S T A T E O F N E W Y O R K
________________________________________________________________________
7975--A
2023-2024 Regular Sessions
I N A S S E M B L Y
August 18, 2023
___________
Introduced by M. of A. O'DONNELL -- 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 commit-
tee
AN ACT to amend the public service law, in relation to prohibiting
termination of residential utility service during forecasts of extreme
temperature
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 3 of section 32 of the public
service law, as added by chapter 713 of the laws of 1981, is amended to
read as follows:
(c) Special procedures for cold weather periods. [(i) The commission
shall establish procedures to be followed by a utility or municipality
supplying heat related service in cold weather periods. Such procedures
shall be designed to identify and assist, prior to termination of
service, those residents who may suffer serious impairment to health or
safety as a result of any such termination. The commission shall estab-
lish the applicable cold weather periods; specify criteria for identify-
ing residents who are likely to suffer serious impairments, and require
that such service not be terminated unless a representative of the util-
ity or municipality makes a diligent effort to contact by telephone or
in person an adult resident of the customer's premises at least seven-
ty-two hours prior to termination, makes a personal visit at the time of
termination and provides the customer with information regarding the
protections available under this article. The commission shall provide
for the manner in which such contacts and personal visits are made.
(ii)] The commission shall [also] require a utility or municipality
supplying service to continue service to customers where a serious
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13018-04-4
A. 7975--A 2
impairment to health or safety is likely to result from termination of
service and the person supplied is unable because of mental or physical
problems to manage [his or her] THEIR own resources or to protect
[himself or herself] THEMSELF from neglect or hazardous situations with-
out the assistance of others. Doubts shall be resolved in favor of
continued service. Continuations of service shall be for a period of
time to be established by the commission. The commission shall consult
with the department of social services and the state office for the
aging in implementing the provisions of this paragraph.
§ 2. Section 32 of the public service law is amended by adding a new
subdivision 3-a to read as follows:
3-A. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "FORECAST OF
EXTREME TEMPERATURE" MEANS A NATIONAL WEATHER SERVICE FORECAST OF NINE-
TY-FIVE DEGREES FAHRENHEIT OR ABOVE ON THE NATIONAL WEATHER SERVICE HEAT
INDEX (APPARENT TEMPERATURE) DURING ANY TIME OF DAY OR NIGHT OR THIRTY-
TWO DEGREES FAHRENHEIT OR BELOW DURING ANY TIME OF DAY OR NIGHT.
(B) A UTILITY OR MUNICIPALITY SUPPLYING RESIDENTIAL HEAT OR ELECTRIC-
ITY SHALL NOT TERMINATE SUCH HEAT OR ELECTRICITY THE DAY OF A FORECAST
OF EXTREME TEMPERATURE, OR IF SUCH FORECAST OF EXTREME TEMPERATURE
PRECEDES A HOLIDAY OR WEEKEND DAY, ON ANY DAY DURING SUCH HOLIDAY OR
WEEKEND DAY.
§ 3. This act shall take effect immediately.