[ ] is old law to be omitted.
LBD05968-07-1
S. 1453--B 2
WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (A) PUBLICLY HELD
COMPANY, OR A SUBSIDIARY THEREOF, (B) SEASONAL, SHORT-TERM, OR TEMPORARY
CUSTOMER, (C) HIGH ENERGY CUSTOMER AS DEFINED BY THE COMMISSION, OR (D)
CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE
BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF
ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION
THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, 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
(hereinafter "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 OR SMALL BUSINESS 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 EITHER the COVID-19
state of emergency is lifted or expires OR DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no utility corporation or
municipality shall terminate or disconnect the service of a residential
OR SMALL BUSINESS customer because of defaulted deferred payment agree-
ments 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 util-
ity corporation or municipality shall provide such 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 THE DURATION OF THE COVID-19 STATE OF EMER-
GENCY.
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 demonstrated a change in financial circum-
stances due to the COVID-19 state of emergency for the purpose of offer-
ing such customers a deferred payment agreement consistent with the
provisions of this article.
9. Implementation of the provisions of this section shall not prohibit
a utility or municipality from recovering lost or deferred revenues
after EITHER the lifting or expiration of the COVID-19 state of emergen-
cy OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS
EARLIER, 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 corpo-
ration or municipality from disconnecting service necessary to protect
the health and safety of customers and the public.
§ 3. Subdivisions 8, 9, 10 and 11 of section 89-b of the public
service law, as added by chapter 108 of the laws of 2020, are amended
and a new subdivision 12 is added to read as follows:
8. No water-works corporation shall terminate or disconnect the supply
of water to residential accounts OR THE ACCOUNT OF A SMALL BUSINESS
CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (A) PUBLICLY
HELD COMPANY, OR A SUBSIDIARY THEREOF, (B) SEASONAL, SHORT-TERM, OR
TEMPORARY CUSTOMER, (C) HIGH ENERGY CUSTOMER AS DEFINED BY THE COMMIS-
SION, OR (D) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES
S. 1453--B 3
TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS
CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS
DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, 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 OR SMALL BUSINESS customer within forty-eight hours if such
service has been terminated during the pendency of the COVID-19 state of
emergency.
9. For a period of one hundred eighty days after EITHER the COVID-19
state of emergency is lifted or expires OR DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no water-works corporation
shall terminate or disconnect the service of a residential OR SMALL
BUSINESS customer account because of defaulted deferred payment agree-
ments 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 emergency as defined by the department. The water-works corpo-
ration shall provide such 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 article two of this chapter.
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 demonstrated a change in financial circum-
stances due to the COVID-19 state of emergency for the purpose of offer-
ing such customers a deferred payment agreement consistent with the
provisions of this SECTION AND article TWO OF THIS CHAPTER.
11. Implementation of the provisions of this section shall not prohib-
it a water-works corporation from recovering lost or deferred revenues
after EITHER the lifting or expiration of the COVID-19 state of emergen-
cy OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS
EARLIER, 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 when it is necessary to protect
the health and safety of customers and the public.
12. 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.
§ 4. Subdivisions 3, 4 and 5 of section 89-l of the public service
law, as added by chapter 108 of the laws of 2020, are amended and two
new subdivisions 4-a and 5-a are added to read as follows:
3. No municipality shall terminate or discontinue [residential]
service TO, OR PLACE, SELL OR ENFORCE ANY LIEN ON THE REAL PROPERTY OF,
A RESIDENTIAL CUSTOMER, A NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVES
RESIDENTIAL PREMISES, OR A SMALL BUSINESS WITH TWENTY-FIVE OR FEWER
EMPLOYEES THAT IS NOT A (A) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THER-
EOF, (B) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (C) HIGH USAGE
CUSTOMER AS DEFINED BY THE COMMISSION, OR (D) CUSTOMER THAT THE UTILITY
CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE
S. 1453--B 4
UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE
CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S
COMPLAINT PROCEDURES, for the nonpayment of bills, taxes, or fees, AND
NO BILLS, TAXES, OR FEES CHARGED TO SUCH CUSTOMERS SHALL OTHERWISE
BECOME A LIEN ON REAL PROPERTY, 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") OR AT
ANY TIME WHEN A CUSTOMER IS IN COMPLIANCE WITH THE TERMS OF A DEFERRED
PAYMENT AGREEMENT ENTERED INTO PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION. Every municipality shall have a duty to restore service to any
residential customer, NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVES
RESIDENTIAL PREMISES, OR SMALL BUSINESS 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 EITHER the COVID-19
state of emergency is lifted or expires OR DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no municipality shall termi-
nate or discontinue the service of, OR PLACE, SELL OR ENFORCE ANY LIEN
ON THE REAL PROPERTY OF, a residential CUSTOMER, A NON-RESIDENTIAL
CUSTOMER WHOSE ACCOUNT SERVES RESIDENTIAL PREMISES OR SMALL BUSINESS
customer because of bill arrears, taxes, or fees owed to the munici-
pality when such customer has experienced a change in financial circum-
stances due to the COVID-19 state of emergency, as defined by the
department. The municipality shall provide a residential CUSTOMER, A
NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVES RESIDENTIAL PREMISES, OR
SMALL BUSINESS service customer that has experienced a change in finan-
cial circumstances due to the COVID-19 state of emergency 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 SUBDIVI-
SION SHALL BE DETERMINED AS SUCH IS PROVIDED FOR IN ARTICLE TWO OF THIS
CHAPTER AND SHALL NOT BE LIMITED TO THE PERIOD DESCRIBED IN THE FIRST
SENTENCE OF THIS SUBDIVISION. 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.
