Senate Bill S9080

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9080
 
                             I N  S E N A T E
 
                             January 29, 2026
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 enacting the
   "protect our most vulnerable act"
 
   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 "protect our most vulnerable act".
   § 2. Paragraph (b) 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:
   (b) Customers who are elderly,  blind,  or  disabled.  The  commission
 shall  provide special procedures to be followed by a utility or munici-
 pality with respect to the termination or restoration of  service  to  a
 residence where the customer is known to or identified to the utility to
 be  blind,  disabled,  or sixty-two years of age or older; provided that
 all the remaining residents of the household are sixty-two years of  age
 or  older,  eighteen  years  of  age or under, or blind or disabled. The
 commission shall afford reasonable  protections  to  elderly,  blind  or
 disabled customers, including a requirement that the utility corporation
 or  municipality  make  a  diligent effort to contact by telephone or in
 person an adult resident at the customer's premises at least seventy-two
 hours prior to termination of service. The commission shall also  estab-
 lish  reasonable  procedures  for identifying customers eligible for the
 protections of this section AND SECTION THIRTY-FOUR-A OF THIS ARTICLE.
   § 3. The public service law is amended by adding a new section 34-a to
 read as follows:
   § 34-A. DISCONTINUANCE  OF  RESIDENTIAL  UTILITY  SERVICE  TO  ELDERLY
 CUSTOMERS.  1.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, NO UTILITY
 CORPORATION OR MUNICIPALITY SHALL DISCONTINUE GAS OR ELECTRIC SERVICE TO
 AN ELDERLY CUSTOMER LOCATED ANYWHERE IN THIS STATE  PROVIDED  THAT  SUCH
 CUSTOMER  IS MAKING GOOD-FAITH PAYMENTS BETWEEN FIVE AND FIFTEEN PERCENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14421-01-6
              

