S T A T E O F N E W Y O R K
________________________________________________________________________
6609
2021-2022 Regular Sessions
I N A S S E M B L Y
March 19, 2021
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to extending a mora-
torium on utility termination of services after the COVID-19 state of
emergency is lifted or expires; and to amend chapter 108 of the laws
of 2020 amending the public service law, relating to issuing a morato-
rium on utility termination of services during periods of pandemics
and/or state of emergencies, in relation to the effectiveness thereof;
and providing for the repeal of certain provisions upon expiration
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 32 of the public service law, as
added by chapter 108 of the laws of 2020, is amended to read as follows:
7. For a period of one hundred eighty days after the COVID-19 state of
emergency is lifted or expires, OR UNTIL DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no utility corporation or
municipality shall terminate or disconnect the service of a residential
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 due to the COVID-19
state of emergency, as defined by the department. The utility corpo-
ration or municipality shall provide such residential customer with the
right to enter into, or restructure, a deferred payment agreement with-
out the requirement of a down payment, late fees, or penalties, as such
is provided for in this article.
§ 2. Subdivision 9 of section 89-b of the public service law, as added
by chapter 108 of the laws of 2020, is amended and a new subdivision
10-a is added to read as follows:
9. For a period of one hundred eighty days after the COVID-19 state of
emergency is lifted or expires, OR UNTIL DECEMBER THIRTY-FIRST, TWO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05968-03-1
A. 6609 2
THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no water-works corporation
shall terminate or disconnect the service of a residential customer
account because of defaulted deferred payment agreements 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 emergen-
cy, as defined by the department. The water-works corporation shall
provide such residential customer with the right to enter into, or
restructure, a deferred payment without the requirement of a down
payment, late fees, or penalties, as such is provided for in article two
of this chapter.
10-A. THE PUBLIC SERVICE COMMISSION SHALL HAVE THE AUTHORITY TO ADJU-
DICATE 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.
§ 3. Subdivision 10 of section 91 of the public service law, as
amended by section 1 of part B of chapter 126 of the laws of 2020, is
amended to read as follows:
10. For a period of one hundred eighty days after the COVID-19 state
of emergency is lifted or expires, OR UNTIL DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no telephone corporation
shall terminate or disconnect the service of a residential 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 emergen-
cy, as defined by the department. The telephone corporation shall
provide such residential customer with the right to enter into, or
restructure, a deferred payment agreement without the requirement of a
down payment, late fees, or penalties.
§ 4. Subdivision 4 of section 89-l of the public service law, as added
by chapter 108 of the laws of 2020, is amended and a new subdivision 5-a
is added to read as follows:
4. For a period of one hundred eighty days after the COVID-19 state of
emergency is lifted or expires, OR UNTIL DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no municipality shall termi-
nate or discontinue the service of a residential customer because of
bill arrears, taxes, or fees owed to the 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 municipality shall
provide a residential service customer that has experienced a change in
financial circumstances due to the COVID-19 state of emergency with the
right to enter into, or restructure, a deferred payment agreement with-
out the requirement of a down payment, late fees, or penalties, as such
is provided for in article two of this chapter.
5-A. 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.
§ 5. Section 5 of 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, as
amended by section 2 of part B of chapter 126 of the laws of 2020, is
amended to read as follows:
A. 6609 3
§ 5. This act shall take effect immediately and shall expire [March
31, 2021] DECEMBER THIRTY-FIRST, 2021 when upon such date the provisions
of this act shall be deemed repealed.
§ 6. This act shall take effect immediately; provided, however, that:
(a) the amendments to subdivision 7 of section 32 of the public
service law made by section one of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith;
(b) the amendments to subdivision 9 of section 89-b of the public
service law made by section two of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith;
(c) subdivision 10-a of section 89-b of the public service law as
added by section two 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;
(d) the amendments to subdivision 10 of section 91 of the public
service law made by section three of this act shall not affect the
repeal of such subdivision and shall be deemed repealed therewith;
(e) the amendments to subdivision 4 of section 89-l of the public
service law made by section four of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith; and
(f) subdivision 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.