S T A T E O F N E W Y O R K
________________________________________________________________________
904--B
Cal. No. 141
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. GONZALEZ, BRISPORT, HINCHEY, SALAZAR, WEBB -- read
twice and ordered printed, and when printed to be committed to the
Committee on Energy and Telecommunications -- 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 reading, amended and ordered reprinted, retaining
its place in the order of third reading -- repassed 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 termination of
certain utility services and to reports on investigatory proceedings
relating to gas, electric, and steam service
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "consumer utility protections during investigations act" or the
"CUPDI act".
§ 2. Section 2 of the public service law is amended by adding a new
subdivision 30 to read as follows:
30. "FINAL DETERMINATION" OR "FINALLY DETERMINED" MEANS A JUDICIAL
DECISION: (I) BY THE HIGHEST COURT OF COMPETENT JURISDICTION; OR (II) BY
A COURT OF COMPETENT JURISDICTION FROM WHICH NO APPEAL HAS BEEN TAKEN
AND THE TIME WITHIN WHICH TO APPEAL HAS EXPIRED.
§ 3. The public service law is amended by adding a new section 54 to
read as follows:
§ 54. INVESTIGATIONS RELATING TO RESIDENTIAL GAS, ELECTRIC AND STEAM
UTILITY SERVICE. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "INVESTI-
GATION" SHALL MEAN A FORMAL PROCEEDING CONDUCTED BY THE COMMISSION TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00509-05-5
S. 904--B 2
EXAMINE THE BILLING, RATES, OR CHARGES OF A UTILITY CORPORATION OR ANY
PROCEEDING DURING WHICH THE COMMISSION DEEMS IT APPROPRIATE TO PAUSE THE
CHARGES DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. THE TERM "INVES-
TIGATION" SHALL INCLUDE SUCH PROCEEDINGS CONDUCTED PURSUANT TO SECTION
SEVENTY-ONE OF THIS CHAPTER. NOTWITHSTANDING ANY PROVISION OF LAW, RULE
OR REGULATION TO THE CONTRARY, THE TERM "INVESTIGATION" SHALL NOT
INCLUDE COMMISSION INQUIRIES TRIGGERED BY AN INDIVIDUAL CUSTOMER
COMPLAINT FILED PURSUANT TO SECTION FORTY-THREE OF THIS ARTICLE. THE
TERM "INVESTIGATION" SHALL NOT INCLUDE A PROCEEDING RELATING TO A "MAJOR
CHANGE" AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION TWELVE OF SECTION
SIXTY-SIX OF THIS CHAPTER.
2. (A) A UTILITY CORPORATION SHALL NOT IMPOSE LATE FEES, INTEREST OR
PENALTIES DURING AN INVESTIGATION IF SUCH UTILITY CORPORATION IS THE
SUBJECT OF A PENDING INVESTIGATION, PROVIDED HOWEVER, THAT SUCH LATE
FEES, INTEREST AND PENALTIES MAY BE IMPOSED RETROACTIVELY IF SUCH INVES-
TIGATION IS ISSUED A FINAL ORDER IN FAVOR OF SUCH UTILITY CORPORATION.
SUCH LATE PAYMENT CHARGES SHALL BE IN COMPLIANCE WITH THE GUIDELINES SET
FORTH IN SECTION FORTY-TWO OF THIS ARTICLE.
(B) UPON THE FINAL DETERMINATION OR BY THE ISSUANCE OF A FINAL ORDER,
OF ANY INVESTIGATION COVERED BY THIS SECTION, THE COMMISSION SHALL
EITHER (I) DETERMINE ANY ALLOWABLE PENALTIES THE UTILITY CORPORATION MAY
IMPOSE UPON ITS CUSTOMERS, OR (II) WAIVE, OR PARTIALLY WAIVE, ANY INTER-
EST OR FEES CHARGED BY THE UTILITY CORPORATION TO THE CONSUMER ON SUCH
CONSUMER'S BILLING STATEMENTS DURING A PERIOD SUCH UTILITY CORPORATION
DETERMINES TO BE RELATED TO SUCH INVESTIGATION.
3. NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
CONTRARY, UTILITY SERVICE SHALL NOT BE TERMINATED TO RESIDENTIAL
ACCOUNTS FOR NON-PAYMENT OF AN OVERDUE CHARGE FROM THE COMMENCEMENT OF
ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED TWENTY DAYS AFTER THE
FINDINGS OF SUCH INVESTIGATION HAVE BEEN PUBLISHED AND A DETERMINATION
HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION SHALL PROHIB-
IT A UTILITY CORPORATION FROM DISCONNECTING SERVICE NECESSARY TO PROTECT
THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC.
4. (A) WITHIN TEN DAYS OF THE COMMENCEMENT OF AN INVESTIGATION, THE
UTILITY CORPORATION SHALL NOTIFY RESIDENTIAL CUSTOMERS OF SUCH INVESTI-
GATION. FORMS OF NOTIFICATION OF AN INVESTIGATION FROM A UTILITY CORPO-
RATION TO A RESIDENTIAL CUSTOMER SHALL INCLUDE, BUT NOT BE LIMITED TO,
LETTERS, NOTICES ON UTILITY BILLS, PHONE CALLS, AND NOTICES POSTED ON
THE UTILITY CORPORATION'S WEBSITE.
(B) WITHIN THREE DAYS OF THE COMMENCEMENT OF AN INVESTIGATION, THE
DEPARTMENT SHALL POST A NOTICE TO THE GENERAL PUBLIC OF SUCH INVESTI-
GATION ON ITS WEBSITE.
§ 4. The public service law is amended by adding a new section 77-a to
read as follows:
§ 77-A. INVESTIGATIONS RELATING TO COMMERCIAL GAS AND ELECTRIC UTILITY
SERVICE. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "INVESTIGATION"
SHALL MEAN A FORMAL PROCEEDING CONDUCTED BY THE COMMISSION TO EXAMINE
THE BILLING, RATES, OR CHARGES OF A UTILITY CORPORATION OR ANY PROCEED-
ING DURING WHICH THE COMMISSION DEEMS IT APPROPRIATE TO PAUSE THE CHARG-
ES DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. THE TERM "INVESTI-
GATION" SHALL INCLUDE SUCH PROCEEDINGS CONDUCTED PURSUANT TO SECTION
SEVENTY-ONE OF THIS ARTICLE. NOTWITHSTANDING ANY LAW, RULE OR REGU-
LATION TO THE CONTRARY, THE TERM "INVESTIGATION" SHALL NOT INCLUDE
COMMISSION INQUIRIES TRIGGERED BY AN INDIVIDUAL CUSTOMER COMPLAINT FILED
PURSUANT TO SECTION FORTY-THREE OF THIS CHAPTER. THE TERM "INVESTI-
GATION" SHALL NOT INCLUDE A PROCEEDING RELATING TO A "MAJOR CHANGE" AS
S. 904--B 3
DEFINED IN PARAGRAPH (C) OF SUBDIVISION TWELVE OF SECTION SIXTY-SIX OF
THIS ARTICLE.
2. (A) A UTILITY CORPORATION SHALL NOT IMPOSE LATE FEES, INTEREST OR
PENALTIES DURING AN INVESTIGATION IF SUCH UTILITY CORPORATION IS THE
SUBJECT OF A PENDING INVESTIGATION, PROVIDED HOWEVER, THAT SUCH LATE
FEES, INTEREST AND PENALTIES MAY BE IMPOSED RETROACTIVELY IF SUCH INVES-
TIGATION IS ISSUED A FINAL ORDER IN FAVOR OF SUCH UTILITY CORPORATION.
SUCH LATE PAYMENT CHARGES SHALL BE IN COMPLIANCE WITH THE GUIDELINES SET
FORTH IN SECTION SIXTY-FIVE OF THIS ARTICLE.
