NY State Assembly Bill 2023-A7537A

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2024	print number 7537a
Mar 22, 2024	amend (t) and recommit to corporations, authorities and commissions
Jan 03, 2024	referred to corporations, authorities and commissions
May 25, 2023	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

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2023-A7537 - Details

See Senate Version of this Bill:: S6803
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Service Law
Laws Affected:: Add §§54, 77-a & 85-b, Pub Serv L

2023-A7537 - Summary

Prohibits utility corporations from imposing late fees, interest, or penalties during an investigation by the commission; allows retroactive late fees, interest, or penalties if a determination is made in favor of such utility corporation; prohibits utility services from being terminated during an investigation by the commission; requires utility corporations to notify customers of investigations

2023-A7537 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7537
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. SHRESTHA -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT to amend the public service law and the general business law, in
   relation to termination of certain utility services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer utility protections  during  investigations  act"  or  the
 "CUPDI act".
   §  2.  Section  2 of the public service law is amended by adding a new
 subdivision 30 to read as follows:
   30. THE TERM "INVESTIGATION," WHEN USED IN THIS CHAPTER, SHALL MEAN  A
 FORMAL  PROCEEDING  CONDUCTED BY THE COMMISSION TO EXAMINE THE POLICIES,
 PRACTICES, RATES, CHARGES, SERVICES, FACILITIES, OPERATIONS, OR  MANAGE-
 MENT OF A PUBLIC UTILITY CORPORATION OR TO DETERMINE COMPLIANCE WITH ANY
 LAW,  RULE,  REGULATION,  ORDER  OR  TARIFF  APPLICABLE TO SUCH UTILITY.
 "INVESTIGATION" SHALL  INCLUDE  THOSE  CONDUCTED  PURSUANT  TO  SECTIONS
 SEVENTY-ONE AND EIGHTY-NINE-I OF THIS CHAPTER.
   NOTWITHSTANDING  ANYTHING  TO  THE CONTRARY IN THIS CHAPTER, "INVESTI-
 GATION," AS DEFINED IN THIS SUBDIVISION  SHALL  NOT  INCLUDE  COMMISSION
 INQUIRIES  TRIGGERED  BY AN INDIVIDUAL CUSTOMER COMPLAINT FILED PURSUANT
 TO SECTION FORTY-THREE OF THIS CHAPTER.
   § 3. Subdivision 2 of section 32 of the public service law is  amended
 by  adding  five  new  paragraphs  (e), (f), (g), (h) and (i) to read as
 follows:
   (E) NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY, UTILITY SERVICE SHALL NOT  BE  TERMINATED  TO  RESIDENTIAL  OR
 COMMERCIAL  ACCOUNTS  FOR  NON-PAYMENT  OF  AN  OVERDUE  CHARGE FROM THE
 COMMENCEMENT OF ANY COMMISSION INVESTIGATION UNTIL  ONE  HUNDRED  TWENTY
 DAYS  AFTER THE FINDINGS OF SUCH INVESTIGATION HAVE BEEN PUBLISHED AND A
 DETERMINATION HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07069-07-3

