NY State Senate Bill 2023-S8626

Current Bill Status - In Senate Committee Energy And Telecommunications 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
Feb 22, 2024	referred to energy and telecommunications

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2023-S8626 (ACTIVE) - Details

See Assembly Version of this Bill:: A9444
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§65 & 25, Pub Serv L

2023-S8626 (ACTIVE) - Summary

Relates to call centers for gas and electric corporations; sets penalties for violations.

2023-S8626 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8626

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the public service law, in relation to call centers for
gas and electric corporations

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to permit a gas or electric corporation and
a bona fide labor organization representing a call center through a
collective bargaining agreement to initiate a work flexibility arrange-
ment that allows a member of such bona fide labor organization to work
from an approved alternative worksite.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would allow for gas or electric corporation and a
bona fide labor organization representing call center employees through
a collective bargaining agreement to initiate a work flexibility agree-
ment that allows a member of such bona fide labor organization to work

from an approved alternative worksite other than a call center location,
establish a hearing process for violations, and make technical amend-
ments.

Section 2 of this bill would establish penalties if any such public
utility company, corporation, or person and the officers, agents and
employees thereof knowingly sends a customer assistance inquiry outside
a gas or electric corporation's New York state service territory or
outside the state of New York without notice, a hearing and approval
before the Public Service Commission.

Section 3 of this bill establishes a severability clause.

Section 4 of this bill provides that the effective date shall take
effect immediately and shall apply to all actions or proceedings
commenced on or after the effective date of this act.

 
JUSTIFICATION:

Public utilities, such as gas or electric corporations, must provide
call center customer assistance in order to field various inquiries from
their customers, which could come via phone or in writing. Such
inquiries cover a wide range of topics, including initiation or termi-
nation of services, billing, metering, company policies and procedures,
and referring customers to social service agencies or emergency
services. The ability to work remotely provides flexibility for workers
and greater access to employment opportunities; as such, flexibility
improves recruitment and retention of employees. Workers at call centers
should be able to take advantage of remote work without fear of losing
their jobs. .

Additionally, there have been instances of corporations seeking to
change the location of their call centers. The law currently requires
that such corporations provide notice to the Public Service Commission
(PSC) and engage in a public hearing facilitated by PSC to gather testi-
mony and commentary from key stakeholders, interested parties, and the

general public about the planned relocation. A similar standard would be
applied to changes in work flexibility agreements.

Ensuring that workers are able to work in a way that is most effective
to them and their employer, without being penalized for flexibility, is
critical as the State grapples with a post pandemic world. This bill
would allow for a gas or electric corporation and a bona fide labor
organization representing call center employees through a collective
bargaining agreement to initiate a work flexibility agreement that
allows a member of such bona fide labor organization to work from an
approved alternative worksite other than a call center location.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all actions or
proceedings commenced on or after the effective date of this act.

2023-S8626 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8626
 
                             I N  S E N A T E
 
                             February 22, 2024
                                ___________
 
 Introduced  by  Sen. MANNION -- 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 call centers for
   gas and electric corporations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs (a) and (b) of subdivision 13 of section 65 of
 the public service law, paragraph (a) as added by  chapter  330  of  the
 laws  of 2010 and paragraph (b) as amended by chapter 520 of the laws of
 2014, are amended to read as follows:
   (a) Every gas corporation or electric corporation  furnishing  utility
 services  shall  provide  the  following call center customer assistance
 receiving inquiries AND ASSOCIATED OFFICE TASKS BY PHONE, IN WRITING, OR
 ANY ELECTRONIC COMMUNICATION,  INCLUDING  BUT  NOT  LIMITED  TO  EMAILS,
 TEXTS, AND CHATS on: customer financial responsibility; receiving APPLI-
 CATION requests to initiate or terminate service; receiving requests for
 emergency  services;  SHARED  METERING;  determining deposit required or
 billing rate; receiving meter and service orders  and  access  to  meter
 requests;  explaining  company rates, regulations, policies, procedures,
 and common practices; initiating  trouble  order  forms  and  high  bill
 investigations;  INBOUND  AND/OR  OUTBOUND handling OF payment and other
 credit arrangements such as obtaining deposits, financial statements and
 payment plans; COLLECTION ASSISTANCE INQUIRIES and  referring  customers
 to social service agencies and other assistance programs.
   (b)  (I)  No  gas or electric corporation shall close a call center or
 other facility providing the customer assistance set forth in  paragraph
 (a)  of this subdivision or [relocate] SEND such customer assistance [to
 another area of] OUTSIDE SUCH GAS OR  ELECTRIC  CORPORATION'S  New  York
 state  SERVICE  TERRITORY  or  outside  of New York state without notice
 [and], A hearing AND APPROVAL before the commission. Upon receipt of the
 notice required pursuant to this paragraph, the commission shall provide
 notice of the proceeding to interested parties and the public; and shall
 promptly fix a date for the commencement of a public hearing thereon not
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13564-04-4
 S. 8626                             2
 
