S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5325
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 and the general business law, in
   relation to requiring  utility  corporations,  municipalities,  water-
   works corporations, and telephone service providers to allow customers
   to use their preferred name and pronouns
 
   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
 31-a to read as follows:
   §  31-A.  USE  OF PREFERRED NAME AND PRONOUNS. 1. EVERY UTILITY CORPO-
 RATION OR MUNICIPALITY SHALL PROVIDE APPLICANTS FOR RESIDENTIAL  SERVICE
 AND  RESIDENTIAL  CUSTOMERS WITH A CONVENIENT OPTION TO REQUEST THAT THE
 UTILITY CORPORATION OR MUNICIPALITY  USE  THEIR  PREFERRED  NAME  AND/OR
 PREFERRED  PRONOUNS  IN  ALL  WRITTEN OR ORAL COMMUNICATIONS BETWEEN THE
 UTILITY CORPORATION OR MUNICIPALITY AND THE APPLICANT  OR  CUSTOMER,  AS
 WELL  AS  ALL STATEMENTS OR DOCUMENTATION RELATING TO A CUSTOMER'S RESI-
 DENTIAL SERVICE, REGARDLESS OF  WHETHER  SUCH  APPLICANT  OR  CUSTOMER'S
 PREFERRED NAME DIFFERS FROM THEIR CURRENT LEGAL NAME.
   2.  IF  AN  APPLICANT  OR CUSTOMER'S PREFERRED NAME DIFFERS FROM THEIR
 CURRENT LEGAL NAME, A UTILITY CORPORATION OR  MUNICIPALITY  MAY  REQUIRE
 SUCH APPLICANT OR CUSTOMER TO PROVIDE REASONABLE PROOF OF IDENTITY USING
 THEIR LEGAL NAME, PROVIDED THAT SUCH INFORMATION SHALL BE USED SOLELY TO
 VERIFY  THE  APPLICANT  OR  CUSTOMER'S  IDENTITY  OR  FOR OTHER PURPOSES
 REQUIRED BY LAW.
   3. NO UTILITY CORPORATION OR MUNICIPALITY SHALL:
   (A) WILLFULLY AND REPEATEDLY FAIL TO USE AN  APPLICANT  OR  CUSTOMER'S
 PREFERRED NAME AND/OR PREFERRED PRONOUNS AFTER BEING CLEARLY INFORMED OF
 THE PREFERRED NAME AND/OR PREFERRED PRONOUNS PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04805-01-1

 S. 5325                             2
 
   (B)  REQUIRE  AN  APPLICANT OR CUSTOMER TO SPECIFY THEIR SEXUAL ORIEN-
 TATION OR GENDER IDENTITY OR EXPRESSION IN ORDER TO USE THEIR  PREFERRED
 NAME AND/OR PREFERRED PRONOUNS.
   § 2. Section 89-b of the public service law is amended by adding a new
 subdivision 12 to read as follows:
   12.  (A)  EVERY WATER-WORKS CORPORATION SHALL PROVIDE CUSTOMERS WITH A
 CONVENIENT OPTION TO REQUEST THAT THE WATER-WORKS CORPORATION USE  THEIR
 PREFERRED NAME AND/OR PREFERRED PRONOUNS IN ALL WRITTEN OR ORAL COMMUNI-
 CATIONS BETWEEN THE WATER-WORKS CORPORATION AND THE CUSTOMER, AS WELL AS
 ALL  STATEMENTS OR DOCUMENTATION RELATING TO A CUSTOMER'S WATER SERVICE,
 REGARDLESS OF WHETHER SUCH CUSTOMER'S PREFERRED NAME DIFFERS FROM  THEIR
 CURRENT LEGAL NAME.
   (B)  IF  A  CUSTOMER'S PREFERRED NAME DIFFERS FROM THEIR CURRENT LEGAL
 NAME, A WATER-WORKS CORPORATION MAY REQUIRE  SUCH  CUSTOMER  TO  PROVIDE
 REASONABLE  PROOF OF IDENTITY USING THEIR LEGAL NAME, PROVIDED THAT SUCH
 INFORMATION SHALL BE USED SOLELY TO VERIFY THE  CUSTOMER'S  IDENTITY  OR
 FOR OTHER PURPOSES REQUIRED BY LAW.
   (C) NO WATER-WORKS CORPORATION SHALL:
   (I)  WILLFULLY  AND REPEATEDLY FAIL TO USE A CUSTOMER'S PREFERRED NAME
 AND/OR PREFERRED PRONOUNS AFTER BEING CLEARLY INFORMED OF THE  PREFERRED
 NAME  AND/OR PREFERRED PRONOUNS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION; OR
   (II) REQUIRE A CUSTOMER TO SPECIFY THEIR SEXUAL ORIENTATION OR  GENDER
 IDENTITY  OR  EXPRESSION  IN  ORDER  TO  USE THEIR PREFERRED NAME AND/OR
 PREFERRED PRONOUNS.
   § 3. The general business law is amended by adding a new section  399-
 zzzzz to read as follows:
   §  399-ZZZZZ.  USE OF PREFERRED NAME AND PRONOUNS. 1. FOR THE PURPOSES
 OF THIS SECTION, "TELEPHONE SERVICE PROVIDER"  MEANS  ANY  COMPANY  THAT
 PROVIDES  VOICE  SERVICE UTILIZING ANY TECHNOLOGY, REGARDLESS OF WHETHER
 SUCH PROVIDER IS REGULATED PURSUANT TO THE PUBLIC SERVICE LAW.
   2. EVERY TELEPHONE SERVICE PROVIDER SHALL  PROVIDE  CUSTOMERS  WITH  A
 CONVENIENT  OPTION  TO  REQUEST  THAT THE TELEPHONE SERVICE PROVIDER USE
 THEIR PREFERRED NAME AND/OR PREFERRED PRONOUNS IN ALL  WRITTEN  OR  ORAL
 COMMUNICATIONS  BETWEEN THE TELEPHONE SERVICE PROVIDER AND THE CUSTOMER,
 AS WELL AS ALL STATEMENTS OR  DOCUMENTATION  RELATING  TO  A  CUSTOMER'S
 TELEPHONE  SERVICE, REGARDLESS OF WHETHER SUCH CUSTOMER'S PREFERRED NAME
 DIFFERS FROM THEIR CURRENT LEGAL NAME.
   3. IF A CUSTOMER'S PREFERRED NAME DIFFERS  FROM  THEIR  CURRENT  LEGAL
 NAME,  A TELEPHONE SERVICE PROVIDER MAY REQUIRE SUCH CUSTOMER TO PROVIDE
 REASONABLE PROOF OF IDENTITY USING THEIR LEGAL NAME, PROVIDED THAT  SUCH
 INFORMATION  SHALL  BE  USED SOLELY TO VERIFY THE CUSTOMER'S IDENTITY OR
 FOR OTHER PURPOSES REQUIRED BY LAW.
   4. NO TELEPHONE SERVICE PROVIDER SHALL:
   (A) WILLFULLY AND REPEATEDLY FAIL TO USE A CUSTOMER'S  PREFERRED  NAME
 AND/OR  PREFERRED PRONOUNS AFTER BEING CLEARLY INFORMED OF THE PREFERRED
 NAME AND/OR PREFERRED PRONOUNS  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
 SECTION; OR
   (B)  REQUIRE  A CUSTOMER TO SPECIFY THEIR SEXUAL ORIENTATION OR GENDER
 IDENTITY OR EXPRESSION IN ORDER  TO  USE  THEIR  PREFERRED  NAME  AND/OR
 PREFERRED PRONOUNS.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.