S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6609
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation to extending a mora-
   torium on utility termination of services after the COVID-19 state  of
   emergency  is  lifted or expires; and to amend chapter 108 of the laws
   of 2020 amending the public service law, relating to issuing a morato-
   rium on utility termination of services during  periods  of  pandemics
   and/or state of emergencies, in relation to the effectiveness thereof;
   and  providing  for  the  repeal of certain provisions upon expiration
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 7 of section 32 of the public service law, as
 added by chapter 108 of the laws of 2020, is amended to read as follows:
   7. For a period of one hundred eighty days after the COVID-19 state of
 emergency is lifted or expires,  OR  UNTIL  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND  TWENTY-ONE,  WHICHEVER  IS  EARLIER, 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 emergency, as defined by the  department.  The  utility  corpo-
 ration  or municipality shall provide such residential customer 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 this article.
   § 2. Subdivision 9 of section 89-b of the public service law, as added
 by chapter 108 of the laws of 2020, is amended  and  a  new  subdivision
 10-a is added to read as follows:
   9. For a period of one hundred eighty days after the COVID-19 state of
 emergency  is  lifted  or  expires,  OR UNTIL DECEMBER THIRTY-FIRST, TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05968-03-1

 A. 6609                             2
 
 THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER,  no  water-works  corporation
 shall  terminate  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 financial circumstances due to the COVID-19 state of  emergen-
 cy,  as  defined  by  the  department. The water-works corporation shall
 provide such residential customer with  the  right  to  enter  into,  or
 restructure,  a  deferred  payment  without  the  requirement  of a down
 payment, late fees, or penalties, as such is provided for in article two
 of this chapter.
   10-A. THE PUBLIC SERVICE COMMISSION SHALL HAVE THE AUTHORITY TO  ADJU-
 DICATE  COMPLAINTS  AND  CONDUCT  INVESTIGATIONS  FOR  VIOLATION OF THIS
 SECTION IN THE MANNER PROVIDED BY THE PROVISIONS  OF  THIS  ARTICLE  AND
 SHALL  HAVE  THE  AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION IN
 ACCORDANCE WITH SECTION TWENTY-SIX OF THIS CHAPTER.
   § 3. Subdivision 10 of section  91  of  the  public  service  law,  as
 amended  by  section  1 of part B of chapter 126 of the laws of 2020, is
 amended to read as follows:
   10. For a period of one hundred eighty days after the  COVID-19  state
 of  emergency  is lifted or expires, OR UNTIL DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-ONE, WHICHEVER  IS  EARLIER,  no  telephone  corporation
 shall  terminate  or  disconnect  the  service of a residential customer
 account because of defaulted deferred payment agreements or arrears then
 owed to the telephone corporation 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  telephone  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.
   § 4. Subdivision 4 of section 89-l of the public service law, as added
 by chapter 108 of the laws of 2020, is amended and a new subdivision 5-a
 is added to read as follows:
   4. For a period of one hundred eighty days after the COVID-19 state of
 emergency  is  lifted  or  expires,  OR UNTIL DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no municipality shall  termi-
 nate  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-A. THE PUBLIC SERVICE COMMISSION SHALL HAVE THE AUTHORITY TO ADJUDI-
 CATE COMPLAINTS AND CONDUCT INVESTIGATIONS FOR VIOLATION OF THIS SECTION
 IN  THE MANNER PROVIDED BY THE PROVISIONS OF THIS ARTICLE AND SHALL HAVE
 THE AUTHORITY TO ENFORCE THE PROVISIONS OF THIS  SECTION  IN  ACCORDANCE
 WITH SECTION TWENTY-SIX OF THIS CHAPTER.
   §  5. Section 5 of chapter 108 of the laws of 2020 amending the public
 service law, relating to issuing a moratorium on utility termination  of
 services  during  periods  of  pandemics and/or state of emergencies, as
 amended by section 2 of part B of chapter 126 of the laws  of  2020,  is
 amended to read as follows:

 A. 6609                             3
 
   §  5.  This  act shall take effect immediately and shall expire [March
 31, 2021] DECEMBER THIRTY-FIRST, 2021 when upon such date the provisions
 of this act shall be deemed repealed.
   § 6. This act shall take effect immediately; provided, however, that:
   (a)  the  amendments  to  subdivision  7  of  section 32 of the public
 service law made by section one of this act shall not affect the  repeal
 of such subdivision and shall be deemed repealed therewith;
   (b)  the  amendments  to  subdivision  9 of section 89-b of the public
 service law made by section two of this act shall not affect the  repeal
 of such subdivision and shall be deemed repealed therewith;
   (c)  subdivision  10-a  of  section  89-b of the public service law as
 added by section two of this act shall be repealed on the same date  and
 in the same manner as chapter 108 of the laws of 2020, as amended;
   (d)  the  amendments  to  subdivision  10  of section 91 of the public
 service law made by section three of  this  act  shall  not  affect  the
 repeal of such subdivision and shall be deemed repealed therewith;
   (e)  the  amendments  to  subdivision  4 of section 89-l of the public
 service law made by section four of this act shall not affect the repeal
 of such subdivision and shall be deemed repealed therewith; and
   (f) subdivision 5-a of section 89-l of the public service law as added
 by section four of this act shall be repealed on the same  date  and  in
 the same manner as chapter 108 of the laws of 2020, as amended.