 A. 7537                             2
 
 SHALL PROHIBIT A UTILITY CORPORATION OR MUNICIPALITY FROM  DISCONNECTING
 SERVICE  NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE
 PUBLIC.
   (F) NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY,  NO UTILITY CORPORATION OR MUNICIPALITY SHALL CHARGE, COLLECT,
 OR BE ALLOWED TO RECOVER OVERDUE CHARGES FROM RESIDENTIAL OR  COMMERCIAL
 CUSTOMERS  FROM  THE  COMMENCEMENT OF ANY COMMISSION INVESTIGATION UNTIL
 ONE HUNDRED TWENTY DAYS AFTER THE FINDINGS  OF  SUCH  INVESTIGATION  HAS
 BEEN PUBLISHED AND A DETERMINATION HAS BEEN ISSUED BY THE COMMISSION.
   (G)(I)  WITHIN  THREE  DAYS OF THE COMMENCEMENT OF SUCH INVESTIGATION,
 BOTH THE UTILITY CORPORATION AND THE DEPARTMENT SHALL INFORM RESIDENTIAL
 AND COMMERCIAL CUSTOMERS OF SUCH INVESTIGATION AND PAUSE ON ANY  OVERDUE
 CHARGES.
   (II)  FORMS  OF REQUIRED COMMUNICATION THAT SHALL BE MADE TO ALL RESI-
 DENTIAL AND COMMERCIAL CUSTOMERS SHALL INCLUDE BUT  NOT  BE  LIMITED  TO
 LETTERS,  NOTICES  ON  UTILITY  BILLS,  PHONE  CALLS, AND UPDATES ON THE
 PUBLIC WEBSITE FOR THE DEPARTMENT AND  UTILITY  CORPORATION  OR  MUNICI-
 PALITY BEING INVESTIGATED. THE UTILITY CORPORATION OR MUNICIPALITY BEING
 INVESTIGATED IS ALSO REQUIRED TO ADVERTISE IN ITS LOCAL NEWSPAPER WITHIN
 THREE DAYS OF THE COMMENCEMENT OF SUCH INVESTIGATION.
   (H)  IN  THE EVENT THE SERVICE TO A RESIDENTIAL OR COMMERCIAL CUSTOMER
 IS TERMINATED WITHOUT SUCH NOTICE AND CHARGED OVERDUE FEES, THE CUSTOMER
 IS ENTITLED TO TREBLE DAMAGES.
   (I) ANY OVERDUE CHARGES INCURRED BY A UTILITY CORPORATION  OR  MUNICI-
 PALITY  PURSUANT  TO THIS SECTION SHALL NOT BE RECOVERABLE FROM RATEPAY-
 ERS.
   § 4. Subdivision 3-b of section 89-b of  the  public  service  law  is
 amended by adding five new paragraphs (d), (e), (f), (g) and (h) to read
 as follows:
   (D) NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY,  UTILITY  SERVICE  SHALL  NOT BE TERMINATED AND NO WATER-WORKS
 CORPORATION SHALL TERMINATE OR DISCONNECT THE SUPPLY OF WATER  TO  RESI-
 DENTIAL OR COMMERCIAL ACCOUNTS FOR NON-PAYMENT OF AN OVERDUE CHARGE FROM
 THE COMMENCEMENT OF ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED TWEN-
 TY DAYS AFTER THE FINDINGS OF SUCH INVESTIGATION HAVE BEEN PUBLISHED AND
 A  DETERMINATION  HAS  BEEN  ISSUED  BY  THE COMMISSION. NOTHING IN THIS
 SECTION SHALL  PROHIBIT  A  UTILITY  CORPORATION  OR  MUNICIPALITY  FROM
 DISCONNECTING  SERVICE  NECESSARY  TO  PROTECT  THE HEALTH AND SAFETY OF
 CUSTOMERS AND THE PUBLIC.
   (E) NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY, NO  WATER-WORKS  CORPORATION  SHALL  CHARGE,  COLLECT,  OR  BE
 ALLOWED  TO  RECOVER  OVERDUE  CHARGES  FROM  RESIDENTIAL  OR COMMERCIAL
 CUSTOMERS FROM THE COMMENCEMENT OF ANY  COMMISSION  INVESTIGATION  UNTIL
 ONE  HUNDRED  TWENTY  DAYS  AFTER THE FINDINGS OF SUCH INVESTIGATION HAS
 BEEN PUBLISHED AND A DETERMINATION HAS BEEN ISSUED BY THE COMMISSION.
   (F) (I) WITHIN THREE DAYS OF THE COMMENCEMENT OF  SUCH  INVESTIGATION,
 BOTH THE UTILITY CORPORATION AND THE DEPARTMENT SHALL INFORM RESIDENTIAL
 AND  COMMERCIAL CUSTOMERS OF SUCH INVESTIGATION AND PAUSE ON ANY OVERDUE
 CHARGES.
   (II) FORMS OF REQUIRED COMMUNICATION THAT SHALL BE MADE TO  ALL  RESI-
 DENTIAL  AND  COMMERCIAL  CUSTOMERS  SHALL INCLUDE BUT NOT BE LIMITED TO
 LETTERS, NOTICES ON UTILITY BILLS,  PHONE  CALLS,  AND  UPDATES  ON  THE
 PUBLIC  WEBSITE  FOR  THE  DEPARTMENT AND UTILITY CORPORATION OR MUNICI-
 PALITY BEING INVESTIGATED. THE UTILITY CORPORATION OR MUNICIPALITY BEING
 INVESTIGATED IS ALSO REQUIRED TO ADVERTISE IN ITS LOCAL NEWSPAPER WITHIN
 THREE DAYS OF THE COMMENCEMENT OF SUCH INVESTIGATION.
 A. 7537                             3
 