4-A. NO MUNICIPALITY SHALL TERMINATE OR DISCONTINUE SERVICE TO, OR
PLACE, SELL OR ENFORCE ANY LIEN ON THE REAL PROPERTY OF ANY RESIDENTIAL
CUSTOMER, NON-RESIDENTIAL CUSTOMER WHICH SERVES RESIDENTIAL PREMISES, OR
A SMALL BUSINESS CUSTOMER FOR THE NONPAYMENT OF BILL ARREARS, TAXES, OR
FEES AFTER EITHER THE COVID-19 STATE OF EMERGENCY IS LIFTED OR EXPIRES
OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER,
UNLESS AT LEAST THIRTY DAYS PREVIOUSLY IT SENT TO THAT CUSTOMER A NOTICE
OF ITS INTENTION TO DO SO TOGETHER WITH A NOTICE OF RIGHTS UNDER THIS
SECTION IN THE FORM SET FORTH IN SUBDIVISION FIVE OF THIS SECTION
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 SERVE RESIDENTIAL PREMISES, 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 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
SECTION AND article TWO OF THIS CHAPTER.
S. 1453--B 5
5-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION, FOR THE PURPOSES OF SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF
THIS SECTION, A "MUNICIPALITY" SHALL ALSO INCLUDE A PUBLIC WATER AUTHOR-
ITY ESTABLISHED PURSUANT TO ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW.
EVERY MUNICIPALITY SHALL BE SUBJECT TO THE JURISDICTION OF THE COMMIS-
SION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS THREE,
FOUR, FOUR-A, FIVE, FIVE-A AND SIX OF THIS SECTION PURSUANT TO SECTIONS
TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER.
§ 5. Subdivisions 9, 10, 11 and 12 of section 91 of the public service
law, subdivisions 9, 10 and 12 as amended by section 1 of part B of
chapter 126 of the laws of 2020, subdivision 11 as added by chapter 108
of the laws of 2020, are amended to read as follows:
9. No telephone corporation shall terminate or disconnect ANY SERVICES
PROVIDED BY ITS INFRASTRUCTURE TO a residential service customer OR A
SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT
A (A) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (B) SEASONAL,
SHORT-TERM, OR TEMPORARY CUSTOMER, (C) HIGH USAGE CUSTOMER AS DEFINED
BY THE COMMISSION, OR (D) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS
THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE
SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO
CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCE-
DURES, 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 (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, at the
request of any residential OR SMALL BUSINESS customer within forty-eight
hours if such service has been terminated during the pendency of the
COVID-19 state of emergency and disconnection of such service was due to
non-payment of an overdue charge.
10. For a period of one hundred eighty days after EITHER the COVID-19
state of emergency is lifted or expires OR DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, no telephone corporation
shall terminate or disconnect [the service] ANY SERVICES PROVIDED BY ITS
INFRASTRUCTURE of a residential OR SMALL BUSINESS 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 emergency, as
defined by the department. The telephone corporation shall provide such
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, WITH SUCH PROHIBITION ON DOWN
PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED
DURING THE PENDENCY OF THE COVID-19 STATE OF EMERGENCY.
11. Every telephone corporation shall provide notice to residential
customers 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 demonstrated a change in financial circum-
stances due to the COVID-19 state of emergency for the purpose of offer-
ing such customers a deferred payment agreement consistent with the
provisions of this SECTION AND article TWO OF THIS CHAPTER.
