Senate Bill S9023

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9023
 
                             I N  S E N A T E
 
                             January 22, 2026
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed  to  be  committed to the Committee on Energy and Telecommuni-
   cations
 
 AN ACT to amend the public service law, in relation to complaint  handl-
   ing procedures
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1 and 2 of section 43 of  the  public  service
 law, as added by chapter 713 of the laws of 1981, are amended to read as
 follows;
   1. The commission shall maintain regulations for the handling of resi-
 dential  customer complaints, which at a minimum shall require that each
 utility or municipality: (a) maintain procedures for  [prompt]  investi-
 gation  of  any complaint on a bill for gas or electric service rendered
 or a deposit required and [for prompt] reporting to the  complainant  of
 the  result of such investigation WITHIN THIRTY DAYS FROM THE RECEIPT OF
 SUCH COMPLAINT.  If such report is made orally, the utility  corporation
 or municipality shall [offer] ADDITIONALLY PROVIDE the complainant [upon
 a  written  request  the opportunity to receive] A COPY OF the report in
 writing IN PLAIN AND SIMPLE LANGUAGE; (b) inform any  complainant  whose
 complaint  is  resolved  in  favor of the utility corporation or munici-
 pality, 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  utility,  munici-
 pality  or  the  commission and for fifteen days thereafter, or for such
 period as the commission for good cause shall establish; provided howev-
 er, that as a condition of continued service during the 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, THE UTILITY, MUNICIPALITY OR COMMISSION, AS  APPLICABLE  SHALL
 PROVIDE  WRITTEN  NOTICE  IN  PLAIN  AND SIMPLE LANGUAGE TO THE CUSTOMER
 REGARDING WHICH PORTIONS OF A BILL ARE CONSIDERED CONTESTED AND WHAT  IS
 REQUIRED TO BE PAID TO PREVENT TERMINATION OF SERVICE DURING THE PENDEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14207-01-5
 S. 9023                             2
 
 CY  OF  A DISPUTE; 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.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.