   (G) IN THE EVENT THE SERVICE TO A RESIDENTIAL OR  COMMERCIAL  CUSTOMER
 IS TERMINATED WITHOUT SUCH NOTICE AND CHARGED OVERDUE FEES, THE CUSTOMER
 IS ENTITLED TO TREBLE DAMAGES.
   (H) ANY OVERDUE CHARGES INCURRED BY A WATER-WORKS CORPORATION PURSUANT
 TO THIS SECTION SHALL NOT BE RECOVERABLE FROM RATEPAYERS.
   §  5.  Section 89-l of the public service law is amended by adding two
 new subdivisions 3 and 4 to read as follows:
   3. (A) NO MUNICIPALITY SHALL TERMINATE OR DISCONTINUE SERVICE  TO,  OR
 PLACE, SELL OR ENFORCE A LIEN OF THE REAL PROPERTY OF ANY RESIDENTIAL OR
 COMMERCIAL  CUSTOMER  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 FROM THE COMMENCEMENT OF ANY COMMISSION INVESTI-
 GATION UNTIL ONE HUNDRED TWENTY DAYS AFTER THE FINDINGS OF SUCH INVESTI-
 GATION HAVE BEEN PUBLISHED AND A DETERMINATION HAS BEEN  ISSUED  BY  THE
 COMMISSION. NOTHING IN THIS SECTION SHALL PROHIBIT A UTILITY CORPORATION
 OR  MUNICIPALITY  FROM  DISCONNECTING  SERVICE  NECESSARY TO PROTECT THE
 HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC.
   (B) NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY, NO UTILITY CORPORATION OR MUNICIPALITY SHALL CHARGE,  COLLECT,
 OR  BE ALLOWED TO RECOVER OVERDUE CHARGES FROM RESIDENTIAL OR COMMERCIAL
 CUSTOMERS FROM THE COMMENCEMENT OF ANY  COMMISSION  INVESTIGATION  UNTIL
 ONE  HUNDRED  TWENTY  DAYS  AFTER THE FINDINGS OF SUCH INVESTIGATION HAS
 BEEN PUBLISHED AND A DETERMINATION HAS BEEN ISSUED BY THE COMMISSION.
   (C) (I) WITHIN THREE DAYS OF THE COMMENCEMENT OF SUCH INVESTIGATION, A
 MUNICIPALITY SHALL INFORM RESIDENTIAL AND COMMERCIAL CUSTOMERS  OF  SUCH
 INVESTIGATION AND PAUSE ON ANY OVERDUE CHARGES.
   (II)  FORMS  OF REQUIRED COMMUNICATION THAT SHALL BE MADE TO ALL RESI-
 DENTIAL AND COMMERCIAL CUSTOMERS SHALL INCLUDE BUT  NOT  BE  LIMITED  TO
 LETTERS,  NOTICES  ON  UTILITY  BILLS,  PHONE  CALLS, AND UPDATES ON THE
 PUBLIC WEBSITE FOR THE DEPARTMENT AND  UTILITY  CORPORATION  OR  MUNICI-
 PALITY BEING INVESTIGATED. THE UTILITY CORPORATION OR MUNICIPALITY BEING
 INVESTIGATED IS ALSO REQUIRED TO ADVERTISE IN ITS LOCAL NEWSPAPER WITHIN
 THREE DAYS OF THE COMMENCEMENT OF SUCH INVESTIGATION.
   (D)  IN  THE EVENT THE SERVICE TO A RESIDENTIAL OR COMMERCIAL CUSTOMER
 IS TERMINATED WITHOUT SUCH NOTICE AND CHARGED OVERDUE FEES, THE CUSTOMER
 IS ENTITLED TO TREBLE DAMAGES.
   (E) ANY OVERDUE CHARGES INCURRED BY A UTILITY CORPORATION  OR  MUNICI-
 PALITY  PURSUANT  TO THIS SECTION SHALL NOT BE RECOVERABLE FROM RATEPAY-
 ERS.
   4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 FOR  THE PURPOSES OF SUBDIVISION THREE OF THIS SECTION, A "MUNICIPALITY"
 SHALL ALSO INCLUDE A PUBLIC  WATER  AUTHORITY  ESTABLISHED  PURSUANT  TO
 ARTICLE  FIVE OF THE PUBLIC AUTHORITIES LAW. EVERY MUNICIPALITY SHALL BE
 SUBJECT TO THE JURISDICTION  OF  THE  COMMISSION  FOR  THE  PURPOSES  OF
 ENFORCING  THE  PROVISIONS OF SUBDIVISION THREE OF THIS SECTION PURSUANT
 TO SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER.
   § 6. Section 91 of the public service law is amended by adding  a  new
 subdivision 9 to read as follows:
   9.  (A)  NO  TELEPHONE  CORPORATION SHALL TERMINATE OR DISCONTINUE ANY
 SERVICES PROVIDED BY ITS INFRASTRUCTURE TO ANY RESIDENTIAL OR COMMERCIAL
 CUSTOMER FOR THE NONPAYMENT OF BILLS, TAXES OR FEES FROM  THE  COMMENCE-
 MENT OF ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED TWENTY DAYS AFTER
 THE  FINDINGS  OF  SUCH INVESTIGATION HAVE BEEN PUBLISHED AND A DETERMI-
 NATION HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION  SHALL
 PROHIBIT  A  UTILITY  CORPORATION  OR  MUNICIPALITY  FROM  DISCONNECTING
 A. 7537                             4
 
