NY State Senate Bill 2021-S4322B

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2022	print number 4322b
Feb 03, 2022	amend and recommit to energy and telecommunications
Jan 05, 2022	referred to energy and telecommunications
May 26, 2021	print number 4322a
May 26, 2021	amend (t) and recommit to energy and telecommunications
Feb 03, 2021	referred to energy and telecommunications

Bill Amendments

Original

B (Active)

2021-S4322 - Details

See Assembly Version of this Bill:: A3477
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S2488
2025-2026: S3674

2021-S4322 - Summary

Provides a judicial remedy to resolve complaints related to utility bills that have an alleged amount of damages exceeding twenty-five thousand dollars.

2021-S4322 - Sponsor Memo

                                
 
BILL NUMBER: S4322

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to providing a
customer of gas or electric services the right to commence an action
prior to making a formal complaint with the commission

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends Public Authorities Law § 66(5) to provide residential
and non-residential customers of gas corporations and electric corpo-
rations the right to bring suit in any New York State Court of competent
jurisdiction against gas corporations and electric corporations at any
point prior to filing an Article 78 based on a formal decision by the
Public Service Commission ("PSC").

 
SUMMARY OF PROVISIONS:

This bill amends Public Authorities Law § 66(5) to provide residential

and non-residential customers of gas corporations and electric corpo-
rations the right to bring suit in any New York State Court of competent
jurisdiction against gas corporations and electric corporations at any
point prior to filing an Article 78 based on a formal decision by the
Public Service Commission ("PSC").

 
JUSTIFICATION:

Currently, residential and non-residential consumers of New York State
gas corporations and electric corporations, have to comply with an
administrative process dictated by the PSC, and have no alternatives as
to dispute venues. The current PSC process is extraordinarily flawed and
rigged in favor of corporations. This bill will let customers, many of
who have been overbilled, scammed and taken advantage of, have their day
in court.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S4322 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4322
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  public  service law, in relation to providing a
   customer of gas or electric services the right to commence  an  action
   prior to making a formal complaint with the commission

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 66 of the public service  law,  as
 amended  by  chapter  134  of  the  laws  of 1921, is amended to read as
 follows:
   5. Examine all persons,  corporations  and  municipalities  under  its
 supervision  and keep informed as to the methods, practices, regulations
 and property employed by them in  the  transaction  of  their  business.
 Whenever  the  commission  shall be of opinion, after a hearing had upon
 its own motion or upon complaint, that the rates, charges or classifica-
 tions or the acts or regulations of  any  such  person,  corporation  or
 municipality are unjust, unreasonable, unjustly discriminatory or unduly
 preferential  or  in  anywise  in violation of any provision of law, the
 commission shall determine and prescribe in the manner provided  by  and
 subject  to  the  provisions  of section seventy-two of this chapter the
 just and reasonable rates, charges and classifications thereafter to  be
 in  force  for the service to be furnished notwithstanding that a higher
 or lower rate or charge has heretofore been  prescribed  by  general  or
 special  statute, contract, grant, franchise condition, consent or other
 agreement, and the just and reasonable acts and regulations to  be  done
 and  observed;  and whenever the commission shall be of opinion, after a
 hearing had upon its own motion or upon complaint,  that  the  property,
 equipment  or appliances of any such person, corporation or municipality
 are unsafe, inefficient or inadequate, the  commission  shall  determine
 and  prescribe  the safe, efficient and adequate property, equipment and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08805-01-1

