S T A T E O F N E W Y O R K
________________________________________________________________________
5328
2023-2024 Regular Sessions
I N A S S E M B L Y
March 7, 2023
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to requiring the
establishment of utility customer financial assistance programs and
arrears reporting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
28 to read as follows:
§ 28. CUSTOMER ARREARS PROGRAM REPORTING. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ASSISTANCE PROGRAM" SHALL MEAN ANY PROGRAM OFFERED TO ELIGIBLE
LOW-INCOME CUSTOMERS TO ASSIST WITH THE COSTS OF ELECTRICITY, GAS, AND
WATER, INCLUDING BUT NOT LIMITED TO THE LOW-INCOME HOME ENERGY ASSIST-
ANCE PROGRAM, ANY LOW-INCOME AFFORDABILITY PLANS AS PROVIDED BY PUBLIC
SERVICE COMMISSION CASE NUMBER 14-M-0565, AND/OR ANY OTHER FINANCIAL
ASSISTANCE PROGRAM PROVIDED THROUGH OR BY NEW YORK STATE OR INDIVIDUAL
UTILITIES, COUNTIES OR MUNICIPALITIES;
(B) "COVID-19 STATE OF EMERGENCY" SHALL MEAN THE STATE DISASTER EMER-
GENCY DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO
THOUSAND TWENTY;
(C) "MUNICIPALITY" SHALL HAVE THE SAME MEANING AS SUBDIVISION
SIXTEEN OF SECTION TWO OF THIS ARTICLE AND SHALL INCLUDE POTABLE
WATER DISTRICTS AND POTABLE WATER SYSTEMS OWNED AND/OR OPERATED BY A
CITY, TOWN, VILLAGE, AUTHORITY OR OTHER GOVERNMENTAL SUBDIVISION; AND
(D) "UTILITY" SHALL MEAN A MUNICIPALITY, UTILITY CORPORATION AS
DEFINED IN SUBDIVISIONS TWENTY-THREE AND TWENTY-FOUR, WATER-WORKS CORPO-
RATION AS DEFINED IN SUBDIVISION TWENTY-SEVEN, AN ELECTRIC CORPORATION
AS DEFINED IN SUBDIVISION THIRTEEN, A GAS CORPORATION AS DEFINED IN
SUBDIVISION ELEVEN, A COMBINATION GAS AND ELECTRIC CORPORATION AS
DEFINED IN SUBDIVISION FOURTEEN, A STEAM CORPORATION AS DEFINED IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01883-01-3
A. 5328 2
SUBDIVISION TWENTY-TWO OF SECTION TWO OF THIS ARTICLE AND ANY OTHER
COMMUNITY WATER SYSTEM AS DEFINED IN 10 NYCRR 5-1.1.
2. (A) EACH UTILITY SHALL, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF
THIS SECTION, SUBMIT TO THE COMMISSION, IN A FORM AND MANNER DETERMINED
BY THE COMMISSION, A REPORT ON THE NUMBER OF ITS CUSTOMERS IN ARREARS,
THE NUMBER IN ARREARS AT NINETY DAYS OR GREATER AND THE TOTAL DOLLAR
AMOUNT OF CUSTOMER ARREARS.
(B) WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSION SHALL REQUIRE THAT UTILITIES AND/OR MUNICI-
PALITIES ESTABLISH FINANCIAL ASSISTANCE PROGRAMS, RELATED TO THE PAYBACK
OF CUSTOMER ARREARS ESTABLISHED DUE TO THE COVID-19 STATE OF EMERGENCY
WHICH SHALL BE EITHER TWENTY-FOUR MONTH OR THIRTY-SIX MONTH PAYMENT
PLANS.
§ 2. This act shall take effect immediately.