NY State Senate Bill 2021-S6275C

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2022	print number 6275c
Apr 06, 2022	amend (t) and recommit to finance
Mar 01, 2022	reported and committed to finance
Feb 22, 2022	print number 6275b
Feb 22, 2022	amend and recommit to energy and telecommunications
Jan 05, 2022	referred to energy and telecommunications
Apr 21, 2021	print number 6275a
Apr 21, 2021	amend and recommit to energy and telecommunications
Apr 20, 2021	referred to energy and telecommunications

Votes

- Mar 1, 2022 - Energy And Telecommunications Committee Vote
  S6275C
  
  6
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Mar 1, 2022
      
      aye (6)
      
      Gaughran
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Parker
      
      nay (2)
      
      O'Mara
      
      Ritchie
      
      aye wr (1)
      
      Boyle

Bill Amendments

Original

C (Active)

2021-S6275 - Details

See Assembly Version of this Bill:: A10642
Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add §§28, 37-a, 89-bb, 91-b, 224-d & 224-e, Pub Serv L; amd §1020-f, Pub Auth L

2021-S6275 - Summary

Relates to establishing arrears resolution programs; requires utility corporations, telephone corporations, water-works corporations, municipal water systems, internet service providers and cable television companies to establish arrears resolution programs for residential and small business customers to pay arrears owed during the COVID-19 state of emergency; requires the public service commission to study arrears owed for broadband services and cable service in the state; defines terms

2021-S6275 - Sponsor Memo

                                 
BILL NUMBER: S6275

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to establishing
arrears resolution programs

 
PURPOSE OR GENERAL IDEA OF BILL:

The commission shall require utility corporations to establish an
arrears resolution program for residential and small business customers
and/or ratepayers that experienced a change in financial circumstances
due to the COVID-19 state of emergency.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the public service law by adding an arrears resolution
program, defines the covered period beginning February 1, 2020 until 90
days after December 31, 2021. Defines COVID-19 state of emergency, small
business customer, and utility arrears. Established the commission to
require utility corporations to establish an arrears resolution program

and that the customers utility arrears shall be paid 50% by the utility
corporation from the corporations shareholder funds and 50% by the
commission from any federal funds made available for such purposes. The
commission shall require utility corporations to provide information,
eligibility, and application forms for such programs to customers in
arrears via websites, their offices, and other means. The commission
shall also require utility corporations to file periodic reports regard-
ing the number of eligible customers participating in such programs and
other information deemed necessary or appropriate by the commission. The
fiscal impact of such program shall not be borne by customers and shall
not be added to bills rendered by the utility corporation to customers.

Section 2. Amends the public service law as the same in Section 1 but
focused on water arrears; water-works corporations. 50% of the arrears
shall be paid by the water-works corporation shareholder funds and 50%
by the commission from any federal funds made available for such
purposes. The fiscal impact of such program shall not be borne by
customers and shall not be added to bills rendered by the water-Works
corporation to customers.

Section 3. Amends the public service law as the same in Section 1 but
focused on telephone arrears; telephone corporations. 50% of the arrears
shall be paid by the telephone corporations shareholder funds and 50% by
the commission from any federal funds made available for such purposes.
The fiscal impact of such program shall not be borne by customers and
shall not be added to bills rendered by the telephone corporation to
customers.

Section 4. Amends the public service law as the same in Section 1 but is
focused on broadband service arrears; internet service provider. The
commission shall study broadband service arrears accrued during the
COVID-19 state of emergency and within 90 days of the effective, day,
the commission shall submit a report of its findings and recommendations
from the study for the creation of broadband services arrears resolution
programs to the Governor, Temporary President of the Senate and the
Assembly. The commission shall require internet service providers the
establish an arrears resolution program and the fiscal impact of such
program shall not be borne by customers and shall not be added to bills
rendered by the internet service provider to customers. 50% of the
arrears shall be paid by the internet service provider shareholder funds
and 50% by the commission from any federal funds made available for such
purposes.

Section 5. States the effective date.

 
JUSTIFICATION:

In relation to the moratorium on utility termination of services, the
payment of services is the next step with trying to resolve the economic
hardship outcomes and assist residential and small business customers
and/or ratepayers that have experienced a change in financial circum-
stances due to the COVID-19 pandemic.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6275 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6275
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  public service law, in relation to establishing
   arrears resolution programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 37-a to read as follows:
   § 37-A. ARREARS RESOLUTION  PROGRAM.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVERED  PERIOD"  MEANS THE PERIOD BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B) "COVID-19 STATE OF EMERGENCY" MEANS THE STATE  DISASTER  EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C)  "SMALL  BUSINESS  CUSTOMER"  MEANS A BUSINESS 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,  (III)  HIGH
 ENERGY  CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE
 UTILITY CORPORATION  CAN  DEMONSTRATE  HAS  THE  RESOURCES  TO  PAY  ITS
 ARREARS; AND
   (D)  "UTILITY  ARREARS" MEANS UNPAID UTILITY PAYMENTS BY A RESIDENTIAL
 CUSTOMER, SMALL BUSINESS CUSTOMER AND/OR RATEPAYER TO A  UTILITY  CORPO-
 RATION ACCRUED DURING THE COVERED PERIOD.
   2.  THE  COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO ESTABLISH AN
 ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
 DATE OF THIS  SECTION  FOR  RESIDENTIAL  CUSTOMERS  AND  SMALL  BUSINESS
 CUSTOMERS  TO  PAY  ANY UTILITY ARREARS OWED TO SUCH UTILITY CORPORATION
 DURING THE COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A  CHANGE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10807-02-1

 S. 6275                             2
 
 IN  FINANCIAL  CIRCUMSTANCES  DUE TO THE COVID-19 STATE OF EMERGENCY, AS
 DEFINED BY THE DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM  SHALL  NOT
 BE  BORNE  BY  CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED BY THE
 UTILITY CORPORATION TO CUSTOMERS.
   3. A CUSTOMER'S UTILITY ARREARS SHALL BE PAID:
   (A)  FIFTY  PERCENT BY THE UTILITY CORPORATION FROM SUCH CORPORATION'S
 SHAREHOLDER FUNDS; AND
   (B) FIFTY PERCENT BY THE COMMISSION FROM ANY FEDERAL FUNDS MADE AVAIL-
 ABLE FOR SUCH PURPOSES.
   4. THE COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO PROVIDE INFOR-
 MATION AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOMERS  ON
 THEIR  WEBSITES,  AT  THEIR  OFFICES, AND BY OTHER MEANS, AND TO PROVIDE
 INFORMATION REGARDING THE AVAILABILITY  AND  ELIGIBILITY  STANDARDS  FOR
 SUCH  PROGRAM  TO  RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS AT
 THE TIME OF SERVICE INITIATION, IN BILL INSERTS, IN COMMUNICATIONS  WITH
 CUSTOMERS  IN  ARREARS,  AND  BY OTHER MEANS REQUIRED OR APPROVED BY THE
 COMMISSION.
   5. THE COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO FILE  PERIODIC
 REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPATING IN SUCH
 PROGRAMS  AND  OTHER  INFORMATION DEEMED NECESSARY OR APPROPRIATE BY THE
 COMMISSION.
   § 2. The public service law is amended by adding a new  section  89-bb
 to read as follows:
   §  89-BB.  ARREARS  RESOLUTION  PROGRAM.  1.  FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED PERIOD" MEANS THE PERIOD BEGINNING  FEBRUARY  FIRST,  TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B)  "COVID-19  STATE OF EMERGENCY" MEANS THE STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C) "SMALL BUSINESS CUSTOMER" MEANS A  BUSINESS  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, (III) HIGH
 ENERGY CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT  THE
 WATER-WORKS  CORPORATION  CAN  DEMONSTRATE  HAS THE RESOURCES TO PAY ITS
 ARREARS; AND
   (D) "WATER ARREARS" MEANS UNPAID WATER UTILITY PAYMENTS BY A  RESIDEN-
 TIAL CUSTOMER, SMALL BUSINESS CUSTOMER AND/OR RATEPAYER TO A WATER-WORKS
 CORPORATION ACCRUED DURING THE COVERED PERIOD.
   2.  THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS TO ESTABLISH
 AN ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE EFFEC-
 TIVE DATE OF THIS SECTION FOR RESIDENTIAL CUSTOMERS AND  SMALL  BUSINESS
 CUSTOMERS  TO PAY ANY WATER ARREARS OWED TO SUCH WATER-WORKS CORPORATION
 DURING THE COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A  CHANGE
 IN  FINANCIAL  CIRCUMSTANCES  DUE TO THE COVID-19 STATE OF EMERGENCY, AS
 DEFINED BY THE DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM  SHALL  NOT
 BE  BORNE  BY  CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED BY THE
 WATER-WORKS CORPORATION TO CUSTOMERS.
   3. A CUSTOMER'S WATER ARREARS SHALL BE PAID:
   (A) FIFTY PERCENT BY THE  WATER-WORKS  CORPORATION  FROM  SUCH  CORPO-
 RATION'S SHAREHOLDER FUNDS; AND
   (B) FIFTY PERCENT BY THE COMMISSION FROM ANY FEDERAL FUNDS MADE AVAIL-
 ABLE FOR SUCH PURPOSES.
   4.  THE  COMMISSION  SHALL REQUIRE WATER-WORKS CORPORATIONS TO PROVIDE
 INFORMATION AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE  CUSTOM-

