BILL NUMBER: S2817

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the executive law, the public service law and the gener-
al municipal law, in relation to making the opportunity to receive basic
utility service, clean air and clean water a civil right

 
PURPOSE:

To ensure that residents are able to access service from gas and elec-
tric utilities that may have a monopoly on service in any given communi-
ty.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 291 of the executive law by adding a new subdi-
vision 4 to establish the right to access to utility service, along with
clean air and clean water a civil right, without regard to race, creed,
color, national origin, sexual orientation or gender identity or
expression, military status, sex, marital status or disability, as spec-
              

ified in section 296 of this article, is recognized as a civil right.

Subsection 2 amends the public service law by adding a new section to
stipulate liability of any gas, electric, steam corporation or munici-
pality that fails to provide basic utility service shall be held liable
to any person affected by such failure that the court finds is willful
for such refusal to provide such service.

Subsection 3 amends the general municipal law that stipulates liability
by any county, city, town or village that provides water to residents
for penalties for failing to provide clean water. Provides for compen-
sation of plaintiffs attorney's fees.

 
JUSTIFICATION:

National Grid has proposed building a natural gas pipeline called the
Williams pipeline, which would utilize fracked gas in the New York City
area. However, New York banned the practice of hydrofracking in 2015 due
to its adverse environmental impacts.

Although the project is currently under review and has not advanced,
many environmental, civic and other community organizations, in addition
to local elected officials have taken positions against the pipeline due
to its cost, health and safety concerns, in addition to its limited
relevancy. In addition, the New York State Department of Environmental
Conservation denied the water quality certification for the pipeline to
the company twice, once in April of 2018 and again in May of 2019.

Recently, National Grid has initiated a moratorium on gas service to
both new and existing homes and businesses, in what many affected state
residents believe to be retaliation against those opposed to the pipe-
line. In addition, National Grid has embarked upon a public relations
campaign which claims that they will be unable to provide utility
service unless the pipeline is approved.

However, a pipeline already exists in this area which has provided
service to homes and businesses in the area for decades. In addition, if
the Williams pipeline is approved it would take several years to come
online and begin to supply service. Any utility company that has the
benefit of a monopoly in the area, must be held accountable for refusing
to provide essential service to the residents.

This legislation defines access to utility service a basic civil right
of the population, along with clean air and clean water, and provide for
liability for responsible companies to refuse to provide such service.

 
LEGISLATIVE HISTORY:

2019: S. 6730 - Referred to Senate Rules.

2020: S. 6730 - Referred to Senate Investigations and Government Oper-
ations.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
On the sixtieth day after it has become a law.