(B) UPON THE FINAL DETERMINATION OR BY THE ISSUANCE OF A FINAL ORDER,
OF ANY INVESTIGATION COVERED BY THIS SECTION, THE COMMISSION SHALL
EITHER (I) DETERMINE ANY ALLOWABLE PENALTIES THE UTILITY CORPORATION MAY
IMPOSE UPON ITS CUSTOMERS, OR (II) WAIVE, OR PARTIALLY WAIVE, ANY INTER-
EST OR FEES CHARGED BY SUCH UTILITY CORPORATION TO THE CONSUMER ON SUCH
CONSUMER'S BILLING STATEMENTS DURING A PERIOD SUCH UTILITY CORPORATION
DETERMINES TO BE RELATED TO SUCH INVESTIGATION.
3. NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
CONTRARY, UTILITY SERVICE SHALL NOT BE TERMINATED TO RESIDENTIAL
ACCOUNTS FOR NON-PAYMENT OF AN OVERDUE CHARGE FROM THE COMMENCEMENT OF
ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED TWENTY DAYS AFTER THE
FINDINGS OF SUCH INVESTIGATION HAVE BEEN PUBLISHED AND A DETERMINATION
HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION SHALL PROHIB-
IT A UTILITY CORPORATION FROM DISCONNECTING SERVICE NECESSARY TO PROTECT
THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC.
4. (A) WITHIN TEN DAYS OF THE COMMENCEMENT OF AN INVESTIGATION, THE
UTILITY CORPORATION SHALL NOTIFY RESIDENTIAL CUSTOMERS OF SUCH INVESTI-
GATION. FORMS OF NOTIFICATION OF AN INVESTIGATION FROM A UTILITY CORPO-
RATION TO A RESIDENTIAL CUSTOMER SHALL INCLUDE, BUT NOT BE LIMITED TO,
LETTERS, NOTICES ON UTILITY BILLS, PHONE CALLS, AND NOTICES POSTED ON
THE UTILITY CORPORATION'S WEBSITE.
(B) WITHIN THREE DAYS OF THE COMMENCEMENT OF AN INVESTIGATION, THE
DEPARTMENT SHALL POST A NOTICE TO THE GENERAL PUBLIC OF SUCH INVESTI-
GATION ON ITS WEBSITE.
§ 5. The public service law is amended by adding a new section 85-a to
read as follows:
§ 85-A. INVESTIGATIONS RELATING TO COMMERCIAL STEAM UTILITY SERVICE.
1. FOR THE PURPOSES OF THIS SECTION, THE TERM "INVESTIGATION" SHALL
MEAN A FORMAL PROCEEDING CONDUCTED BY THE COMMISSION TO EXAMINE THE
BILLING, RATES, OR CHARGES, OF A UTILITY CORPORATION OR ANY PROCEEDING
DURING WHICH THE COMMISSION DEEMS IT APPROPRIATE TO PAUSE THE CHARGES
DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. THE TERM "INVESTIGATION"
SHALL INCLUDE SUCH PROCEEDINGS CONDUCTED PURSUANT TO SECTION SEVENTY-ONE
OF THIS CHAPTER. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE
CONTRARY, THE TERM "INVESTIGATION" SHALL NOT INCLUDE COMMISSION
INQUIRIES TRIGGERED BY AN INDIVIDUAL CUSTOMER COMPLAINT FILED PURSUANT
TO SECTION FORTY-THREE OF THIS CHAPTER. THE TERM "INVESTIGATION" SHALL
NOT INCLUDE A PROCEEDING RELATING TO A "MAJOR CHANGE" AS DEFINED IN
PARAGRAPH (C) OF SUBDIVISION TWELVE OF SECTION SIXTY-SIX OF THIS CHAP-
TER.
2. (A) A UTILITY CORPORATION SHALL NOT IMPOSE LATE FEES, INTEREST, OR
PENALTIES DURING AN INVESTIGATION IF SUCH UTILITY CORPORATION IS THE
SUBJECT OF A PENDING INVESTIGATION, PROVIDED HOWEVER, THAT SUCH LATE
FEES, INTEREST AND PENALTIES MAY BE IMPOSED RETROACTIVELY IF SUCH INVES-
TIGATION IS ISSUED A FINAL ORDER IN FAVOR OF SUCH UTILITY CORPORATION.
SUCH LATE PAYMENT CHARGES SHALL BE IN COMPLIANCE WITH SECTION SEVENTY-
NINE OF THIS ARTICLE.