 S. 6275                             3
 
 ERS  ON  THEIR  WEBSITES,  AT  THEIR OFFICES, AND BY OTHER MEANS, AND TO
 PROVIDE INFORMATION REGARDING THE AVAILABILITY AND ELIGIBILITY STANDARDS
 FOR SUCH PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL  BUSINESS  CUSTOMERS
 AT  THE  TIME  OF SERVICE INITIATION, IN BILL INSERTS, IN COMMUNICATIONS
 WITH CUSTOMERS IN ARREARS, AND BY OTHER MEANS REQUIRED  OR  APPROVED  BY
 THE COMMISSION.
   5. THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS TO FILE PERI-
 ODIC REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPATING IN
 SUCH  PROGRAMS  AND OTHER INFORMATION DEEMED NECESSARY OR APPROPRIATE BY
 THE COMMISSION.
   § 3. The public service law is amended by adding a new section 91-b to
 read as follows:
   § 91-B. ARREARS RESOLUTION  PROGRAM.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVERED  PERIOD"  MEANS THE PERIOD BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B) "COVID-19 STATE OF EMERGENCY" MEANS THE STATE  DISASTER  EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C)  "SMALL  BUSINESS  CUSTOMER"  MEANS A BUSINESS 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,  (III)  HIGH
 USAGE  CUSTOMER  AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE
 TELEPHONE CORPORATION CAN DEMONSTRATE  HAS  THE  RESOURCES  TO  PAY  ITS
 ARREARS; AND
   (D)  "TELEPHONE ARREARS" MEANS UNPAID TELEPHONE PAYMENTS BY A RESIDEN-
 TIAL AND/OR SMALL BUSINESS CUSTOMER TO A TELEPHONE  CORPORATION  ACCRUED
 DURING THE COVERED PERIOD.
   2. THE COMMISSION SHALL REQUIRE TELEPHONE CORPORATIONS TO ESTABLISH AN
 ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
 DATE  OF  THIS  SECTION  FOR  RESIDENTIAL  CUSTOMERS  AND SMALL BUSINESS
 CUSTOMERS TO PAY ANY TELEPHONE ARREARS OWED  TO  SUCH  TELEPHONE  CORPO-
 RATION  DURING THE COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A
 CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF  EMERGEN-
 CY,  AS  DEFINED  BY  THE  DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM
 SHALL NOT BE BORNE BY CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED
 BY THE TELEPHONE CORPORATION TO CUSTOMERS.
   3. A CUSTOMER'S TELEPHONE ARREARS SHALL BE PAID:
   (A) FIFTY PERCENT BY THE TELEPHONE CORPORATION FROM SUCH CORPORATION'S
 SHAREHOLDER FUNDS; AND
   (B) FIFTY PERCENT BY THE COMMISSION FROM ANY FEDERAL FUNDS MADE AVAIL-
 ABLE FOR SUCH PURPOSES.
   4. THE COMMISSION SHALL  REQUIRE  TELEPHONE  CORPORATIONS  TO  PROVIDE
 INFORMATION  AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOM-
 ERS ON THEIR WEBSITES, AT THEIR OFFICES, AND  BY  OTHER  MEANS,  AND  TO
 PROVIDE INFORMATION REGARDING THE AVAILABILITY AND ELIGIBILITY STANDARDS
 FOR  SUCH  PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS
 AT THE TIME OF SERVICE INITIATION, IN BILL  INSERTS,  IN  COMMUNICATIONS
 WITH  CUSTOMERS  IN  ARREARS, AND BY OTHER MEANS REQUIRED OR APPROVED BY
 THE COMMISSION.
   5. THE COMMISSION SHALL REQUIRE TELEPHONE CORPORATIONS TO FILE PERIOD-
 IC REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS  PARTICIPATING  IN
 SUCH  PROGRAMS  AND OTHER INFORMATION DEEMED NECESSARY OR APPROPRIATE BY
 THE COMMISSION.

 S. 6275                             4
 
   § 4. The public service law is amended by adding a new  section  224-c
 to read as follows:
   §  224-C.  BROADBAND  SERVICES  ARREARS RESOLUTION PROGRAM. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "BROADBAND  SERVICE"  MEANS  A  MASS-MARKET  RETAIL  SERVICE THAT
 PROVIDES THE CAPABILITY 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, BUT SHALL NOT INCLUDE DIAL-UP SERVICE;
   (B) "BROADBAND SERVICE ARREARS" MEANS UNPAID BROADBAND PAYMENTS  BY  A
 RESIDENTIAL  AND/OR  SMALL  BUSINESS  CUSTOMER  TO  AN  INTERNET SERVICE
 PROVIDER ACCRUED DURING THE COVERED PERIOD;
   (C) "COVERED PERIOD" MEANS THE PERIOD BEGINNING  FEBRUARY  FIRST,  TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (D)  "COVID-19  STATE OF EMERGENCY" MEANS THE STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (E) "INTERNET SERVICE PROVIDER" MEANS ANY PERSON, BUSINESS  OR  ORGAN-
 IZATION  QUALIFIED  TO  DO BUSINESS IN THIS STATE THAT PROVIDES INDIVID-
 UALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO THE
 INTERNET; AND
   (F) "SMALL BUSINESS CUSTOMER" MEANS A  BUSINESS  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, (III) HIGH
 USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER  THAT  THE
 INTERNET  SERVICE  PROVIDER CAN DEMONSTRATE HAS THE RESOURCES TO PAY ITS
 ARREARS.
   2. (A) THE COMMISSION SHALL STUDY BROADBAND  SERVICE  ARREARS  ACCRUED
 DURING  THE  COVID-19  STATE OF EMERGENCY INCLUDING BY AREA OF THE STATE
 WHERE CUSTOMERS OWE  SUCH  ARREARS,  THE  TYPES  OF  SERVICES  CUSTOMERS
 RECEIVE AND THE AVERAGE AMOUNT OF SUCH ARREARS, AND ANY CURRENT PROGRAMS
 INTERNET  SERVICE  PROVIDERS  OFFER  THEIR  CUSTOMERS TO ASSIST WITH THE
 PAYMENT OF SUCH ARREARS.
   (B) WITHIN NINETY DAYS OF THE EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 COMMISSION  SHALL  SUBMIT  A  REPORT OF ITS FINDINGS AND RECOMMENDATIONS
 FROM THE STUDY AND FOR THE CREATION OF BROADBAND SERVICES ARREARS RESOL-
 UTION PROGRAMS, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE
 AND THE SPEAKER OF THE ASSEMBLY.
   3.  THE  COMMISSION SHALL REQUIRE INTERNET SERVICE PROVIDERS TO ESTAB-
 LISH AN ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS  AFTER  THE
 SUBMISSION  OF  THE COMMISSION'S REPORT ON BROADBAND SERVICE ARREARS FOR
 RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS TO PAY ANY  BROADBAND
 SERVICES  ARREARS  OWED  TO  SUCH  INTERNET  SERVICE PROVIDER DURING THE
 COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A CHANGE  IN  FINAN-
 CIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY, AS DEFINED BY
 THE  DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT BE BORNE BY
 CUSTOMERS AND SHALL NOT BE ADDED  TO  BILLS  RENDERED  BY  THE  INTERNET
 SERVICE PROVIDER TO CUSTOMERS.
   4. A CUSTOMER'S BROADBAND SERVICE ARREARS SHALL BE PAID:
   (A)  FIFTY  PERCENT BY THE INTERNET SERVICE PROVIDER FROM SUCH PROVID-
 ER'S SHAREHOLDER FUNDS; AND
   (B) FIFTY PERCENT BY THE COMMISSION FROM ANY FEDERAL FUNDS MADE AVAIL-
 ABLE FOR SUCH PURPOSES.