 less than sixty days after such receipt. The testimony presented at such
 hearing may be presented in writing or orally, provided that the commis-
 sion may make rules designed to exclude repetitive, redundant or  irrel-
 evant  testimony  while giving all interested parties the opportunity to
 present their documentary and/or testimonial  evidence.  The  commission
 shall  make  a  record  of  all testimony in all contested hearings. THE
 COMMISSION WITHIN THIRTY DAYS SHALL APPROVE OR DENY  THE  CLOSURE  OF  A
 CALL  CENTER  OR  OTHER FACILITY PROVIDING CUSTOMER SERVICE OR THE RELO-
 CATION OF CUSTOMER SERVICE ASSISTANCE INQUIRIES. For  purposes  of  this
 section  "public  hearing"  means a public forum at a physical location,
 attended by commission members or their designees, where oral  testimony
 is  accepted and written testimony may be submitted for inclusion in the
 record. Such forum shall be open to parties to the  proceeding  and  the
 general public for the presentation of comments that shall be limited to
 relevant  facts  directly  related  to  the proceeding in question. Such
 hearing shall be commenced upon proper notice  to  the  parties  to  the
 proceeding  and  the  public at least thirty days prior to the scheduled
 date. SUCH HEARING SHALL BE CLOSED  AFTER  THE  COMMISSION  APPROVES  OR
 DENIES THE CLOSURE OF A CALL CENTER OR OTHER FACILITY PROVIDING CUSTOMER
 SERVICE  OR  THE RELOCATION OF CUSTOMER SERVICE ASSISTANCE INQUIRIES. IT
 SHALL BE PERMISSIBLE FOR A GAS OR ELECTRIC CORPORATION AND A  BONA  FIDE
 LABOR  ORGANIZATION REPRESENTING CALL CENTER EMPLOYEES THROUGH A COLLEC-
 TIVE BARGAINING AGREEMENT TO INITIATE  A  WORK  FLEXIBILITY  ARRANGEMENT
 THAT  ALLOWS  A MEMBER OF SUCH BONA FIDE LABOR ORGANIZATION TO WORK FROM
 AN APPROVED ALTERNATIVE WORKSITE OTHER  THAN  A  CALL  CENTER  LOCATION;
 PROVIDED,  HOWEVER, THAT NO INQUIRY PROVIDED TO A CALL CENTER SUBJECT TO
 SUCH AGREEMENT SHALL BE RECEIVED BY  ANY  OTHER  EMPLOYEE  THAT  IS  NOT
 COVERED  BY SUCH AGREEMENT AND MEMBERS OF SUCH BONA FIDE LABOR ORGANIZA-
 TION SHALL RESIDE WITHIN THE BORDERS OF NEW  YORK  STATE.  ANY  AND  ALL
 MEMBERS  OF  SUCH BONA FIDE LABOR ORGANIZATION, AFTER THE EFFECTIVE DATE
 OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT AMENDED THIS
 PARAGRAPH, RECEIVING AND/OR HANDLING CUSTOMER SERVICE INQUIRIES RESIDING
 OUTSIDE THE BORDERS OF NEW YORK STATE  SHALL  BE  EXEMPT  FROM  RESIDING
 INSIDE  THE  BORDERS  OF NEW YORK STATE; HOWEVER ALL NEW EMPLOYEES HIRED
 AFTER THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO  THOUSAND
 TWENTY-FOUR  THAT  AMENDED THIS PARAGRAPH SHALL RESIDE WITHIN THE BORDER
 OF NEW YORK STATE. IF SUCH AN ARRANGEMENT IS  REACHED  BY  BOTH  PARTIES
 THROUGH  A  COLLECTIVE  BARGAINING AGREEMENT, SUCH ARRANGEMENT SHALL NOT
 VIOLATE THIS SECTION.
   (II) THE COMMISSION SHALL MAKE AVAILABLE A FORM ALLOWING AN ENTITY  TO
 TAKE  AN  ACTION  AGAINST  A  GAS OR ELECTRIC CORPORATION THAT KNOWINGLY
 FAILED OR NEGLECTED TO OBEY OR COMPLY WITH THIS SECTION. UPON RECEIPT OF
 SUCH FORM, IT SHALL COMMENCE A PROCEEDING TO DETERMINE IF A CALL  CENTER
 OR  OTHER  FACILITY PROVIDING CUSTOMER ASSISTANCE WAS CLOSED OR CUSTOMER
 SERVICE ASSISTANCE INQUIRIES WERE RELOCATED OUTSIDE NEW YORK STATE WITH-
 OUT NOTICE, HEARING, AND APPROVAL BEFORE  THE  COMMISSION.  PURSUANT  TO
 THIS  PARAGRAPH,  THE COMMISSION SHALL PROVIDE NOTICE OF SUCH PROCEEDING
 TO INTERESTED PARTIES AND THE PUBLIC AND SHALL PROMPTLY FIX A  DATE  FOR
 THE  COMMENCEMENT  OF  A PUBLIC HEARING THEREON NOT LESS THAN SIXTY DAYS
 AFTER SUCH RECEIPT. THE TESTIMONY  PRESENTED  AT  SUCH  HEARING  MAY  BE
 PRESENTED  IN  WRITING  OR ORALLY, PROVIDED THAT THE COMMISSION MAY MAKE
 RULES DESIGNED TO EXCLUDE REPETITIVE, REDUNDANT OR IRRELEVANT  TESTIMONY
 WHILE  GIVING  ALL  PARTIES THE OPPORTUNITY TO PRESENT THEIR DOCUMENTARY
 AND/OR TESTIMONIAL EVIDENCE. THE COMMISSION SHALL A MAKE RECORD  OF  ALL
 TESTIMONY IN ALL CONTESTED HEARINGS.  THE COMMISSION SHALL WITHIN THIRTY
 S. 8626                             3
 
