S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2744
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by  Sens.  COMRIE, BAILEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications
 
 AN  ACT to amend the public service law, in relation to complaint handl-
   ing procedures by the public service commission

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 43 of the public service law, as added by chapter
 713 of the laws of 1981, subdivision 3 as added by chapter  686  of  the
 laws of 2002, is amended to read as follows:
   § 43. Complaint  handling procedures. 1. The commission shall maintain
 regulations for the handling of [residential] ALL  customer  complaints,
 which  at a minimum shall require that each utility or municipality: (a)
 maintain procedures, AND PROVIDE A COPY OF THOSE PROCEDURES, AS AMENDED,
 TO THE COMMISSION, for prompt investigation of any complaint on  a  bill
 for  gas,  STEAM, or electric service rendered or a deposit required and
 for [prompt] reporting to the complainant [of] WITHIN: (I) FIFTEEN BUSI-
 NESS DAYS AFTER the result of such investigation FOR  A  UTILITY  CORPO-
 RATION;  OR  (II) THIRTY BUSINESS DAYS AFTER THE RESULT OF SUCH INVESTI-
 GATION FOR A MUNICIPALITY. [If such] SUCH report [is  made  orally,  the
 utility  corporation  or municipality shall offer the complainant upon a
 written request the opportunity to receive the report in writing]  SHALL
 BE  IN  WRITING AND PROVIDE ALL SUPPORTING DOCUMENTATION; (b) inform any
 complainant [whose complaint is resolved in favor of the utility  corpo-
 ration or municipality, in whole or in part,] of the availability of the
 commission's complaint handling procedures; (c) refrain from terminating
 service for nonpayment so long as a complaint is pending before a utili-
 ty,  municipality  or the commission and for fifteen days thereafter, or
 for such period as  the  commission  for  good  cause  shall  establish;
 provided  however,  that  as a condition of continued service during the
 pendency of any such  dispute,  a  customer  shall  pay  the  undisputed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05763-01-1

 S. 2744                             2
 
 portions  of  any bill for service including bills for current usage, or
 such amounts as the commission determines reasonably reflect the cost of
 usage to such customer; and  (d)  refrain  from  treating  the  disputed
 portion  of any bill as late during the pendency of any complaint before
 the utility or municipality.  LATE PAYMENT CHARGES SHALL NOT  BE  LEVIED
 DURING THE PERIOD IT TAKES TO RESOLVE DISPUTED AMOUNTS.
   2.  The  commission  shall maintain regulations for complaint handling
 procedures including complaints with respect to  the  negotiation  of  a
 deferred  payment  agreement  which  shall  include,  at  a minimum: (a)
 provision for investigation and informal review and for  appeal  to  the
 commission  [in  its  discretion];  (b)  that the burden of proof in all
 proceedings shall be on the utility corporation or municipality[, except
 as otherwise provided  by  the  commission  for  good  cause];  and  (c)
 provision  for  parties  to  receive  a  written  determination  of  any
 complaint[, upon request,] in plain and simple English,  which  determi-
 nation  shall  set forth the relevant facts established, the reasons for
 the determination, what actions must be taken and  what  further  proce-
 dures are available to a complainant.
   3. The commission shall [use its best efforts to] complete its INITIAL
 investigation  [and  review  and  to issue] WITHIN: (A) FIFTEEN BUSINESS
 DAYS FOR A UTILITY CORPORATION OR; (B) THIRTY BUSINESS DAYS FOR A  MUNI-
 CIPALITY.  THE  COMMISSION  SHALL  COMPLETE  THE INFORMAL REVIEW, IF THE
 INITIAL DECISION IS APPEALED, WITHIN FIFTEEN BUSINESS DAYS. THE  COMMIS-
 SION SHALL, within ninety days, ISSUE its final written determination of
 any appeal to it pursuant to this section.
   4.  FAILURE  BY  ANY  UTILITY CORPORATION OR MUNICIPALITY TO PROVIDE A
 RESPONSE AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION, SHALL INVOKE  A
 PENALTY  OF:  (A) ONE HUNDRED DOLLARS PER BUSINESS DAY FOR EACH BUSINESS
 DAY THAT EXCEEDS THE INITIAL FIFTEEN BUSINESS DAY PERIOD FOR  A  UTILITY
 CORPORATION;  OR (B) TWENTY-FIVE DOLLARS PER BUSINESS DAY FOR EACH BUSI-
 NESS DAY THAT EXCEEDS THE INITIAL THIRTY BUSINESS DAY PERIOD FOR A MUNI-
 CIPALITY.
   5. UPON THE FAILURE OF THE  COMMISSION  TO  ADHERE  TO  THE  DEADLINES
 PROVIDED  BY  SUBDIVISION  THREE  OF  THIS  SECTION, THE COMPLAINANT MAY
 COMMENCE A SPECIAL PROCEEDING AGAINST THE COMMISSION PURSUANT TO  SUBDI-
 VISION  ONE OF SECTION SEVENTY-EIGHT HUNDRED THREE OF THE CIVIL PRACTICE
 LAW AND RULES.  A PREVAILING COMPLAINANT SHALL BE ENTITLED TO REASONABLE
 ATTORNEY'S FEES AND COURT COSTS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.  Effective  immediately,  the addition, amendment,
 and/or repeal of any rules and regulations necessary  to  implement  the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such effective date.