 S. 6275                             5
 
   5. THE COMMISSION SHALL REQUIRE INTERNET SERVICE PROVIDERS TO  PROVIDE
 INFORMATION  AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOM-
 ERS ON THEIR WEBSITES, AT THEIR OFFICES, AND  BY  OTHER  MEANS,  AND  TO
 PROVIDE INFORMATION REGARDING THE AVAILABILITY AND ELIGIBILITY STANDARDS
 FOR  SUCH  PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS
 AT THE TIME OF SERVICE INITIATION, IN BILL  INSERTS,  IN  COMMUNICATIONS
 WITH  CUSTOMERS  IN  ARREARS, AND BY OTHER MEANS REQUIRED OR APPROVED BY
 THE COMMISSION.
   6. THE COMMISSION SHALL REQUIRE INTERNET  SERVICE  PROVIDERS  TO  FILE
 PERIODIC  REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPAT-
 ING IN SUCH PROGRAMS AND OTHER INFORMATION DEEMED NECESSARY OR APPROPRI-
 ATE BY THE COMMISSION.
   § 5. This act shall take effect immediately.

2021-S6275A - Details

See Assembly Version of this Bill:: A10642
Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add §§28, 37-a, 89-bb, 91-b, 224-d & 224-e, Pub Serv L; amd §1020-f, Pub Auth L

2021-S6275A - Summary

2021-S6275A - Sponsor Memo

                                 
BILL NUMBER: S6275A

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to establishing
arrears resolution programs

 
PURPOSE OR GENERAL IDEA OF BILL:

The commission shall require utility corporations to establish an
arrears resolution program for residential and small business customers
and/or ratepayers that experienced a change in financial circumstances
due to the COVID-19 state of emergency.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the public service law by adding an arrears resolution
program, defines the covered period beginning February 1, 2020 until 90
days after December 31, 2021. Defines COVID-19 state of emergency, small
business customer, and utility arrears. Established the commission to
require utility corporations to establish an arrears resolution program

and that the customers utility arrears shall be paid 50%, by the utility
corporation from the corporations shareholder funds and 50% by the
commission from any federal funds made available for such purposes. The
commission shall require utility corporations to provide information,
eligibility, and application forms for such programs to customers in
arrears via websites, their offices, and other means. The commission
shall also require utility corporations to file periodic reports regard-
ing the number of eligible customers participating in such programs and
other information deemed necessary or appropriate by the commission. The
fiscal impact of such program shall not be borne by customers and shall
not be added to bills rendered by the utility corporation to customers.

Section 2. Amends the public service law as the same in Section 1 but
focused on water arrears; water-works corporations and municipal water
systems. 50% of the arrears shall be paid by the water-works corporation
and/or municipal water system shareholder funds and 50% by the commis-
sion from any federal funds made available for such purposes. The fiscal
impact of such program shall not be borne by customers and shall not be
added to bills rendered by the water-works corporation and or municipal
water system to customers.

Section 3. Amends the public service law as the same in Section 1 but
focused on telephone arrears; telephone corporations. 50% of the arrears
shall be paid by the telephone corporations shareholder funds and 50% by
the commission from any federal funds made available for such purposes.
The fiscal impact of such program shall not be borne by customers and
shall not be added to bills rendered by the telephone corporation to
customers.

Section 4. Amends the public service law as the same in Section 1 but is
focused on broadband service arrears; Internet service provider.  The
commission shall study broadband service arrears accrued during the
COVID-19 state of emergency and within 90 days of the effective day, the
commission shall submit a report of its findings and recommendations
from the study for the creation of broadband services arrears resolution
programs to the Governor, Temporary President of the Senate and the
Assembly. The commission shall require internet service providers the
establish an arrears resolution program and the fiscal impact of such
program shall not be borne by customers and shall not be added to bills
rendered by the internet service provider to customers. 50%  of the
arrears shall be paid by the internet service provider shareholder funds
and 50%  by the commission from any federal funds made available for
such purposes.

Section 5. States the effective date.

 
JUSTIFICATION:

In relation to the moratorium on utility termination of services, the
payment of services is the next step with trying to resolve the economic
hardship outcomes and assist residential and small business customers
and/or ratepayers that have experienced a change in financial circum-
stances due to the COVID-19 pandemic.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6275A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6275--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public service  law,  in  relation  to  establishing
   arrears resolution programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 37-a to read as follows:
   §  37-A.  ARREARS  RESOLUTION  PROGRAM.  1.  FOR  THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED PERIOD" MEANS THE PERIOD BEGINNING  FEBRUARY  FIRST,  TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B)  "COVID-19  STATE OF EMERGENCY" MEANS THE STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C) "SMALL BUSINESS CUSTOMER" MEANS A  BUSINESS  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, (III) HIGH
 ENERGY CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT  THE
 UTILITY  CORPORATION  CAN  DEMONSTRATE  HAS  THE  RESOURCES  TO  PAY ITS
 ARREARS; AND
   (D) "UTILITY ARREARS" MEANS UNPAID UTILITY PAYMENTS BY  A  RESIDENTIAL
 CUSTOMER,  SMALL  BUSINESS CUSTOMER AND/OR RATEPAYER TO A UTILITY CORPO-
 RATION ACCRUED DURING THE COVERED PERIOD.
   2. THE COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO  ESTABLISH  AN
 ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
 DATE  OF  THIS  SECTION  FOR  RESIDENTIAL  CUSTOMERS  AND SMALL BUSINESS
 CUSTOMERS TO PAY ANY UTILITY ARREARS OWED TO  SUCH  UTILITY  CORPORATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10807-03-1

 S. 6275--A                          2
 
 DURING  THE COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A CHANGE
 IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE  OF  EMERGENCY,  AS
 DEFINED  BY  THE DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT
 BE  BORNE  BY  CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED BY THE
 UTILITY CORPORATION TO CUSTOMERS.
   3. A CUSTOMER'S UTILITY ARREARS SHALL BE PAID:
   (A) FIFTY PERCENT BY THE UTILITY CORPORATION FROM  SUCH  CORPORATION'S
 SHAREHOLDER FUNDS; AND
   (B) FIFTY PERCENT BY THE COMMISSION FROM ANY FEDERAL FUNDS MADE AVAIL-
 ABLE FOR SUCH PURPOSES.
   4. THE COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO PROVIDE INFOR-
 MATION  AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOMERS ON
 THEIR WEBSITES, AT THEIR OFFICES, AND BY OTHER  MEANS,  AND  TO  PROVIDE
 INFORMATION  REGARDING  THE  AVAILABILITY  AND ELIGIBILITY STANDARDS FOR
 SUCH PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL  BUSINESS  CUSTOMERS  AT
 THE  TIME OF SERVICE INITIATION, IN BILL INSERTS, IN COMMUNICATIONS WITH
 CUSTOMERS IN ARREARS, AND BY OTHER MEANS REQUIRED  OR  APPROVED  BY  THE
 COMMISSION.
   5.  THE COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO FILE PERIODIC
 REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPATING IN SUCH
 PROGRAMS AND OTHER INFORMATION DEEMED NECESSARY OR  APPROPRIATE  BY  THE
 COMMISSION.
   §  2.  The public service law is amended by adding a new section 89-bb
 to read as follows:
   § 89-BB. ARREARS RESOLUTION PROGRAM.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVERED  PERIOD"  MEANS THE PERIOD BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B) "COVID-19 STATE OF EMERGENCY" MEANS THE STATE  DISASTER  EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C)  "SMALL  BUSINESS  CUSTOMER"  MEANS A BUSINESS 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,  (III)  HIGH
 ENERGY  CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE
 WATER-WORKS CORPORATION AND/OR MUNICIPAL WATER  SYSTEM  CAN  DEMONSTRATE
 HAS THE RESOURCES TO PAY ITS ARREARS; AND
   (D)  "WATER ARREARS" MEANS UNPAID WATER UTILITY PAYMENTS BY A RESIDEN-
 TIAL CUSTOMER, SMALL BUSINESS CUSTOMER AND/OR RATEPAYER TO A WATER-WORKS
 CORPORATION AND/OR  MUNICIPAL  WATER  SYSTEM  THAT  ACCRUED  DURING  THE
 COVERED PERIOD.
   2. THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS AND MUNICIPAL
 WATER  SYSTEMS  TO ESTABLISH AN ARREARS RESOLUTION PROGRAM NO LATER THAN
 NINETY DAYS AFTER THE EFFECTIVE DATE OF  THIS  SECTION  FOR  RESIDENTIAL
 CUSTOMERS  AND SMALL BUSINESS CUSTOMERS TO PAY ANY WATER ARREARS OWED TO
 SUCH WATER-WORKS CORPORATION AND/OR MUNICIPAL WATER  SYSTEM  DURING  THE
 COVERED  PERIOD  WHEN SUCH A CUSTOMER HAS EXPERIENCED A CHANGE IN FINAN-
 CIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY, AS DEFINED BY
 THE DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT BE BORNE  BY
 CUSTOMERS  AND  SHALL  NOT BE ADDED TO BILLS RENDERED BY THE WATER-WORKS
 CORPORATION AND/OR MUNICIPAL WATER SYSTEM TO CUSTOMERS.
   3. A CUSTOMER'S WATER ARREARS SHALL BE PAID:
   (A) FIFTY PERCENT BY  THE  WATER-WORKS  CORPORATION  AND/OR  MUNICIPAL
 WATER  SYSTEM FROM SUCH CORPORATION'S AND/OR SYSTEM'S SHAREHOLDER FUNDS;
 AND

