Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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May 11, 2021 | signed chap.106 |
Apr 29, 2021 | delivered to governor |
Mar 31, 2021 | returned to senate passed assembly ordered to third reading rules cal.47 substituted for a6255a |
Mar 31, 2021 | substituted by s1453b |
Mar 30, 2021 | ordered to third reading rules cal.47 rules report cal.47 reported |
Mar 25, 2021 | print number 6255a |
Mar 25, 2021 | amend (t) and recommit to rules |
Mar 24, 2021 | reported referred to rules reported referred to ways and means |
Mar 16, 2021 | reported referred to codes |
Mar 11, 2021 | referred to corporations, authorities and commissions |
assembly Bill A6255A
Signed By Governor2021-2022 Legislative Session
Relates to extending a moratorium on utility termination of services after the COVID-19 state of emergency is lifted or expires
Sponsored By
RICHARDSON
Archive: Last Bill Status Via S1453 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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Actions
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Votes
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Mar 30, 2021 - floor Vote
S1453B549floor54Aye9Nay0Absent0Excused0Abstained-
show floor vote details
Floor Vote: Mar 30, 2021
aye (54)- Addabbo
- Bailey
- Benjamin
- Biaggi
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- Palumbo
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
Feb 23, 2021 - floor Vote
S1453A594floor59Aye4Nay0Absent0Excused0Abstained-
show floor vote details
Floor Vote: Feb 23, 2021
aye (59)- Addabbo
- Akshar
- Bailey
- Benjamin
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
Jan 19, 2021 - Energy and Telecommunications committee Vote
S145371committee7Aye1Nay1Aye with Reservations0Absent0Excused0Abstained -
show floor vote details
Co-Sponsors
Crystal Peoples-Stokes
Amy Paulin
Richard Gottfried
Vivian Cook
- view additional co-sponsors
N. Nick Perry
Jeffrey Dinowitz
William Colton
Donna Lupardo
Linda Rosenthal
Thomas Abinanti
Harry B. Bronson
Dan Quart
Steven Otis
Rodneyse Bichotte Hermelyn
Jo Anne Simon
Rebecca Seawright
Robert C. Carroll
Yuh-Line Niou
Judy Griffin
Mathylde Frontus
Charles Fall
Karines Reyes
Steve Stern
Jonathan Jacobson
Sarah Clark
A6255 - Details
- See Senate Version of this Bill:
- S1453
- Law Section:
- Public Service Law
- Laws Affected:
- Amd §§32, 89-b, 89-l, 91 & 216, Pub Serv L; amd §5, Chap 108 of 2020; add §399-zzzzz, Gen Bus L
A6255 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6255 2021-2022 Regular Sessions I N A S S E M B L Y March 11, 2021 ___________ Introduced by M. of A. RICHARDSON -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend chapter 108 of the laws of 2020, amending the public service law relating to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies, in relation to making such provisions permanent; to amend the public service law, the public authorities law and the general business law, in relation to issuing a moratorium on utility termination of services; and to repeal certain provisions of the public service law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 5 of chapter 108 of the laws of 2020, amending the public service law relating to issuing a moratorium on utility termi- nation of services during periods of pandemics and/or state of emergen- cies, as amended by section 2 of part B of chapter 126 of the laws of 2020, is amended to read as follows: § 5. This act shall take effect immediately [and shall expire March 31, 2021 when upon such date the provisions of this act shall be deemed repealed]. § 2. Subdivisions 6, 7, 8 and 9 of section 32 of the public service law, subdivision 6 as amended and subdivisions 7, 8 and 9 as added by chapter 108 of the laws of 2020, are amended to read as follows: 6. No utility corporation or municipality shall terminate or discon- nect services to any residential customer OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPO- RARY CUSTOMER, (III) HIGH ENERGY CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD10211-01-1 A. 6255 2 DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, for the non-payment of an overdue charge for the duration of [the] A state disaster emergency declared pursuant to SECTION TWENTY-EIGHT OF THE executive [order two hundred two of two thousand twenty (herein after "the COVID-19 state of emergency")] LAW ISSUED IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. Utility corporations and municipalities shall have a duty to restore service, to the extent not already required under this chapter, to any residential customer within forty-eight hours if such service has been terminated FOR NON-PAYMENT during the pendency of the [COVID-19] state [of] DISASTER emergency. 7. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO utility corporation or munici- pality shall terminate or disconnect the service of a residential OR SMALL BUSINESS customer because of defaulted deferred payment agreements or arrears owed to the utility corporation or municipality when such customer has experienced a change in financial circumstances AS DEFINED BY THE DEPARTMENT due to [the COVID-19] A state [of] DISASTER emergen- cy[, as defined by the department] AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION. The utility corporation or municipality shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in this article WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 8. Every utility corporation or municipality shall provide notice to residential AND SMALL BUSINESS customers, in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this article. 