Senate Bill S1200A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1200
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the public service law, in relation to requiring the
   establishment of automatic payment plans
 
   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
 66-u to read as follows:
   § 66-U. UTILITY AUTOMATIC PAYMENT PLANS. 1.  WITHIN ONE HUNDRED EIGHTY
 DAYS OF THE EFFECTIVE DATE OF THIS SECTION,  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW, THE COMMISSION IS AUTHORIZED AND DIRECTED TO REQUIRE
 INVESTOR OWNED COMBINATION UTILITY COMPANIES HEADQUARTERED IN  NEW  YORK
 TO  ESTABLISH  A STATEWIDE PROGRAM TO PROVIDE ELIGIBLE PARTICIPANTS WITH
 AFFORDABILITY PAYMENT PLANS. INVESTOR OWNED COMBINATION  UTILITY  COMPA-
 NIES SHALL AUTOMATICALLY PROVIDE APPROPRIATE PAYMENT PLANS TO QUALIFYING
 LOW  INCOME  INDIVIDUALS  WHO PROVIDE DOCUMENTATION OF THEIR ELIGIBILITY
 STATUS.  THE FISCAL IMPACT OF SUCH A  PROGRAM  SHALL  NOT  BE  BORNE  BY
 CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED BY THE INVESTOR OWNED
 COMBINATION  UTILITY COMPANY TO CUSTOMERS. ENROLLMENT SHALL BE AVAILABLE
 AT ANY TIME DURING THE YEAR. FOR THE PURPOSES OF THIS SECTION, "COMBINA-
 TION UTILITY COMPANY" SHALL MEAN A UTILITY COMPANY THAT  PROVIDES  ELEC-
 TRIC, GAS, OR STEAM SERVICE.
   2.  (A)  THE  COMMISSION  SHALL ENGAGE WITH INVESTOR OWNED COMBINATION
 UTILITY COMPANIES TO ESTABLISH AUTOMATED FILE MATCHING  MECHANISMS  THAT
 WILL  PROVIDE,  VIA ELECTRONIC MEANS, INVESTOR OWNED COMBINATION UTILITY
 COMPANIES WITH A LIST OF ELIGIBLE PARTICIPANTS WITHIN THE UTILITY COMPA-
 NY'S SERVICE TERRITORY. THE COMMISSION SHALL PROVIDE SUCH INFORMATION TO
 SUCH UTILITY COMPANIES NO LESS THAN  SEMI-ANNUALLY.  AN  INVESTOR  OWNED
 COMBINATION  UTILITY  COMPANY  WHICH  OFFERS SUCH A PAYMENT PLAN PROGRAM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04261-01-3
 S. 1200                             2
              