 SERVICE NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND  THE
 PUBLIC.
   (B) NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY,  NO TELEPHONE CORPORATION SHALL CHARGE, COLLECT, OR BE ALLOWED
 TO RECOVER OVERDUE CHARGES FROM RESIDENTIAL OR COMMERCIAL CUSTOMERS FROM
 THE COMMENCEMENT OF ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED TWEN-
 TY DAYS AFTER THE FINDINGS OF SUCH INVESTIGATION HAS BEEN PUBLISHED  AND
 A DETERMINATION HAS BEEN ISSUED BY THE COMMISSION.
   (C) (I) WITHIN THREE DAYS OF THE COMMENCEMENT OF SUCH INVESTIGATION, A
 TELEPHONE  CORPORATION SHALL INFORM RESIDENTIAL AND COMMERCIAL CUSTOMERS
 OF SUCH INVESTIGATION AND PAUSE ON ANY OVERDUE CHARGES.
   (II) FORMS OF REQUIRED COMMUNICATION THAT SHALL BE MADE TO  ALL  RESI-
 DENTIAL  AND  COMMERCIAL  CUSTOMERS  SHALL INCLUDE BUT NOT BE LIMITED TO
 LETTERS, NOTICES ON UTILITY BILLS,  PHONE  CALLS,  AND  UPDATES  ON  THE
 PUBLIC  WEBSITE  FOR  THE  DEPARTMENT AND UTILITY CORPORATION OR MUNICI-
 PALITY BEING INVESTIGATED. THE UTILITY CORPORATION OR MUNICIPALITY BEING
 INVESTIGATED IS ALSO REQUIRED TO ADVERTISE IN ITS LOCAL NEWSPAPER WITHIN
 THREE DAYS OF THE COMMENCEMENT OF SUCH INVESTIGATION.
   (D) IN THE EVENT THE SERVICE TO A RESIDENTIAL OR  COMMERCIAL  CUSTOMER
 IS TERMINATED WITHOUT SUCH NOTICE AND CHARGED OVERDUE FEES, THE CUSTOMER
 IS ENTITLED TO TREBLE DAMAGES.
   (E)  ANY  OVERDUE CHARGES INCURRED BY A TELEPHONE CORPORATION PURSUANT
 TO THIS SECTION SHALL NOT BE RECOVERABLE FROM RATEPAYERS.
   § 7. Section 216 of the public service law is amended by adding a  new
 subdivision 6 to read as follows:
   6.  (A) NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONTINUE ANY
 SERVICES PROVIDED BY ITS INFRASTRUCTURE TO ANY RESIDENTIAL OR COMMERCIAL
 CUSTOMER FOR THE NONPAYMENT OF BILLS, TAXES OR FEES FROM  THE  COMMENCE-
 MENT OF ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED TWENTY DAYS AFTER
 THE  FINDINGS  OF  SUCH INVESTIGATION HAVE BEEN PUBLISHED AND A DETERMI-
 NATION HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION  SHALL
 PROHIBIT  A  UTILITY  CORPORATION  OR  MUNICIPALITY  FROM  DISCONNECTING
 SERVICE NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND  THE
 PUBLIC.
   (B) NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY,  NO  CABLE  TELEVISION  COMPANY  SHALL  CHARGE, COLLECT, OR BE
 ALLOWED TO  RECOVER  OVERDUE  CHARGES  FROM  RESIDENTIAL  OR  COMMERCIAL
 CUSTOMERS  FROM  THE  COMMENCEMENT OF ANY COMMISSION INVESTIGATION UNTIL
 ONE HUNDRED TWENTY DAYS AFTER THE FINDINGS  OF  SUCH  INVESTIGATION  HAS
 BEEN PUBLISHED AND A DETERMINATION HAS BEEN ISSUED BY THE COMMISSION.
   (C) (I) WITHIN THREE DAYS OF THE COMMENCEMENT OF SUCH INVESTIGATION, A
 CABLE TELEVISION COMPANY SHALL INFORM RESIDENTIAL AND COMMERCIAL CUSTOM-
 ERS OF SUCH INVESTIGATION AND PAUSE ON ANY OVERDUE CHARGES.
   (II)  FORMS  OF REQUIRED COMMUNICATION THAT SHALL BE MADE TO ALL RESI-
 DENTIAL AND COMMERCIAL CUSTOMERS SHALL INCLUDE BUT  NOT  BE  LIMITED  TO
 LETTERS,  NOTICES  ON  UTILITY  BILLS,  PHONE  CALLS, AND UPDATES ON THE
 PUBLIC WEBSITE FOR THE DEPARTMENT AND  UTILITY  CORPORATION  OR  MUNICI-
 PALITY  BEING  INVESTIGATED.  THE  UTILITY CORPORATION, CABLE TELEVISION
 COMPANY OR MUNICIPALITY BEING INVESTIGATED IS ALSO REQUIRED TO ADVERTISE
 IN ITS LOCAL NEWSPAPER WITHIN THREE DAYS OF  THE  COMMENCEMENT  OF  SUCH
 INVESTIGATION.
   (D)  IN  THE EVENT THE SERVICE TO A RESIDENTIAL OR COMMERCIAL CUSTOMER
 IS TERMINATED WITHOUT SUCH NOTICE AND CHARGED OVERDUE FEES, THE CUSTOMER
 IS ENTITLED TO TREBLE DAMAGES.
   (E) ANY OVERDUE CHARGES INCURRED BY A CABLE TELEVISION COMPANY  PURSU-
 ANT TO THIS SECTION SHALL NOT BE RECOVERABLE FROM RATEPAYERS.
 A. 7537                             5
 