 S. 6275--A                          3
 
   (B) FIFTY PERCENT BY THE COMMISSION FROM ANY FEDERAL FUNDS MADE AVAIL-
 ABLE FOR SUCH PURPOSES.
   4. THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS AND MUNICIPAL
 WATER  SYSTEMS  TO  PROVIDE  INFORMATION  AND APPLICATION FORMS FOR SUCH
 PROGRAMS TO ELIGIBLE CUSTOMERS ON THEIR WEBSITES, AT THEIR OFFICES,  AND
 BY  OTHER  MEANS,  AND TO PROVIDE INFORMATION REGARDING THE AVAILABILITY
 AND ELIGIBILITY STANDARDS FOR SUCH PROGRAM TO RESIDENTIAL CUSTOMERS  AND
 SMALL  BUSINESS  CUSTOMERS  AT  THE  TIME OF SERVICE INITIATION, IN BILL
 INSERTS, IN COMMUNICATIONS WITH CUSTOMERS IN ARREARS, AND BY OTHER MEANS
 REQUIRED OR APPROVED BY THE COMMISSION.
   5. THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS AND MUNICIPAL
 WATER SYSTEMS TO FILE PERIODIC REPORTS REGARDING THE NUMBER OF  ELIGIBLE
 CUSTOMERS  PARTICIPATING  IN  SUCH PROGRAMS AND OTHER INFORMATION DEEMED
 NECESSARY OR APPROPRIATE BY THE COMMISSION.
   § 3. The public service law is amended by adding a new section 91-b to
 read as follows:
   § 91-B. ARREARS RESOLUTION  PROGRAM.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVERED  PERIOD"  MEANS THE PERIOD BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B) "COVID-19 STATE OF EMERGENCY" MEANS THE STATE  DISASTER  EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C)  "SMALL  BUSINESS  CUSTOMER"  MEANS A BUSINESS 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,  (III)  HIGH
 USAGE  CUSTOMER  AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE
 TELEPHONE CORPORATION CAN DEMONSTRATE  HAS  THE  RESOURCES  TO  PAY  ITS
 ARREARS; AND
   (D)  "TELEPHONE ARREARS" MEANS UNPAID TELEPHONE PAYMENTS BY A RESIDEN-
 TIAL AND/OR SMALL BUSINESS CUSTOMER TO A TELEPHONE  CORPORATION  ACCRUED
 DURING THE COVERED PERIOD.
   2. THE COMMISSION SHALL REQUIRE TELEPHONE CORPORATIONS TO ESTABLISH AN
 ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
 DATE  OF  THIS  SECTION  FOR  RESIDENTIAL  CUSTOMERS  AND SMALL BUSINESS
 CUSTOMERS TO PAY ANY TELEPHONE ARREARS OWED  TO  SUCH  TELEPHONE  CORPO-
 RATION  DURING THE COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A
 CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF  EMERGEN-
 CY,  AS  DEFINED  BY  THE  DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM
 SHALL NOT BE BORNE BY CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED
 BY THE TELEPHONE CORPORATION TO CUSTOMERS.
   3. A CUSTOMER'S TELEPHONE ARREARS SHALL BE PAID:
   (A) FIFTY PERCENT BY THE TELEPHONE CORPORATION FROM SUCH CORPORATION'S
 SHAREHOLDER FUNDS; AND
   (B) FIFTY PERCENT BY THE COMMISSION FROM ANY FEDERAL FUNDS MADE AVAIL-
 ABLE FOR SUCH PURPOSES.
   4. THE COMMISSION SHALL  REQUIRE  TELEPHONE  CORPORATIONS  TO  PROVIDE
 INFORMATION  AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOM-
 ERS ON THEIR WEBSITES, AT THEIR OFFICES, AND  BY  OTHER  MEANS,  AND  TO
 PROVIDE INFORMATION REGARDING THE AVAILABILITY AND ELIGIBILITY STANDARDS
 FOR  SUCH  PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS
 AT THE TIME OF SERVICE INITIATION, IN BILL  INSERTS,  IN  COMMUNICATIONS
 WITH  CUSTOMERS  IN  ARREARS, AND BY OTHER MEANS REQUIRED OR APPROVED BY
 THE COMMISSION.

 S. 6275--A                          4
 
   5. THE COMMISSION SHALL REQUIRE TELEPHONE CORPORATIONS TO FILE PERIOD-
 IC REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS  PARTICIPATING  IN
 SUCH  PROGRAMS  AND OTHER INFORMATION DEEMED NECESSARY OR APPROPRIATE BY
 THE COMMISSION.
   §  4.  The public service law is amended by adding a new section 224-d
 to read as follows:
   § 224-D. BROADBAND SERVICES ARREARS RESOLUTION  PROGRAM.  1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "BROADBAND  SERVICE"  MEANS  A  MASS-MARKET  RETAIL  SERVICE  THAT
 PROVIDES THE CAPABILITY 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, BUT SHALL NOT INCLUDE DIAL-UP SERVICE;
   (B)  "BROADBAND  SERVICE ARREARS" MEANS UNPAID BROADBAND PAYMENTS BY A
 RESIDENTIAL AND/OR  SMALL  BUSINESS  CUSTOMER  TO  AN  INTERNET  SERVICE
 PROVIDER ACCRUED DURING THE COVERED PERIOD;
   (C)  "COVERED  PERIOD"  MEANS THE PERIOD BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (D) "COVID-19 STATE OF EMERGENCY" MEANS THE STATE  DISASTER  EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (E)  "INTERNET  SERVICE PROVIDER" MEANS ANY PERSON, BUSINESS OR ORGAN-
 IZATION QUALIFIED TO DO BUSINESS IN THIS STATE  THAT  PROVIDES  INDIVID-
 UALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO THE
 INTERNET; AND
   (F)  "SMALL  BUSINESS  CUSTOMER"  MEANS A BUSINESS 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,  (III)  HIGH
 USAGE  CUSTOMER  AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE
 INTERNET SERVICE PROVIDER CAN DEMONSTRATE HAS THE RESOURCES TO  PAY  ITS
 ARREARS.
   2.  (A)  THE  COMMISSION SHALL STUDY BROADBAND SERVICE ARREARS ACCRUED
 DURING THE COVID-19 STATE OF EMERGENCY INCLUDING BY AREA  OF  THE  STATE
 WHERE  CUSTOMERS  OWE  SUCH  ARREARS,  THE  TYPES  OF SERVICES CUSTOMERS
 RECEIVE AND THE AVERAGE AMOUNT OF SUCH ARREARS, AND ANY CURRENT PROGRAMS
 INTERNET SERVICE PROVIDERS OFFER THEIR  CUSTOMERS  TO  ASSIST  WITH  THE
 PAYMENT OF SUCH ARREARS.
   (B)  WITHIN  NINETY  DAYS  OF  THE EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSION SHALL SUBMIT A REPORT OF  ITS  FINDINGS  AND  RECOMMENDATIONS
 FROM THE STUDY AND FOR THE CREATION OF BROADBAND SERVICES ARREARS RESOL-
 UTION  PROGRAMS,  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
 AND THE SPEAKER OF THE ASSEMBLY.
   3. THE COMMISSION SHALL REQUIRE INTERNET SERVICE PROVIDERS  TO  ESTAB-
 LISH  AN  ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE
 SUBMISSION OF THE COMMISSION'S REPORT ON BROADBAND SERVICE  ARREARS  FOR
 RESIDENTIAL  CUSTOMERS AND SMALL BUSINESS CUSTOMERS TO PAY ANY BROADBAND
 SERVICES ARREARS OWED TO  SUCH  INTERNET  SERVICE  PROVIDER  DURING  THE
 COVERED  PERIOD  WHEN SUCH A CUSTOMER HAS EXPERIENCED A CHANGE IN FINAN-
 CIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY, AS DEFINED BY
 THE DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT BE BORNE  BY
 CUSTOMERS  AND  SHALL  NOT  BE  ADDED  TO BILLS RENDERED BY THE INTERNET
 SERVICE PROVIDER TO CUSTOMERS.
   4. A CUSTOMER'S BROADBAND SERVICE ARREARS SHALL BE PAID:

 S. 6275--A                          5
 
   (A) FIFTY PERCENT BY THE INTERNET SERVICE PROVIDER FROM  SUCH  PROVID-
 ER'S SHAREHOLDER FUNDS; AND
   (B) FIFTY PERCENT BY THE COMMISSION FROM ANY FEDERAL FUNDS MADE AVAIL-
 ABLE FOR SUCH PURPOSES.
   5.  THE COMMISSION SHALL REQUIRE INTERNET SERVICE PROVIDERS TO PROVIDE
 INFORMATION AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE  CUSTOM-
 ERS  ON  THEIR  WEBSITES,  AT  THEIR OFFICES, AND BY OTHER MEANS, AND TO
 PROVIDE INFORMATION REGARDING THE AVAILABILITY AND ELIGIBILITY STANDARDS
 FOR SUCH PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL  BUSINESS  CUSTOMERS
 AT  THE  TIME  OF SERVICE INITIATION, IN BILL INSERTS, IN COMMUNICATIONS
 WITH CUSTOMERS IN ARREARS, AND BY OTHER MEANS REQUIRED  OR  APPROVED  BY
 THE COMMISSION.
   6.  THE  COMMISSION  SHALL  REQUIRE INTERNET SERVICE PROVIDERS TO FILE
 PERIODIC REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS  PARTICIPAT-
 ING IN SUCH PROGRAMS AND OTHER INFORMATION DEEMED NECESSARY OR APPROPRI-
 ATE BY THE COMMISSION.
   § 5. This act shall take effect immediately.

co-Sponsors

2021-S6275B - Details

See Assembly Version of this Bill:: A10642
Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add §§28, 37-a, 89-bb, 91-b, 224-d & 224-e, Pub Serv L; amd §1020-f, Pub Auth L

2021-S6275B - Summary

2021-S6275B - Sponsor Memo

                                 
BILL NUMBER: S6275B

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to establishing
arrears resolution programs

 
PURPOSE OR GENERAL IDEA OF BILL:

The commission shall require utility corporations to establish an
arrears resolution program for residential and small business customers
and/or ratepayers that experienced a change in financial circumstances
due to the COVID-19 state of emergency.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the public service law by adding an arrears resolution
program, defines the covered period beginning February 1, 2020 until 90
days after December 31, 2021. Defines COVID-19 state of emergency, small
business customer, and utility arrears. Established the commission to
require utility corporations to establish an arrears resolution program

and that the customers utility arrears shall be paid 50%, by the utility
corporation from the corporations shareholder funds and 50% by the
commission from any federal funds made available for such purposes. The
commission shall require utility corporations to provide information,
eligibility, and application forms for such programs to customers in
arrears via websites, their offices, and other means. The commission
shall also require utility corporations to file periodic reports regard-
ing the number of eligible customers participating in such programs and
other information deemed necessary or appropriate by the commission. The
fiscal impact of such program shall not be borne by customers and shall
not be added to bills rendered by the utility corporation to customers.

Section 2. Amends the public service law as the same in Section 1 but
focused on water arrears; water-works corporations and municipal water
systems. 50% of the arrears shall be paid by the water-works corporation
and/or municipal water system shareholder funds and 50% by the commis-
sion from any federal funds made available for such purposes. The fiscal
impact of such program shall not be borne by customers and shall not be
added to bills rendered by the water-works corporation and or municipal
water system to customers.

Section 3. Amends the public service law as the same in Section 1 but
focused on telephone arrears; telephone corporations. 50% of the arrears
shall be paid by the telephone corporations shareholder funds and 50% by
the commission from any federal funds made available for such purposes.
The fiscal impact of such program shall not be borne by customers and
shall not be added to bills rendered by the telephone corporation to
customers.

Section 4. Amends the public service law as the same in Section 1 but is
focused on broadband service arrears; Internet service provider.  The
commission shall study broadband service arrears accrued during the
COVID-19 state of emergency and within 90 days of the effective day, the
commission shall submit a report of its findings and recommendations
from the study for the creation of broadband services arrears resolution
programs to the Governor, Temporary President of the Senate and the
Assembly. The commission shall require internet service providers the
establish an arrears resolution program and the fiscal impact of such
program shall not be borne by customers and shall not be added to bills
rendered by the internet service provider to customers. 50% of the
arrears shall be paid by the internet service provider shareholder funds
and 50% by the commission from any federal funds made available for such
purposes.

Section 5. States the effective date.

 
JUSTIFICATION:

In relation to the moratorium on utility termination of services, the
payment of services is the next step with trying to resolve the economic
hardship outcomes and assist residential and small business customers
and/or ratepayers that have experienced a change in financial circum-
stances due to the COVID-19 pandemic.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6275B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6275--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Energy and Telecommunications in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  public service law, in relation to establishing
   arrears resolution programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 28 to read as follows:
   § 28. ARREARS RESOLUTION FUNDING PROGRAM. 1. THE COMMISSION IS  HEREBY
 AUTHORIZED  AND DIRECTED TO IMPLEMENT, AS SOON AS PRACTICABLE, A PROGRAM
 TO FUND ARREARS RESOLUTION PROGRAMS  ESTABLISHED  PURSUANT  TO  SECTIONS
 THIRTY-SEVEN-A,  EIGHTY-NINE-BB,  NINETY-ONE-B  AND  TWO HUNDRED TWENTY-
 FOUR-D OF THIS CHAPTER.
   2. SUCH PROGRAM SHALL BE FUNDED WITH: (A) FUNDS RECEIVED BY THE  STATE
 FROM  THE AMERICAN RESCUE PLAN ACT OF 2021, PUB. L. 117-2, AND ANY OTHER
 FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSE; AND
   (B) ANY STATE FUNDS APPROPRIATED FOR SUCH PROGRAM.
   3. THE COMMISSION MAY ADOPT ANY  RULES  OR  REGULATIONS  NECESSARY  TO
 CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2. The public service law is amended by adding a new section 37-a to
 read as follows:
   §  37-A.  ARREARS  RESOLUTION  PROGRAM.  1.  FOR  THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED PERIOD" MEANS THE PERIOD BEGINNING  FEBRUARY  FIRST,  TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10807-04-2