 
 SHALL CONSPICUOUSLY ADVERTISE THE  AVAILABILITY  OF  SUCH  PLAN  ON  THE
 WEBSITE OF SUCH UTILITY COMPANY.
   (B)  THE COMMISSION SHALL ALSO CREATE A MECHANISM BY WHICH AN INDIVID-
 UAL'S DOCUMENTATION IS SUBMITTED AND REASONABLY  AND  PROMPTLY  REVIEWED
 FOR  QUALIFICATION AS PROPER DOCUMENTATION OF THE INDIVIDUAL'S ELIGIBIL-
 ITY STATUS. SUCH MECHANISM SHALL ALSO PROVIDE FOR ELECTRONIC  SUBMISSION
 OF DOCUMENTATION.
   3. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
 PAYMENT  PLAN  IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES DOCUMENTATION OF
 ELIGIBILITY FOR ANY OF THE FOLLOWING PROGRAMS:
   (A) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (FAMILY ASSISTANCE);
   (B) SAFETY NET ASSISTANCE (PUBLIC ASSISTANCE);
   (C) SUPPLEMENTAL SECURITY INCOME (SSI);
   (D) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP);
   (E) LOW INCOME HOME ENERGY ASSISTANCE PROGRAM;
   (F) VETERAN'S DISABILITY PENSION;
   (G) VETERAN'S SURVIVING SPOUSE PENSION;
   (H) CHILD HEALTH PLUS;
   (I) LIFELINE;
   (J) HOME ENERGY ASSISTANCE PROGRAM (HEAP);
   (K) DIRECT VENDOR OR UTILITY GUARANTEE;
   (L) TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF);
   (M) SOCIAL SECURITY DISABILITY INSURANCE (SSDI);
   (N) EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP); AND
   (O) ANY  OTHER  INCOME-BASED  ASSISTANCE  PROGRAM  IDENTIFIED  BY  THE
 COMMISSION.
   4. (A) WHEN DEVISING PAYMENT PLANS, THE UTILITY COMPANY SHALL CONSIDER
 THE CIRCUMSTANCES AND FINANCIAL CONDITION OF THE CUSTOMER INCLUDING:
   (I) THE AMOUNT DUE, IF ANY, ON THE ACCOUNT;
   (II) THE CUSTOMER'S ABILITY TO PAY;
   (III) THE CUSTOMER'S PAYMENT HISTORY;
   (IV) THE ANTICIPATED ENERGY ASSISTANCE BENEFITS FOR WHICH THE CUSTOMER
 MAY BE ELIGIBLE;
   (V) THE CIRCUMSTANCES WHICH RESULTED IN THE PAST DUE BILLS;
   (VI)  HARDSHIPS  WHICH  MAY RESULT FROM THE LACK OF UTILITY SERVICE TO
 THE CUSTOMER; AND
   (VII) ANY OTHER RELEVANT FACTORS RELATED TO THE CIRCUMSTANCES  OF  THE
 CUSTOMER.
   (B)  AN  INVESTOR-OWNED  COMBINATION UTILITY COMPANY SHALL PERMIT EACH
 CUSTOMER A PERIOD OF NOT LESS THAN TWENTY-ONE DAYS  FROM  THE  DATE  THE
 BILL  WAS SENT TO PAY IN FULL, UNLESS THE CUSTOMER AND THE UTILITY AGREE
 ON A DIFFERENT DUE DATE. A UTILITY  SHALL  NOT  WITHDRAW  FUNDS  FROM  A
 CUSTOMER'S ACCOUNT BEFORE THE DUE DATE IN CASES WHERE A CUSTOMER USES AN
 AUTOMATIC  BILL  PAYMENT  PLAN UNLESS THE CUSTOMER AGREES TO A DIFFERENT
 PERIOD.
   5. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST ANY  INVESTOR
 OWNED  COMBINATION UTILITY COMPANIES THAT VIOLATE THIS SECTION TO ENJOIN
 SUCH VIOLATION AND MAY RECOVER A CIVIL PENALTY  OF  UP  TO  ONE  HUNDRED
 DOLLARS  PER  VIOLATION OF THIS SECTION OR, FOR A PATTERN OR PRACTICE OF
 SUCH VIOLATIONS, OF UP  TO  ONE  THOUSAND  DOLLARS  PER  VIOLATION.    A
 VIOLATION SHALL BE JUDGED PER INDIVIDUAL ACCOUNT.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1200--B
     Cal. No. 215
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by Sens. PARKER, ADDABBO, CHU, FERNANDEZ, GOUNARDES, WEBB --
   read twice and ordered printed, and when printed to  be  committed  to
   the   Committee   on   Energy   and  Telecommunications  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Energy and  Tele-
   communications  in  accordance  with Senate Rule 6, sec. 8 -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a  third  reading,  passed by Senate and delivered to the
   Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the public service law, in  relation  to  requiring  the
   establishment of automatic payment plans
 
   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
 37-b to read as follows:
   § 37-B. UTILITY AUTOMATIC PAYMENT PLANS. 1.  WITHIN ONE HUNDRED EIGHTY
 DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, THE COMMISSION IS AUTHORIZED AND DIRECTED  TO  REQUIRE
 UTILITY  COMPANIES  TO  PROVIDE  ELIGIBLE  PARTICIPANTS  WITH AFFORDABLE
 PAYMENT PLANS. UTILITY COMPANIES SHALL AUTOMATICALLY PROVIDE APPROPRIATE
 PAYMENT PLANS TO QUALIFYING LOW INCOME INDIVIDUALS WHO PROVIDE  DOCUMEN-
 TATION OF THEIR ELIGIBILITY STATUS. ENROLLMENT SHALL BE AVAILABLE AT ANY
 TIME  DURING THE YEAR. FOR THE PURPOSES OF THIS SECTION, "UTILITY COMPA-
 NY" SHALL MEAN A UTILITY COMPANY THAT PROVIDES ELECTRIC, GAS,  OR  STEAM
 SERVICE.
   2.  (A)  A  UTILITY  COMPANY  WHICH OFFERS SUCH A PAYMENT PLAN PROGRAM
 SHALL CONSPICUOUSLY ADVERTISE THE  AVAILABILITY  OF  SUCH  PLAN  ON  THE
 WEBSITE OF SUCH UTILITY COMPANY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04261-07-3
              

