S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8012
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public service law, in relation to the  finality  of
   certain  utility  charges  and  the  contents of utility bills; and to
   amend a chapter of the laws of 2023 amending the  public  service  law
   relating  to  the finality of certain utility charges and the contents
   of utility bills, as proposed in legislative bills numbers  S.  4234-A
   and A. 4055-A, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 41 of the public service  law,  as
 amended  by  a chapter   of the laws of 2023 amending the public service
 law relating to the finality of certain utility charges and the contents
 of utility bills, as proposed in legislative bills numbers S. 4234-A and
 A.  4055-A, is amended to read as follows:
   1. Notwithstanding any other provision  of  law,  [no]  IF  A  utility
 corporation or municipality [shall charge] DOES NOT RENDER a residential
 customer for gas or electric service [which was rendered more than two],
 WITH  THE  EXCEPTION  OF A SEASONAL OR SHORT-TERM CUSTOMER AS DEFINED BY
 RULE OF THE COMMISSION, A MONTHLY BILL FOR GAS AND/OR ELECTRIC  SERVICES
 USED  BY  SUCH  CUSTOMER  DURING THAT MONTHLY PERIOD, OR, IN THE CASE OF
 BI-MONTHLY METER READS, DURING THAT MONTH AND THE  PRIOR  MONTH,  WITHIN
 THREE months [prior to the mailing of the first bill to the customer for
 such  service  unless] FROM THE END DATE OF SUCH MONTHLY BILLING PERIOD,
 THEN, SUCH RESIDENTIAL CUSTOMER SHALL NOT BE CHARGED FOR  SUCH  GAS  AND
 ELECTRIC  SERVICES  WHICH  WERE  NOT  BILLED TO THE CUSTOMER AS PROVIDED
 HEREIN, UNLESS the failure of the corporation or  municipality  to  bill
 sooner  was not due to the neglect of the corporation or municipality or
 was due to the culpable conduct of the customer. If the customer remains
 liable for such service, the utility shall permit payments  to  be  made
 under  an  installment payment plan, provided, however, that the utility
 or municipality may require prompt payment if the  non-billing  resulted
 from  the culpable conduct of the customer. Any such installment payment
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04105-06-4
              