 S. 9080                             2
 
 OF THEIR MONTHLY INCOME TOWARD  THEIR  OUTSTANDING  BILLS  FOR  RENDERED
 SERVICES.
   2.  A UTILITY CORPORATION OR MUNICIPALITY SHALL NOT DISCONTINUE GAS OR
 ELECTRIC SERVICE TO AN  ELDERLY  CUSTOMER  FOR  NONPAYMENT  OF  RENDERED
 SERVICES  UNLESS  SUCH  CORPORATION  OR  MUNICIPALITY PROVIDES CLEAR AND
 DOCUMENTED EVIDENCE IN A PROCESS ESTABLISHED BY THE COMMISSION THAT SUCH
 CUSTOMER FAILED TO MAKE PAYMENTS IN ACCORDANCE WITH SUBDIVISION  ONE  OF
 THIS SECTION. SUCH EVIDENCE SHALL INCLUDE DOCUMENTATION THAT THE ELDERLY
 CUSTOMER  DID  NOT  ATTEMPT  TO PAY THEIR OUTSTANDING BILLS FOR RENDERED
 SERVICES AND THAT THE OBLIGATIONS OWED BY  THE  UTILITY  CORPORATION  OR
 MUNICIPALITY  TO  PROVIDE  PAYMENT  PLANS  AND  REFERRALS  TO ASSISTANCE
 PROGRAMS HAVE BEEN SATISFIED.
   3. A UTILITY CORPORATION OR MUNICIPALITY SHALL NOT PREVENT  OR  INTER-
 FERE  WITH  AN ELDERLY CUSTOMER'S ABILITY TO MAKE PAYMENTS IN ACCORDANCE
 WITH SUBDIVISION ONE OF THIS  SECTION  BY  DENYING  ACCESS  TO  ACCEPTED
 PAYMENT METHODS, RETURNING OR FAILING TO PROCESS CHECKS OR MONEY ORDERS,
 OR IMPOSING OTHER ADMINISTRATIVE BARRIERS.
   4. A UTILITY CORPORATION OR MUNICIPALITY FOUND TO ENGAGE IN MISCONDUCT
 UNDER  THIS  SECTION  SHALL  BE  SUBJECT  TO ADDITIONAL OVERSIGHT BY THE
 COMMISSION INCLUDING MANDATORY COMPLIANCE PLANS AND HEIGHTENED REPORTING
 OBLIGATIONS. SUCH MISCONDUCT SHALL INCLUDE, BUT IS NOT LIMITED  TO,  THE
 FAILURE  TO  PROCESS  PAYMENTS, THE MISREPRESENTATION OF CUSTOMER HISTO-
 RIES, AND THE ATTEMPT TO DISCONTINUE GAS OR ELECTRIC SERVICE  EXCEPT  AS
 PERMITTED BY THIS SECTION.
   5.  THE  COMMISSION  SHALL REQUIRE EACH UTILITY CORPORATION OR MUNICI-
 PALITY TO SUBMIT AN ANNUAL REPORT CONTAINING THE FOLLOWING  INFORMATION:
 THE NUMBER OF ACCOUNTS HELD BY ELDERLY CUSTOMERS; THE NUMBER OF ACCOUNTS
 COVERED  UNDER  THIS SECTION; THE NUMBER OF ACCOUNTS WHOSE SERVICES WERE
 DISCONTINUED UNDER SUBDIVISION TWO OF THIS SECTION; AND ANY PATTERNS  OF
 NONCOMPLIANCE.
   6.  THE  COMMISSION  SHALL  CONDUCT  AUDITS,  ISSUE  CORRECTIVE ACTION
 ORDERS, AND IMPOSE PENALTIES, FINES, OR OTHER  ENFORCEMENT  MEASURES  ON
 ANY  UTILITY  CORPORATION OR MUNICIPALITY THAT VIOLATES THE REQUIREMENTS
 OF THIS SECTION.
   7. THE COMMISSION SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
 FOR THE IMPLEMENTATION OF THIS SECTION, INCLUDING BUT NOT LIMITED TO:
   (A) ESTABLISHING  A  PROCESS  AND  UNIFORM  STANDARDS  FOR  ACCEPTABLE
 EVIDENCE OF NONPAYMENT TO UTILITY CORPORATIONS AND MUNICIPALITIES;
   (B)  CREATING  GUIDELINES  FOR  THE  VERIFICATION  OF ELDERLY CUSTOMER
 INCOME FOR PAYMENT-PERCENTAGE CALCULATIONS; AND
   (C) ENSURING UTILITY CORPORATIONS AND MUNICIPALITIES MAINTAIN ACCURATE
 RECORDS OF ALL INTERACTIONS,  NOTICES,  AND  PAYMENT  ATTEMPTS  MADE  BY
 ELDERLY CUSTOMERS PURSUANT TO THIS SECTION.
   8.  NO  LATER THAN TEN YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSION SHALL REVIEW AND PUBLISH A STATEWIDE REPORT REGARDING THE
 EFFECTIVENESS OF THIS SECTION AND RECOMMENDATIONS RELATED TO STRENGTHEN-
 ING EXISTING PROTECTIONS AND EXPANDING CUSTOMER ELIGIBILITY.
   9. FOR THE PURPOSES OF THIS SECTION, "ELDERLY CUSTOMER" SHALL  MEAN  A
 PRIMARY  NAMED  UTILITY  SERVICE  ACCOUNTHOLDER  WHO IS AT LEAST SEVENTY
 YEARS OF AGE.
   § 4. The public service law is amended by adding a new section 89-q to
 read as follows:
   § 89-Q. DISCONTINUANCE OF  WATER  SERVICE  TO  ELDERLY  CUSTOMERS.  1.
 NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, NO WATER-WORKS CORPORATION
 OR MUNICIPAL WATER SYSTEM SHALL DISCONTINUE RESIDENTIAL WATER SERVICE TO
 AN ELDERLY CUSTOMER LOCATED ANYWHERE IN THIS STATE  PROVIDED  THAT  SUCH
 S. 9080                             3
 
