pipe,]
 conduit, duct or wire, or other facilities to be installed.
   6. In the event the service sought in applications submitted  pursuant
 to  this  section  is comprised of the provision of [gas or] electricity
 commodity only, nothing in this section shall require the  provision  of
 such  service  to  any  and all such applicants; provided, however, that
 nothing in this subdivision shall prevent or preclude the commission  or
 a  court  from ordering the provision of such service to all such appli-
 cants if such order is authorized pursuant to or required to implement a
 provision of law other than this article.
   § 3.  The public service law is amended by adding a new section  111-b
 to read as follows:
   §  111-B.  ADDITIONAL  INFORMATION IN ANNUAL REPORTS; PROPOSAL TO MEET
 EMISSION-FREE ELECTRICITY  GENERATION.  ANY  GAS  CORPORATION,  ELECTRIC
 CORPORATION, OR WATER-WORKS CORPORATION OR SERVICE PROVIDER WHICH GENER-
 ATES  OR  DELIVERS ENERGY FOR THE PURPOSE OF PROVIDING ELECTRICITY SHALL
 PREPARE AND FILE WITH THE DEPARTMENT, ON OR BEFORE OCTOBER  THIRTY-FIRST
 OF  EACH YEAR, A REPORT ON HOW IT WILL MEET THE REQUIREMENTS OF SUBDIVI-
 SION TWO OF SECTION SIXTY-SIX-P OF THIS CHAPTER AND ALLOW ITS  CUSTOMERS
 TO  MEET  THE  REQUIREMENTS OF SUBDIVISION ONE OF SECTION 75-0107 OF THE
 ENVIRONMENTAL CONSERVATION LAW. SUCH PROPOSAL SHALL INCLUDE:
   A.  A PLAN FOR HOW THE CORPORATION  OR  PROVIDER  WILL  TRANSITION  TO
 EMISSION-FREE  ELECTRICITY  GENERATION BY THE YEAR TWO THOUSAND FORTY IN
 ACCORDANCE WITH SUBDIVISION TWO OF SECTION SIXTY-SIX-P OF THIS CHAPTER;
   B. A PLAN FOR HOW ITS ACTIONS WILL ALLOW ITS CUSTOMERS AND  THE  STATE
 TO  MEET  THE  REQUIREMENTS OF SUBDIVISION ONE OF SECTION 75-0107 OF THE
 ENVIRONMENTAL CONSERVATION LAW; AND
   C. ANNUAL UPDATES ON THEIR PROGRESS TO  COMPLETING  THE  PLAN  CREATED
 PURSUANT TO SUBDIVISION A OF THIS SECTION. IF THE CORPORATION OR PROVID-
 ER  IS  NOT ON TARGET TO MEET THE PLAN CREATED PURSUANT TO SUBDIVISION A
 OF THIS SECTION, SUCH ANNUAL UPDATE SHALL INCLUDE AN ANALYSIS OF WHY THE
 CORPORATION OR PROVIDER IS NOT ON TARGET, A DESCRIPTION OF ANY NEEDS THE
 CORPORATION OR PROVIDER MAY HAVE TO MEET THEIR TARGETS, AND  AN  UPDATED
 PLAN TO ENSURE COMPLIANCE WITH SUBDIVISION TWO OF SECTION SIXTY-SIX-P OF
 THIS CHAPTER.
 A. 8891                             3
 
   §  4. Section 12 of the transportation corporations law, as separately
 amended by chapters 713 and 895 of the laws of 1981, is amended to  read
 as follows:
   §  12.  [Gas and electricity] ELECTRICITY must be supplied on applica-
 tion. Except in the case  of  an  application  for  residential  utility
 service  pursuant to article two of the public service law, upon written
 application of the owner or occupant of any building within one  hundred
 feet  of any [main of a gas corporation or gas and electric corporation,
 or a] line of an electric corporation or gas and  electric  corporation,
 appropriate  to  the  service requested, and payment by him of all money
 due from him to the corporation, it shall supply [gas or] electricity as
 may be required for lighting such  building,  notwithstanding  there  be
 rent  or  compensation  in arrears for [gas or] electricity supplied, or
 for meter[,] OR wire[, pipe or fittings] furnished, to a former occupant
 thereof, unless such owner or occupant shall have undertaken  or  agreed
 with  the former occupant to pay or to exonerate him from the payment of
 such arrears, and shall refuse or neglect to pay the same;  and  if  for
 the  space  of  ten  days  after  such application, and the deposit of a
 reasonable sum as provided in the next section, if required, the  corpo-
 ration  shall  refuse  or  neglect  to supply [gas or] electric light as
 required, such corporation shall forfeit and pay to  the  applicant  the
 sum  of  ten  dollars, and the further sum of five dollars for every day
 thereafter during which such refusal or neglect shall continue; provided
 that no such corporation shall be required to  lay  service  [pipes  or]
 wires for the purpose of supplying [gas or] electric light to any appli-
 cant  where  the  ground  in which such [pipe or] wire is required to be
 laid shall be frozen, or shall otherwise present  serious  obstacles  to
 laying the same; nor unless the applicant, if required, shall deposit in
 advance  with  the corporation a sum of money sufficient to pay the cost
 of his proportion of the [pipe,] conduit, duct or wire  required  to  be
 installed, and the expense of the installation of such portion.
   § 5. This act shall take effect immediately.