 S. 4322                             2
 
 appliances thereafter to be used, maintained and operated for the  secu-
 rity  and  accommodation  of  the  public  and  in  compliance  with the
 provisions of law and of their franchises and charters.  NOTWITHSTANDING
 ANY  OTHER  PROVISION OF THIS ARTICLE TO THE CONTRARY, A CUSTOMER OF ANY
 GAS CORPORATION OR ELECTRIC CORPORATION, OR A CUSTOMER  OF  ANY  PERSON,
 COMPANY OR CORPORATION PROVIDING ELECTRICITY OR GAS SERVICE TO CUSTOMERS
 MAY,  AT ANY POINT PRIOR TO MAKING A FORMAL COMPLAINT TO THE COMMISSION,
 OR BEFORE FILING AN ARTICLE SEVENTY-EIGHT FOLLOWING A FORMAL  COMMISSION
 DECISION, COMMENCE AN ACTION BEFORE A COURT OF COMPETENT JURISDICTION IN
 THIS STATE TO ENFORCE ANY RIGHTS PROVIDED TO SUCH CUSTOMER BY THIS ARTI-
 CLE.
   § 2. This act shall take effect immediately.

2021-S4322A - Details

See Assembly Version of this Bill:: A3477
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S2488
2025-2026: S3674

2021-S4322A - Summary

Provides a judicial remedy to resolve complaints related to utility bills that have an alleged amount of damages exceeding twenty-five thousand dollars.

2021-S4322A - Sponsor Memo

                                
 
BILL NUMBER: S4322A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to providing a judi-
cial remedy to resolve complaints related to utility bills

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to grant certain utility customers the abil-
ity to have the substance of their complaint against a utility or other
provider of gas and electricity service resolved in court.

 
SUMMARY OF PROVISIONS:

Section one of the bill would amend section 66 of the public service law
by creating a judicial remedy for utility customers disputing more than
$25,000 against their utility. A legal action, in any court of competent
jurisdiction pursuant to this remedy, must be commenced prior to the
commencement of an informal hearing or informal review pursuant to 16

NYCRR 12.5.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Presently in New York, residential and non-residential customers have to
exclusively comply with a quasi-judicial, administrative process estab-
lished by the Public Service Commission ("PSC") and Department of Public
Service ("DPS") to resolve complaints against utilities.  The only time
a complainant may appear in court in regard to their complaint is pursu-
ant to an Article 78 proceeding, but the court in such a proceeding does
not review the facts and evidence the underlying dispute to make a new
determination on the merits, and as such is weighed against consumers.
While the PSC and DPS are in a jurisdictional position to resolve
complaints against utilities, complainants can suffer from long delays,
years in some cases, before receiving a final resolution as to their
complaint, nor can they have a court review the merits of their case
after final agency determination.

Enacting a judicial remedy in relation to resolving utility complaints
is not an alien concept, as the neighboring states of Connecticut and
New Jersey presently provide for such a remedy. By removing from the
pool of complaints for administrative resolution those complaints where
it makes fiscal since to utilize judicial forum, this bill will help fix
this issue of fairness and delays in the system, and allow for faster
resolution by the PSC/DPS for those complaints that remain in the admin-
istrative system, where the amount in dispute is often less the $1000.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2021-S4322A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4322--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public service law, in relation to providing a judi-
   cial remedy to resolve complaints related to utility bills
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 5 of section 66 of the public service law, as
 amended by chapter 134 of the laws  of  1921,  is  amended  to  read  as
 follows:
   5.  Examine  all  persons,  corporations  and municipalities under its
 supervision and keep informed as to the methods, practices,  regulations
 and  property  employed  by  them  in the transaction of their business.
 Whenever the commission shall be of opinion, after a  hearing  had  upon
 its own motion or upon complaint, that the rates, charges or classifica-
 tions  or  the  acts  or  regulations of any such person, corporation or
 municipality are unjust, unreasonable, unjustly discriminatory or unduly
 preferential or in anywise in violation of any  provision  of  law,  the
 commission  shall  determine and prescribe in the manner provided by and
 subject to the provisions of section seventy-two of this [chapter] ARTI-
 CLE the just and reasonable rates, charges and classifications thereaft-
 er to be in force for the service to be furnished notwithstanding that a
 higher or lower rate or charge has heretofore been prescribed by general
 or special statute, contract, grant,  franchise  condition,  consent  or
 other  agreement, and the just and reasonable acts and regulations to be
 done and observed; and whenever the  commission  shall  be  of  opinion,
 after  a  hearing  had  upon  its own motion or upon complaint, that the
 property, equipment or appliances of any  such  person,  corporation  or
 municipality are unsafe, inefficient or inadequate, the commission shall
 determine  and  prescribe  the  safe,  efficient  and adequate property,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08805-02-1

