S T A T E O F N E W Y O R K
________________________________________________________________________
9306
I N A S S E M B L Y
February 23, 2022
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Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to prohibiting
termination of utility services due to financial hardship caused by
the COVID-19 pandemic; repealing certain provisions of such law relat-
ing thereto; and providing for the repeal of such provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 8 and 9 of section 32 of the public service
law are REPEALED and four new subdivisions 8, 9, 11 and 12 are added to
read as follows:
8. EVERY UTILITY CORPORATION OR MUNICIPALITY SHALL PROVIDE NOTICE TO
RESIDENTIAL AND SMALL BUSINESS 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 EXPERIENCED A FINANCIAL HARDSHIP DUE TO
THE COVID-19 PANDEMIC 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 JUNE THIRTIETH, TWO THOUSAND TWENTY-TWO, 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 ARTICLE. 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.
11. NO UTILITY CORPORATION OR MUNICIPALITY SHALL TERMINATE OR DISCON-
NECT THE SERVICE OF A RESIDENTIAL CUSTOMER OR SMALL BUSINESS CUSTOMER
BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS OWED TO THE
UTILITY CORPORATION OR MUNICIPALITY WHEN SUCH CUSTOMER HAS EXPERIENCED A
FINANCIAL HARDSHIP DUE TO THE COVID-19 PANDEMIC, AS DEFINED BY THE
DEPARTMENT. THE UTILITY CORPORATION OR MUNICIPALITY SHALL PROVIDE SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14169-03-2
A. 9306 2
RESIDENTIAL OR SMALL BUSINESS 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 THIS
ARTICLE WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES
APPLICABLE TO ALL ARREARS INCURRED DURING SUCH DEFERMENT PURSUANT TO
THIS SUBDIVISION. FOR PURPOSES OF THIS SECTION THE DEPARTMENT SHALL
DEFINE THE TERM "SMALL BUSINESS CUSTOMER."
12. A UTILITY CORPORATION OR MUNICIPALITY SHALL HAVE A DUTY TO RESTORE
SERVICE, TO THE EXTENT NOT ALREADY REQUIRED UNDER THIS CHAPTER, TO ANY
RESIDENTIAL OR SMALL BUSINESS CUSTOMER THAT HAS EXPERIENCED FINANCIAL
HARDSHIP FROM THE COVID-19 PANDEMIC WITHIN FORTY-EIGHT HOURS IF SUCH
SERVICE HAS BEEN TERMINATED FOR THE DEFAULT OF A DEFERRED PAYMENT AGREE-
MENT OR NON-PAYMENT OF ARREARS AND WITH NO PENALTIES FOR SUCH TERMI-
NATION OR RESTORATION OF SERVICE.
§ 2. Subdivision 12 of section 89-b of the public service law, as
added by chapter 106 of the laws of 2021, is renumbered subdivision 13.
§ 3. Subdivisions 10 and 11 of section 89-b of the public service law
are REPEALED, and four new subdivisions 10, 11, 14 and 15 are added to
read as follows:
10. EVERY WATER-WORKS CORPORATION SHALL PROVIDE NOTICE TO RESIDENTIAL
AND SMALL BUSINESS 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 EXPERIENCED A FINANCIAL HARDSHIP DUE TO THE
COVID-19 PANDEMIC 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 JUNE THIRTIETH, TWO THOUSAND TWENTY-TWO, 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 ARTICLE. NOTHING IN
THIS SECTION SHALL PROHIBIT A WATER-WORKS CORPORATION FROM DISCONNECTING
SERVICE NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE
PUBLIC.
14. NO WATER-WORKS CORPORATION SHALL TERMINATE OR DISCONNECT THE
SERVICE OF A RESIDENTIAL OR SMALL BUSINESS CUSTOMER ACCOUNT BECAUSE OF
DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS OWED TO THE WATER-WORKS
CORPORATION WHEN SUCH CUSTOMER HAS EXPERIENCED A FINANCIAL HARDSHIP DUE
TO THE COVID-19 PANDEMIC, AS DEFINED BY THE DEPARTMENT. THE WATER-WORKS
CORPORATION SHALL PROVIDE SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER
WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREE-
MENT WITHOUT THE REQUIREMENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES,
AS SUCH IS PROVIDED FOR IN THIS ARTICLE WITH SUCH PROHIBITION ON DOWN
PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED
DURING SUCH DEFERMENT PURSUANT TO THIS SUBDIVISION. FOR PURPOSES OF THIS
SECTION THE DEPARTMENT SHALL DEFINE THE TERM "SMALL BUSINESS CUSTOMER."
15. WATER-WORKS CORPORATIONS SHALL HAVE A DUTY TO RESTORE SERVICE, TO
THE EXTENT NOT ALREADY REQUIRED UNDER THIS CHAPTER, TO ANY RESIDENTIAL
OR SMALL BUSINESS CUSTOMER THAT HAS EXPERIENCED FINANCIAL HARDSHIP FROM
THE COVID-19 PANDEMIC WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN
TERMINATED FOR THE DEFAULT OF A DEFERRED PAYMENT AGREEMENT OR NON-PAY-
MENT OF ARREARS AND WITH NO PENALTIES FOR SUCH TERMINATION OR RESTORA-
TION OF SERVICE.
