Assembly Bill A1368

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1368--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. ROZIC, COLTON, RIVERA, L. ROSENTHAL -- Multi-
   Sponsored by -- M.    of  A.  J. M. GIGLIO,  LUPARDO,  PEOPLES-STOKES,
   ZEBROWSKI  -- read once and referred to the Committee on Corporations,
   Authorities and Commissions --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the public service law, the general business law and the
   public authorities law, in relation to third-party notification
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 40 of the public service law, as amended by chapter
 631 of the laws of 1992, is amended to read as follows:
   § 40. Voluntary third-party [notice prior to termination  of  service]
 NOTIFICATION.  1. Every utility corporation or municipality shall permit
 a  residential  customer  to  designate  a  [third-party] THIRD PARTY to
 receive NOTICE OF THE TOTAL AMOUNT DUE OR PAST DUE  ON  ALL  BILLS,  THE
 AMOUNTS OF ANY PAYMENTS PAID BY OR ON BEHALF OF SUCH RESIDENTIAL CUSTOM-
 ER,  AND  copies  of all notices relating to termination of service [or]
 AND NOTICES RELATING TO collection of amounts due sent to such  residen-
 tial  customer,  provided  that the designated [third-party] THIRD PARTY
 indicates in writing a willingness to receive such notices, AND PROVIDED
 FURTHER, WHERE A RESIDENTIAL CUSTOMER  OPTS  FOR  THIRD-PARTY  NOTIFICA-
 TIONS,  SUCH  RESIDENTIAL  CUSTOMER  MAY OPT TO CONTINUE TO RECEIVE SUCH
 NOTICES.
   2. Every utility corporation or municipality shall permit a  landlord,
 upon  written  request  of  both the landlord and tenant, to designate a
 [third-party] THIRD PARTY to be notified of all requests for  discontin-
 uance  of  service  to units [owned] OCCUPIED by such [landlord] TENANT,
 PROVIDED THAT THE DESIGNED THIRD PARTY INDICATES IN WRITING  A  WILLING-
 NESS TO RECEIVE SUCH NOTICES, AND PROVIDED FURTHER, WHERE THE TENANT AND
 LANDLORD  CUSTOMERS  OPT  FOR THIRD-PARTY NOTIFICATIONS, SUCH TENANT AND
 LANDLORD CUSTOMERS MAY OPT TO CONTINUE TO RECEIVE SUCH NOTICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00459-03-3
              

 A. 1368--A                          2
 
   § 2. The general business law is amended by adding a new section 393-f
 to read as follows:
   §  393-F.  VOLUNTARY  THIRD-PARTY  NOTIFICATION. 1. EVERY TELEGRAPH OR
 TELEPHONE CORPORATION,  CABLE  TELEVISION  CORPORATION,  CELLULAR  PHONE
 COMPANY,  OR  MUNICIPALITY SHALL PERMIT A RESIDENTIAL CUSTOMER TO DESIG-
 NATE A THIRD PARTY TO RECEIVE NOTICE OF THE TOTAL AMOUNT DUE OR PAST DUE
 ON ALL BILLS, THE AMOUNTS OF ANY PAYMENTS PAID BY OR ON BEHALF  OF  SUCH
 RESIDENTIAL  CUSTOMER, AND COPIES OF ALL NOTICES RELATING TO TERMINATION
 OF SERVICE AND NOTICES RELATING TO COLLECTION OF  AMOUNTS  DUE  SENT  TO
 SUCH  RESIDENTIAL  CUSTOMER,  PROVIDED  THAT  THE DESIGNATED THIRD PARTY
 INDICATES IN WRITING A WILLINGNESS TO RECEIVE SUCH NOTICES, AND PROVIDED
 FURTHER, WHERE A RESIDENTIAL CUSTOMER  OPTS  FOR  THIRD-PARTY  NOTIFICA-
 TIONS,  SUCH  RESIDENTIAL  CUSTOMER  MAY OPT TO CONTINUE TO RECEIVE SUCH
 NOTICES.
   2. EVERY TELEGRAPH OR TELEPHONE CORPORATION, CABLE  TELEVISION  CORPO-
 RATION, CELLULAR PHONE COMPANY, OR MUNICIPALITY SHALL PERMIT A LANDLORD,
 UPON  WRITTEN  REQUEST  OF  BOTH THE LANDLORD AND TENANT, TO DESIGNATE A
 THIRD PARTY TO BE NOTIFIED OF ALL REQUESTS FOR DISCONTINUANCE OF SERVICE
 TO UNITS OCCUPIED BY SUCH TENANT, PROVIDED  THAT  THE  DESIGNATED  THIRD
 PARTY  INDICATES  IN  WRITING A WILLINGNESS TO RECEIVE SUCH NOTICES, AND
 PROVIDED FURTHER, WHERE THE TENANT AND LANDLORD CUSTOMERS OPT FOR THIRD-
 PARTY NOTIFICATIONS, SUCH TENANT  AND  LANDLORD  CUSTOMERS  MAY  OPT  TO
 CONTINUE TO RECEIVE SUCH NOTICES.
   § 3. Section 1020-f of the public authorities law, as added by chapter
 517  of the laws of 1986, is amended by adding two new subdivisions (jj)
 and (kk) to read as follows:
   (JJ) THE AUTHORITY AND ITS SERVICE PROVIDER SHALL PERMIT A RESIDENTIAL
 CUSTOMER TO DESIGNATE A THIRD PARTY  TO  RECEIVE  NOTICE  OF  THE  TOTAL
 AMOUNT DUE OR PAST DUE ON ALL BILLS, THE AMOUNTS OF ANY PAYMENTS PAID BY
 OR  ON  BEHALF  OF  SUCH RESIDENTIAL CUSTOMER, AND COPIES OF ALL NOTICES
 RELATING TO TERMINATION OF SERVICE AND NOTICES RELATING TO COLLECTION OF
 AMOUNTS DUE SENT TO SUCH RESIDENTIAL CUSTOMER, PROVIDED THAT THE  DESIG-
 NATED    THIRD  PARTY INDICATES IN WRITING A WILLINGNESS TO RECEIVE SUCH
 NOTICES, AND PROVIDED FURTHER, WHERE A  RESIDENTIAL  CUSTOMER  OPTS  FOR
 THIRD-PARTY NOTIFICATIONS, SUCH RESIDENTIAL CUSTOMER MAY OPT TO CONTINUE
 TO RECEIVE SUCH NOTICES.
   (KK)  THE  AUTHORITY AND ITS SERVICE PROVIDER SHALL PERMIT A LANDLORD,
 UPON WRITTEN REQUEST OF BOTH THE LANDLORD AND  TENANT,  TO  DESIGNATE  A
 THIRD PARTY TO BE NOTIFIED OF ALL REQUESTS FOR DISCONTINUANCE OF SERVICE
 TO UNITS OCCUPIED BY SUCH TENANT, PROVIDED  THAT  THE  DESIGNATED  THIRD
 PARTY  INDICATES  IN  WRITING A WILLINGNESS TO RECEIVE SUCH NOTICES, AND
 PROVIDED FURTHER, WHERE THE TENANT AND LANDLORD CUSTOMERS OPT FOR THIRD-
 PARTY NOTIFICATIONS, SUCH TENANT  AND  LANDLORD  CUSTOMERS  MAY  OPT  TO
 CONTINUE TO RECEIVE SUCH NOTICES.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.