12. Implementation of the provisions of this section shall not prohib-
it a telephone corporation from recovering lost or deferred revenues
after EITHER the lifting or expiration of the COVID-19 state of emergen-
cy OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS
S. 1453--B 6
EARLIER, 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 telephone corpo-
ration from disconnecting service at the request of a customer. Nothing
in this section shall prohibit a telephone corporation from disconnect-
ing service when it is necessary to protect the health and safety of
customers and the public.
§ 6. Section 216 of the public service law is amended by adding five
new subdivisions 6, 7, 8, 9 and 10 to read as follows:
6. NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES
PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDENTIAL SERVICE CUSTOMER OR
A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS
NOT A (A) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (B) SEASONAL,
SHORT-TERM, OR TEMPORARY CUSTOMER, OR (C) CUSTOMER THAT THE CABLE TELE-
VISION COMPANY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL,
PROVIDED THAT THE CABLE TELEVISION COMPANY NOTIFIES THE SMALL BUSINESS
CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS
DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, FOR THE
NON-PAYMENT OF AN OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER
EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO
THOUSAND TWENTY (HEREINAFTER "THE COVID-19 STATE OF EMERGENCY"). CABLE
TELEVISION COMPANIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT
NOT ALREADY REQUIRED UNDER THIS CHAPTER, AT THE REQUEST OF ANY RESIDEN-
TIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE
HAS BEEN TERMINATED DURING THE PENDENCY OF THE COVID-19 STATE OF EMER-
GENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAYMENT OF AN
OVERDUE CHARGE, PROVIDED, HOWEVER, THAT CABLE TELEVISION COMPANIES SHALL
NOT BE REQUIRED TO RESTORE SERVICE TO ANY RESIDENTIAL OR SMALL BUSINESS
CUSTOMER IF SUCH SERVICE HAD BEEN TERMINATED PRIOR TO THE EFFECTIVE DATE
OF THIS SUBDIVISION.
7. FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER EITHER THE COVID-19
STATE OF EMERGENCY IS LIFTED OR EXPIRES OR DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, NO CABLE TELEVISION COMPANY
SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUC-
TURE TO A RESIDENTIAL OR SMALL BUSINESS CUSTOMER ACCOUNT BECAUSE OF
DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS THEN OWED TO THE CABLE
TELEVISION COMPANY WHEN SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINAN-
CIAL CIRCUMSTANCES, AS DEFINED BY THE DEPARTMENT, DUE TO THE COVID-19
STATE OF EMERGENCY. THE CABLE TELEVISION COMPANY SHALL PROVIDE SUCH
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, WITH SUCH PROHIBITION ON DOWN
PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED
DURING THE PENDENCY OF THE COVID-19 STATE OF EMERGENCY.
8. EVERY CABLE TELEVISION COMPANY SHALL PROVIDE NOTICE TO RESIDENTIAL
OR SMALL BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL
STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION OF THE
PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO
CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUM-
STANCES DUE TO THE COVID-19 STATE OF EMERGENCY FOR THE PURPOSE OF OFFER-
ING SUCH CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE
PROVISIONS OF THIS SECTION AND ARTICLE TWO OF THIS CHAPTER.
9. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
A CABLE TELEVISION COMPANY FROM RECOVERING LOST OR DEFERRED REVENUES
AFTER EITHER THE LIFTING OR EXPIRATION OF THE COVID-19 STATE OF EMERGEN-
CY OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER IS
S. 1453--B 7
EARLIER, 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 CABLE TELEVISION
COMPANY FROM DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING
IN THIS SECTION SHALL PROHIBIT A CABLE TELEVISION COMPANY FROM DISCON-
NECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF
CUSTOMERS AND THE PUBLIC.
10. EVERY CABLE TELEVISION COMPANY SHALL BE SUBJECT TO THE JURISDIC-
TION OF THE COMMISSION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF
SUBDIVISIONS SIX, SEVEN, EIGHT AND NINE OF THIS SECTION PURSUANT TO
SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER, AND
ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER.
§ 7. The general business law is amended by adding a new section 399-
zzzzz to read as follows:
§ 399-ZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR DISCON-
NECTIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "BROADBAND
SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPA-
BILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY
ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL
TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS SERVICE, AND SHALL
INCLUDE SERVICE PROVIDED BY COMMERCIAL MOBILE TELEPHONE SERVICE PROVID-
ERS, BUT SHALL NOT INCLUDE DIAL-UP SERVICE.