9. Implementation of the provisions of this section shall not prohibit a utility or municipality from recovering lost or deferred revenues after the lifting or expiration of [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Noth- ing in this section shall prohibit a utility corporation or municipality from disconnecting service necessary to protect the health and safety of customers and the public. § 3. Subdivision 6 of section 32 of the public service law, as added by chapter 686 of the laws of 2002, is REPEALED. § 4. Subdivisions 9, 10 and 11 of section 89-b of the public service law, as added by chapter 108 of the laws of 2020, are amended to read as follows: 9. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO water-works corporation shall terminate or disconnect the service of a residential customer account OR THE ACCOUNT OF A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THER- A. 6255 3 EOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, because of defaulted deferred payment agreements or arrears owed to the water-works corporation when such customer has experienced a change in financial circumstances, AS DEFINED BY THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER emergency[, as defined by the department] DECLARED PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW ISSUED IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. The water-works corporation shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in article two of this chapter WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 10. Every water-works corporation OR SMALL BUSINESS shall provide notice to residential customers, in a writing to be included with a bill statement or, when appropriate, via electronic transmission, the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 11. Implementation of the provisions of this section shall not prohib- it a water-works corporation from recovering lost or deferred revenues after the lifting or expiration of the [COVID-19] state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Noth- ing in this section shall prohibit a water-works corporation from disconnecting service when it is necessary to protect the health and safety of customers and the public. § 5. Section 89-l of the public service law, as added by chapter 715 of the laws of 1931, subdivisions 3, 4, 5 and 6 as added by chapter 108 of the laws of 2020, is amended to read as follows: § 89-l. Municipal water systems. 1. For the purposes of this section, and for the purposes of any jurisdiction conferred by it upon the public service commission, a municipality is one which owns, maintains or oper- ates, or proposes to own, maintain or operate, a water system, or which sells, furnishes or distributes, or proposes to sell, furnish or distribute, water for domestic, commercial or public uses, whether provided by its own system or the system of a water-works corporation or another municipality. As so limited, the term "municipality" for the purposes of this section, means a city, town, village or public district; and a "public district," as here used, is a district or other territorial division, whether incorporated or not, whose affairs are managed by any officer or officers, person or persons, elected by voters or taxpayers or appointed by a public officer or officers, and includes, without excluding others, a water district, water supply district and a fire district. The other provisions of this chapter shall not apply to A. 6255 4 such a municipality, nor to its said business of owning, maintaining or operating a water system or of selling, furnishing or distributing water, except such provisions as are applied by this section by express reference. The jurisdiction of the public service commission, with respect to such a municipality or its said business, is that, and only that, provided for in this section. 2. Each such municipality shall file with the public service commis- sion a copy of the annual report of its division, bureau or department of water. 3. No municipality shall terminate or discontinue residential service OR SERVICE TO A SMALL BUSINESS WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM- ER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, for the nonpayment of bills, taxes, or fees for the duration of [the] A state disaster emergency declared pursuant to [executive order two hundred two of two thousand twenty (hereinafter the "COVID-19 state of emergency")] SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. Every municipality shall have a duty to restore service to any residential customer within forty-eight hours of the effective date of this subdivision if such service has been terminated FOR NON-PAYMENT during the pendency of [the COVID-19] A state [of] DISASTER emergency. 4. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO municipality shall terminate or discontinue the service of a residential OR SMALL BUSINESS customer because of bill arrears, taxes, or fees owed to the municipality when such customer has experienced a change in financial circumstances, AS DEFINED BY THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER emergency[, as defined by the department] AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. The municipality shall provide a residential OR SMALL BUSINESS service customer that has experienced a change in finan- cial circumstances due to the [COVID-19] state [of] DISASTER emergency with the right to enter into, or restructure, a deferred payment agree- ment without the requirement of a down payment, late fees, or penalties, as such is provided for in article two of this chapter, WITH SUCH PROHI- BITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 5. Every municipality shall provide notice to residential AND SMALL BUSINESS customers in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circumstances due to the [COVID-19] state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 6. Implementation of the provisions of this section shall not prohibit a municipality from recovering lost or deferred revenues after the lift- ing or expiry of [the COVID-19] A state [of] DISASTER emergency, provided that such means are not inconsistent with the provisions of A. 6255 5 this article. Nothing in this section shall prohibit a municipality from disconnecting service when it is necessary to protect the health and safety of customers and the public. 