Assembly Bill A4105A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4105--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM,  SANTABARBARA  --  read once and
   referred to the Committee on  Energy  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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-b to read as follows:
   §  37-B.  MINIMUM  STANDARDS  FOR  PAYMENT PLANS. 1. THE COMMISSION IS
 AUTHORIZED AND DIRECTED TO SET MINIMUM STANDARDS FOR PAYMENT  PLANS  FOR
 ELIGIBLE  CUSTOMERS  SET  UP  BY UTILITY COMPANIES. SUCH STANDARDS SHALL
 INCLUDE 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.
   2. (A) A PAYMENT  AGREEMENT  UNDER  THIS  SECTION  SHALL  PROVIDE  FOR
 INSTALLMENTS  AS  LOW  AS  TEN  DOLLARS  PER  MONTH AND NO DOWN PAYMENT,
 PROVIDED THE CUSTOMER OR APPLICANT DEMONSTRATES FINANCIAL NEED FOR  SUCH
 TERMS.
   (B)  EACH  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  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.
                                                            LBD03272-02-5
              

 A. 4105--A                          2
 
   (C)  WHILE  ENROLLED  IN  A  RESIDENTIAL  PAYMENT  PLAN, A RESIDENTIAL
 CUSTOMER'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.
   (D) PAYMENT PLANS SHALL BE OFFERED TO ALLOW A CUSTOMER TO PAY PAST-DUE
 AMOUNTS OVER A PERIOD OF TIME, UNLESS THE AMOUNTS DUE RELATE TO THEFT OF
 SERVICE,  TAMPERING, AN UNAUTHORIZED USE OF SERVICE, OR FAILURE TO ABIDE
 BY THE TERMS OF A TIME-PAYMENT PLAN.
   (E) 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 TWENTY PERCENT OR HIGHER THAN THE SUPPLY COST  OVER  TWO  CONSECUTIVE
 BILLING  CYCLES,  WHILE  A  RESIDENTIAL  CUSTOMER  IS ENROLLED IN AND IN
 COMPLIANCE WITH A PAYMENT PLAN, SUCH  CUSTOMER  SHALL  BE  PROVIDED  THE
 OPTION  TO SPREAD THE EFFECT OF THE RATE CHANGE RATABLY OVER THE REMAIN-
 DER 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.
   3. 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) MEDICAID;
   (L) FEDERAL PUBLIC HOUSING ASSISTANCE;
   (M) BUREAU OF INDIAN AFFAIRS GENERAL ASSISTANCE;
   (N) HEAD START;
   (O) TRIBAL TANF;
   (P) FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATION (FDPIR); AND
   (Q)  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.