S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8907
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced  by M. of A. WEPRIN, OTIS, ABINANTI, VANEL -- Multi-Sponsored
   by -- M. of A.  PERRY -- read once and referred to  the  Committee  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:
   § 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.
   3. NO  ELECTRIC  CORPORATION  SHALL  ENTER  INTO  ANY  CONTRACT  WHICH
 PROVIDES  IN WHOLE OR IN PART FOR COLLECTING AND REMITTING TO SUCH ELEC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14170-01-1
 A. 8907                             2

 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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.