7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, FOR THE PURPOSES OF SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF THIS SECTION, A "MUNICIPALITY" SHALL ALSO INCLUDE A PUBLIC WATER AUTHORITY ESTABLISHED PURSUANT TO ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW. EVERY MUNICIPALITY SHALL BE SUBJECT TO THE JURISDICTION OF THE COMMIS- SION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF THIS SECTION PURSUANT TO SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER. § 6. Subdivisions 9, 10, 11 and 12 of section 91 of the public service law, subdivisions 9, 10 and 12 as amended by section 1 of part B of chapter 126 of the laws of 2020, subdivision 11 as added by chapter 108 of the laws of 2020, are amended to read as follows: 9. No telephone corporation shall terminate or disconnect ANY SERVICES PROVIDED BY ITS INFRASTRUCTURE TO a residential service customer OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCE- DURES, for the non-payment of an overdue charge for the duration of [the] A state disaster emergency declared pursuant to SECTION TWENTY- EIGHT OF THE executive [order two hundred two of two thousand twenty (hereinafter "the COVID-19 state of emergency")] LAW IN RESPONSE TO A STATE, NATIONAL OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIF- ICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. Telephone corporations shall have a duty to restore service, to the extent not already required under this chapter, at the request of any residential OR SMALL BUSINESS customer within forty-eight hours if such service has been terminated during the pendency of the [COVID-19] state [of] DISAS- TER emergency and disconnection of such service was due to non-payment of an overdue charge. 10. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO telephone corporation shall terminate or disconnect [the service] ANY SERVICES PROVIDED BY ITS INFRASTRUCTURE of a residential OR SMALL BUSINESS customer account because of defaulted deferred payment agreements or arrears then owed to the telephone corporation when such customer has experienced a change in financial circumstances AS DEFINED BY THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER emergency[, as defined by the depart- ment] AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION. The telephone corporation shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agree- ment without the requirement of a down payment, late fees, or penalties, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICA- BLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 11. Every telephone corporation shall provide notice to residential customers, AND TO THOSE SMALL BUSINESS CUSTOMERS SET FORTH IN SUBDIVI- SION NINE OF THIS SECTION, in a writing to be included with a bill statement or, when appropriate, via electronic transmission the A. 6255 6 provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 12. Implementation of the provisions of this section shall not prohib- it a telephone corporation from recovering lost or deferred revenues after the lifting or expiration of [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Noth- ing in this section shall prohibit a telephone corporation from discon- necting service at the request of a customer. Nothing in this section shall prohibit a telephone corporation from disconnecting service when it is necessary to protect the health and safety of customers and the public. § 7. Section 216 of the public service law is amended by adding five new subdivisions 6, 7, 8, 9 and 10 to read as follows: 6. NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDENTIAL SERVICE CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, OR (III) CUSTOMER THAT THE CABLE TELEVISION COMPANY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE CABLE TELEVISION COMPANY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER EMERGENCY DECLARED PURSUANT TO AN EXECUTIVE ORDER ISSUED IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIF- ICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. CABLE TELE- VISION COMPANIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED UNDER THIS CHAPTER, AT THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDENCY OF THE STATE DISASTER EMERGENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE. 7. NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE OF A RESIDENTIAL OR SMALL BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS THEN OWED TO THE CABLE TELEVISION COMPANY WHEN SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES, AS DEFINED BY THE DEPARTMENT, DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVI- SION SIX OF THIS SECTION. THE CABLE TELEVISION COMPANY SHALL PROVIDE SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITHOUT THE REQUIRE- MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 8. EVERY CABLE TELEVISION COMPANY SHALL PROVIDE NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION THE PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUM- A. 6255 7 STANCES DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS SECTION AND ARTICLE TWO OF THIS CHAPTER. 9. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT A CABLE TELEVISION COMPANY FROM RECOVERING LOST OR DEFERRED REVENUES AFTER THE LIFTING OR EXPIRATION OF A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION, PURSUANT TO SUCH MEANS FOR RECOVERY AS ARE PROVIDED FOR IN THIS CHAPTER, AND BY MEANS NOT INCON- SISTENT WITH ANY OF THE PROVISIONS OF THIS ARTICLE. NOTHING IN THIS SECTION SHALL PROHIBIT A CABLE TELEVISION COMPANY FROM DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL PROHIBIT A CABLE TELEVISION COMPANY FROM DISCONNECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC. 10. EVERY CABLE TELEVISION COMPANY SHALL BE SUBJECT TO THE JURISDIC- TION OF THE COMMISSION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN, EIGHT AND NINE OF THIS SECTION PURSUANT TO SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER, AND ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER. § 8. Subdivision 1 of section 1020-s of the public authorities law, as amended by chapter 415 of the laws of 2017, is amended to read as follows: 1. The rates, services and practices relating to the electricity generated by facilities owned or operated by the authority shall not be subject to the provisions of the public service law or to regulation by, or the jurisdiction of, the public service commission, except to the extent (a) article seven of the public service law applies to the siting and operation of a major utility transmission facility as defined there- in, (b) article ten of such law applies to the siting of a generating facility as defined therein, (c) section eighteen-a of such law provides for assessment for certain costs, property or operations, (d) to the extent that the department of public service reviews and makes recommen- dations with respect to the operations and provision of services of, and rates and budgets established by, the authority pursuant to section three-b of such law, [and] (e) that section seventy-four of the public service law applies to qualified energy storage systems within the authority's jurisdiction, AND (F) SUBDIVISIONS SIX, SEVEN, EIGHT, NINE AND TEN OF SECTION THIRTY-TWO OF THE PUBLIC SERVICE LAW. § 9. The general business law is amended by adding a new section 399- zzzzz, to read as follows: § 399-ZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR DISCON- NECTIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "BROADBAND SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPA- BILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS SERVICE, AND SHALL INCLUDE SERVICE PROVIDED BY COMMERCIAL MOBILE TELEPHONE SERVICE PROVID- ERS, BUT SHALL NOT INCLUDE DIAL-UP SERVICE. 2. NO PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDEN- TIAL SERVICE CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, OR (III) CUSTOMER THAT THE BROADBAND SERVICE PROVIDER CAN DEMONSTRATE HAS THE A. 6255 8 RESOURCES TO PAY THE BILL, PROVIDED THAT THE BROADBAND SERVICE PROVIDER NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM- ER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER EMERGENCY DECLARED PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT- TERM WEATHER-RELATED DISASTER EMERGENCY. SUCH PERSONS OR ENTITIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED, AT THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY- EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDENCY OF THE STATE DISASTER EMERGENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE. 3. NO PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDEN- TIAL OR SMALL BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS THEN OWED TO SUCH PERSONS OR ENTITIES WHEN SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION. THE PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL PROVIDE SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW WITHOUT THE REQUIRE- MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL PROVIDE NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION THE PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW. 5. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM RECOVERING LOST OR DEFERRED REVENUES AFTER THE LIFTING OR EXPIRATION OF A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, PURSUANT TO SUCH MEANS FOR RECOVERY BY MEANS NOT INCONSISTENT WITH ANY OF THE PROVISIONS OF THIS SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC. 6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL A. 6255 9 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 10. This act shall take effect immediately; provided, however, that this act shall be applicable to relevant executive orders issued on or after the effective date of this act.
Co-Sponsors
Crystal Peoples-Stokes
Amy Paulin
Richard Gottfried
Vivian Cook
- view additional co-sponsors
N. Nick Perry
Jeffrey Dinowitz
William Colton
Donna Lupardo
Linda Rosenthal
Thomas Abinanti
Harry B. Bronson
Dan Quart
Steven Otis
Rodneyse Bichotte Hermelyn
Jo Anne Simon
Rebecca Seawright
Robert C. Carroll
Yuh-Line Niou
Judy Griffin
Mathylde Frontus
Charles Fall
Karines Reyes
Steve Stern
Jonathan Jacobson
Sarah Clark
Khaleel Anderson
Kimberly Jean-Pierre
Charles Barron
Anna Kelles
Demond Meeks
Nily Rozic
A6255A (ACTIVE) - Details
- See Senate Version of this Bill:
- S1453
- Law Section:
- Public Service Law
- Laws Affected:
- Amd §§32, 89-b, 89-l, 91 & 216, Pub Serv L; amd §5, Chap 108 of 2020; add §399-zzzzz, Gen Bus L
