S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4497
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Energy
 
 AN ACT to amend the public service  law,  in  relation  to  establishing
   minimum standards for payment plans for eligible customers
 
   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.  MINIMUM  STANDARDS  FOR  PAYMENT PLANS. 1. THE COMMISSION IS
 AUTHORIZED AND DIRECTED TO SET STANDARDS FOR PAYMENT PLANS FOR  ELIGIBLE
 CUSTOMERS SET UP BY UTILITY COMPANIES. SUCH STANDARDS SHALL INCLUDE:
   (A) WHETHER A PAYMENT AGREEMENT IS REASONABLE. REASONABLENESS SHALL BE
 DETERMINED  BY CONSIDERING THE CURRENT HOUSEHOLD INCOME, ABILITY TO PAY,
 PAYMENT HISTORY INCLUDING PRIOR DEFAULTS ON SIMILAR AGREEMENTS, THE SIZE
 OF THE BILL, THE AMOUNT OF TIME AND THE REASONS WHY THE  BILL  HAS  BEEN
 OUTSTANDING,  AND  ANY  SPECIAL CIRCUMSTANCES CREATING EXTREME HARDSHIPS
 WITHIN THE HOUSEHOLD. THE UTILITY COMPANY  MAY  REQUIRE  THE  PERSON  TO
 CONFIRM  FINANCIAL  DIFFICULTY WITH AN ACKNOWLEDGMENT FROM ANOTHER STATE
 OR LOCAL AGENCY;
   (B) REQUIRING EACH UTILITY COMPANY TO MAKE AVAILABLE TO  ITS  RESIDEN-
 TIAL  CUSTOMERS  FOR  UTILITY SERVICE PROVIDED AT THE CUSTOMER'S PRIMARY
 RESIDENCE A PAYMENT PLAN WHICH AVERAGES ESTIMATED UTILITY COSTS  OVER  A
 TEN-MONTH  OR TWELVE-MONTH PERIOD TO ELIMINATE, INSOFAR AS IT IS PRACTI-
 CABLE, SEASONAL FLUCTUATIONS IN UTILITY BILLS;
   (C) REQUIRING EACH UTILITY COMPANY TO 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  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04259-01-3
 A. 4497                             2
              

 
   (D)  IN  THE  EVENT  A  RATE CHANGE APPROVED BY THE COMMISSION BECOMES
 EFFECTIVE WHILE A RESIDENTIAL CUSTOMER IS ENROLLED IN AND IN  COMPLIANCE
 WITH  A  PAYMENT  PLAN,  THE EFFECT OF THE RATE CHANGE SHALL BE INCLUDED
 RATABLY OVER THE REMAINDER OF THE PAYMENT PLAN PERIOD. INCLUDED WITH THE
 FIRST  ADJUSTED  BILL,  THE  UTILITY COMPANY SHALL PROVIDE NOTICE TO THE
 CUSTOMER EXPLAINING THE REASON FOR THE CHANGE AND SHOWING A  CALCULATION
 OF HOW THE UTILITY COMPANY ARRIVED AT THE NEW MONTHLY PAYMENT; AND
   (E) WHILE ENROLLED IN A RESIDENTIAL PAYMENT PLAN A RESIDENTIAL CUSTOM-
 ER'S  UTILITY  SERVICE  MAY  NOT  BE  TERMINATED  UNLESS THE RESIDENTIAL
 CUSTOMER VIOLATES A RULE OF THE UTILITY COMPANY ON FILE WITH THE COMMIS-
 SION, DISCONNECTION IS NECESSARY FOR REASONS OF HEALTH, SAFETY, OR STATE
 OR NATIONAL EMERGENCIES, OR TERMINATION IS ORDERED  BY  THE  COMMISSION.
 PAYMENT  PLANS  SHALL  BE  OFFERED  TO  ALLOW A CUSTOMER TO PAY PAST-DUE
 AMOUNTS OVER A PERIOD OF TIME, UNLESS THE AMOUNTS OWING RELATE TO  THEFT
 OF  SERVICE,  TAMPERING,  AN  UNAUTHORIZED USE OF SERVICE, OR FAILURE TO
 ABIDE BY THE TERMS OF A TIME-PAYMENT PLAN. THE CUSTOMER SHALL  MAKE  THE
 INITIAL  PAYMENT WITHIN ONE BUSINESS DAY OF AGREEING TO THE TIME-PAYMENT
 PLAN.
   2. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
 PAYMENT PLAN UNDER THIS SECTION IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES
 DOCUMENTATION OF ELIGIBILITY TO THE  UTILITY  COMPANY  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.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4497--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Energy -- committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend  the  public service law, in relation to establishing
   minimum standards for payment plans for eligible customers
 
