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

                                  6707

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced by M. of A. CARROZZA -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN  ACT to amend the public service law, in relation to protecting resi-
  dential utility customers who make bill payments to authorized payment
  agents, to provide for written contracts between electric corporations
  and payment agents, and  to  provide  for  public  service  commission
  review of the credit-worthiness of payment agents in certain cases

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

  Section 1. Section 45 of the public service law, as added  by  chapter
713 of the laws of 1981, is amended to read as follows:
  S 45. Payment  agencies.  1. A utility corporation or municipality may
permit its customers to pay their bills to  [a]  AN  AUTHORIZED  payment
agent. The date of payment to any such AUTHORIZED PAYMENT agent shall be
regarded  as the date of payment to the utility or municipality, AND THE
PAYMENT SHALL BE REGARDED AS IF IT WERE PAID DIRECTLY TO THE UTILITY  OR
MUNICIPALITY  ON  SUCH DATE. WHERE A CUSTOMER OF SUCH UTILITY OR MUNICI-
PALITY HAS PAID A BILL TO AN AUTHORIZED PAYMENT AGENT  ON  OR  BEFORE  A
DESIGNATED  DUE  DATE,  NO  PENALTY OR EXTRA CHARGE SHALL ACCRUE ON SUCH
BILL FOR THE REASON THAT THE PAYMENT DID NOT REACH  THE  CORPORATION  OR
MUNICIPALITY ON OR BEFORE THE DESIGNATED DUE DATE.
  2.  NO  PARTY SHALL ACT AS PAYMENT OR COLLECTION AGENT WITH RESPECT TO
MORE THAN TWENTY RESIDENTIAL UNITS FOR THE  PURPOSE  OF  COLLECTING  AND
REMITTING  TO SUCH ELECTRIC CORPORATION ANY CHARGES FOR ELECTRIC SERVICE
TO SUCH RESIDENTIAL UNITS, INCLUDING BUT  NOT  LIMITED  TO  DISTRIBUTION
SERVICE,  UNLESS  SUCH  PARTY  HAS A WRITTEN CONTRACT WITH SUCH ELECTRIC
CORPORATION IN COMPLIANCE WITH SUBDIVISION THREE OF THIS SECTION.  NOTH-
ING  IN  THIS  SUBDIVISION SHALL BE CONSTRUED TO PREVENT ANY PERSON FROM
APPOINTING ANY FAMILY MEMBER, OTHER  VOLUNTEER  CAREGIVER,  OR  PERSONAL
BUSINESS  MANAGER  AS  HIS  OR HER AGENT FOR PAYING UTILITY BILLS TO ANY
UTILITY CORPORATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10249-01-9
              

A. 6707                             2

  3. NO  ELECTRIC  CORPORATION  SHALL  ENTER  INTO  ANY  CONTRACT  WHICH
PROVIDES  IN WHOLE OR IN PART FOR COLLECTING AND REMITTING TO SUCH ELEC-
TRIC CORPORATION ANY CHARGES FOR ELECTRIC  SERVICE,  INCLUDING  BUT  NOT
LIMITED TO DISTRIBUTION SERVICE, UNLESS SUCH CONTRACT SHALL PROVIDE THAT
ANY  PARTY  ACTING AS A PAYMENT OR COLLECTION AGENT SHALL BE THE AUTHOR-
IZED PAYMENT AGENT OF THE ELECTRIC CORPORATION.
  4. EACH ELECTRIC CORPORATION WHICH ENTERS INTO ANY CONTRACT SUBJECT TO
SUBDIVISION THREE OF THIS SECTION SHALL SUBMIT  TO  THE  COMMISSION  FOR
APPROVAL  EACH  SUCH  CONTRACT  WHICH  IS  INTENDED  TO RESULT IN OR HAS
RESULTED IN THE AUTHORIZED PAYMENT AGENT HAVING IN ITS  CUSTODY  AT  ANY
ONE  TIME  MORE THAN FIFTY THOUSAND DOLLARS TO BE REMITTED TO SUCH ELEC-
TRIC CORPORATION WITH RESPECT TO PAYMENTS RECEIVED WITH RESPECT TO RESI-
DENTIAL UNITS. THE COMMISSION SHALL APPROVE SUCH CONTRACTS  ONLY  IF  IT
CONCLUDES  THAT THE AUTHORIZED PAYMENT AGENT, WITH OR WITHOUT SUCH SECU-
RITY AS THE COMMISSION SHALL ORDER, IS  CREDIT-WORTHY  IN  VIEW  OF  THE
FORESEEABLE INDEBTEDNESS OF THE AUTHORIZED PAYMENT AGENT TO THE ELECTRIC
CORPORATION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.