2. NO PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE
OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDEN-
TIAL SERVICE CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR
FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY
THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, OR (III)
CUSTOMER THAT THE BROADBAND SERVICE PROVIDER CAN DEMONSTRATE HAS THE
RESOURCES TO PAY THE BILL, PROVIDED THAT THE BROADBAND SERVICE PROVIDER
NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM-
ER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S
COMPLAINT PROCEDURES, 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 (HEREINAFTER "THE COVID-19
STATE OF EMERGENCY"). SUCH PERSONS OR ENTITIES SHALL HAVE A DUTY TO
RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED, AT THE REQUEST OF
ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF
SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDENCY OF THE COVID-19
STATE OF EMERGENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAY-
MENT OF AN OVERDUE CHARGE, PROVIDED, HOWEVER, THAT SUCH PERSONS OR ENTI-
TIES SHALL NOT BE REQUIRED TO RESTORE SERVICE TO ANY RESIDENTIAL OR
SMALL BUSINESS CUSTOMER IF SUCH SERVICE HAD BEEN TERMINATED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION.
3. FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER EITHER THE COVID-19
STATE OF EMERGENCY IS LIFTED OR EXPIRES OR DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, WHICHEVER IS EARLIER, NO PERSON, BUSINESS, CORPO-
RATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND
SERVICE IN NEW YORK STATE SHALL TERMINATE OR DISCONNECT SERVICES
PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDENTIAL OR SMALL BUSINESS
CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR
ARREARS THEN OWED TO SUCH PERSONS OR ENTITIES WHEN SUCH CUSTOMER HAS
EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES, AS DEFINED BY THE
DEPARTMENT OF PUBLIC SERVICE DUE TO THE COVID-19 STATE OF EMERGENCY. THE
PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL PROVIDE SUCH RESIDEN-
S. 1453--B 8
TIAL OR SMALL BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO, OR
RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS
OF ARTICLE TWO OF THE PUBLIC SERVICE LAW WITHOUT THE REQUIREMENT OF A
DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION ON DOWN
PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED
DURING THE PENDENCY OF THE COVID-19 STATE OF EMERGENCY.
4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL PROVIDE
NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN A WRITING TO BE
INCLUDED WITH A BILL STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC
TRANSMISSION OF 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 ARTICLE TWO OF THE PUBLIC SERVICE LAW.
5. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM RECOVERING LOST OR
DEFERRED REVENUES AFTER EITHER THE LIFTING OR EXPIRATION OF THE COVID-19
STATE OF EMERGENCY OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE,
WHICHEVER IS EARLIER, PURSUANT TO SUCH MEANS FOR RECOVERY BY MEANS NOT
INCONSISTENT WITH ANY OF THE PROVISIONS OF THIS SECTION. NOTHING IN THIS
SECTION SHALL PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS
PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM
DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS
SECTION SHALL PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS
PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM
DISCONNECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND
SAFETY OF CUSTOMERS AND THE PUBLIC.
6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN
INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN ONE THOUSAND DOLLARS PER VIOLATION. IN CONNECTION WITH ANY SUCH
PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
§ 8. 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
S. 1453--B 9
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 9. This act shall take effect immediately; provided, however, that
sections six and seven of this act shall expire and be deemed repealed
on the same date and in the same manner as chapter 108 of the laws of
2020; and provided that:
(a) the amendments to subdivisions 7, 8, and 9 of section 32 of the
public service law made by section two of this act shall not affect the
repeal of such subdivisions and shall be deemed repealed therewith;
(b) the amendments to subdivision 6 of section 32 of the public
service law made by section two of this act shall not affect the expira-
tion of such subdivision and shall be deemed to expire therewith;
(c) the amendments to subdivisions 8, 9, 10 and 11 of section 89-b of
the public service law made by section three of this act shall not
affect the repeal of such subdivisions and shall be deemed repealed
therewith;
(d) subdivision 12 of section 89-b of the public service law as added
by section three 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;
(e) the amendments to subdivisions 3, 4 and 5 of section 89-l of the
public service law made by section four of this act shall not affect the
repeal of such subdivisions and shall be deemed repealed therewith;
(f) subdivisions 4-a and 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;
and
(g) the amendments to subdivisions 9, 10, 11 and 12 of section 91 of
the public service law made by section five of this act shall not affect
the repeal of such subdivisions and shall be deemed repealed therewith.
