S T A T E O F N E W Y O R K
________________________________________________________________________
8113--A
I N S E N A T E
March 23, 2020
___________
Introduced by Sens. PARKER, HOYLMAN, METZGER -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications -- committee discharged and said bill committed
to the Committee on Consumer Protection -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public service law, in relation to issuing a morato-
rium on utility termination of services during periods of pandemics
and/or state of emergencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 32 of the public service law, as
added by chapter 686 of the laws of 2002, is amended to read as follows:
6. NO UTILITY CORPORATION OR MUNICIPALITY SHALL TERMINATE OR DISCON-
NECT SERVICES TO ANY RESIDENTIAL CUSTOMER FOR THE NON-PAYMENT OF AN
OVERDUE CHARGE FOR THE DURATION OF THE STATE DISASTER EMERGENCY DECLARED
PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY
(HEREIN AFTER "THE COVID-19 STATE OF EMERGENCY").
UTILITY CORPORATIONS AND MUNICIPALITIES SHALL HAVE A DUTY TO RESTORE
SERVICE, TO THE EXTENT NOT ALREADY REQUIRED UNDER THIS CHAPTER, TO ANY
RESIDENTIAL CUSTOMER WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN
TERMINATED DURING THE PENDENCY OF THE COVID-19 STATE OF EMERGENCY.
7. FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER THE COVID-19 STATE OF
EMERGENCY IS LIFTED OR EXPIRES, NO UTILITY CORPORATION OR MUNICIPALITY
SHALL TERMINATE OR DISCONNECT THE SERVICE OF A RESIDENTIAL CUSTOMER
BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS OWED TO THE
UTILITY CORPORATION OR MUNICIPALITY WHEN SUCH CUSTOMER HAS EXPERIENCED A
CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGEN-
CY, AS DEFINED BY THE DEPARTMENT. THE UTILITY CORPORATION OR MUNICI-
PALITY SHALL PROVIDE SUCH RESIDENTIAL CUSTOMER WITH THE RIGHT TO ENTER
INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITHOUT THE REQUIRE-
MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, AS SUCH IS PROVIDED FOR
IN THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15908-07-0
S. 8113--A 2
8. EVERY UTILITY CORPORATION OR MUNICIPALITY SHALL PROVIDE NOTICE TO
RESIDENTIAL CUSTOMERS, IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT
OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION THE PROVISIONS OF THIS
SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS
WHO HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE
COVID-19 STATE OF EMERGENCY FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A
DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS ARTI-
CLE.
9. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
A UTILITY OR MUNICIPALITY FROM RECOVERING LOST OR DEFERRED REVENUES
AFTER THE LIFTING OR EXPIRATION OF THE COVID-19 STATE OF EMERGENCY,
PURSUANT TO SUCH MEANS FOR RECOVERY AS ARE PROVIDED FOR IN THIS CHAPTER,
AND BY MEANS NOT INCONSISTENT WITH ANY OF THE PROVISIONS OF THIS ARTI-
CLE. NOTHING IN THIS SECTION SHALL PROHIBIT A UTILITY CORPORATION OR
MUNICIPALITY FROM DISCONNECTING SERVICE NECESSARY TO PROTECT THE HEALTH
AND SAFETY OF CUSTOMERS AND THE PUBLIC.
10. Implementation of the provisions of this section shall not limit
the contractual remedies for damages which might be available to the
terminating utility provided that an award of such damages is not incon-
sistent with any of the provisions of this article.
§ 2. Section 89-b of the public service law is amended by adding four
new subdivisions 8, 9, 10 and 11 to read as follows:
8. NO WATER-WORKS CORPORATION SHALL TERMINATE OR DISCONNECT THE SUPPLY
OF WATER TO RESIDENTIAL ACCOUNTS FOR THE NON-PAYMENT OF WATER RENTS,
RATES OR CHARGES FOR THE DURATION OF THE STATE DISASTER EMERGENCY
DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND
TWENTY (HEREINAFTER "THE COVID-19 STATE OF EMERGENCY"). WATER-WORKS
CORPORATIONS SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT NOT
ALREADY REQUIRED UNDER THIS CHAPTER, TO ANY RESIDENTIAL CUSTOMER WITHIN
FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDEN-
CY OF THE COVID-19 STATE OF EMERGENCY.
9. FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER THE COVID-19 STATE OF
EMERGENCY IS LIFTED OR EXPIRES, NO WATER-WORKS CORPORATION SHALL TERMI-
NATE OR DISCONNECT THE SERVICE OF A RESIDENTIAL CUSTOMER ACCOUNT BECAUSE
OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS OWED TO THE WATER-
WORKS CORPORATION WHEN SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINAN-
CIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY, AS DEFINED BY
THE DEPARTMENT. THE WATER-WORKS CORPORATION SHALL PROVIDE SUCH RESIDEN-
TIAL CUSTOMER WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED
PAYMENT AGREEMENT WITHOUT THE REQUIREMENT OF A DOWN PAYMENT, LATE FEES,
OR PENALTIES, AS SUCH IS PROVIDED FOR IN ARTICLE TWO OF THIS CHAPTER.
10. EVERY WATER-WORKS CORPORATION SHALL PROVIDE NOTICE TO RESIDENTIAL
CUSTOMERS, IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN
APPROPRIATE, VIA ELECTRONIC TRANSMISSION, THE PROVISIONS OF THIS SECTION
AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE
DEMONSTRATED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19
STATE OF EMERGENCY FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED
PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
11. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIB-
IT A WATER-WORKS CORPORATION FROM RECOVERING LOST OR DEFERRED REVENUES
AFTER THE LIFTING OR EXPIRATION OF THE COVID-19 STATE OF EMERGENCY,
PURSUANT TO SUCH MEANS FOR RECOVERY AS ARE PROVIDED FOR IN THIS CHAPTER,
AND BY MEANS NOT INCONSISTENT WITH ANY OF THE PROVISIONS OF THIS ARTI-
CLE. NOTHING IN THIS SECTION SHALL PROHIBIT A WATER-WORKS CORPORATION
FROM DISCONNECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH
AND SAFETY OF CUSTOMERS AND THE PUBLIC.