 S. 4322--A                          2
 
 equipment and appliances thereafter to be used, maintained and  operated
 for  the security and accommodation of the public and in compliance with
 the provisions of law and of their  franchises  and  charters.  NOTWITH-
 STANDING  ANY  OTHER  PROVISION  OF  THIS ARTICLE, A CUSTOMER OF ANY GAS
 CORPORATION, ELECTRIC CORPORATION OR COMBINATION GAS AND ELECTRIC CORPO-
 RATION, OR A CUSTOMER OF  ANY  OTHER  PERSON,  COMPANY,  OR  CORPORATION
 PROVIDING  ELECTRICITY  OR  GAS  SERVICE  TO CUSTOMERS MAY, PRIOR TO THE
 COMMENCEMENT OF AN INFORMAL HEARING OR INFORMAL REVIEW  PURSUANT  TO  16
 NYCRR  12.5,  COMMENCE AN ACTION IN ANY COURT OF COMPETENT JURISDICTION;
 PROVIDED, SUCH ACTION SHALL ONLY BE COMMENCED WHEN THE ALLEGED AMOUNT OF
 DAMAGES IN CONTROVERSY EXCEEDS TWENTY-FIVE THOUSAND DOLLARS.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

2021-S4322B (ACTIVE) - Details

See Assembly Version of this Bill:: A3477
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S2488
2025-2026: S3674

2021-S4322B (ACTIVE) - Summary

Provides a judicial remedy to resolve complaints related to utility bills that have an alleged amount of damages exceeding twenty-five thousand dollars.

2021-S4322B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4322B

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to providing a judi-
cial remedy to resolve complaints related to utility bills

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to grant certain utility customers the abil-
ity to have the substance of their complaint against a utility or other
provider of gas and electricity service resolved in court.

 
SUMMARY OF PROVISIONS:

Section one of the bill would amend section 66 of the public service law
by creating a judicial remedy for utility customers disputing more than
$25,000 against their utility. A legal action, in any court of competent
jurisdiction pursuant to this remedy, must be commenced prior to the
commencement of an informal hearing or informal review pursuant to 16
NYCRR 12.5.

Section two of the bill provides the effective date.

 
JUSTIFICATION:

Presently in New York, residential and non-residential customers have to
exclusively comply with a quasi-judicial, administrative process estab-
lished by the Public Service Commission ("PSC") and Department of Public
Service ("DPS") to resolve complaints against utilities.  The only time
a complainant may appear in court in regard to their complaint is pursu-
ant to an Article 78 proceeding, but the court in such a proceeding does
not review the facts and evidence the underlying dispute to make a new
determination on the merits, and as such is weighed against consumers.
While the PSC and DPS are in a jurisdictional position to resolve
complaints against utilities, complainants can suffer from long delays,
years in some cases, before receiving a final resolution as to their
complaint, nor can they have a court review the merits of their case
after final agency determination.