 S. 6275--B                          2
 
   (B)  "COVID-19  STATE OF EMERGENCY" MEANS THE STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C)  "SMALL  BUSINESS  CUSTOMER"  MEANS A BUSINESS 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,  (III)  HIGH
 ENERGY  CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE
 UTILITY CORPORATION  CAN  DEMONSTRATE  HAS  THE  RESOURCES  TO  PAY  ITS
 ARREARS; AND
   (D)  "UTILITY  ARREARS" MEANS UNPAID UTILITY PAYMENTS BY A RESIDENTIAL
 CUSTOMER, SMALL BUSINESS CUSTOMER AND/OR RATEPAYER TO A  UTILITY  CORPO-
 RATION ACCRUED DURING THE COVERED PERIOD.
   2.  THE  COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO ESTABLISH AN
 ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
 DATE OF THIS  SECTION  FOR  RESIDENTIAL  CUSTOMERS  AND  SMALL  BUSINESS
 CUSTOMERS  TO  PAY  ANY UTILITY ARREARS OWED TO SUCH UTILITY CORPORATION
 DURING THE COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A  CHANGE
 IN  FINANCIAL  CIRCUMSTANCES  DUE TO THE COVID-19 STATE OF EMERGENCY, AS
 DEFINED BY THE DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM  SHALL  NOT
 BE  BORNE  BY  CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED BY THE
 UTILITY CORPORATION TO CUSTOMERS.
   3. A CUSTOMER'S UTILITY ARREARS SHALL BE PAID FROM FUNDS  RECEIVED  BY
 THE  UTILITY  CORPORATION  FROM  THE  ARREARS RESOLUTION FUNDING PROGRAM
 ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT OF THIS CHAPTER.
   4. THE COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO PROVIDE INFOR-
 MATION AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOMERS  ON
 THEIR  WEBSITES,  AT  THEIR  OFFICES, AND BY OTHER MEANS, AND TO PROVIDE
 INFORMATION REGARDING THE AVAILABILITY  AND  ELIGIBILITY  STANDARDS  FOR
 SUCH  PROGRAM  TO  RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS AT
 THE TIME OF SERVICE INITIATION, IN BILL INSERTS, IN COMMUNICATIONS  WITH
 CUSTOMERS  IN  ARREARS,  AND  BY OTHER MEANS REQUIRED OR APPROVED BY THE
 COMMISSION.
   5. THE COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO FILE  PERIODIC
 REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPATING IN SUCH
 PROGRAMS  AND  OTHER  INFORMATION DEEMED NECESSARY OR APPROPRIATE BY THE
 COMMISSION.
   § 3. The public service law is amended by adding a new  section  89-bb
 to read as follows:
   §  89-BB.  ARREARS  RESOLUTION  PROGRAM.  1.  FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED PERIOD" MEANS THE PERIOD BEGINNING  FEBRUARY  FIRST,  TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B)  "COVID-19  STATE OF EMERGENCY" MEANS THE STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C) "SMALL BUSINESS CUSTOMER" MEANS A  BUSINESS  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, (III) HIGH
 ENERGY CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT  THE
 WATER-WORKS  CORPORATION  AND/OR  MUNICIPAL WATER SYSTEM CAN DEMONSTRATE
 HAS THE RESOURCES TO PAY ITS ARREARS; AND
   (D) "WATER ARREARS" MEANS UNPAID WATER UTILITY PAYMENTS BY A  RESIDEN-
 TIAL CUSTOMER, SMALL BUSINESS CUSTOMER AND/OR RATEPAYER TO A WATER-WORKS
 CORPORATION  AND/OR  MUNICIPAL  WATER  SYSTEM  THAT  ACCRUED  DURING THE
 COVERED PERIOD.
 S. 6275--B                          3
 
   2. THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS AND MUNICIPAL
 WATER SYSTEMS TO ESTABLISH AN ARREARS RESOLUTION PROGRAM NO  LATER  THAN
 NINETY  DAYS  AFTER  THE  EFFECTIVE DATE OF THIS SECTION FOR RESIDENTIAL
 CUSTOMERS AND SMALL BUSINESS CUSTOMERS TO PAY ANY WATER ARREARS OWED  TO
 SUCH  WATER-WORKS  CORPORATION  AND/OR MUNICIPAL WATER SYSTEM DURING THE
 COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A CHANGE  IN  FINAN-
 CIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY, AS DEFINED BY
 THE  DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT BE BORNE BY
 CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED  BY  THE  WATER-WORKS
 CORPORATION AND/OR MUNICIPAL WATER SYSTEM TO CUSTOMERS.
   3. A CUSTOMER'S WATER ARREARS SHALL BE PAID FROM FUNDS RECEIVED BY THE
 WATER-WORKS  CORPORATION  OR  MUNICIPAL  WATER  SYSTEM  FROM THE ARREARS
 RESOLUTION FUNDING PROGRAM ESTABLISHED PURSUANT TO SECTION  TWENTY-EIGHT
 OF THIS CHAPTER.
   4. THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS AND MUNICIPAL
 WATER  SYSTEMS  TO  PROVIDE  INFORMATION  AND APPLICATION FORMS FOR SUCH
 PROGRAMS TO ELIGIBLE CUSTOMERS ON THEIR WEBSITES, AT THEIR OFFICES,  AND
 BY  OTHER  MEANS,  AND TO PROVIDE INFORMATION REGARDING THE AVAILABILITY
 AND ELIGIBILITY STANDARDS FOR SUCH PROGRAM TO RESIDENTIAL CUSTOMERS  AND
 SMALL  BUSINESS  CUSTOMERS  AT  THE  TIME OF SERVICE INITIATION, IN BILL
 INSERTS, IN COMMUNICATIONS WITH CUSTOMERS IN ARREARS, AND BY OTHER MEANS
 REQUIRED OR APPROVED BY THE COMMISSION.
   5. THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS AND MUNICIPAL
 WATER SYSTEMS TO FILE PERIODIC REPORTS REGARDING THE NUMBER OF  ELIGIBLE
 CUSTOMERS  PARTICIPATING  IN  SUCH PROGRAMS AND OTHER INFORMATION DEEMED
 NECESSARY OR APPROPRIATE BY THE COMMISSION.
   § 4. The public service law is amended by adding a new section 91-b to
 read as follows:
   § 91-B. ARREARS RESOLUTION  PROGRAM.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVERED  PERIOD"  MEANS THE PERIOD BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B) "COVID-19 STATE OF EMERGENCY" MEANS THE STATE  DISASTER  EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C)  "SMALL  BUSINESS  CUSTOMER"  MEANS A BUSINESS 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,  (III)  HIGH
 USAGE  CUSTOMER  AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE
 TELEPHONE CORPORATION CAN DEMONSTRATE  HAS  THE  RESOURCES  TO  PAY  ITS
 ARREARS; AND
   (D)  "TELEPHONE ARREARS" MEANS UNPAID TELEPHONE PAYMENTS BY A RESIDEN-
 TIAL AND/OR SMALL BUSINESS CUSTOMER TO A TELEPHONE  CORPORATION  ACCRUED
 DURING THE COVERED PERIOD.
   2. THE COMMISSION SHALL REQUIRE TELEPHONE CORPORATIONS TO ESTABLISH AN
 ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
 DATE  OF  THIS  SECTION  FOR  RESIDENTIAL  CUSTOMERS  AND SMALL BUSINESS
 CUSTOMERS TO PAY ANY TELEPHONE ARREARS OWED  TO  SUCH  TELEPHONE  CORPO-
 RATION  DURING THE COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A
 CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF  EMERGEN-
 CY,  AS  DEFINED  BY  THE  DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM
 SHALL NOT BE BORNE BY CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED
 BY THE TELEPHONE CORPORATION TO CUSTOMERS.
 S. 6275--B                          4
 