 ELDERLY  CUSTOMER IS MAKING GOOD-FAITH PAYMENTS BETWEEN FIVE AND FIFTEEN
 PERCENT OF THEIR MONTHLY  INCOME  TOWARD  THEIR  OUTSTANDING  BILLS  FOR
 RENDERED SERVICES.
   2.  A  WATER-WORKS  CORPORATION  OR  MUNICIPAL  WATER SYSTEM SHALL NOT
 DISCONTINUE RESIDENTIAL WATER SERVICE TO AN ELDERLY CUSTOMER FOR NONPAY-
 MENT OF  RENDERED  SERVICES  UNLESS  SUCH  CORPORATION  OR  MUNICIPALITY
 PROVIDES  CLEAR  AND DOCUMENTED EVIDENCE IN A PROCESS ESTABLISHED BY THE
 COMMISSION THAT SUCH CUSTOMER FAILED TO MAKE PAYMENTS IN ACCORDANCE WITH
 SUBDIVISION ONE OF THIS SECTION. SUCH EVIDENCE SHALL INCLUDE  DOCUMENTA-
 TION  THAT THE ELDERLY CUSTOMER DID NOT ATTEMPT TO PAY THEIR OUTSTANDING
 BILLS FOR RENDERED SERVICES AND THE OBLIGATION OWED BY  THE  WATER-WORKS
 CORPORATION  OR  MUNICIPAL  WATER  SYSTEM  TO  PROVIDE PAYMENT PLANS AND
 REFERRALS TO ASSISTANCE PROGRAMS HAVE BEEN SATISFIED.
   3. A WATER-WORKS CORPORATION  OR  MUNICIPAL  WATER  SYSTEM  SHALL  NOT
 PREVENT OR INTERFERE WITH AN ELDERLY CUSTOMER'S ABILITY TO MAKE PAYMENTS
 IN  ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION BY DENYING ACCESS TO
 ACCEPTED PAYMENT METHODS, RETURNING OR  FAILING  TO  PROCESS  CHECKS  OR
 MONEY ORDERS, OR IMPOSING OTHER ADMINISTRATIVE BARRIERS.
   4.  ANY  WATER-WORKS  CORPORATION  OR  MUNICIPAL WATER SYSTEM FOUND TO
 ENGAGE IN MISCONDUCT UNDER THIS SECTION SHALL BE SUBJECT  TO  ADDITIONAL
 OVERSIGHT  BY  THE  COMMISSION,  INCLUDING BUT NOT LIMITED TO, MANDATORY
 COMPLIANCE PLANS AND HEIGHTENED REPORTING OBLIGATIONS.  SUCH  MISCONDUCT
 SHALL  INCLUDE,  BUT IS NOT LIMITED TO, THE FAILURE TO PROCESS PAYMENTS,
 THE MISREPRESENTATION OF CUSTOMER HISTORIES, AND THE ATTEMPT TO  DISCON-
 TINUE WATER SERVICE EXCEPT AS PERMITTED BY THIS SECTION.
   5. THE COMMISSION SHALL REQUIRE EACH WATER-WORKS CORPORATION OR MUNIC-
 IPAL  WATER  SYSTEM  TO SUBMIT AN ANNUAL REPORT CONTAINING THE FOLLOWING
 INFORMATION: THE NUMBER OF  ACCOUNTS  HELD  BY  ELDERLY  CUSTOMERS;  THE
 NUMBER  OF  ACCOUNTS  COVERED UNDER THIS SECTION; THE NUMBER OF ACCOUNTS
 WHOSE SERVICES WERE DISCONTINUED UNDER SUBDIVISION TWO OF THIS  SECTION;
 AND ANY PATTERNS OF NONCOMPLIANCE.
   6.  THE  COMMISSION  SHALL  CONDUCT  AUDITS,  ISSUE  CORRECTIVE ACTION
 ORDERS, AND IMPOSE PENALTIES, FINES, OR OTHER  ENFORCEMENT  MEASURES  ON
 ANY  WATER-WORKS CORPORATION OR MUNICIPAL WATER SYSTEM THAT VIOLATES THE
 REQUIREMENTS OF THIS SECTION.
   7. THE COMMISSION SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
 FOR THE IMPLEMENTATION OF THIS SECTION, INCLUDING BUT NOT LIMITED TO:
   (A) ESTABLISHING  A  PROCESS  AND  UNIFORM  STANDARDS  FOR  ACCEPTABLE
 EVIDENCE  OF  NONPAYMENT  TO WATER-WORKS CORPORATIONS OR MUNICIPAL WATER
 SYSTEMS;
   (B) CREATING GUIDELINES  FOR  THE  VERIFICATION  OF  ELDERLY  CUSTOMER
 INCOME FOR PAYMENT-PERCENTAGE CALCULATIONS; AND
   (C)  ENSURING  WATER-WORKS  CORPORATIONS  AND  MUNICIPAL WATER SYSTEMS
 MAINTAIN ACCURATE RECORDS OF  ALL  INTERACTIONS,  NOTICES,  AND  PAYMENT
 ATTEMPTS MADE BY ELDERLY CUSTOMERS PURSUANT TO THIS SECTION.
   8.  NO  LATER THAN TEN YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSION SHALL REVIEW AND PUBLISH A STATEWIDE REPORT REGARDING THE
 EFFECTIVENESS OF THIS SECTION AND RECOMMENDATIONS RELATED TO STRENGTHEN-
 ING EXISTING PROTECTIONS AND EXPANDING CUSTOMER ELIGIBILITY.
   9. FOR THE PURPOSES OF THIS SECTION, "ELDERLY CUSTOMER" SHALL  MEAN  A
 PRIMARY  NAMED WATER SERVICE ACCOUNTHOLDER WHO IS AT LEAST SEVENTY YEARS
 OF AGE.
   § 5. This act shall take effect January 1, 2027. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date.