A6255A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6255--A 2021-2022 Regular Sessions I N A S S E M B L Y March 11, 2021 ___________ Introduced by M. of A. RICHARDSON, PEOPLES-STOKES, PAULIN, GOTTFRIED, COOK, PERRY, DINOWITZ, COLTON, LUPARDO, L. ROSENTHAL, ABINANTI, BRON- SON, QUART, OTIS, BICHOTTE HERMELYN, SIMON, SEAWRIGHT, CARROLL, NIOU, GRIFFIN, FRONTUS, FALL, REYES, STERN, JACOBSON, CLARK -- read once and referred to the Committee on Corporations, Authorities and Commissions -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Ways and Means -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT to amend chapter 108 of the laws of 2020, amending the public service law relating to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies, in relation to extending the effectiveness thereof; to amend the public service law and the general business law, in relation to issuing a moratorium on utility termination of services; and providing for the repeal of certain provisions upon the expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 5 of chapter 108 of the laws of 2020, amending the public service law relating to issuing a moratorium on utility termi- nation of services during periods of pandemics and/or state of emergen- cies, as amended by section 2 of part B of chapter 126 of the laws of 2020, is amended to read as follows: § 5. This act shall take effect immediately and shall expire [March 31, 2021] JULY 1, 2022 when upon such date the provisions of this act shall be deemed repealed. § 2. Subdivisions 6, 7, 8 and 9 of section 32 of the public service law, subdivision 6 as amended and subdivisions 7, 8 and 9 as added by chapter 108 of the laws of 2020, are amended to read as follows: 6. No utility corporation or municipality shall terminate or discon- nect services to any residential customer OR A SMALL BUSINESS CUSTOMER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD10211-04-1 A. 6255--A 2 WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (A) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (B) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (C) HIGH ENERGY CUSTOMER AS DEFINED BY THE COMMISSION, OR (D) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, for the non-payment of an overdue charge for the duration of the state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty (hereinafter "the COVID-19 state of emergency"). Utility corporations and municipalities shall have a duty to restore service, to the extent not already required under this chapter, to any residential OR SMALL BUSINESS customer within forty-eight hours if such service has been terminated during the pendency of the COVID-19 state of emergency. 7. For a period of one hundred eighty days after EITHER the COVID-19 state of emergency is lifted or expires OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no utility corporation or municipality shall terminate or disconnect the service of a residential OR SMALL BUSINESS customer because of defaulted deferred payment agree- ments or arrears owed to the utility corporation or municipality when such customer has experienced a change in financial circumstances due to the COVID-19 state of emergency, as defined by the department. The util- ity corporation or municipality shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in this article WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE COVID-19 STATE OF EMER- GENCY. 8. Every utility corporation or municipality shall provide notice to residential AND SMALL BUSINESS customers, in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to the COVID-19 state of emergency for the purpose of offer- ing such customers a deferred payment agreement consistent with the provisions of this article. 9. Implementation of the provisions of this section shall not prohibit a utility or municipality from recovering lost or deferred revenues after EITHER the lifting or expiration of the COVID-19 state of emergen- cy OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Nothing in this section shall prohibit a utility corpo- ration or municipality from disconnecting service necessary to protect the health and safety of customers and the public. § 3. Subdivisions 8, 9, 10 and 11 of section 89-b of the public service law, as added by chapter 108 of the laws of 2020, are amended and a new subdivision 12 is added to read as follows: 8. No water-works corporation shall terminate or disconnect the supply of water to residential accounts OR THE ACCOUNT OF A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (A) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (B) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (C) HIGH ENERGY CUSTOMER AS DEFINED BY THE COMMIS- SION, OR (D) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES A. 6255--A 3 TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, for the non-payment of water rents, rates or charges for the duration of the state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty (hereinafter "the COVID-19 state of emergency"). Water-works corporations shall have a duty to restore service, to the extent not already required under this chapter, to any residential OR SMALL BUSINESS customer within forty-eight hours if such service has been terminated during the pendency of the COVID-19 state of emergency. 9. For a period of one hundred eighty days after EITHER the COVID-19 state of emergency is lifted or expires OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no water-works corporation shall terminate or disconnect the service of a residential OR SMALL BUSINESS customer account because of defaulted deferred payment agree- ments or arrears owed to the water-works corporation when such customer has experienced a change in financial circumstances due to the COVID-19 state of emergency as defined by the department. The water-works corpo- ration shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in article two of this chapter. 