   §  8.  Section  399-zzzzz  of  the  general  business law, as added by
 section 1 of part NN of chapter 56 of the laws of 2021,  is  amended  by
 adding a new subdivision 11 to read as follows:
   11.  (A) NO PERSON, BUSINESS, CORPORATION OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE SHALL TERMINATE OR DISCONTINUE  ANY
 SERVICES PROVIDED BY ITS INFRASTRUCTURE TO ANY RESIDENTIAL OR COMMERCIAL
 CUSTOMER  FOR  THE NONPAYMENT OF BILLS, TAXES OR FEES FROM THE COMMENCE-
 MENT OF ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED TWENTY DAYS AFTER
 THE FINDINGS OF SUCH INVESTIGATION HAVE BEEN PUBLISHED  AND  A  DETERMI-
 NATION  HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION SHALL
 PROHIBIT  A  UTILITY  CORPORATION  OR  MUNICIPALITY  FROM  DISCONNECTING
 SERVICE  NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE
 PUBLIC.
   (B) NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY, NO PERSON, BUSINESS, CORPORATION OR THEIR AGENTS PROVIDING  OR
 SEEKING  TO  PROVIDE  BROADBAND  SERVICE  SHALL  CHARGE,  COLLECT, OR BE
 ALLOWED TO  RECOVER  OVERDUE  CHARGES  FROM  RESIDENTIAL  OR  COMMERCIAL
 CUSTOMERS  FROM  THE  COMMENCEMENT OF ANY COMMISSION INVESTIGATION UNTIL
 ONE HUNDRED TWENTY DAYS AFTER THE FINDINGS  OF  SUCH  INVESTIGATION  HAS
 BEEN PUBLISHED AND A DETERMINATION HAS BEEN ISSUED BY THE COMMISSION.
   (C)  (I)  WITHIN THREE DAYS OF THE COMMENCEMENT OF SUCH INVESTIGATION,
 SUCH BROADBAND SERVICE PROVIDER SHALL INFORM RESIDENTIAL AND  COMMERCIAL
 CUSTOMERS OF SUCH INVESTIGATION AND PAUSE ON ANY OVERDUE CHARGES.
   (II)  FORMS  OF REQUIRED COMMUNICATION THAT SHALL BE MADE TO ALL RESI-
 DENTIAL AND COMMERCIAL CUSTOMERS SHALL INCLUDE BUT  NOT  BE  LIMITED  TO
 LETTERS,  NOTICES  ON  UTILITY  BILLS,  PHONE  CALLS, AND UPDATES ON THE
 PUBLIC WEBSITE FOR THE DEPARTMENT AND  UTILITY  CORPORATION  OR  MUNICI-
 PALITY BEING INVESTIGATED. THE UTILITY CORPORATION OR MUNICIPALITY BEING
 INVESTIGATED IS ALSO REQUIRED TO ADVERTISE IN ITS LOCAL NEWSPAPER WITHIN
 THREE DAYS OF THE COMMENCEMENT OF SUCH INVESTIGATION.
   (D)  IN  THE EVENT THE SERVICE TO A RESIDENTIAL OR COMMERCIAL CUSTOMER
 IS TERMINATED WITHOUT SUCH NOTICE AND CHARGED OVERDUE FEES, THE CUSTOMER
 IS ENTITLED TO TREBLE DAMAGES.
   (E) ANY OVERDUE CHARGES INCURRED BY A PERSON, BUSINESS, CORPORATION OR
 THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE  PURSUANT
 TO THIS SECTION SHALL NOT BE RECOVERABLE FROM RATEPAYERS.
   §  9.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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2023-A7537A (ACTIVE) - Details

See Senate Version of this Bill:: S6803
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Service Law
Laws Affected:: Add §§54, 77-a & 85-b, Pub Serv L

2023-A7537A (ACTIVE) - Summary

2023-A7537A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7537--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SHRESTHA, GALLAGHER, AUBRY, JACOBSON, STECK,
   BURDICK, SIMON, MITAYNES, EPSTEIN, STIRPE, THIELE,  MAMDANI,  FORREST,
   CARROLL,  L. ROSENTHAL, DE LOS SANTOS, SEPTIMO, REYES -- read once and
   referred to the Committee on Corporations, Authorities and Commissions
   -- recommitted to  the  Committee  on  Corporations,  Authorities  and
   Commissions  in  accordance  with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public service law, in relation  to  termination  of
   certain utility services
 
