Senate Bill S120

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  120--A
     Cal. No. 132
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  reported  favorably from said committee, ordered to first
   report, amended on first  report,  ordered  to  a  second  report  and
   ordered reprinted, retaining its place in the order of second report
 
 AN  ACT  to  amend  the  public  service law, in relation to prohibiting
   termination of residential utility service during forecasts of extreme
   temperature
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (c) of subdivision 3 of section 32 of the public
 service law, as added by chapter 713 of the laws of 1981, is amended  to
 read as follows:
   (c)  Special  procedures for cold weather periods. [(i) The commission
 shall establish procedures to be followed by a utility  or  municipality
 supplying  heat related service in cold weather periods. Such procedures
 shall be designed to  identify  and  assist,  prior  to  termination  of
 service,  those residents who may suffer serious impairment to health or
 safety as a result of any such termination. The commission shall  estab-
 lish the applicable cold weather periods; specify criteria for identify-
 ing  residents who are likely to suffer serious impairments, and require
 that such service not be terminated unless a representative of the util-
 ity or municipality makes a diligent effort to contact by  telephone  or
 in  person  an adult resident of the customer's premises at least seven-
 ty-two hours prior to termination, makes a personal visit at the time of
 termination and provides the customer  with  information  regarding  the
 protections  available  under this article. The commission shall provide
 for the manner in which such contacts  and  personal  visits  are  made.
 (ii)]  The  commission  shall  [also]  require a utility or municipality
 supplying service to continue  service  to  customers  where  a  serious
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00254-02-5
 S. 120--A                           2
 
 impairment  to  health or safety is likely to result from termination of
 service and the person supplied is unable because of mental or  physical
 problems  to  manage  [his  or  her]  THEIR  own resources or to protect
 [himself or herself] THEMSELF from neglect or hazardous situations with-
 out  the  assistance  of  others.  Doubts  shall be resolved in favor of
 continued service. Continuations of service shall be  for  a  period  of
 time  to  be established by the commission. The commission shall consult
 with the department of social services and  the  state  office  for  the
 aging in implementing the provisions of this paragraph.
   §  2.  Section 32 of the public service law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM  "FORECAST  OF
 EXTREME TEMPERATURE" MEANS A NATIONAL WEATHER SERVICE FORECAST OF NINETY
 DEGREES  FAHRENHEIT  OR ABOVE ON THE NATIONAL WEATHER SERVICE HEAT INDEX
 (APPARENT TEMPERATURE) DURING ANY TIME OF DAY  OR  NIGHT  OR  THIRTY-TWO
 DEGREES FAHRENHEIT OR BELOW DURING ANY TIME OF DAY OR NIGHT.
   (B)  A UTILITY OR MUNICIPALITY SUPPLYING RESIDENTIAL HEAT OR ELECTRIC-
 ITY SHALL NOT TERMINATE SUCH HEAT OR ELECTRICITY THE DAY OF  A  FORECAST
 OF  EXTREME  TEMPERATURE,  OR  IF  SUCH  FORECAST OF EXTREME TEMPERATURE
 PRECEDES A HOLIDAY OR WEEKEND DAY, ON ANY DAY  DURING  SUCH  HOLIDAY  OR
 WEEKEND DAY.
   (C)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE INTERPRETED OR OTHERWISE
 CONSTRUED  AS  PREEMPTING  SETTLEMENTS FILED WITH  THE   COMMISSION   OR
 DEPARTMENT  THAT  ARE  MORE STRICT THAN THOSE CONTAINED IN THIS SUBDIVI-
 SION.
   § 3. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  120--B
     Cal. No. 627
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. CLEARE, BROUK, FERNANDEZ, OBERACKER, ZELLNER -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Energy and Telecommunications -- reported favorably  from
   said  committee,  ordered  to  first  report, amended on first report,
   ordered to a second report and ordered reprinted, retaining its  place
   in the order of second report -- 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,  ordered to a third reading, passed by Senate and delivered to
   the Assembly, recalled, vote reconsidered, restored to third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the public  service  law,  in  relation  to  prohibiting
   termination of residential utility service during forecasts of extreme
   temperature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 3 of section 32 of the  public
 service  law, as added by chapter 713 of the laws of 1981, is amended to
 read as follows:
   (c) Special procedures for cold weather periods.  (i)  The  commission
 shall  establish  procedures to be followed by a utility or municipality
 supplying heat related service in cold weather periods. Such  procedures
 shall  be  designed  to  identify  and  assist,  prior to termination of
 service, those residents who may suffer serious impairment to health  or
 safety  as a result of any such termination. The commission shall estab-
 lish the applicable cold weather periods; specify criteria for identify-
 ing residents who are likely to suffer serious impairments, and  require
 that such service not be terminated unless a representative of the util-
 ity  or  municipality makes a diligent effort to contact by telephone or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00254-05-6
 S. 120--B                           2
 
