NY State Senate Bill 2023-S1199B

Current Bill Status - On Floor Calendar

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
Jan 29, 2024	advanced to third reading amended 1199b
Jan 24, 2024	2nd report cal.
Jan 23, 2024	1st report cal.214
Jan 03, 2024	referred to energy and telecommunications returned to senate died in assembly
May 18, 2023	referred to energy delivered to assembly passed senate
Mar 21, 2023	advanced to third reading
Mar 20, 2023	2nd report cal.
Mar 16, 2023	1st report cal.527
Mar 08, 2023	print number 1199a
Mar 08, 2023	amend and recommit to energy and telecommunications
Jan 10, 2023	referred to energy and telecommunications

Votes

- May 18, 2023 - Floor Vote
  S1199B
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 18, 2023
      
      aye (58)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martins
      
      Mattera
      
      May
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Walczyk
      
      excused (4)
      
      Cooney
      
      Gounardes
      
      Martinez
      
      Mayer
  Jan 23, 2024 - Energy And Telecommunications Committee Vote
  S1199B
  
  9
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Jan 23, 2024
      
      aye (9)
      
      Borrello
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Mannion
      
      Mattera
      
      O'Mara
      
      Parker
  Mar 14, 2023 - Energy And Telecommunications Committee Vote
  S1199B
  
  7
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Mar 14, 2023
      
      aye (7)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Mannion
      
      Mattera
      
      Parker
      
      nay (1)
      
      Walczyk
      
      aye wr (1)
      
      O'Mara

Bill Amendments

Original

B (Active)

2023-S1199 - Details

See Assembly Version of this Bill:: A4497
Law Section:: Public Service Law
Laws Affected:: Add §37-a, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:: S8984, A10479

2023-S1199 - Summary

Relates to establishing minimum standards for payment plans for eligible customers; requires the public service commission to set standards for payment plans for certain customers including reasonableness of agreements and timelines for payment; establishes eligibility.

2023-S1199 - Sponsor Memo

                                 
BILL NUMBER: S1199

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to establishing
minimum standards for payment plans for eligible customers

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to direct the Public Service Commission to
set minimum stand for payment plans established by utility companies in
the state.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public service law. Authorizes and directs the
Public Service Commission to set standards for payment plans set up by
utilities for eligible customers.

Subsection la - Whether a payment is reasonable

(b) - payment plans shall consist of average customer's estimated cost
over a period of 10 or 12 months.

(c)- Requires that each payment plan shall give customers 21 days from
which the bill sent to pay it in full.

(d)- In the event of a rate case, eligible customer payment plans shall
be adjusted to reflect the change.

(e) - payment plans may not be terminated unless certain actions are
taken by the customer or unless it is necessary.  Subsection 2 sets the
requirements for establishing eligibility for a customer.

Section 2 sets the effective date.

 
JUSTIFICATION:

During a long period of inflation and extraordinarily high energy rates
payment plans should be more accessible and available to individuals who
have demonstrated the need. Payment plan should be tools to help low-in-
come families and those struggling to pay their bills better structure
to do so instead of tools for generational debt. This legislation
directs the Public Service Commission to establish standards that utili-
ty companies must abide by when providing payment plans so that custom-
ers are not harmed by the terms.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S8984 - COMMITTED TO RULES

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1199 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1199
 
                        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 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

 S. 1199                             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.

co-Sponsors

View additional co-sponsors

2023-S1199A - Details

See Assembly Version of this Bill:: A4497
Law Section:: Public Service Law
Laws Affected:: Add §37-a, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:: S8984, A10479

2023-S1199A - Summary

2023-S1199A - Sponsor Memo

                                 
BILL NUMBER: S1199A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to establishing
minimum standards for payment plans for eligible customers

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to direct the Public Service Commission to
set minimum stand for payment plans established by utility companies in
the state.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public service law. Authorizes and directs the
Public Service Commission to set standards for payment plans set up by
utilities for eligible customers.  Subsection la - Whether a payment is
reasonable

(b) - payment plans shall consist of average customer's estimated cost

over a period of 10 or 12 months.

(c)- Requires that each payment plan shall give customers 21 days from
which the bill sent to pay it in full.

(d)- In the event of a rate case, eligible customer payment plans shall
be adjusted to reflect the change.

(e) - payment plans may not be terminated unless certain actions are
taken by the customer or unless it is necessary. Subsection 2 sets the
requirements for establishing eligibility for a customer.

Section 2 sets the effective date.