   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
 54 to read as follows:
   §  54.  INVESTIGATIONS RELATING TO RESIDENTIAL GAS, ELECTRIC AND STEAM
 UTILITY SERVICE. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "INVESTI-
 GATION" SHALL MEAN A FORMAL PROCEEDING CONDUCTED BY  THE  COMMISSION  TO
 EXAMINE  THE  POLICIES, PRACTICES, RATES, CHARGES, SERVICES, FACILITIES,
 OPERATIONS, OR MANAGEMENT OF  A  UTILITY  CORPORATION  OR  TO  DETERMINE
 COMPLIANCE  WITH  ANY LAW, RULE, REGULATION, ORDER, OR TARIFF APPLICABLE
 TO SUCH UTILITY CORPORATION. THE TERM "INVESTIGATION" SHALL INCLUDE SUCH
 PROCEEDINGS CONDUCTED PURSUANT TO SECTION SEVENTY-ONE OF  THIS  CHAPTER.
 NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE TERM "INVESTIGATION" SHALL
 NOT  INCLUDE  COMMISSION  INQUIRIES  TRIGGERED BY AN INDIVIDUAL CUSTOMER
 COMPLAINT FILED PURSUANT TO SECTION FORTY-THREE OF THIS ARTICLE.
   2. (A) A UTILITY CORPORATION SHALL NOT IMPOSE LATE FEES,  INTEREST  OR
 PENALTIES  DURING  AN  INVESTIGATION  IF SUCH UTILITY CORPORATION IS THE
 SUBJECT OF A PENDING INVESTIGATION, PROVIDED  HOWEVER,  THAT  SUCH  LATE
 FEES, INTEREST AND PENALTIES MAY BE IMPOSED RETROACTIVELY IF SUCH INVES-
 TIGATION  IS FINALLY RESOLVED IN FAVOR OF SUCH UTILITY CORPORATION. SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07069-08-4
 A. 7537--A                          2