   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-a to read as follows:
   § 37-A. MINIMUM STANDARDS FOR PAYMENT  PLANS.  1.  THE  COMMISSION  IS
 AUTHORIZED  AND DIRECTED TO SET STANDARDS FOR PAYMENT PLANS FOR ELIGIBLE
 CUSTOMERS SET UP BY UTILITY COMPANIES. SUCH STANDARDS SHALL INCLUDE:
   (A) WHETHER A PAYMENT AGREEMENT, INCLUDING ANY DOWN  PAYMENT  REQUIRE-
 MENTS,  IS REASONABLE. REASONABLENESS SHALL BE DETERMINED BY CONSIDERING
 THE CURRENT HOUSEHOLD INCOME, ABILITY TO PAY, PAYMENT HISTORY  INCLUDING
 PRIOR  DEFAULTS  ON SIMILAR AGREEMENTS, THE SIZE OF THE BILL, THE AMOUNT
 OF TIME AND THE REASONS WHY THE  BILL  HAS  BEEN  OUTSTANDING,  AND  ANY
 SPECIAL  CIRCUMSTANCES  CREATING EXTREME HARDSHIPS WITHIN THE HOUSEHOLD.
 THE UTILITY COMPANY MAY REQUIRE THE PERSON TO CONFIRM  FINANCIAL  DIFFI-
 CULTY WITH AN ACKNOWLEDGMENT FROM ANOTHER STATE OR LOCAL AGENCY;
   (B) REQUIRING EACH UTILITY COMPANY TO 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 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;
   (C) IN THE EVENT A RATE CHANGE  APPROVED  BY  THE  COMMISSION  BECOMES
 EFFECTIVE  OR  IN THE EVENT THE SUPPLY PORTION OF A CUSTOMER'S BILL WILL
 BE TEN PERCENT OR HIGHER THAN THE SUPPLY COST  FROM  THE  PRIOR  BILLING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04259-08-3
              

 A. 4497--B                          2
 
 CYCLE,  WHILE  A  RESIDENTIAL  CUSTOMER IS ENROLLED IN AND IN COMPLIANCE
 WITH A PAYMENT PLAN, THE EFFECT OF THE RATE  CHANGE  SHALL  BE  INCLUDED
 RATABLY OVER THE REMAINDER OF THE PAYMENT PLAN PERIOD. INCLUDED WITH THE
 FIRST  ADJUSTED  BILL,  THE  UTILITY COMPANY SHALL PROVIDE NOTICE TO THE
 CUSTOMER EXPLAINING THE REASON FOR THE CHANGE AND SHOWING A  CALCULATION
 OF HOW THE UTILITY COMPANY ARRIVED AT THE NEW MONTHLY PAYMENT; AND
   (D) WHILE ENROLLED IN A RESIDENTIAL PAYMENT PLAN A RESIDENTIAL CUSTOM-
 ER'S  UTILITY  SERVICE  MAY  NOT  BE  TERMINATED  UNLESS THE RESIDENTIAL
 CUSTOMER VIOLATES A RULE OF THE UTILITY COMPANY ON FILE WITH THE COMMIS-
 SION, DISCONNECTION IS NECESSARY FOR REASONS OF HEALTH, SAFETY, OR STATE
 OR NATIONAL EMERGENCIES, OR TERMINATION IS ORDERED  BY  THE  COMMISSION.
 PAYMENT  PLANS  SHALL  BE  OFFERED  TO  ALLOW A CUSTOMER TO PAY PAST-DUE
 AMOUNTS OVER A PERIOD OF TIME, UNLESS THE AMOUNTS OWING RELATE TO  THEFT
 OF  SERVICE,  TAMPERING,  AN  UNAUTHORIZED USE OF SERVICE, OR FAILURE TO
 ABIDE BY THE TERMS OF A TIME-PAYMENT PLAN. THE CUSTOMER SHALL  MAKE  THE
 INITIAL  PAYMENT WITHIN ONE BUSINESS DAY OF AGREEING TO THE TIME-PAYMENT
 PLAN.
   2. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
 PAYMENT PLAN UNDER THIS SECTION IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES
 DOCUMENTATION OF ELIGIBILITY TO THE  UTILITY  COMPANY  FOR  ANY  OF  THE
 FOLLOWING  PROGRAMS,  PROVIDED SUCH DOCUMENTATION IS DATED NO LATER THAN
 THREE HUNDRED SIXTY-FIVE DAYS PRECEDING THE DATE OF THE PAYMENT PLAN:
   (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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.