10. Every water-works corporation shall provide notice to residential AND SMALL BUSINESS customers, in a writing to be included with a bill statement or, when appropriate, via electronic transmission, the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to the COVID-19 state of emergency for the purpose of offer- ing such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 11. Implementation of the provisions of this section shall not prohib- it a water-works corporation from recovering lost or deferred revenues after EITHER the lifting or expiration of the COVID-19 state of emergen- cy OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Nothing in this section shall prohibit a water-works corporation from disconnecting service when it is necessary to protect the health and safety of customers and the public. 12. THE PUBLIC SERVICE COMMISSION SHALL HAVE THE AUTHORITY TO ADJUDI- CATE COMPLAINTS AND CONDUCT INVESTIGATIONS FOR VIOLATION OF THIS SECTION IN THE MANNER PROVIDED BY THE PROVISIONS OF THIS ARTICLE AND SHALL HAVE THE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION IN ACCORDANCE WITH SECTION TWENTY-SIX OF THIS CHAPTER. § 4. Subdivisions 3, 4 and 5 of section 89-l of the public service law, as added by chapter 108 of the laws of 2020, are amended and two new subdivisions 4-a and 5-a are added to read as follows: 3. No municipality shall terminate or discontinue [residential] service TO, OR PLACE, SELL OR ENFORCE ANY LIEN ON THE REAL PROPERTY OF, A RESIDENTIAL CUSTOMER, A NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVES RESIDENTIAL PREMISES, OR A SMALL BUSINESS WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (A) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THER- EOF, (B) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (C) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (D) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE A. 6255--A 4 UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, for the nonpayment of bills, taxes, or fees, AND NO BILLS, TAXES, OR FEES CHARGED TO SUCH CUSTOMERS SHALL OTHERWISE BECOME A LIEN ON REAL PROPERTY, for the duration of the state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty (hereinafter the "COVID-19 state of emergency") OR AT ANY TIME WHEN A CUSTOMER IS IN COMPLIANCE WITH THE TERMS OF A DEFERRED PAYMENT AGREEMENT ENTERED INTO PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. Every municipality shall have a duty to restore service to any residential customer, NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVES RESIDENTIAL PREMISES, OR SMALL BUSINESS CUSTOMER within forty-eight hours of the effective date of this subdivision if such service has been terminated during the pendency of the COVID-19 state of emergency. 4. For a period of one hundred eighty days after EITHER the COVID-19 state of emergency is lifted or expires OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no municipality shall termi- nate or discontinue the service of, OR PLACE, SELL OR ENFORCE ANY LIEN ON THE REAL PROPERTY OF, a residential CUSTOMER, A NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVES RESIDENTIAL PREMISES OR SMALL BUSINESS customer because of bill arrears, taxes, or fees owed to the munici- pality when such customer has experienced a change in financial circum- stances due to the COVID-19 state of emergency, as defined by the department. The municipality shall provide a residential CUSTOMER, A NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVES RESIDENTIAL PREMISES, OR SMALL BUSINESS service customer that has experienced a change in finan- cial circumstances due to the COVID-19 state of emergency with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in article two of this chapter. THE DURATION OF A DEFERRED PAYMENT AGREEMENT ENTERED INTO OR RESTRUCTURED PURSUANT TO THIS SUBDIVI- SION SHALL BE DETERMINED AS SUCH IS PROVIDED FOR IN ARTICLE TWO OF THIS CHAPTER AND SHALL NOT BE LIMITED TO THE PERIOD DESCRIBED IN THE FIRST SENTENCE OF THIS SUBDIVISION. A DEFERRED PAYMENT AGREEMENT ENTERED INTO OR RESTRUCTURED PURSUANT TO THIS SUBDIVISION SHALL REMAIN SUBJECT TO THE PROVISIONS OF ARTICLE TWO OF THIS CHAPTER UNTIL THE TERMINATION OF THE AGREEMENT AS SUCH IS PROVIDED IN ARTICLE TWO OF THIS CHAPTER. 4-A. NO MUNICIPALITY SHALL TERMINATE OR DISCONTINUE SERVICE TO, OR PLACE, SELL OR ENFORCE ANY LIEN ON THE REAL PROPERTY OF ANY RESIDENTIAL CUSTOMER, NON-RESIDENTIAL CUSTOMER WHICH SERVES RESIDENTIAL PREMISES, OR A SMALL BUSINESS CUSTOMER FOR THE NONPAYMENT OF BILL ARREARS, TAXES, OR FEES AFTER EITHER THE COVID-19 STATE OF EMERGENCY IS LIFTED OR EXPIRES OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, UNLESS AT LEAST THIRTY DAYS PREVIOUSLY IT SENT TO THAT CUSTOMER A NOTICE OF ITS INTENTION TO DO SO TOGETHER WITH A NOTICE OF RIGHTS UNDER THIS SECTION IN THE FORM SET FORTH IN SUBDIVISION FIVE OF THIS SECTION 5. Every municipality shall provide notice, IN THE SAME FREQUENCY THAT THE CUSTOMER RECEIVES A REGULAR BILL, to residential CUSTOMERS, NON-RE- SIDENTIAL CUSTOMERS WHOSE ACCOUNTS SERVE RESIDENTIAL PREMISES, AND SMALL BUSINESS customers in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circumstances due to the COVID-19 state of emergency for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. A. 6255--A 5 5-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, FOR THE PURPOSES OF SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF THIS SECTION, A "MUNICIPALITY" SHALL ALSO INCLUDE A PUBLIC WATER AUTHOR- ITY ESTABLISHED PURSUANT TO ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW. EVERY MUNICIPALITY SHALL BE SUBJECT TO THE JURISDICTION OF THE COMMIS- SION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS THREE, FOUR, FOUR-A, FIVE, FIVE-A AND SIX OF THIS SECTION PURSUANT TO SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER. § 5. Subdivisions 9, 10, 11 and 12 of section 91 of the public service law, subdivisions 9, 10 and 12 as amended by section 1 of part B of chapter 126 of the laws of 2020, subdivision 11 as added by chapter 108 of the laws of 2020, are amended to read as follows: 9. No telephone corporation shall terminate or disconnect ANY SERVICES PROVIDED BY ITS INFRASTRUCTURE TO a residential service customer OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (A) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (B) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (C) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (D) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCE- DURES, for the non-payment of an overdue charge for the duration of the state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty (hereinafter "the COVID-19 state of emergency"). Telephone corporations shall have a duty to restore service, to the extent not already required under this chapter, at the request of any residential OR SMALL BUSINESS customer within forty-eight hours if such service has been terminated during the pendency of the COVID-19 state of emergency and disconnection of such service was due to non-payment of an overdue charge. 10. For a period of one hundred eighty days after EITHER the COVID-19 state of emergency is lifted or expires OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no telephone corporation shall terminate or disconnect [the service] ANY SERVICES PROVIDED BY ITS INFRASTRUCTURE of a residential OR SMALL BUSINESS customer account because of defaulted deferred payment agreements or arrears then owed to the telephone corporation when such customer has experienced a change in financial circumstances due to the COVID-19 state of emergency, as defined by the department. The telephone corporation shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE PENDENCY OF THE COVID-19 STATE OF EMERGENCY. 11. Every telephone corporation shall provide notice to residential customers AND SMALL BUSINESS CUSTOMERS, in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to the COVID-19 state of emergency for the purpose of offer- ing such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 12. Implementation of the provisions of this section shall not prohib- it a telephone corporation from recovering lost or deferred revenues after EITHER the lifting or expiration of the COVID-19 state of emergen- cy OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS A. 6255--A 6 EARLIER, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Nothing in this section shall prohibit a telephone corpo- ration from disconnecting service at the request of a customer. Nothing in this section shall prohibit a telephone corporation from disconnect- ing service when it is necessary to protect the health and safety of customers and the public. § 6. Section 216 of the public service law is amended by adding five new subdivisions 6, 7, 8, 9 and 10 to read as follows: 6. NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDENTIAL SERVICE CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (A) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (B) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, OR (C) CUSTOMER THAT THE CABLE TELE- VISION COMPANY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE CABLE TELEVISION COMPANY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY (HEREINAFTER "THE COVID-19 STATE OF EMERGENCY"). CABLE TELEVISION COMPANIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED UNDER THIS CHAPTER, AT THE REQUEST OF ANY RESIDEN- TIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDENCY OF THE COVID-19 STATE OF EMER- GENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE, PROVIDED, HOWEVER, THAT CABLE TELEVISION COMPANIES SHALL NOT BE REQUIRED TO RESTORE SERVICE TO ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER IF SUCH SERVICE HAD BEEN TERMINATED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION. 7. FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER EITHER THE COVID-19 STATE OF EMERGENCY IS LIFTED OR EXPIRES OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUC- TURE TO A RESIDENTIAL OR SMALL BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS THEN OWED TO THE CABLE TELEVISION COMPANY WHEN SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINAN- CIAL CIRCUMSTANCES, AS DEFINED BY THE DEPARTMENT, DUE TO THE COVID-19 STATE OF EMERGENCY. THE CABLE TELEVISION COMPANY SHALL PROVIDE SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITHOUT THE REQUIREMENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE PENDENCY OF THE COVID-19 STATE OF EMERGENCY. 8. EVERY CABLE TELEVISION COMPANY SHALL PROVIDE NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION OF THE PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUM- STANCES DUE TO THE COVID-19 STATE OF EMERGENCY FOR THE PURPOSE OF OFFER- ING SUCH CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS SECTION AND ARTICLE TWO OF THIS CHAPTER. 9. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT A CABLE TELEVISION COMPANY FROM RECOVERING LOST OR DEFERRED REVENUES AFTER EITHER THE LIFTING OR EXPIRATION OF THE COVID-19 STATE OF EMERGEN- CY OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS A. 6255--A 7 EARLIER, PURSUANT TO SUCH MEANS FOR RECOVERY AS ARE PROVIDED FOR IN THIS CHAPTER, AND BY MEANS NOT INCONSISTENT WITH ANY OF THE PROVISIONS OF THIS ARTICLE. NOTHING IN THIS SECTION SHALL PROHIBIT A CABLE TELEVISION COMPANY FROM DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL PROHIBIT A CABLE TELEVISION COMPANY FROM DISCON- NECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC. 10. EVERY CABLE TELEVISION COMPANY SHALL BE SUBJECT TO THE JURISDIC- TION OF THE COMMISSION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN, EIGHT AND NINE OF THIS SECTION PURSUANT TO SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER, AND ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER. § 7. The general business law is amended by adding a new section 399- zzzzz to read as follows: § 399-ZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR DISCON- NECTIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "BROADBAND SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPA- BILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS SERVICE, AND SHALL INCLUDE SERVICE PROVIDED BY COMMERCIAL MOBILE TELEPHONE SERVICE PROVID- ERS, BUT SHALL NOT INCLUDE DIAL-UP SERVICE. 2. NO PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDEN- TIAL SERVICE CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, OR (III) CUSTOMER THAT THE BROADBAND SERVICE PROVIDER CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE BROADBAND SERVICE PROVIDER NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM- ER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE DURATION OF THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY (HEREINAFTER "THE COVID-19 STATE OF EMERGENCY"). SUCH PERSONS OR ENTITIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED, AT THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDENCY OF THE COVID-19 STATE OF EMERGENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAY- MENT OF AN OVERDUE CHARGE, PROVIDED, HOWEVER, THAT SUCH PERSONS OR ENTI- TIES SHALL NOT BE REQUIRED TO RESTORE SERVICE TO ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER IF SUCH SERVICE HAD BEEN TERMINATED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. 3. FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER EITHER THE COVID-19 STATE OF EMERGENCY IS LIFTED OR EXPIRES OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, NO PERSON, BUSINESS, CORPO- RATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDENTIAL OR SMALL BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS THEN OWED TO SUCH PERSONS OR ENTITIES WHEN SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES, AS DEFINED BY THE DEPARTMENT OF PUBLIC SERVICE DUE TO THE COVID-19 STATE OF EMERGENCY. THE PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL PROVIDE SUCH RESIDEN- A. 6255--A 8 TIAL OR SMALL BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW WITHOUT THE REQUIREMENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE PENDENCY OF THE COVID-19 STATE OF EMERGENCY. 4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL PROVIDE NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION OF THE PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW. 5. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM RECOVERING LOST OR DEFERRED REVENUES AFTER EITHER THE LIFTING OR EXPIRATION OF THE COVID-19 STATE OF EMERGENCY OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, PURSUANT TO SUCH MEANS FOR RECOVERY BY MEANS NOT INCONSISTENT WITH ANY OF THE PROVISIONS OF THIS SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC. 6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 8. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or subpart of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or subpart thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the A. 6255--A 9 intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 9. This act shall take effect immediately; provided, however, that sections six and seven of this act shall expire and be deemed repealed on the same date and in the same manner as chapter 108 of the laws of 2020; and provided that: (a) the amendments to subdivisions 7, 8, and 9 of section 32 of the public service law made by section two of this act shall not affect the repeal of such subdivisions and shall be deemed repealed therewith; (b) the amendments to subdivision 6 of section 32 of the public service law made by section two of this act shall not affect the expira- tion of such subdivision and shall be deemed to expire therewith; (c) the amendments to subdivisions 8, 9, 10 and 11 of section 89-b of the public service law made by section three of this act shall not affect the repeal of such subdivisions and shall be deemed repealed therewith; (d) subdivision 12 of section 89-b of the public service law as added by section three of this act shall be repealed on the same date and in the same manner as chapter 108 of the laws of 2020, as amended; (e) the amendments to subdivisions 3, 4 and 5 of section 89-l of the public service law made by section four of this act shall not affect the repeal of such subdivisions and shall be deemed repealed therewith; (f) subdivisions 4-a and 5-a of section 89-l of the public service law as added by section four of this act shall be repealed on the same date and in the same manner as chapter 108 of the laws of 2020, as amended; and (g) the amendments to subdivisions 9, 10, 11 and 12 of section 91 of the public service law made by section five of this act shall not affect the repeal of such subdivisions and shall be deemed repealed therewith.