S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   509

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. KAVANAGH, BRODSKY, COLTON, JAFFEE, MAYERSOHN,
  PERRY, PHEFFER, REILLY, J. RIVERA, P. RIVERA,  ERRIGO  --  Multi-Spon-
  sored  by  -- M. of A. BOYLAND, DelMONTE, GIGLIO, GLICK, GORDON, GOTT-
  FRIED, LUPARDO, PEOPLES, SALADINO, SCOZZAFAVA,  WEISENBERG,  ZEBROWSKI
  --  read  once and referred to the Committee on Corporations, Authori-
  ties and Commissions

AN ACT to amend the public service law and the general business law,  in
  relation to third party notification

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 40 of the public service law, as amended by chapter
631 of the laws of 1992, is amended to read as follows:
  S 40. Voluntary third-party [notice prior to termination  of  service]
NOTIFICATION.  1. Every utility corporation or municipality shall permit
a  residential  customer to designate a third-party to receive NOTICE OF
THE TOTAL AMOUNT DUE OR PAST DUE  ON  ALL  BILLS,  THE  AMOUNTS  OF  ANY
PAYMENTS  PAID  BY OR ON BEHALF OF SUCH RESIDENTIAL CUSTOMER, AND copies
of all notices relating to  termination  of  service  [or]  AND  NOTICES
RELATING TO collection of amounts due sent to such residential customer,
provided that the designated third-party indicates in writing a willing-
ness to receive such notices.
  2.  Every utility corporation or municipality shall permit a landlord,
upon written request of both the landlord and  tenant,  to  designate  a
third-party to be notified of all requests for discontinuance of service
to units owned by such landlord.
  S 2. The general business law is amended by adding a new section 393-e
to read as follows:
  S  393-E.  VOLUNTARY  THIRD-PARTY  NOTIFICATION. 1. EVERY TELEGRAPH OR
TELEPHONE CORPORATION,  CABLE  TELEVISION  CORPORATION,  CELLULAR  PHONE
COMPANY,  OR  MUNICIPALITY SHALL PERMIT A RESIDENTIAL CUSTOMER TO DESIG-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01764-01-9

A. 509                              2

NATE A THIRD-PARTY TO RECEIVE NOTICE OF THE TOTAL AMOUNT DUE OR PAST DUE
ON ALL BILLS, THE AMOUNTS OF ANY PAYMENTS PAID BY OR ON BEHALF  OF  SUCH
RESIDENTIAL  CUSTOMER, AND COPIES OF ALL NOTICES RELATING TO TERMINATION
OF  SERVICE  AND  NOTICES  RELATING TO COLLECTION OF AMOUNTS DUE SENT TO
SUCH RESIDENTIAL CUSTOMER,  PROVIDED  THAT  THE  DESIGNATED  THIRD-PARTY
INDICATES IN WRITING A WILLINGNESS TO RECEIVE SUCH NOTICES.
  2.  EVERY  TELEGRAPH OR TELEPHONE CORPORATION, CABLE TELEVISION CORPO-
RATION, CELLULAR PHONE COMPANY, OR MUNICIPALITY SHALL PERMIT A LANDLORD,
UPON WRITTEN REQUEST OF BOTH THE LANDLORD AND  TENANT,  TO  DESIGNATE  A
THIRD-PARTY TO BE NOTIFIED OF ALL REQUESTS FOR DISCONTINUANCE OF SERVICE
TO UNITS OWNED BY SUCH LANDLORD.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.