 
 LATE PAYMENT CHARGES SHALL BE IN  COMPLIANCE  WITH  THE  GUIDELINES  SET
 FORTH IN SECTION FORTY-TWO OF THIS ARTICLE.
   (B)  UPON THE FINAL DETERMINATION OF ANY INVESTIGATION COVERED BY THIS
 SECTION, THE COMMISSION SHALL EITHER (I) DETERMINE ANY ALLOWABLE  PENAL-
 TIES  THE  UTILITY  CORPORATION  MAY  IMPOSE UPON ITS CUSTOMERS, OR (II)
 WAIVE, OR PARTIALLY WAIVE, ANY INTEREST OR FEES CHARGED BY  THE  UTILITY
 CORPORATION TO THE CONSUMER ON SUCH CONSUMER'S BILLING STATEMENTS DURING
 A  PERIOD  SUCH  UTILITY  CORPORATION  DETERMINES  TO BE RELATED TO SUCH
 INVESTIGATION.
   3. NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO  THE
 CONTRARY,  UTILITY  SERVICE  SHALL  NOT  BE  TERMINATED  TO  RESIDENTIAL
 ACCOUNTS FOR NON-PAYMENT OF AN OVERDUE CHARGE FROM THE  COMMENCEMENT  OF
 ANY  COMMISSION  INVESTIGATION  UNTIL  ONE HUNDRED TWENTY DAYS AFTER THE
 FINDINGS OF SUCH INVESTIGATION HAVE BEEN PUBLISHED AND  A  DETERMINATION
 HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION SHALL PROHIB-
 IT A UTILITY CORPORATION FROM DISCONNECTING SERVICE NECESSARY TO PROTECT
 THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC.
   4.  (A)  WITHIN  TEN DAYS OF THE COMMENCEMENT OF AN INVESTIGATION, THE
 UTILITY CORPORATION SHALL NOTIFY RESIDENTIAL CUSTOMERS OF SUCH  INVESTI-
 GATION.  FORMS OF NOTIFICATION OF AN INVESTIGATION FROM A UTILITY CORPO-
 RATION TO A RESIDENTIAL CUSTOMER SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 LETTERS,  NOTICES  ON  UTILITY BILLS, PHONE CALLS, AND NOTICES POSTED ON
 THE UTILITY CORPORATION'S WEBSITE.
   (B) WITHIN THREE DAYS OF THE COMMENCEMENT  OF  AN  INVESTIGATION,  THE
 DEPARTMENT  SHALL  POST  A NOTICE TO THE GENERAL PUBLIC OF SUCH INVESTI-
 GATION ON ITS WEBSITE.
   § 2. The public service law is amended by adding a new section 77-a to
 read as follows:
   § 77-A. INVESTIGATIONS RELATING TO COMMERCIAL GAS AND ELECTRIC UTILITY
 SERVICE. 1. FOR THE PURPOSES OF THIS SECTION, THE  TERM  "INVESTIGATION"
 SHALL  MEAN  A  FORMAL PROCEEDING CONDUCTED BY THE COMMISSION TO EXAMINE
 THE POLICIES, PRACTICES, RATES,  CHARGES,  SERVICES,  FACILITIES,  OPER-
 ATIONS,  OR  MANAGEMENT OF A UTILITY CORPORATION OR TO DETERMINE COMPLI-
 ANCE WITH ANY LAW, RULE, REGULATION, ORDER OR TARIFF APPLICABLE TO  SUCH
 UTILITY   CORPORATION.  THE  TERM  "INVESTIGATION"  SHALL  INCLUDE  SUCH
 PROCEEDINGS CONDUCTED PURSUANT TO SECTION SEVENTY-ONE OF  THIS  ARTICLE.
 NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE TERM "INVESTIGATION" SHALL
 NOT  INCLUDE  COMMISSION  INQUIRIES  TRIGGERED BY AN INDIVIDUAL CUSTOMER
 COMPLAINT FILED PURSUANT TO SECTION FORTY-THREE OF THIS CHAPTER.
   2. (A) A UTILITY CORPORATION SHALL NOT IMPOSE LATE FEES,  INTEREST  OR
 PENALTIES  DURING  AN  INVESTIGATION  IF SUCH UTILITY CORPORATION IS THE
 SUBJECT OF A PENDING INVESTIGATION, PROVIDED  HOWEVER,  THAT  SUCH  LATE
 FEES, INTEREST AND PENALTIES MAY BE IMPOSED RETROACTIVELY IF SUCH INVES-
 TIGATION  IS FINALLY RESOLVED IN FAVOR OF SUCH UTILITY CORPORATION. SUCH
 LATE PAYMENT CHARGES SHALL BE IN  COMPLIANCE  WITH  THE  GUIDELINES  SET
 FORTH IN SECTION SIXTY-FIVE OF THIS ARTICLE.
   (B)  UPON THE FINAL DETERMINATION OF ANY INVESTIGATION COVERED BY THIS
 SECTION, THE COMMISSION SHALL EITHER (I) DETERMINE ANY ALLOWABLE  PENAL-
 TIES  THE  UTILITY  CORPORATION  MAY  IMPOSE UPON ITS CUSTOMERS, OR (II)
 WAIVE, OR PARTIALLY WAIVE, ANY INTEREST OR FEES CHARGED BY SUCH  UTILITY
 CORPORATION TO THE CONSUMER ON SUCH CONSUMER'S BILLING STATEMENTS DURING
 A  PERIOD  SUCH  UTILITY  CORPORATION  DETERMINES  TO BE RELATED TO SUCH
 INVESTIGATION.
   3. NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO  THE
 CONTRARY,  UTILITY  SERVICE  SHALL  NOT  BE  TERMINATED  TO  RESIDENTIAL
 ACCOUNTS FOR NON-PAYMENT OF AN OVERDUE CHARGE FROM THE  COMMENCEMENT  OF
 A. 7537--A                          3
 
