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.