Enacting a judicial remedy in relation to resolving utility complaints
is not an alien concept, as the neighboring states of Connecticut and
New Jersey presently provide for such a remedy. By removing from the
pool of complaints for administrative resolution those complaints where
it makes fiscal since to utilize judicial forum, this bill will help fix
this issue of fairness and delays in the system, and allow for faster
resolution by the PSC/DPS for those complaints that remain in the admin-
istrative system, where the amount in dispute is often less the $1000.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2021-S4322B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4322--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Energy and Telecommunications in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public service law, in relation to providing a judi-
   cial remedy to resolve complaints related to utility bills
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 66 of the public service  law,  as
 amended  by  chapter  134  of  the  laws  of 1921, is amended to read as
 follows:
   5. Examine all persons,  corporations  and  municipalities  under  its
 supervision  and keep informed as to the methods, practices, regulations
 and property employed by them in  the  transaction  of  their  business.
 Whenever  the  commission  shall be of opinion, after a hearing had upon
 its own motion or upon complaint, that the rates, charges or classifica-
 tions or the acts or regulations of  any  such  person,  corporation  or
 municipality are unjust, unreasonable, unjustly discriminatory or unduly
 preferential  or  in  anywise  in violation of any provision of law, the
 commission shall determine and prescribe in the manner provided  by  and
 subject to the provisions of section seventy-two of this [chapter] ARTI-
 CLE the just and reasonable rates, charges and classifications thereaft-
 er to be in force for the service to be furnished notwithstanding that a
 higher or lower rate or charge has heretofore been prescribed by general
 or  special  statute,  contract,  grant, franchise condition, consent or
 other agreement, and the just and reasonable acts and regulations to  be
 done  and  observed;  and  whenever  the commission shall be of opinion,
 after a hearing had upon its own motion  or  upon  complaint,  that  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08805-04-2

 S. 4322--B                          2
 
 property,  equipment  or  appliances  of any such person, corporation or
 municipality are unsafe, inefficient or inadequate, the commission shall
 determine and prescribe  the  safe,  efficient  and  adequate  property,
 equipment  and appliances thereafter to be used, maintained and operated
 for the security and accommodation of the public and in compliance  with
 the  provisions  of  law  and of their franchises and charters. NOTWITH-
 STANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRARY, A CUSTOMER
 OF ANY GAS CORPORATION, ELECTRIC CORPORATION, STEAM CORPORATION  OR  ANY
 COMBINATION  THEREOF,  OR  A  CUSTOMER  OF ANY OTHER PERSON, COMPANY, OR
 CORPORATION PROVIDING ELECTRICITY, STEAM OR  GAS  SERVICE  TO  CUSTOMERS
 MAY, PRIOR TO, OR IN LIEU OF, THE COMMENCEMENT OF AN INFORMAL HEARING OR
 INFORMAL  REVIEW  PURSUANT  TO  16  NYCRR  12.5, OR BEFORE COMMENCING AN
 ACTION PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND
 RULES  FOLLOWING  A  FORMAL REGULATORY BODY DECISION, COMMENCE AN ACTION
 UNDER ANY LEGAL THEORY AGAINST ANY PARTY OR  REGULATORY  BODY,  FOR  ANY
 CLAIMS  IN  ANY  COURT  OF  COMPETENT JURISDICTION TO ENFORCE ANY RIGHTS
 PROVIDED TO SUCH CUSTOMER. ANY COURT OF COMPETENT JURISDICTION REVIEWING
 ANY SUCH CLAIMS SHALL NOT BE REQUIRED TO DEFER  TO  A  REGULATORY  BODY.
 SUCH  ACTION  SHALL ONLY BE COMMENCED WHEN THE ALLEGED AMOUNT OF DAMAGES
 IN CONTROVERSY EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, INDIVIDUALLY OR  IN
 THE AGGREGATE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S4322B

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

Bill Amendments

2021-S4322 - Details

2021-S4322 - Summary

2021-S4322 - Sponsor Memo

2021-S4322 - Bill Text download pdf

2021-S4322A - Details

2021-S4322A - Summary

2021-S4322A - Sponsor Memo

2021-S4322A - Bill Text download pdf

2021-S4322B (ACTIVE) - Details

2021-S4322B (ACTIVE) - Summary

2021-S4322B (ACTIVE) - Sponsor Memo

2021-S4322B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

Bill Amendments

2021-S4322 - Details

2021-S4322 - Summary

2021-S4322 - Sponsor Memo

2021-S4322 - Bill Text download pdf

2021-S4322A - Details

2021-S4322A - Summary

2021-S4322A - Sponsor Memo

2021-S4322A - Bill Text download pdf

2021-S4322B (ACTIVE) - Details

2021-S4322B (ACTIVE) - Summary

2021-S4322B (ACTIVE) - Sponsor Memo

2021-S4322B (ACTIVE) - Bill Text download pdf

Comments