The New York State Senate

 
                     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 shall be deemed repealed.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.