S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10521
 
                           I N  A S S E M B L Y
 
                               May 24, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Mosley) --
   read once and referred to the Committee on  Corporations,  Authorities
   and Commissions
 
 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15908-08-0

 A. 10521                            2

 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.
   § 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

 A. 10521                            3
 
 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.
   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

 A. 10521                            4
 
 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.