 
JUSTIFICATION:

During a long period of inflation and extraordinarily high energy rates
payment plans should be more accessible and available to individuals who
have demonstrated the need. Payment plan should be tools to help low-in-
come families and those struggling to pay their bills better structure
to do so instead of tools for generational debt. This legislation
directs the Public Service Commission to establish standards that utili-
ty companies must abide by when providing payment plans so that custom-
ers are not harmed by the terms.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S8984 - COMMITTED TO RULES

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1199A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1199--A
 
                        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  --  committee  discharged, bill amended, 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
 66-v to read as follows:
   §  66-V.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04259-02-3
 S. 1199--A                          2

 
 BEFORE THE DUE DATE IN CASES WHERE A CUSTOMER  USES  AN  AUTOMATIC  BILL
 PAYMENT PLAN UNLESS THE CUSTOMER AGREES TO A DIFFERENT PERIOD;
   (D)  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
 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
   (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, 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) 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 on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2023-S1199B (ACTIVE) - Details

See Assembly Version of this Bill:: A4497
Law Section:: Public Service Law
Laws Affected:: Add §37-a, Pub Serv L
Versions Introduced in 2021-2022 Legislative Session:: S8984, A10479

2023-S1199B (ACTIVE) - Summary

2023-S1199B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1199B

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to establishing
minimum standards for payment plans for eligible customers

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to direct the Public Service Commission to
set minimum stand for payment plans established by utility companies in
the state.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public service law. Authorizes and directs the
Public Service Commission to set standards for payment plans set up by
utilities for eligible customers. Subsection la - Whether a payment is
reasonable

(b) - payment plans shall consist of average customer's estimated cost

over a period of 10 or 12 months.

(c)- Requires that each payment plan shall give customers 21 days from
which the bill sent to pay it in full.

(d)- In the event of a rate case, eligible customer payment plans shall
be adjusted to reflect the change.

(e) - payment plans may not be terminated unless certain actions are
taken by the customer or unless it is necessary. Subsection 2 sets the
requirements for establishing eligibility for a customer.

Section 2 sets the effective date.

 
JUSTIFICATION:

During a long period of inflation and extraordinarily high energy rates
payment plans should be more accessible and available to individuals who
have demonstrated the need. Payment plan should be tools to help low-in-
come families and those struggling to pay their bills better structure
to do so instead of tools for generational debt. This legislation
directs the Public Service Commission to establish standards that utili-
ty companies must abide by when providing payment plans so that custom-
ers are not harmed by the terms.

 
PRIOR IFGISLATIVE HISTORY:

2021-22: S8984 - COMMITTED TO RULES

 
FISCAL /MPLWATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1199B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1199--B
     Cal. No. 214
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sens.  PARKER, ADDABBO, CHU, FERNANDEZ, GOUNARDES, HOYL-
   MAN-SIGAL, KENNEDY -- 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 Ener-
   gy and Telecommunications in accordance with Senate Rule 6, sec. 8  --
   reported  favorably  from  said committee, ordered to first and second
   report, amended on second report, ordered to a third reading,  and  to
   be  reprinted  as  amended,  retaining its place in the order of third
   reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04259-09-3
 S. 1199--B                          2
 
 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
 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.

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Senate Bill S1199B

Sponsored By

Current Bill Status - On Floor Calendar

May 18, 2023 - Floor Vote

Floor Vote: May 18, 2023

Jan 23, 2024 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: Jan 23, 2024

Mar 14, 2023 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: Mar 14, 2023

Bill Amendments

2023-S1199 - Details

2023-S1199 - Summary

2023-S1199 - Sponsor Memo

2023-S1199 - Bill Text download pdf

co-Sponsors

2023-S1199A - Details

2023-S1199A - Summary

2023-S1199A - Sponsor Memo

2023-S1199A - Bill Text download pdf

co-Sponsors

2023-S1199B (ACTIVE) - Details

2023-S1199B (ACTIVE) - Summary

2023-S1199B (ACTIVE) - Sponsor Memo

2023-S1199B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1199B

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Sponsored By

Current Bill Status - On Floor Calendar

Bill Amendments

2023-S1199 - Details

2023-S1199 - Summary

2023-S1199 - Sponsor Memo

2023-S1199 - Bill Text download pdf

co-Sponsors

2023-S1199A - Details

2023-S1199A - Summary

2023-S1199A - Sponsor Memo

2023-S1199A - Bill Text download pdf

co-Sponsors

2023-S1199B (ACTIVE) - Details

2023-S1199B (ACTIVE) - Summary

2023-S1199B (ACTIVE) - Sponsor Memo

2023-S1199B (ACTIVE) - Bill Text download pdf

Comments