S. 8113--A 3
§ 3. Section 91 of the public service law is amended by adding four
new subdivisions 9, 10, 11 and 12 to read as follows:
9. NO TELEPHONE CORPORATION SHALL TERMINATE OR DISCONNECT A RESIDEN-
TIAL SERVICE CUSTOMER FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE
DURATION OF THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE
ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY (HEREINAFTER "THE COVID-19
STATE OF EMERGENCY"). TELEPHONE CORPORATIONS SHALL HAVE A DUTY TO
RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED UNDER THIS CHAPTER,
TO ANY RESIDENTIAL CUSTOMER WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS
BEEN TERMINATED DURING THE PENDENCY OF THE COVID-19 STATE OF EMERGENCY.
10. AFTER THE COVID-19 STATE OF EMERGENCY IS LIFTED OR EXPIRES, NO
TELEPHONE CORPORATION SHALL TERMINATE OR DISCONNECT THE SERVICE OF A
RESIDENTIAL CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED PAYMENT
AGREEMENTS OR ARREARS OWED TO THE TELEPHONE CORPORATION WHEN SUCH
CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE
COVID-19 STATE OF EMERGENCY, AS DEFINED BY THE DEPARTMENT. THE TELE-
PHONE CORPORATION SHALL PROVIDE SUCH RESIDENTIAL CUSTOMER WITH THE RIGHT
TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITHOUT THE
REQUIREMENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, AS SUCH IS
PROVIDED FOR IN ARTICLE TWO OF THIS CHAPTER.
11. EVERY TELEPHONE CORPORATION SHALL PROVIDE NOTICE TO RESIDENTIAL
CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN
APPROPRIATE, VIA ELECTRONIC TRANSMISSION THE PROVISIONS OF THIS SECTION
AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE
DEMONSTRATED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19
STATE OF EMERGENCY FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED
PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
12. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIB-
IT A TELEPHONE CORPORATION FROM RECOVERING LOST OR DEFERRED REVENUES
AFTER THE LIFTING OR EXPIRATION OF THE COVID-19 STATE OF EMERGENCY,
PURSUANT TO SUCH MEANS FOR RECOVERY AS ARE PROVIDED FOR IN THIS CHAPTER,
AND BY MEANS NOT INCONSISTENT WITH ANY OF THE PROVISIONS OF THIS ARTI-
CLE. NOTHING IN THIS SECTION SHALL PROHIBIT A TELEPHONE CORPORATION FROM
DISCONNECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND
SAFETY OF CUSTOMERS AND THE PUBLIC.
§ 4. Section 89-l of the public service law is amended by adding four
new subdivisions 3, 4, 5 and 6 to read as follows:
3. NO MUNICIPALITY SHALL TERMINATE OR DISCONTINUE RESIDENTIAL SERVICE
FOR THE NONPAYMENT OF BILLS, TAXES, OR FEES FOR THE DURATION OF THE
STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER TWO
HUNDRED TWO OF TWO THOUSAND TWENTY (HEREINAFTER THE "COVID-19 STATE OF
EMERGENCY"). EVERY MUNICIPALITY SHALL HAVE A DUTY TO RESTORE SERVICE TO
ANY RESIDENTIAL CUSTOMER WITHIN FORTY-EIGHT HOURS OF THE EFFECTIVE DATE
OF THIS SUBDIVISION IF SUCH SERVICE HAS BEEN TERMINATED DURING THE
PENDENCY OF THE COVID-19 STATE OF EMERGENCY.
4. FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER THE COVID-19 STATE OF
EMERGENCY IS LIFTED OR EXPIRES, NO MUNICIPALITY SHALL TERMINATE OR
DISCONTINUE THE SERVICE OF A RESIDENTIAL CUSTOMER BECAUSE OF BILL
ARREARS, TAXES, OR FEES OWED TO THE MUNICIPALITY WHEN SUCH CUSTOMER HAS
EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19
STATE OF EMERGENCY, AS DEFINED BY THE DEPARTMENT. THE MUNICIPALITY SHALL
PROVIDE A RESIDENTIAL SERVICE CUSTOMER THAT HAS EXPERIENCED A CHANGE IN
FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY WITH THE
RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITH-
OUT THE REQUIREMENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, AS SUCH
IS PROVIDED FOR IN ARTICLE TWO OF THIS CHAPTER.
S. 8113--A 4
5. EVERY MUNICIPALITY SHALL PROVIDE NOTICE TO RESIDENTIAL CUSTOMERS IN
A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN APPROPRIATE, VIA
ELECTRONIC TRANSMISSION THE PROVISIONS OF THIS SECTION AND SHALL FURTHER
MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A
CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY
FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED PAYMENT AGREEMENT
CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
6. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
A MUNICIPALITY FROM RECOVERING LOST OR DEFERRED REVENUES AFTER THE LIFT-
ING OR EXPIRY OF THE COVID-19 STATE OF EMERGENCY, PROVIDED THAT SUCH
MEANS ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. NOTHING
IN THIS SECTION SHALL PROHIBIT A MUNICIPALITY FROM DISCONNECTING SERVICE
WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND
THE PUBLIC.
§ 5. This act shall take effect immediately.