S. 904--B 4
(B) UPON THE FINAL DETERMINATION OR BY THE ISSUANCE OF A FINAL ORDER,
OF ANY INVESTIGATION COVERED BY THIS SECTION, THE COMMISSION SHALL
EITHER (I) DETERMINE ANY ALLOWABLE PENALTIES THE UTILITY CORPORATION MAY
IMPOSE UPON ITS CUSTOMERS, OR (II) WAIVE, OR PARTIALLY WAIVE, ANY INTER-
EST OR FEES CHARGED BY THE UTILITY CORPORATION TO THE CONSUMER ON SUCH
CONSUMER'S BILLING STATEMENTS DURING A PERIOD SUCH UTILITY CORPORATION
DETERMINES TO BE RELATED TO SUCH INVESTIGATION.
3. NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
CONTRARY, UTILITY SERVICE SHALL NOT BE TERMINATED TO RESIDENTIAL
ACCOUNTS FOR NON-PAYMENT OF AN OVERDUE CHARGE FROM THE COMMENCEMENT OF
ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED TWENTY DAYS AFTER THE
FINDINGS OF SUCH INVESTIGATION HAVE BEEN PUBLISHED AND A DETERMINATION
HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION SHALL PROHIB-
IT A UTILITY CORPORATION FROM DISCONNECTING SERVICE NECESSARY TO PROTECT
THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC.
4. (A) WITHIN TEN DAYS OF THE COMMENCEMENT OF AN INVESTIGATION, THE
UTILITY CORPORATION SHALL NOTIFY RESIDENTIAL CUSTOMERS OF SUCH INVESTI-
GATION. FORMS OF NOTIFICATION OF AN INVESTIGATION FROM A UTILITY CORPO-
RATION TO A RESIDENTIAL CUSTOMER SHALL INCLUDE, BUT NOT BE LIMITED TO,
LETTERS, NOTICES ON UTILITY BILLS, PHONE CALLS, AND NOTICES POSTED ON
THE UTILITY CORPORATION'S WEBSITE.
(B) WITHIN THREE DAYS OF THE COMMENCEMENT OF AN INVESTIGATION, THE
DEPARTMENT SHALL POST A NOTICE TO THE GENERAL PUBLIC OF SUCH INVESTI-
GATION ON ITS WEBSITE.
§ 6. The public service law is amended by adding a new section 16-a to
read as follows:
§ 16-A. REPORTS ON INVESTIGATORY PROCEEDINGS RELATING TO GAS, ELEC-
TRIC, AND STEAM SERVICE. THE COMMISSION SHALL SUBMIT TO THE GOVERNOR,
THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
CHAIR OF THE ASSEMBLY CORPORATIONS, COMMISSIONS, AND AUTHORITIES COMMIT-
TEE, AND THE CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE
AN ANNUAL REPORT DETAILING THE LIST OF INVESTIGATIONS THAT WERE DEEMED
APPLICABLE UNDER SECTIONS FIFTY-FOUR, SEVENTY-SEVEN-A, AND EIGHTY-FIVE-A
OF THIS CHAPTER. SUCH REPORT SHALL INCLUDE AN EXPLANATION OF THE
INSTANCES WHERE THE COMMISSION HAS DEEMED THE USE OF SUCH PROVISIONS
APPROPRIATE. ADDITIONALLY, THE REPORT SHALL INCLUDE ALL APPROPRIATE
CASE NUMBERS, OR DOCKET NUMBERS WHERE APPLICABLE, UTILIZED IN THE
COMMISSION'S RECORDS KEEPING SYSTEMS AND ANY OTHER INFORMATION THAT THE
COMMISSION DEEMS NECESSARY.
FOR THE PURPOSES OF THIS SECTION, THE TERM "INVESTIGATION" SHALL HAVE
THE SAME MEANING AS DEFINED IN SECTIONS FIFTY-FOUR, SEVENTY-SEVEN-A, AND
EIGHTY-FIVE-A OF THIS CHAPTER.
§ 7. This act shall take effect on the thirtieth day after it shall
have become a law.
