(ALBANY, NY) – This week, the Senate Democratic Majority today advanced legislation to protect ratepayer access to utilities, ensuring such services are provided in a manner that is equitable, affordable, and imposes no undue financial burden. This package builds on our commitment to deliver vital affordability and relief to New Yorkers, whose utility bills are among the highest in the nation. Our work on affordability will continue in tandem with budget negotiations. New Yorkers cannot afford to wait, and we remain committed to advancing solutions right now that will address the financial pressures our constituents are facing. 

This package includes legislation that would establish protections for customers related to service termination and overdue payment, prohibit utilities from terminating services during extreme weather events, provide direct and timely financial relief to ratepayers affected by utility misconduct, automatically re-enroll individuals and households who continue to meet the eligibility requirements for the Home Energy Assistance Program (HEAP), and restrict retroactive service charge increases for small non-residential customers.

Senator Lea Webb said, “Too often, families are shocked by their high bills without warning, context, or any real opportunity to adjust their usage in time to prevent financial strain. My bill would create an Energy Usage Monitor Program so customers can set their own usage or cost limits and get notified when they’re close to going over. If utility companies are keeping track of the energy that their customers are using, they should be required to share that information with the consumer. My bill is a simple, proactive step that puts power back in the hands of the people and will enable families to plan their monthly expenses. Thank you to Majority Leader Stewart Cousins for bringing this package of legislation to the floor.”

The legislation being passed by the Senate Democratic Majority includes:

• Extends Rollover Credit Period for Customer-Generated Electricity: This bill, S.1553, sponsored by Senator Parker, would extend the time during which they can receive net metering credits for energy generated by their wind or solar in excess of what they use from one year to an indefinite period, and would entitle ratepayers indefinitely accumulating such credits to be reimbursed the avoided cost of those credits every five years.
• Consumer Credit Reporting by Utilities Study: This bill, S.2011, sponsored by Senator Parker, directs the Department of State and the Public Service Commission to study and report upon the prevalence of the disclosure by public utilities, cable television companies, and cellular telephone service providers to credit reporting agencies of late payments and defaults in payment of fees and charges by consumers.
• Prohibits Utility Disconnection During Extreme Weather Events: This bill, S.120, sponsored by Senator Cleare, would prohibit utilities and municipalities from terminating electricity or gas service for ratepayers during extreme weather forecast periods. Those extreme weather forecast periods would include any day that is forecasted to be 32 degrees or colder, and days that are forecasted to be 90 degrees or higher. 
• NYSERDA Legislative Transparency Act: This bill, S.8019, sponsored by Senator Comrie, would call for the New York State Energy Research and Development Authority to also submit a semi-annual report on the systems benefit charge to the chair of the Assembly Energy Committee and of the Senate Energy and Telecommunications Committee, and would require this report to include a summary on how Systems Benefit Charge funds are used.
• Penalty Ratepayer Recovery Act: This bill, S.8908, sponsored by Senator Comrie, would require civil penalties and forfeitures recovered from public utilities for violations of the Public Service Law or Public Service Commission orders to be returned directly to affected ratepayers in the form of bill credits as soon as practicable and no later than 90 days.
• Consumer Utility Protections During Investigations (CUPDI) Act: This bill, S.904B, sponsored by Senator Gonzalez, would establish protections for customers related to service termination and overdue charges to be in force while a utility is under investigation by the Public Service Commission.
• Limits Utilities’ Use of Retroactive Billing for Small Businesses: This bill, S.8710, sponsored by Senator Hinchey, would prohibit utilities and municipalities from increasing a bill previously rendered to a small non-residential customer after twelve months from the time the service was provided. This would be extending a protection that residential customers currently receive to small non-residential customers.
• Expands Utility Penalty Provisions: This bill, S.1701, sponsored by Senator Mayer, would increase flexibility of regulatory standards and discretionary power for the Public Service Commission to assess penalties on utilities by removing statutory caps on penalties for Public Service Law violations and implement stricter violation standards, as well as adding an emergency response plan filing requirement for cable and telephone companies.  
• Limits Utility Legal Fee Recovery from Ratepayers: This bill, S.3734B, sponsored by Senator Mayer, would authorize and direct the Public Service Commission to establish rules to limit a utility's ability to recover certain legal expenses such as its direct or indirect costs associated with its attendance in, participation in, preparation for, or appeal of any rate proceeding conducted before the commission, as well as employee compensation. 
• Establishes Automatic Reenrollment for HEAP Recipients: This bill, S.1966, sponsored by Senator Ryan, would require social service districts to automatically re-enroll individuals or households currently receiving assistance through the low-income Home Energy Assistance Program (HEAP) as long as they continue to meet federal and state eligibility requirements. 
• Establishes an Energy Usage Monitor Program for Metered Billing: This bill, S.8062A, sponsored by Senator Webb, would require utility companies to offer residential customers who use smart meters the ability to receive notices throughout the month related to their energy usage. The customer under this program will set their own pre-determined usage threshold or spending limit during a given billing period. 

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