NY State Senate Bill 2023-S406A

Senate Bill S406A

2023-2024 Legislative Session

Authorizes utility corporations, telegraph and telephone corporations, and cable television corporations to provide notice of bills to third parties

download bill text pdf

Current Bill Status Via A1368 - Passed Senate

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2023	returned to assembly passed senate
May 22, 2023	3rd reading cal.872 substituted for s406a
May 22, 2023	substituted by a1368a
May 17, 2023	advanced to third reading
May 16, 2023	2nd report cal.
May 15, 2023	1st report cal.872
May 11, 2023	print number 406a
May 11, 2023	amend (t) and recommit to energy and telecommunications
Jan 04, 2023	referred to energy and telecommunications

Votes

- May 24, 2023 - Floor Vote
  A1368
  
  46
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2023
      
      aye (46)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      Weber
      
      nay (15)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Griffo
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Rolison
      
      Tedisco
      
      Walczyk
      
      Weik
      
      excused (2)
      
      Cooney
      
      Harckham
  May 15, 2023 - Energy And Telecommunications Committee Vote
  S406A
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 15, 2023
      
      aye (9)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Mannion
      
      Mattera
      
      O'Mara
      
      Parker
      
      Walczyk

Bill Amendments

Original

A (Active)

2023-S406 - Details

See Assembly Version of this Bill:: A1368
Law Section:: Public Service Law
Laws Affected:: Amd §40, Pub Serv L; add §393-f, Gen Bus L; amd §1020-f, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S406, A1368

2023-S406 - Summary

Authorizes utility corporations, telegraph and telephone corporations, and cable television corporations to provide notice of bills to third parties at the request of the customer.

2023-S406 - Sponsor Memo

                                 
BILL NUMBER: S406

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, the general business law and the
public authorities law, in relation to third party notification

 
PURPOSE:

To offer residential utility, phone and cable customers who have diffi-
culty keeping up with their bills, the option of having notice of
amounts due, collection attempts, and termination of services sent to a
trusted third party.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 40 of the public service law to
clarify that third party notification programs already required of util-
ities must offer notice of amounts due or past due on routine bills, and
the amounts paid by or on behalf of the customer, as well as collection
and termination notices.

Section two of bill amends the general business law by adding a new
section 393-f that will require every telegraph and telephone corpo-
ration, cable television corporation, cellular phone company, or munici-
pality to designate a third party to receive notice of the total amount
due or past due on all bills, the amounts of any payments made by or on
behalf of the customer, as well as copies of all collection and termi-
nation notices.

Section three of the bill amends section 1020-f of the public service
law by adding a new subdivision jj which provides that LIPA and its
service providers shall permit a 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 made by or on behalf of the customer, as well as
copies of all collection and termination notices.

Section four of the bill is the effective date.

 
JUSTIFICATION:

This legislation will enable customers of utility, phone, and cable
services providers to designate a relative, friend, or other trusted
third party to receive notice of amounts due or past due on routine
bills and amounts paid by or on behalf of the customer, as well as any
collection or termination notices. Present statutes only apply to tradi-
tional utilities and could be interpreted to require third party notifi-
cation only of collection and termination notices. This bill will expand
the requirement, both by adding phone and cable service providers, and
by clarifying that third party notification programs must offer informa-
tion about amounts due and payments of routine bills, as well as
collection and termination notices.

We are all cognizant that many people may have difficulty keeping up
with bills-because of age, illness, ox other circumstances-even if they
are otherwise able to live independently. This legislation will enable
people to obtain the regular assistance of a third party in ensuring
that such bills are kept up-to-date, thereby enhancing their independ-
ence and making it easier for relatives, friends, and caregivers to
offer such assistance.

In addition, this bill recognizes that the services of utilities, phone
companies and cable services providers are increasingly converging. For
example, cable companies are offering phone and Internet services, and
utilities and phone companies are working on broadband networks that can
carry television programming. As these services continue to converge,
they will be more and more likely to offer packages of services that we
view an essential for daily living. The legislation would recog- nize
this and ensure that all providers have the same obligation to offer
third party billing on the same terms.

Finally, service providers might benefit from timelier bill payment if
this legislation is enacted.

The bill was amended 2003 to place some of the requirements in the
general business law rather than the public service law, so that all
service providers would be covered equally. In addition, because of
privacy concerns, a provision of a previous version of the bill that
would have required that full copies of bills be sent to a third party
has been changed to require only that amounts due, past due, and paid on
behalf of the customer be sent to the third party, since this informa-
tion is all that is necessary to assist customers in keeping up with
their bills.