§ 4. Subdivisions 5 and 5-a of section 89-l of the public service law
are REPEALED and four new subdivisions 5, 5-a, 7 and 8 are added to read
as follows:
A. 9306 3
5. EVERY MUNICIPALITY SHALL PROVIDE NOTICE, IN THE SAME FREQUENCY THAT
THE CUSTOMER RECEIVES A REGULAR BILL, TO RESIDENTIAL CUSTOMERS, NON-RE-
SIDENTIAL CUSTOMERS WHOSE ACCOUNTS SERVICE RESIDENTIAL PREMISES, AND
SMALL BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATE-
MENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION THE PROVISIONS OF
THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT
CUSTOMERS WHO HAVE EXPERIENCED A FINANCIAL HARDSHIP DUE TO THE COVID-19
PANDEMIC FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED PAYMENT
AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS SECTION AND ARTICLE TWO
OF THIS CHAPTER.
5-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, FOR THE PURPOSES OF SUBDIVISIONS THREE, FOUR AND FIVE OF THIS
SECTION, A "MUNICIPALITY" SHALL ALSO INCLUDE A PUBLIC WATER AUTHORITY
ESTABLISHED PURSUANT TO ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW.
EVERY MUNICIPALITY SHALL BE SUBJECT TO THE JURISDICTION OF THE COMMIS-
SION FOR PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS THREE,
FOUR, AND FIVE OF THIS SECTION PURSUANT TO SECTION TWENTY-FOUR, TWENTY-
FIVE, AND TWENTY-SIX OF THIS CHAPTER.
7. NO MUNICIPALITY SHALL TERMINATE OR DISCONTINUE SERVICE TO, OR
PLACE, SELL OR ENFORCE ANY LIEN ON THE REAL PROPERTY OF, A RESIDENTIAL
CUSTOMER, A NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVICES RESIDENTIAL
PREMISES, OR SMALL BUSINESS CUSTOMER BECAUSE OF BILL ARREARS, TAXES, OR
FEES OWED TO THE MUNICIPALITY WHEN SUCH CUSTOMER HAS EXPERIENCED A
FINANCIAL HARDSHIP DUE TO THE COVID-19 PANDEMIC, AS DEFINED BY THE
DEPARTMENT. THE MUNICIPALITY SHALL PROVIDE SUCH RESIDENTIAL CUSTOMER, A
NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVICES RESIDENTIAL PREMISES, OR
SMALL BUSINESS 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. THE DURATION OF A DEFERRED PAYMENT AGREEMENT ENTERED INTO OR
RESTRUCTURED PURSUANT TO THIS SUBDIVISION SHALL BE DETERMINED AS SUCH IS
PROVIDED FOR IN ARTICLE TWO OF THIS CHAPTER AND SHALL NOT BE LIMITED TO
THE COVERED PERIOD. A DEFERRED PAYMENT AGREEMENT ENTERED INTO OR
RESTRUCTURED PURSUANT TO THIS SUBDIVISION SHALL REMAIN SUBJECT TO THE
PROVISIONS OF ARTICLE TWO OF THIS CHAPTER UNTIL THE TERMINATION OF THE
AGREEMENT AS SUCH IS PROVIDED IN ARTICLE TWO OF THIS CHAPTER. FOR
PURPOSES OF THIS SECTION THE DEPARTMENT SHALL DEFINE THE TERM "SMALL
BUSINESS CUSTOMER." THE TERM "COVERED PERIOD" SHALL MEAN BETWEEN THE
EFFECTIVE DATE OF THIS SECTION AND JUNE THIRTIETH, TWO THOUSAND TWENTY-
TWO.
8. A MUNICIPALITY SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT
NOT ALREADY REQUIRED UNDER THIS CHAPTER, TO ANY RESIDENTIAL OR SMALL
BUSINESS CUSTOMER THAT HAS EXPERIENCED FINANCIAL HARDSHIP FROM THE
COVID-19 PANDEMIC WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN
TERMINATED FOR THE DEFAULT OF A DEFERRED PAYMENT AGREEMENT OR NON-PAY-
MENT OF ARREARS AND WITH NO PENALTIES FOR SUCH TERMINATION OR RESTORA-
TION OF SERVICE.
§ 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or subpart thereof directly involved in the controversy in which such
judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
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§ 6. This act shall take effect immediately and shall have been deemed
to have been in full force and effect on and after December 21, 2021 and
shall expire on June 30, 2022 when upon such date the provisions of this
act shall be deemed repealed provided, however, that the amendments to
subdivision 13 of section 89-b of the public service law made by section
two of this act shall not affect the expiration of such subdivision and
shall be deemed to be repealed therewith.