   3. A CUSTOMER'S TELEPHONE ARREARS SHALL BE PAID FROM FUNDS RECEIVED BY
 THE TELEPHONE CORPORATION FROM THE ARREARS  RESOLUTION  FUNDING  PROGRAM
 ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT OF THIS CHAPTER.
   4.  THE  COMMISSION  SHALL  REQUIRE  TELEPHONE CORPORATIONS TO PROVIDE
 INFORMATION AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE  CUSTOM-
 ERS  ON  THEIR  WEBSITES,  AT  THEIR OFFICES, AND BY OTHER MEANS, AND TO
 PROVIDE INFORMATION REGARDING THE AVAILABILITY AND ELIGIBILITY STANDARDS
 FOR SUCH PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL  BUSINESS  CUSTOMERS
 AT  THE  TIME  OF SERVICE INITIATION, IN BILL INSERTS, IN COMMUNICATIONS
 WITH CUSTOMERS IN ARREARS, AND BY OTHER MEANS REQUIRED  OR  APPROVED  BY
 THE COMMISSION.
   5. THE COMMISSION SHALL REQUIRE TELEPHONE CORPORATIONS TO FILE PERIOD-
 IC  REPORTS  REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPATING IN
 SUCH PROGRAMS AND OTHER INFORMATION DEEMED NECESSARY OR  APPROPRIATE  BY
 THE COMMISSION.
   §  5.  The public service law is amended by adding a new section 224-d
 to read as follows:
   § 224-D. BROADBAND SERVICES ARREARS RESOLUTION  PROGRAM.  1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "BROADBAND  SERVICE"  MEANS  A  MASS-MARKET  RETAIL  SERVICE  THAT
 PROVIDES THE CAPABILITY 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, BUT SHALL NOT INCLUDE DIAL-UP SERVICE;
   (B)  "BROADBAND  SERVICE ARREARS" MEANS UNPAID BROADBAND PAYMENTS BY A
 RESIDENTIAL AND/OR  SMALL  BUSINESS  CUSTOMER  TO  AN  INTERNET  SERVICE
 PROVIDER ACCRUED DURING THE COVERED PERIOD;
   (C)  "COVERED  PERIOD"  MEANS THE PERIOD BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (D) "COVID-19 STATE OF EMERGENCY" MEANS THE STATE  DISASTER  EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (E)  "INTERNET  SERVICE PROVIDER" MEANS ANY PERSON, BUSINESS OR ORGAN-
 IZATION QUALIFIED TO DO BUSINESS IN THIS STATE  THAT  PROVIDES  INDIVID-
 UALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO THE
 INTERNET; AND
   (F)  "SMALL  BUSINESS  CUSTOMER"  MEANS A BUSINESS 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,  (III)  HIGH
 USAGE  CUSTOMER  AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE
 INTERNET SERVICE PROVIDER CAN DEMONSTRATE HAS THE RESOURCES TO  PAY  ITS
 ARREARS.
   2.  (A)  THE  COMMISSION SHALL STUDY BROADBAND SERVICE ARREARS ACCRUED
 DURING THE COVID-19 STATE OF EMERGENCY INCLUDING BY AREA  OF  THE  STATE
 WHERE  CUSTOMERS  OWE  SUCH  ARREARS,  THE  TYPES  OF SERVICES CUSTOMERS
 RECEIVE AND THE AVERAGE AMOUNT OF SUCH ARREARS, AND ANY CURRENT PROGRAMS
 INTERNET SERVICE PROVIDERS OFFER THEIR  CUSTOMERS  TO  ASSIST  WITH  THE
 PAYMENT OF SUCH ARREARS.
   (B)  WITHIN  NINETY  DAYS  OF  THE EFFECTIVE DATE OF THIS SECTION, THE
 COMMISSION SHALL SUBMIT A REPORT OF  ITS  FINDINGS  AND  RECOMMENDATIONS
 FROM THE STUDY AND FOR THE CREATION OF BROADBAND SERVICES ARREARS RESOL-
 UTION  PROGRAMS,  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
 AND THE SPEAKER OF THE ASSEMBLY.
 S. 6275--B                          5

   3. THE COMMISSION SHALL REQUIRE INTERNET SERVICE PROVIDERS  TO  ESTAB-
 LISH  AN  ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE
 SUBMISSION OF THE COMMISSION'S REPORT ON BROADBAND SERVICE  ARREARS  FOR
 RESIDENTIAL  CUSTOMERS AND SMALL BUSINESS CUSTOMERS TO PAY ANY BROADBAND
 SERVICES  ARREARS  OWED  TO  SUCH  INTERNET  SERVICE PROVIDER DURING THE
 COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A CHANGE  IN  FINAN-
 CIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY, AS DEFINED BY
 THE  DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT BE BORNE BY
 CUSTOMERS AND SHALL NOT BE ADDED  TO  BILLS  RENDERED  BY  THE  INTERNET
 SERVICE PROVIDER TO CUSTOMERS.
   4.  A  CUSTOMER'S  BROADBAND  SERVICE ARREARS SHALL BE PAID FROM FUNDS
 RECEIVED BY THE INTERNET SERVICE PROVIDER FROM  THE  ARREARS  RESOLUTION
 FUNDING  PROGRAM  ESTABLISHED  PURSUANT  TO SECTION TWENTY-EIGHT OF THIS
 CHAPTER.
   5. THE COMMISSION SHALL REQUIRE INTERNET SERVICE PROVIDERS TO  PROVIDE
 INFORMATION  AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOM-
 ERS ON THEIR WEBSITES, AT THEIR OFFICES, AND  BY  OTHER  MEANS,  AND  TO
 PROVIDE INFORMATION REGARDING THE AVAILABILITY AND ELIGIBILITY STANDARDS
 FOR  SUCH  PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS
 AT THE TIME OF SERVICE INITIATION, IN BILL  INSERTS,  IN  COMMUNICATIONS
 WITH  CUSTOMERS  IN  ARREARS, AND BY OTHER MEANS REQUIRED OR APPROVED BY
 THE COMMISSION.
   6. THE COMMISSION SHALL REQUIRE INTERNET  SERVICE  PROVIDERS  TO  FILE
 PERIODIC  REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPAT-
 ING IN SUCH PROGRAMS AND OTHER INFORMATION DEEMED NECESSARY OR APPROPRI-
 ATE BY THE COMMISSION.
   § 6. This act shall take effect immediately.

co-Sponsors

2021-S6275C (ACTIVE) - Details

See Assembly Version of this Bill:: A10642
Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add §§28, 37-a, 89-bb, 91-b, 224-d & 224-e, Pub Serv L; amd §1020-f, Pub Auth L

2021-S6275C (ACTIVE) - Summary

2021-S6275C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6275C

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law and the public authorities law,
in relation to establishing arrears resolution programs

 
PURPOSE OR GENERAL IDEA OF BILL:

The commission shall require utility corporations to establish an
arrears resolution program for residential and small business customers
and/or ratepayers that experienced a change in financial circumstances
due to the COVID-19 state of emergency.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Establishes the arrears resolution funding program which
authorizes the commission to establish a program to fund an arrears
resolution programs, established pursuant to sections thirty-seven-a,
eighty-nine-bb, ninety-one-b and two hundred twenty- four-d of this
chapter. Such program should be funded using (a) funds received by the

state from the american rescue plan act of 2021 and any other federal
funds made available for such purpose; and (b) any state funds appropri-
ated for such program.

Section 2. Amends the public service law by adding an arrears resolution
program, defines the covered period beginning February 1, 2020 until 90
days after December 31, 2021. Defines COVID-19 state of emergency, small
business customer, and utility arrears. Authorizes the commission to
require utility corporations to establish an arrears resolution program
and that the customers utility arrears shall be paid from funds received
by the utility corporation from the arrears resolution funding program
established pursuant to Section 1.  The commission shall require utility
corporations to provide information, eligibility, and application forms
for such programs to customers in arrears via websites, their offices,
and other means.  The commission shall also require utility corporations
to file periodic reports regarding the number of eligible customers
participating in such programs and other information deemed necessary or
appropriate by the commission. The fiscal impact of such program shall
not be borne by customers and shall not be added to bills rendered by
the utility corporation to customers.

Section 3. Amends the the public authorities law is by adding a an
arrears resolution program. Such program shall be funded with (i) funds
received by the state from the american rescue plan act of 2021 and any
other federal funds made available for such purposes; and (ii) any state
funds appropriated for such program. The long Island power authority
shall require service providers to establish an arrears resolution
program no later than ninety days after the effective date. The arrears
resolution program shall be paid from funds received by the service
providers from the arrears resolution funding program established pursu-
ant to section twenty-eight of this chapter. The board may adopt any
rules or regulations necessary to carry out the provisions of this
section.

Section 4. Amends the public service law as the same in Section 1 but
focused on water arrears; water-works corporations and municipal water
systems. From funds received by the water-works corporations and munici-
pal water system from the arrears resolution funding program established
pursuant to Section 1. The fiscal impact of such program shall not be
borne by customers and shall not be added to bills rendered by the
water-works corporation and or municipal water system to customers.

Section 5. Amends the public service law as the same in Section 1 but
focused on telephone arrears; telephone corporations.From funds received
by the telephone corporations from the arrears resolution funding
program established pursuant to Section 1. The fiscal impact of such
program shall not be borne by customers and shall not be added to bills
rendered by the telephone corporation to customers.

