Senate Bill S1327

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1327--A
     Cal. No. 137
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sens.  PARKER,  COMRIE, FERNANDEZ, GOUNARDES, OBERACKER,
   WEBB -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Energy and Telecommunications  --  recommitted
   to  the  Committee on Energy and Telecommunications in accordance with
   Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
   committed  to  the  Committee on Rules -- reported favorably from said
   committee, ordered to a third reading, passed by Senate and  delivered
   to  the Assembly, recalled, vote reconsidered, restored to third read-
   ing, amended and ordered reprinted, 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-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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03272-03-5
 S. 1327--A                          2
 
   (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.
   (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.