 ANY  COMMISSION  INVESTIGATION  UNTIL  ONE HUNDRED TWENTY DAYS AFTER THE
 FINDINGS OF SUCH INVESTIGATION HAVE BEEN PUBLISHED AND  A  DETERMINATION
 HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION SHALL PROHIB-
 IT A UTILITY CORPORATION FROM DISCONNECTING SERVICE NECESSARY TO PROTECT
 THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC.
   4.  (A)  WITHIN  TEN DAYS OF THE COMMENCEMENT OF AN INVESTIGATION, THE
 UTILITY CORPORATION SHALL NOTIFY RESIDENTIAL CUSTOMERS OF SUCH  INVESTI-
 GATION.  FORMS OF NOTIFICATION OF AN INVESTIGATION FROM A UTILITY CORPO-
 RATION TO A RESIDENTIAL CUSTOMER SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 LETTERS,  NOTICES  ON  UTILITY BILLS, PHONE CALLS, AND NOTICES POSTED ON
 THE UTILITY CORPORATION'S WEBSITE.
   (B) WITHIN THREE DAYS OF THE COMMENCEMENT  OF  AN  INVESTIGATION,  THE
 DEPARTMENT  SHALL  POST  A NOTICE TO THE GENERAL PUBLIC OF SUCH INVESTI-
 GATION ON ITS WEBSITE.
   § 3. The public service law is amended by adding a new section 85-b to
 read as follows:
   § 85-B. INVESTIGATIONS RELATING TO COMMERCIAL STEAM  UTILITY  SERVICE.
 1.    FOR  THE  PURPOSES OF THIS SECTION, THE TERM "INVESTIGATION" SHALL
 MEAN A FORMAL PROCEEDING CONDUCTED BY  THE  COMMISSION  TO  EXAMINE  THE
 POLICIES,  PRACTICES,  RATES, CHARGES, SERVICES, FACILITIES, OPERATIONS,
 OR MANAGEMENT OF A UTILITY CORPORATION OR TO DETERMINE  COMPLIANCE  WITH
 ANY  LAW,  RULE,  REGULATION, ORDER OR TARIFF APPLICABLE TO SUCH UTILITY
 CORPORATION. THE TERM "INVESTIGATION"  SHALL  INCLUDE  SUCH  PROCEEDINGS
 CONDUCTED  PURSUANT  TO  SECTION  SEVENTY-ONE OF THIS CHAPTER.  NOTWITH-
 STANDING ANYTHING TO THE CONTRARY, THE TERM  "INVESTIGATION"  SHALL  NOT
 INCLUDE   COMMISSION  INQUIRIES  TRIGGERED  BY  AN  INDIVIDUAL  CUSTOMER
 COMPLAINT FILED PURSUANT TO SECTION FORTY-THREE OF THIS CHAPTER.
   2. (A) A UTILITY CORPORATION SHALL NOT IMPOSE LATE FEES, INTEREST,  OR
 PENALTIES  DURING  AN  INVESTIGATION  IF SUCH UTILITY CORPORATION IS THE
 SUBJECT OF A PENDING INVESTIGATION, PROVIDED  HOWEVER,  THAT  SUCH  LATE
 FEES, INTEREST AND PENALTIES MAY BE IMPOSED RETROACTIVELY IF SUCH INVES-
 TIGATION  IS FINALLY RESOLVED IN FAVOR OF SUCH UTILITY CORPORATION. SUCH
 LATE PAYMENT CHARGES SHALL BE IN COMPLIANCE WITH SECTION SEVENTY-NINE OF
 THIS ARTICLE.
   (B) UPON THE FINAL DETERMINATION OF ANY INVESTIGATION COVERED BY  THIS
 SECTION,  THE COMMISSION SHALL EITHER (I) DETERMINE ANY ALLOWABLE PENAL-
 TIES THE UTILITY CORPORATION MAY IMPOSE  UPON  ITS  CUSTOMERS,  OR  (II)
 WAIVE,  OR  PARTIALLY WAIVE, ANY INTEREST OR FEES CHARGED BY THE UTILITY
 CORPORATION TO THE CONSUMER ON SUCH CONSUMER'S BILLING STATEMENTS DURING
 A PERIOD SUCH UTILITY CORPORATION  DETERMINES  TO  BE  RELATED  TO  SUCH
 INVESTIGATION.
   3.  NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY,  UTILITY  SERVICE  SHALL  NOT  BE  TERMINATED  TO  RESIDENTIAL
 ACCOUNTS  FOR  NON-PAYMENT OF AN OVERDUE CHARGE FROM THE COMMENCEMENT OF
 ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED  TWENTY  DAYS  AFTER  THE
 FINDINGS  OF  SUCH INVESTIGATION HAVE BEEN PUBLISHED AND A DETERMINATION
 HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION SHALL PROHIB-
 IT A UTILITY CORPORATION FROM DISCONNECTING SERVICE NECESSARY TO PROTECT
 THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC.
   4. (A) WITHIN TEN DAYS OF THE COMMENCEMENT OF  AN  INVESTIGATION,  THE
 UTILITY  CORPORATION SHALL NOTIFY RESIDENTIAL CUSTOMERS OF SUCH INVESTI-
 GATION. FORMS OF NOTIFICATION OF AN INVESTIGATION FROM A UTILITY  CORPO-
 RATION  TO  A RESIDENTIAL CUSTOMER SHALL INCLUDE, BUT NOT BE LIMITED TO,
 LETTERS, NOTICES ON UTILITY BILLS, PHONE CALLS, AND  NOTICES  POSTED  ON
 THE UTILITY CORPORATION'S WEBSITE.
 A. 7537--A                          4
 
   (B)  WITHIN  THREE  DAYS  OF THE COMMENCEMENT OF AN INVESTIGATION, THE
 DEPARTMENT SHALL POST A NOTICE TO THE GENERAL PUBLIC  OF  SUCH  INVESTI-
 GATION ON ITS WEBSITE.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Assembly Bill A7537A

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-A7537 - Details

2023-A7537 - Summary

2023-A7537 - Bill Text download pdf

co-Sponsors

2023-A7537A (ACTIVE) - Details

2023-A7537A (ACTIVE) - Summary

2023-A7537A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A7537A

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Sponsored By

SHRESTHA

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Emily Gallagher

Jeffrion Aubry

Jonathan Jacobson

Phil Steck

2023-A7537 - Details

2023-A7537 - Summary

2023-A7537 - Bill Text download pdf

co-Sponsors

Emily Gallagher

Jeffrion Aubry

Jonathan Jacobson

Phil Steck

2023-A7537A (ACTIVE) - Details

2023-A7537A (ACTIVE) - Summary

2023-A7537A (ACTIVE) - Bill Text download pdf

Comments