 DAYS  MAKE  A  DETERMINATION  IF SUCH GAS OR ELECTRIC CORPORATION WAS IN
 VIOLATION OF THIS SECTION.
   §  2.  Section 25 of the public service law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF  THIS
 SECTION,  ANY SUCH PUBLIC UTILITY COMPANY, CORPORATION OR PERSON AND THE
 OFFICERS, AGENTS AND EMPLOYEES THEREOF THAT KNOWINGLY FAILS OR  NEGLECTS
 TO  OBEY  OR COMPLY WITH SECTION SIXTY-FIVE OF THIS CHAPTER, OR AN ORDER
 OR REGULATION ADOPTED PURSUANT TO SECTION SIXTY-FIVE OF THIS CHAPTER, OR
 SUCH PUBLIC UTILITY COMPANY, CORPORATION OR  PERSON  AND  THE  OFFICERS,
 AGENTS  AND  EMPLOYEES  THEREOF  KNOWINGLY  SENDS  A CUSTOMER ASSISTANCE
 INQUIRY OUTSIDE A GAS OR ELECTRIC CORPORATION'S NEW YORK  STATE  SERVICE
 TERRITORY OR OUTSIDE THE STATE OF NEW YORK WITHOUT NOTICE, A HEARING AND
 APPROVAL  BEFORE  THE  COMMISSION PURSUANT TO SECTION SIXTY-FIVE OF THIS
 CHAPTER, SHALL FORFEIT TO THE STATE OF NEW YORK A SUM NOT TO EXCEED  THE
 GREATER OF:
   (A) FIFTY THOUSAND DOLLARS CONSTITUTING A CIVIL PENALTY FOR EACH SEPA-
 RATE  AND DISTINCT CUSTOMER SERVICE INQUIRY SENT OUTSIDE OF NEW YORK AND
 ONE HUNDRED FIFTY THOUSAND DOLLARS CONSTITUTING A CIVIL PENALTY FOR EACH
 DAY A CALL CENTER OR OTHER FACILITY PROVIDING THE CUSTOMER ASSISTANCE IS
 CLOSED; OR
   (B) THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE  WITH  SUBDIVISION
 TWO OF THIS SECTION.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  4.  This  act  shall take effect immediately and shall apply to all
 actions or proceedings commenced on or after the effective date of  this
 act.

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Senate Bill S8626

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

co-Sponsors

2023-S8626 (ACTIVE) - Details

2023-S8626 (ACTIVE) - Summary

2023-S8626 (ACTIVE) - Sponsor Memo

2023-S8626 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8626

Share this bill

Sponsored By

John W. Mannion

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

co-Sponsors

Joseph P. Addabbo Jr.

Pete Harckham

Robert Jackson

Kevin S. Parker

2023-S8626 (ACTIVE) - Details

2023-S8626 (ACTIVE) - Summary

2023-S8626 (ACTIVE) - Sponsor Memo

2023-S8626 (ACTIVE) - Bill Text download pdf

Comments