 
LEGISLATIVE HISTORY:

2019/20: S.1620 - REFERRED TO ENERGY AND TELECOMMUNICATIONS

2016/17: S.2294 - Referred to Energy & Telecommunications

2015-16: S.2440 A.5794 - Referred to Energy & Telecommunications

2013-14: S.2639/A.3907 - Referred to Energy & Telecommunications

2011-12: S.1112/A.3693 - Referred to Energy & Telecommunications

2009-10: S.4290/A.509 - Referred to Energy & Telecommunications

2008-09: S.7882A/A.10513A - Referred to Rules/Passed Assembly

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect one hundred eighty days after it shall have
become a law.

2023-S406 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    406
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 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, 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 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  [or]  AND  NOTICES
 RELATING TO collection of amounts due sent to such residential customer,
 provided that the designated third-party indicates in writing a willing-
 ness 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 to be notified of all requests for discontinuance of service
 to units owned by such landlord.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02369-01-3
 S. 406                              2
 
 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.
   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 OWNED BY SUCH LANDLORD.
   § 3. Section 1020-f of the public authorities law, as added by chapter
 517  of the laws of 1986, is amended by adding a new subdivision (jj) 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 CUSTOMERS, 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2023-S406A (ACTIVE) - Details

See Assembly Version of this Bill:: A1368
Law Section:: Public Service Law
Laws Affected:: Amd §40, Pub Serv L; add §393-f, Gen Bus L; amd §1020-f, Pub Auth L
Versions Introduced in 2023-2024 Legislative Session:: S406, A1368

2023-S406A (ACTIVE) - Summary

Authorizes utility corporations, telegraph and telephone corporations, and cable television corporations to provide notice of bills to third parties at the request of the customer.

2023-S406A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S406A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, the general business law and the
public authorities law, in relation to third-party notification

 
PURPOSE:

To offer residential utility, phone and cable customers who have diffi-
culty keeping up with their bills, the option of having notice of
amounts due, collection attempts, and termination of services sent to a
trusted third party.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 40 of the public service law to
clarify that third party notification programs already required of util-
ities must offer notice of amounts due or past due on routine bills, and
the amounts paid by or on behalf of the customer, as well as collection
and termination notices.

Section two of bill amends the general business law by adding a new
section 593-f that will require every telegraph and telephone corpo-
ration, cable television corporation, cellular phone company, or munici-
pality to designate a third party to receive notice of the total amount
due or past due on all bills, the amounts of any payments made by or on
behalf of the customer, as well as copies of all collection and termi-
nation notices.

Section three of the bill is the effective date.

 
JUSTIFICATION:

This legislation will enable customers of utility, phone, and cable
services providers to designate a relative, friend, or other trusted
third party to receive notice of amounts due or past due on routine
bills and amounts paid by or on behalf of the customer, as well as any
collection or termination notices. Present statutes only apply to tradi-
tional utilities and could be interpreted to require third party notifi-
cation only of collection and termination notices. This bill will expand
the requirement, both by adding phone and cable service providers, and
by clarifying that third party notification programs must offer informa-
tion about amounts due and payments of routine bills, as well as
collection and termination notices.

We are all cognizant that many people may have difficulty keeping up
with bills-because of age, illness, ox other circumstances-even if they
are otherwise able to live independently. This legislation will enable
people to obtain the regular assistance of a third party in ensuring
that such bills are kept up-to-date, thereby enhancing their independ-
ence and making it easier for relatives, friends, and caregivers to
offer such assistance.

In addition, this bill recognizes that the services of utilities, phone
companies and cable services providers are increasingly converging. For
example, cable companies are offering phone and Internet services, and
utilities and phone companies are working on broadband networks that can
carry television programming. As these services continue to
converge,they will be more and more likely to offer packages of services
that we view an essential for daily living. The legislation would recog-
nize this and ensure that all providers have the same obligation to
offer third party billing on the same terms.

Finally, service providers might benefit from timelier bill payment if
this legislation is enacted.

The bill was amended 2003 to place some of the requirements in the
general business law rather than the public service law, no that all
service providers would be covered equally. In addition, because of
privacy concerns, a provision of a previous version of the bill that
would have required that full copies of bills be sent to a third party
has been changed to require only that amounts due, past due, and paid on
behalf of the customer be sent to the third party, since this informa-
tion is all that is necessary to assist customers in keeping up with
their bills.

 
LEGISLATIVE HISTORY::

2021-22: S3138B - Referred to Energy and Telecommunications

2019/20: S.1620 - REFERRED TO ENERGY AND TELECOMMUNICATIONS

2016/17: S.2294 - Referred to Energy & Telecommunications

2015-16; S.2440 A.5794 - Referred to Energy & Telecommunications

2013-14: S.2639/A.3907 - Referred to Energy & Telecommunications

2011-12: S.1112/A.3693 - Referred to Energy & Telecommunications

2009-10: S.4290/A.509 - Referred to Energy & Telecommunications

2008-09: S.7882A/A.10513A - Referred to Rules/Passed Assembly

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE::

This act shall take effect one hundred eighty days after it shall have
become a law.

2023-S406A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  406--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  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.

                                                            LBD02369-02-3
 S. 406--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.

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