Senate Bill S8736

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8736
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, the public service law
   and the public authorities law, in relation to prohibiting the seizure
   of utility meters and  the  termination  of  utility  service  through
   replevin actions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature finds that access  to
 gas, electric, and steam service is essential to the health, safety, and
 general  welfare  of residents and businesses of the state. The legisla-
 ture further finds that regulated utilities and public authorities  have
 used  replevin  actions pursuant to article 71 of the civil practice law
 and rules to seize utility meters as a  means  of  terminating  service,
 including  through  orders  of seizure that authorize law enforcement to
 enter premises. The legislature determines that the seizure  of  utility
 meters  and  the  termination  of essential utility service through such
 actions is contrary to the public interest and undermines existing util-
 ity consumer protections. It is therefore the intent of the  legislature
 to  prohibit  the use of replevin actions to seize utility meters and to
 prevent the termination of utility service pursuant to section  7101  of
 the civil practice law and rules.
   §  2.  Section  7101 of the civil practice law and rules is amended to
 read as follows:
   § 7101. When action may be brought. (A) An action under  this  article
 may be brought to try the right to possession of a chattel.
   (B)  THIS  ARTICLE SHALL NOT APPLY TO THE PROVISION OF ANY PART OF THE
 GAS, ELECTRIC OR STEAM SERVICE PROVIDED TO ANY RESIDENTIAL  CUSTOMER  OR
 NON-RESIDENTIAL  CUSTOMER  BY  ANY GAS, ELECTRIC OR STEAM CORPORATION OR
 MUNICIPALITY, INCLUDING THE LONG ISLAND POWER AUTHORITY.  IT  IS  HEREBY
 DECLARED  TO BE THE POLICY OF THIS STATE THAT THE CONTINUED PROVISION OF
 ALL OR ANY PART OF SUCH GAS, ELECTRIC AND STEAM SERVICE TO ALL  RESIDEN-
 TIAL  AND  NON-RESIDENTIAL CUSTOMERS WITHOUT UNREASONABLE QUALIFICATIONS
 OR LENGTHY DELAYS IS NECESSARY FOR THE PRESERVATION OF  THE  HEALTH  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14369-01-6
 S. 8736                             2
 
 GENERAL  WELFARE AND IS IN THE PUBLIC INTEREST. THE SEIZURE OF ELECTRIC,
 GAS, OR STEAM METERS IS AGAINST THE PUBLIC INTEREST.
   §  3.  Section 32 of the public service law is amended by adding a new
 subdivision 7 to read as follows:
   7. UTILITY SERVICE SHALL NOT BE TERMINATED FOR ANY  RESIDENTIAL  ELEC-
 TRIC  OR  GAS  SERVICE  TO  A  RESIDENCE PURSUANT TO SECTION SEVENTY-ONE
 HUNDRED ONE OF THE CIVIL PRACTICE LAW AND RULES.
   § 4. Title 1-A of article 5 of the public authorities law, as added by
 chapter 517 of the laws of 1986, is amended  by  adding  a  new  section
 1020-nn to read as follows:
   §  1020-NN.  UTILITY  SERVICE. UTILITY SERVICE SHALL NOT BE TERMINATED
 FOR ANY RESIDENTIAL CUSTOMER OR  NON-RESIDENTIAL  CUSTOMER  PURSUANT  TO
 SECTION SEVENTY-ONE HUNDRED ONE OF THE CIVIL PRACTICE LAW AND RULES.
   § 5. This act shall take effect immediately.