Assembly Bill A1441A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1441--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. DINOWITZ, SEAWRIGHT, OTIS, JACOBSON -- read once
   and referred to the Committee on Corporations, Authorities and Commis-
   sions -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the public service law, in relation to complaint handl-
   ing procedures by the public service commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 43 of the public service law, as added by chapter
 713 of the laws of 1981, subdivision 3 as added by chapter  686  of  the
 laws of 2002, is amended to read as follows:
   § 43. Complaint  handling procedures. 1. The commission shall maintain
 regulations for the handling of [residential] ALL  customer  complaints,
 which  at a minimum shall require that each utility or municipality: (a)
 maintain procedures, AND PROVIDE A COPY OF THOSE PROCEDURES, AS AMENDED,
 TO THE COMMISSION, for prompt investigation of any complaint on  a  bill
 for  gas,  STEAM, or electric service rendered or a deposit required and
 for prompt reporting to the complainant [of] WITHIN: (I)  FIFTEEN  BUSI-
 NESS  DAYS  AFTER  the result of such investigation FOR A UTILITY CORPO-
 RATION; OR (II) THIRTY BUSINESS DAYS AFTER THE RESULT OF  SUCH  INVESTI-
 GATION  FOR  A  MUNICIPALITY. [If such] SUCH report [is made orally, the
 utility corporation or municipality shall offer the complainant  upon  a
 written  request the opportunity to receive the report in writing] SHALL
 BE IN WRITING AND PROVIDE ALL SUPPORTING DOCUMENTATION; (b)  inform  any
 complainant  [whose complaint is resolved in favor of the utility corpo-
 ration or municipality, in whole or in part,] of the availability of the
 commission's complaint handling procedures; (c) refrain from terminating
 service for nonpayment so long as a complaint is pending before a utili-
 ty, municipality or the commission and for fifteen days  thereafter,  or
 for  such  period  as  the  commission  for  good cause shall establish;
 provided however, that as a condition of continued  service  during  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03245-02-5
              

 A. 1441--A                          2
 
 pendency  of  any  such  dispute,  a  customer  shall pay the undisputed
 portions of any bill for service including bills for current  usage,  or
 such amounts as the commission determines reasonably reflect the cost of
 usage  to  such  customer;  and  (d)  refrain from treating the disputed
 portion of any bill as late during the pendency of any complaint  before
 the utility or municipality.
   2.  The  commission  shall maintain regulations for complaint handling
 procedures including complaints with respect to  the  negotiation  of  a
 deferred  payment  agreement  which  shall  include,  at  a minimum: (a)
 provision for investigation and informal review and for  appeal  to  the
 commission  in  its  discretion;  (b)  that  the  burden of proof in all
 proceedings shall be on the utility corporation or municipality,  except
 as  otherwise  provided  by  the  commission  for  good  cause;  and (c)
 provision  for  parties  to  receive  a  written  determination  of  any
 complaint[,  upon  request,] in plain and simple English, which determi-
 nation shall set forth the relevant facts established, the  reasons  for
 the  determination,  what  actions must be taken and what further proce-
 dures are available to a complainant.
   3. [The commission shall use its best efforts to complete its investi-
 gation and review and to issue, within ninety days,  its  final  written
 determination  of any appeal to it pursuant to this section.] FAILURE BY
 ANY UTILITY  CORPORATION  OR  MUNICIPALITY  TO  PROVIDE  A  RESPONSE  AS
 PROVIDED  BY SUBDIVISION ONE OF THIS SECTION, SHALL INVOKE A PENALTY OF:
 (A) ONE HUNDRED DOLLARS PER BUSINESS DAY  FOR  EACH  BUSINESS  DAY  THAT
 EXCEEDS  THE  INITIAL  FIFTEEN  BUSINESS DAY PERIOD FOR A UTILITY CORPO-
 RATION; OR (B) TWENTY-FIVE DOLLARS PER BUSINESS DAY  FOR  EACH  BUSINESS
 DAY  THAT  EXCEEDS  THE INITIAL THIRTY BUSINESS DAY PERIOD FOR A MUNICI-
 PALITY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.  Effective  immediately,  the addition, amendment,
 and/or repeal of any rule  or  regulation  necessary  to  implement  the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such effective date.