 S. 1200--B                          2
 
   (B)  THE COMMISSION SHALL ALSO CREATE A MECHANISM BY WHICH AN INDIVID-
 UAL'S DOCUMENTATION IS SUBMITTED AND REASONABLY AND PROMPTLY REVIEWED BY
 A UTILITY COMPANY FOR QUALIFICATION AS PROPER DOCUMENTATION OF THE INDI-
 VIDUAL'S ELIGIBILITY STATUS. SUCH MECHANISM SHALL ALSO PROVIDE FOR ELEC-
 TRONIC SUBMISSION OF DOCUMENTATION.
   3. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
 PAYMENT  PLAN  IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES DOCUMENTATION OF
 ELIGIBILITY FOR ANY OF THE FOLLOWING PROGRAMS:
   (A) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (FAMILY ASSISTANCE);
   (B) SAFETY NET ASSISTANCE (PUBLIC ASSISTANCE);
   (C) SUPPLEMENTAL SECURITY INCOME (SSI);
   (D) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP);
   (E) VETERANS DISABILITY PENSION AND SURVIVORS BENEFITS;
   (F) CHILD HEALTH PLUS;
   (G) LIFELINE;
   (H) HOME ENERGY ASSISTANCE PROGRAM (HEAP);
   (I) DIRECT VENDOR OR UTILITY GUARANTEE;
   (J) SOCIAL SECURITY DISABILITY INSURANCE (SSDI);
   (K) EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP);
   (L) MEDICAID;
   (M) FEDERAL PUBLIC HOUSING ASSISTANCE;
   (N) BUREAU OF INDIAN AFFAIRS GENERAL ASSISTANCE;
   (O) HEAD START;
   (P) TRIBAL TANF;
   (Q) FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATION (FDPIR); AND
   (R) ANY  OTHER  INCOME-BASED  ASSISTANCE  PROGRAM  IDENTIFIED  BY  THE
 COMMISSION AND/OR THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
   4. (A) WHEN DEVISING PAYMENT PLANS, THE UTILITY COMPANY SHALL CONSIDER
 THE CIRCUMSTANCES AND FINANCIAL CONDITION OF THE CUSTOMER INCLUDING:
   (I) THE AMOUNT DUE, IF ANY, ON THE ACCOUNT;
   (II) THE CUSTOMER'S ABILITY TO PAY;
   (III) THE CUSTOMER'S PAYMENT HISTORY;
   (IV) THE ANTICIPATED ENERGY ASSISTANCE BENEFITS FOR WHICH THE CUSTOMER
 MAY BE ELIGIBLE;
   (V) THE CIRCUMSTANCES WHICH RESULTED IN THE PAST DUE BILLS;
   (VI)  HARDSHIPS  WHICH  MAY RESULT FROM THE LACK OF UTILITY SERVICE TO
 THE CUSTOMER; AND
   (VII) ANY OTHER RELEVANT FACTORS RELATED TO THE CIRCUMSTANCES  OF  THE
 CUSTOMER.
   (B)  A UTILITY COMPANY SHALL PERMIT EACH CUSTOMER A PERIOD OF NOT LESS
 THAN TWENTY-ONE DAYS FROM THE DATE THE BILL WAS SENT  TO  PAY  IN  FULL,
 UNLESS  THE  CUSTOMER  AND  THE UTILITY COMPANY AGREE ON A DIFFERENT DUE
 DATE. A UTILITY COMPANY SHALL  NOT  WITHDRAW  FUNDS  FROM  A  CUSTOMER'S
 ACCOUNT  BEFORE THE DUE DATE IN CASES WHERE A CUSTOMER USES AN AUTOMATIC
 BILL PAYMENT PLAN UNLESS THE CUSTOMER AGREES TO A DIFFERENT PERIOD.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.