S T A T E O F N E W Y O R K
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10221
I N A S S E M B L Y
May 14, 2024
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Woerner,
Weinstein) -- (at request of the Department of Public Service) -- read
once and referred to the Committee on Ways and Means
AN ACT to amend the abandoned property law, in relation to unclaimed
deposits and refunds for utility services furnished by energy services
companies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 103 of the abandoned property law is amended by
adding a new subdivision (j) to read as follows:
(J) "ENERGY SERVICES COMPANY" OR "ESCO" SHALL MEAN AN ENTITY ELIGIBLE
TO SELL ENERGY SERVICES TO END-USE CUSTOMERS USING THE TRANSMISSION OR
DISTRIBUTION SYSTEM OF A UTILITY.
§ 2. Subdivision (f) of section 103 of the abandoned property law, as
amended by chapter 498 of the laws of 1944 and relettered by chapter 908
of the laws of 1974, is amended to read as follows:
(f) "Utility services" means gas, electricity or steam supplied by a
gas, electric, gas and electric or district steam corporation OR AN
ENERGY SERVICES COMPANY, telephone, telegraph or other service furnished
by a telephone, telegraph or telegraph and telephone corporation, water
supplied by a waterworks corporation, or appliances, equipment, instal-
lations, fixtures or appurtenances rented by any such corporation OR
COMPANY.
§ 3. The opening paragraph of subdivision 1 of section 400 of the
abandoned property law, as amended by chapter 498 of the laws of 1944,
is amended to read as follows:
The following unclaimed moneys held or owing by a gas corporation, an
electric corporation, a gas and electric corporation, a district steam
corporation, AN ENERGY SERVICES COMPANY, a telegraph corporation, a
telephone corporation, a telegraph and telephone corporation, or a
waterworks corporation, shall be deemed abandoned property:
§ 4. Paragraphs (a) and (b) of subdivision 1 of section 400 of the
abandoned property law, as amended by chapter 78 of the laws of 1976,
are amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14458-01-4
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(a) Any deposit made by a consumer or subscriber with such a corpo-
ration OR COMPANY to secure the payment for utility services furnished
by such corporation OR COMPANY, or the amount of such deposit after
deducting any sums due to such corporation OR COMPANY by such consumer
or subscriber, together with any interest due thereon, which shall have
remained unclaimed by the person or persons appearing to be entitled
thereto for two years after the termination of the utility services to
secure the payment of which such deposit was made, or, if during such
two year period utility services are furnished by such corporation OR
COMPANY to such consumer or subscriber and such deposit is held by such
corporation OR COMPANY to secure payment therefor, for two years after
the termination of such utility services.
(b) Any amount paid by a consumer or subscriber to such a corporation
OR COMPANY in advance or in anticipation of utility services furnished
or to be furnished by such corporation OR COMPANY which in fact is not
furnished, after deducting any sums due to such corporation OR COMPANY
by such consumer or subscriber for utility services in fact furnished,
which shall have remained unclaimed by the person or persons appearing
to be entitled thereto for two years after the termination of the utili-
ty services for which such amount was paid in advance or in antic-
ipation, or, if during such period utility services are furnished by
such corporation OR COMPANY to such consumer or subscriber and such
amount is applied to the payment in advance or in anticipation of such
utility services, for two years after the termination of such utility
services.
§ 5. Paragraph (c) of subdivision 1 of section 400 of the abandoned
property law, as amended by chapter 833 of the laws of 1963, is amended
to read as follows:
(c) The amount of any refund of excess or increased rates or charges
heretofore or hereafter collected by any such corporation OR COMPANY for
utility services lawfully furnished by such corporation OR COMPANY which
has been or shall hereafter lawfully be ordered refunded to a consumer
or other person or persons entitled thereto, together with any interest
due thereon, less any lawful deductions, which shall have remained
unclaimed by the person or persons entitled thereto for two years from
the date it became payable in accordance with the final determination or
order providing for such refund.
§ 6. Subdivision 2 of section 400 of the abandoned property law is
amended to read as follows:
2. Any such abandoned property held or owing by such a corporation OR
COMPANY to which the right to receive the same is established to the
satisfaction of such corporation OR COMPANY shall cease to be deemed
abandoned.
§ 7. Subdivision 1 of section 402 of the abandoned property law, as
amended by section 11 of part A of chapter 61 of the laws of 2011, is
amended to read as follows:
1. Every such corporation OR COMPANY shall cause to be published, on
or before the first day of September in each year, a notice entitled:
"NOTICE OF CERTAIN UNCLAIMED PROPERTY HELD BY (name of corporation OR
COMPANY)."
§ 8. Paragraph (a) of subdivision 3 of section 402 of the abandoned
property law is amended to read as follows:
(a) that a report of unclaimed amounts of money or other property held
or owing by it has been made to the state comptroller and that a list of
the names of the person or persons appearing from the records of such
corporation OR COMPANY to be entitled thereto is on file and open to
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public inspection at its principal office or place of business in any
city, village or county where any such abandoned property is payable;
§ 9. Subdivision 4 of section 402 of the abandoned property law is
amended to read as follows:
4. Such corporation OR COMPANY shall file with the state comptroller
on or before the tenth day of September in each year proof by affidavit
of such publication.
§ 10. Subdivisions 1 and 2 of section 403 of the abandoned property
law, as amended by section 12 of part A of chapter 61 of the laws of
2011, are amended to read as follows:
1. In such succeeding month of October, and on or before the tenth day
thereof, every such corporation OR COMPANY shall pay to the state comp-
troller all property which, as of the first day of July next preceding,
was deemed abandoned pursuant to section four hundred of this article,
held or owing by such corporation OR COMPANY.
2. Such payment shall be accompanied by a true and accurate report
setting forth such information as the state comptroller may require
relating to such abandoned property including:
(a) as to abandoned property specified in paragraphs (a) and (b) of
subdivision one of section four hundred of this article:
(i) the name and last known address of each depositor or subscriber
appearing from the records of such corporation OR COMPANY to be entitled
to receive any such abandoned property;
(ii) the date when the deposit was made or amount paid;
(iii) the amount of such deposit or payment;
(iv) the date when utility services furnished to such consumer or
subscriber ceased;
(v) any sums due and unpaid to the corporation OR COMPANY by such
consumer or subscriber, with interest thereon from the date of termi-
nation of service;
(vi) the amount of interest due upon such deposit or payment on any
balance thereof that has remained with such corporation OR COMPANY and
not been credited to such consumer's or subscriber's account;
(vii) the amount of such abandoned property; and
(viii) such other identifying information as the state comptroller may
require.
(b) as to abandoned property specified in paragraph (c) of subdivision
one of section four hundred of this article:
(i) the name and last known address of each person appearing from the
records of such corporation OR COMPANY to be entitled to receive the
same;
(ii) the amount appearing from such records to be due each such
person;
(iii) the date payment became due; and
(iv) such other identifying information as the state comptroller may
require.
§ 11. This act shall take effect immediately.