 in person an adult resident of the customer's premises at  least  seven-
 ty-two hours prior to termination, makes a personal visit at the time of
 termination  and  provides  the  customer with information regarding the
 protections  available  under this article. The commission shall provide
 for the manner in which such contacts and personal visits are made. (ii)
 The commission shall [also] require a utility or municipality  supplying
 service  to  continue service to customers where a serious impairment to
 health or safety is likely to result from termination of service and the
 person supplied is unable because of  mental  or  physical  problems  to
 manage  [his  or  her]  THEIR  own  resources  or to protect [himself or
 herself] THEMSELF from  neglect  or  hazardous  situations  without  the
 assistance  of  others.  Doubts  shall be resolved in favor of continued
 service. Continuations of service shall be for a period of  time  to  be
 established  by  the  commission.  The commission shall consult with the
 department of social services and the state  office  for  the  aging  in
 implementing the provisions of this paragraph.
   §  2.  Section 32 of the public service law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM  "FORECAST  OF
 EXTREME  TEMPERATURE"  SHALL  MEAN  A  FORECAST  BY THE NATIONAL WEATHER
 SERVICE OR SUCH OTHER AUTHORITATIVE SOURCE AS DESIGNATED BY THE  COMMIS-
 SION THAT INDICATES:
   (I)  THE  HEAT INDEX OR AMBIENT AIR TEMPERATURE WILL REACH EIGHTY-FIVE
 DEGREES FAHRENHEIT OR ABOVE DURING ANY TIME OF DAY OR NIGHT; OR
   (II) LOWEST FORECASTED AMBIENT AIR  TEMPERATURE  OR  WIND  CHILL  WILL
 REACH  THIRTY-TWO  DEGREES FAHRENHEIT OR BELOW DURING ANY TIME OF DAY OR
 NIGHT.
   (B) A UTILITY OR MUNICIPALITY SUPPLYING RESIDENTIAL HEAT, ELECTRICITY,
 OR WATER SHALL NOT TERMINATE SUCH SERVICE THE DAY PRECEDING, THE DAY OF,
 AND THE TWO DAYS FOLLOWING A FORECAST OF EXTREME TEMPERATURE.  A UTILITY
 OR MUNICIPALITY SHALL ALSO IMMEDIATELY HALT  ANY  SCHEDULED  TERMINATION
 IF,  AT ANY POINT, DURING THAT DAY, THE HEAT INDEX, WIND CHILL, OR AMBI-
 ENT AIR TEMPERATURE REACHES OR EXCEEDS THE THRESHOLD SET FORTH IN  PARA-
 GRAPH  (A)  OF THIS SUBDIVISION, REGARDLESS OF WHETHER THE EARLIER FORE-
 CAST PREDICTED THAT THRESHOLD WOULD BE MET.
   (C) ANY PROVIDER OF SUBMETERED RESIDENTIAL ELECTRIC OR WATER  SERVICE,
 INCLUDING  ANY  SUBMETERING BILLING COMPANY OR THIRD-PARTY ADMINISTRATOR
 ACTING ON BEHALF OF A BUILDING OWNER OR MANAGER, SHALL BE SUBJECT TO THE
 SAME PROVISIONS APPLICABLE UNDER THIS SUBDIVISION.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion or part of this article of the application thereof to  any  person,
 firm  or  corporation, or circumstance shall be adjudged by any court of
 competent jurisdiction to be invalid or unconstitutional, such judgement
 shall not affect, impair or invalidate the remainder thereof, but  shall
 be  confined in its operation to the clause, sentence, paragraph, subdi-
 vision, or part of this act; or in its application to the person,  firm,
 corporation,  or  circumstance,  directly involved in the controversy in
 which such judgement shall have been rendered.
   § 4. This act shall take effect immediately.