 S. 8012                             2
 
 plan may provide for a downpayment of up to one-half of the amounts  due
 from the customer, or three months average billing, whichever is less.
   § 2. Section 41-a of the public service law, as added by a chapter  of
 the laws of 2023 amending the public service law relating to the finali-
 ty  of  certain  utility  charges  and the contents of utility bills, as
 proposed in legislative bills numbers S. 4234-A and A. 4055-A, is renum-
 bered section 66-w and is amended to read as follows:
   §  66-w.  Finality  of  charges;  SMALL   non-residential   customers.
 Notwithstanding  any  other provision of law[, no utility corporation or
 municipality shall charge a non-residential customer for gas or electric
 service which was rendered more than two months prior to the mailing  of
 the  first  bill  to the customer for such service unless the failure of
 the corporation or municipality to bill sooner was not due to the negli-
 gence or neglect of the corporation or municipality or was  due  to  the
 culpable  conduct  of  the customer] IF A UTILITY CORPORATION OR MUNICI-
 PALITY DOES NOT RENDER A SMALL NON-RESIDENTIAL CUSTOMER FOR GAS OR ELEC-
 TRIC SERVICE, WITH THE EXCEPTION OF A SEASONAL OR SHORT-TERM CUSTOMER AS
 DEFINED BY RULE OF THE COMMISSION, A MONTHLY BILL FOR GAS  AND/OR  ELEC-
 TRIC  SERVICES  USED BY SUCH CUSTOMER DURING THAT MONTHLY PERIOD, OR, IN
 THE CASE OF BI-MONTHLY METER READS, DURING  THAT  MONTH  AND  THE  PRIOR
 MONTH,  WITHIN  THREE  MONTHS  FROM THE END DATE OF SUCH MONTHLY BILLING
 PERIOD, THEN, SUCH SMALL NON-RESIDENTIAL CUSTOMER SHALL NOT  BE  CHARGED
 FOR SUCH GAS AND ELECTRIC SERVICES WHICH WERE NOT BILLED TO THE CUSTOMER
 AS  PROVIDED  HEREIN,  UNLESS  THE FAILURE OF THE CORPORATION OR MUNICI-
 PALITY TO BILL SOONER WAS NOT DUE TO THE NEGLECT OF THE  CORPORATION  OR
 MUNICIPALITY  OR  WAS  DUE  TO THE CULPABLE CONDUCT OF THE CUSTOMER. THE
 COMMISSION SHALL PROMULGATE  REGULATIONS  NECESSARY  TO  EFFECTUATE  THE
 PURPOSES  OF THIS SECTION. FOR THE PURPOSES OF THIS SECTION, "SMALL NON-
 RESIDENTIAL CUSTOMER" MEANS NON-RESIDENTIAL ELECTRIC CUSTOMERS THAT  ARE
 NON-DEMAND  BILLED  CUSTOMERS AND NON-RESIDENTIAL GAS CUSTOMERS THAT USE
 LESS THAN OR EQUAL TO 750 DEKATHERMS  PER  YEAR.  SUCH  TERM  SHALL  NOT
 INCLUDE STREET LIGHTING ACCOUNTS.
   §  3.  Subdivision 7 of section 44 of the public service law, as added
 by a chapter  of the laws of 2023 amending the public service law relat-
 ing to the finality of certain utility charges and the contents of util-
 ity bills, as proposed in legislative bills numbers  S.  4234-A  and  A.
 4055-A, is amended to read as follows:
   7.  [As]  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AS part of every
 billing STATEMENT, [the] ANY utility corporation [or municipality]  THAT
 SERVES  MORE  THAN FIFTEEN THOUSAND CUSTOMERS IN THE STATE shall provide
 [both in graph and written form, for the prior two years of the customer
 or the prior customers at the same address, the  monthly  usage  of  the
 customer,  the  monthly  unit charges for usage, and the monthly billing
 charge amount to the customer. This  requirement  shall  apply  to  both
 residential  and  non-residential customers] THE AVERAGE DAILY USAGE PER
 MONTH OR THE MONTHLY USAGE AT THE CUSTOMER'S ADDRESS FOR THE PRIOR THIR-
 TEEN MONTHS. ADDITIONALLY, NOTWITHSTANDING ANY CONFLICTING PROVISION  OF
 LAW,  UPON  REQUEST  BY  THE  CUSTOMER,  SUCH  UTILITY CORPORATION SHALL
 PROVIDE MONTHLY BILLING CHARGE AMOUNTS AT SUCH  CUSTOMER'S  ADDRESS  FOR
 THE  THIRTEEN  MONTHS PRIOR TO THE CURRENT BILLING PERIOD, NO LATER THAN
 THIRTY DAYS AFTER SUCH REQUEST IS MADE.
   § 4. Section 4 of a chapter  of the laws of 2023 amending  the  public
 service  law relating to the finality of certain utility charges and the
 contents of utility bills, as proposed in legislative bills  numbers  S.
 4234-A and A. 4055-A, is amended to read as follows:
 S. 8012                             3

   § 4. This act shall take effect on the [first of January next succeed-
 ing  the  date upon which] ONE HUNDRED EIGHTIETH DAY AFTER it shall have
 become a law. EFFECTIVE  IMMEDIATELY,  THE  ADDITION,  AMENDMENT  AND/OR
 REPEAL  OF  ANY  RULE  OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF
 THIS  ACT  ON ITS EFFECTIVE DATE ARE AUTHORIZED TO BE MADE AND COMPLETED
 ON OR BEFORE SUCH EFFECTIVE DATE.
   § 5.  This act shall take effect immediately; provided, however,  that
 sections  one,  two, and three of this act shall take effect on the same
 date and in the same manner as a chapter of the laws  of  2023  amending
 the  public  service  law  relating  to  the finality of certain utility
 charges and the contents of utility bills, as  proposed  in  legislative
 bills numbers S. 4234-A and A. 4055-A, takes effect.