The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1200
 
                        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 requiring the
   establishment of automatic payment plans
 
   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. UTILITY AUTOMATIC PAYMENT PLANS. 1.  WITHIN ONE HUNDRED EIGHTY
 DAYS OF THE EFFECTIVE DATE OF THIS SECTION,  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  LAW, THE COMMISSION IS AUTHORIZED AND DIRECTED TO REQUIRE
 INVESTOR OWNED COMBINATION UTILITY COMPANIES HEADQUARTERED IN  NEW  YORK
 TO  ESTABLISH  A STATEWIDE PROGRAM TO PROVIDE ELIGIBLE PARTICIPANTS WITH
 AFFORDABILITY PAYMENT PLANS. INVESTOR OWNED COMBINATION  UTILITY  COMPA-
 NIES SHALL AUTOMATICALLY PROVIDE APPROPRIATE PAYMENT PLANS TO QUALIFYING
 LOW  INCOME  INDIVIDUALS  WHO PROVIDE DOCUMENTATION OF THEIR ELIGIBILITY
 STATUS.  THE FISCAL IMPACT OF SUCH A  PROGRAM  SHALL  NOT  BE  BORNE  BY
 CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED BY THE INVESTOR OWNED
 COMBINATION  UTILITY COMPANY TO CUSTOMERS. ENROLLMENT SHALL BE AVAILABLE
 AT ANY TIME DURING THE YEAR. FOR THE PURPOSES OF THIS SECTION, "COMBINA-
 TION UTILITY COMPANY" SHALL MEAN A UTILITY COMPANY THAT  PROVIDES  ELEC-
 TRIC, GAS, OR STEAM SERVICE.
   2.  (A)  THE  COMMISSION  SHALL ENGAGE WITH INVESTOR OWNED COMBINATION
 UTILITY COMPANIES TO ESTABLISH AUTOMATED FILE MATCHING  MECHANISMS  THAT
 WILL  PROVIDE,  VIA ELECTRONIC MEANS, INVESTOR OWNED COMBINATION UTILITY
 COMPANIES WITH A LIST OF ELIGIBLE PARTICIPANTS WITHIN THE UTILITY COMPA-
 NY'S SERVICE TERRITORY. THE COMMISSION SHALL PROVIDE SUCH INFORMATION TO
 SUCH UTILITY COMPANIES NO LESS THAN  SEMI-ANNUALLY.  AN  INVESTOR  OWNED
 COMBINATION  UTILITY  COMPANY  WHICH  OFFERS SUCH A PAYMENT PLAN PROGRAM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04261-01-3
 S. 1200                             2

 
 SHALL CONSPICUOUSLY ADVERTISE THE  AVAILABILITY  OF  SUCH  PLAN  ON  THE
 WEBSITE OF SUCH UTILITY COMPANY.
   (B)  THE COMMISSION SHALL ALSO CREATE A MECHANISM BY WHICH AN INDIVID-
 UAL'S DOCUMENTATION IS SUBMITTED AND REASONABLY  AND  PROMPTLY  REVIEWED
 FOR  QUALIFICATION AS PROPER DOCUMENTATION OF THE INDIVIDUAL'S ELIGIBIL-
 ITY STATUS. SUCH MECHANISM SHALL ALSO PROVIDE FOR ELECTRONIC  SUBMISSION
 OF DOCUMENTATION.
   3. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
 PAYMENT  PLAN  IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES DOCUMENTATION OF
 ELIGIBILITY 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.
   4. (A) WHEN DEVISING PAYMENT PLANS, THE UTILITY COMPANY SHALL CONSIDER
 THE CIRCUMSTANCES AND FINANCIAL CONDITION OF THE CUSTOMER INCLUDING:
   (I) THE AMOUNT DUE, IF ANY, ON THE ACCOUNT;
   (II) THE CUSTOMER'S ABILITY TO PAY;
   (III) THE CUSTOMER'S PAYMENT HISTORY;
   (IV) THE ANTICIPATED ENERGY ASSISTANCE BENEFITS FOR WHICH THE CUSTOMER
 MAY BE ELIGIBLE;
   (V) THE CIRCUMSTANCES WHICH RESULTED IN THE PAST DUE BILLS;
   (VI)  HARDSHIPS  WHICH  MAY RESULT FROM THE LACK OF UTILITY SERVICE TO
 THE CUSTOMER; AND
   (VII) ANY OTHER RELEVANT FACTORS RELATED TO THE CIRCUMSTANCES  OF  THE
 CUSTOMER.
   (B)  AN  INVESTOR-OWNED  COMBINATION UTILITY COMPANY SHALL 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  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.
   5. THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST ANY  INVESTOR
 OWNED  COMBINATION UTILITY COMPANIES THAT VIOLATE THIS SECTION TO ENJOIN
 SUCH VIOLATION AND MAY RECOVER A CIVIL PENALTY  OF  UP  TO  ONE  HUNDRED
 DOLLARS  PER  VIOLATION OF THIS SECTION OR, FOR A PATTERN OR PRACTICE OF
 SUCH VIOLATIONS, OF UP  TO  ONE  THOUSAND  DOLLARS  PER  VIOLATION.    A
 VIOLATION SHALL BE JUDGED PER INDIVIDUAL ACCOUNT.
   § 2. This act shall take effect immediately.