Section 6. Amends the public service law as the same in Section 1 but is
focused on broadband service arrears; Internet service provider.  The
commission shall study broadband service arrears accrued during the
COVID-19 state of emergency and within 90 days of the effective day, the
commission shall submit a report of its findings and recommendations
from the study for the creation of broadband services arrears resolution
programs to the Governor, Temporary President of the Senate and the
Assembly. The commission shall require internet service providers to
establish an arrears resolution program and the fiscal impact of such
program shall not be borne by customers and shall not be added to bills
rendered by the internet service provider to customers. From funds
received by internet service providers from the arrears resolution fund-
ing program established pursuant to Section 1.

Section 7. Amends the public service law as the same in Section 1 but
focused on cable service arrears; cable television companies. From funds
received by the cable television company from the arrears resolution
funding program established pursuant to Section 1. The fiscal impact of
such program shall not be borne by customers and shall not be added to
bills rendered by the cable television companies to customers.

Section 8. States the effective date.

 
JUSTIFICATION:

In relation to the moratorium on utility termination of services, the
payment of services is the next step with trying to resolve the economic
hardship outcomes and assist residential and small business customers
and/or ratepayers that have experienced a change in financial circum-
stances due to the COVID-19 pandemic.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6275C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6275--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sens. PARKER, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications   --   committee   discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the  Committee on Energy and Telecommunications in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said  committee  and  committed  to  the  Committee  on
   Finance  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the public service law and the public  authorities  law,
   in relation to establishing arrears resolution programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 28 to read as follows:
   §  28. ARREARS RESOLUTION FUNDING PROGRAM. 1. THE COMMISSION IS HEREBY
 AUTHORIZED AND DIRECTED TO IMPLEMENT, AS SOON AS PRACTICABLE, A  PROGRAM
 TO  FUND  ARREARS  RESOLUTION  PROGRAMS ESTABLISHED PURSUANT TO SECTIONS
 THIRTY-SEVEN-A, EIGHTY-NINE-BB, NINETY-ONE-B, TWO HUNDRED TWENTY-FOUR-D,
 AND TWO HUNDRED TWENTY-FOUR-E OF THIS CHAPTER.
   2. SUCH PROGRAM SHALL BE FUNDED WITH: (A) FUNDS RECEIVED BY THE  STATE
 FROM  THE AMERICAN RESCUE PLAN ACT OF 2021, PUB. L. 117-2, AND ANY OTHER
 FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSE; AND
   (B) ANY STATE FUNDS APPROPRIATED FOR SUCH PROGRAM.
   3. THE COMMISSION MAY ADOPT ANY  RULES  OR  REGULATIONS  NECESSARY  TO
 CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2. The public service law is amended by adding a new section 37-a to
 read as follows:
   §  37-A.  ARREARS  RESOLUTION  PROGRAM.  1.  FOR  THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10807-05-2

 S. 6275--C                          2
 
   (A) "COVERED PERIOD" MEANS THE PERIOD BEGINNING  FEBRUARY  FIRST,  TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B)  "COVID-19  STATE OF EMERGENCY" MEANS THE STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C) "SMALL BUSINESS CUSTOMER" MEANS A  BUSINESS  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, (III) HIGH
 ENERGY CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT  THE
 UTILITY  CORPORATION  CAN  DEMONSTRATE  HAS  THE  RESOURCES  TO  PAY ITS
 ARREARS; AND
   (D) "UTILITY ARREARS" MEANS UNPAID UTILITY PAYMENTS BY  A  RESIDENTIAL
 CUSTOMER,  SMALL  BUSINESS CUSTOMER AND/OR RATEPAYER TO A UTILITY CORPO-
 RATION ACCRUED DURING THE COVERED PERIOD.
   2. THE COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO  ESTABLISH  AN
 ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
 DATE  OF  THIS  SECTION  FOR  RESIDENTIAL  CUSTOMERS  AND SMALL BUSINESS
 CUSTOMERS TO PAY ANY UTILITY ARREARS OWED TO  SUCH  UTILITY  CORPORATION
 DURING  THE COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A CHANGE
 IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE  OF  EMERGENCY,  AS
 DEFINED  BY  THE DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT
 BE BORNE BY CUSTOMERS AND SHALL NOT BE ADDED TO BILLS  RENDERED  BY  THE
 UTILITY CORPORATION TO CUSTOMERS.
   3.  A  CUSTOMER'S UTILITY ARREARS SHALL BE PAID FROM FUNDS RECEIVED BY
 THE UTILITY CORPORATION FROM  THE  ARREARS  RESOLUTION  FUNDING  PROGRAM
 ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT OF THIS CHAPTER.
   4. THE COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO PROVIDE INFOR-
 MATION  AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOMERS ON
 THEIR WEBSITES, AT THEIR OFFICES, AND BY OTHER  MEANS,  AND  TO  PROVIDE
 INFORMATION  REGARDING  THE  AVAILABILITY  AND ELIGIBILITY STANDARDS FOR
 SUCH PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL  BUSINESS  CUSTOMERS  AT
 THE  TIME OF SERVICE INITIATION, IN BILL INSERTS, IN COMMUNICATIONS WITH
 CUSTOMERS IN ARREARS, AND BY OTHER MEANS REQUIRED  OR  APPROVED  BY  THE
 COMMISSION.
   5.  THE COMMISSION SHALL REQUIRE UTILITY CORPORATIONS TO FILE PERIODIC
 REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPATING IN SUCH
 PROGRAMS AND OTHER INFORMATION DEEMED NECESSARY OR  APPROPRIATE  BY  THE
 COMMISSION.
   § 3. Section 1020-f of the public authorities law is amended by adding
 a new subdivision jj to read as follows:
   JJ.    TO  IMPLEMENT,  AS  SOON  AS  PRACTICABLE, A PROGRAM TO FUND AN
 ARREARS RESOLUTION PROGRAM.
   1. SUCH PROGRAM SHALL BE FUNDED WITH (I) FUNDS RECEIVED BY  THE  STATE
 FROM  THE AMERICAN RESCUE PLAN ACT OF 2021, PUB. L. 117-2, AND ANY OTHER
 FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSE; AND (II) ANY STATE  FUNDS
 APPROPRIATED  FOR  SUCH  PROGRAM.   THE AUTHORITY MAY ADOPT ANY RULES OR
 REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBDIVISION.
   2. THE AUTHORITY SHALL  REQUIRE  SERVICE  PROVIDERS  TO  ESTABLISH  AN
 ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
 DATE  OF  THIS  SUBDIVISION FOR RESIDENTIAL CUSTOMERS AND SMALL BUSINESS
 CUSTOMERS TO PAY ANY UTILITY  ARREARS  OWED  TO  SUCH  SERVICE  PROVIDER
 DURING  THE COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A CHANGE
 IN FINANCIAL CIRCUMSTANCES, DUE TO THE COVID-19 STATE OF  EMERGENCY,  AS
 DEFINED  BY  THE AUTHORITY.  THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT
 S. 6275--C                          3
 
 BE BORNE BY CUSTOMERS AND SHALL NOT BE ADDED TO BILLS  RENDERED  BY  THE
 SERVICE PROVIDER TO CUSTOMERS.
   3.  A  CUSTOMER'S UTILITY ARREARS SHALL BE PAID FROM FUNDS RECEIVED BY
 THE SERVICE PROVIDER FROM THE ARREARS RESOLUTION FUNDING PROGRAM  ESTAB-
 LISHED PURSUANT TO THIS SUBDIVISION.
   4.  THE  AUTHORITY SHALL REQUIRE SERVICE PROVIDERS TO PROVIDE INFORMA-
 TION AND APPLICATION FORMS FOR SUCH PROGRAMS TO  ELIGIBLE  CUSTOMERS  ON
 THEIR  WEBSITES,  AT  THEIR  OFFICES, AND BY OTHER MEANS, AND TO PROVIDE
 INFORMATION REGARDING THE AVAILABILITY  AND  ELIGIBILITY  STANDARDS  FOR
 SUCH  PROGRAM  TO  RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS AT
 THE TIME OF SERVICE INITIATION, IN BILL INSERTS, IN COMMUNICATIONS  WITH
 CUSTOMERS  IN  ARREARS,  AND  BY OTHER MEANS REQUIRED OR APPROVED BY THE
 AUTHORITY.
   5. THE AUTHORITY SHALL REQUIRE  SERVICE  PROVIDERS  TO  FILE  PERIODIC
 REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPATING IN SUCH
 PROGRAMS  AND  OTHER  INFORMATION DEEMED NECESSARY OR APPROPRIATE BY THE
 AUTHORITY.
   6. FOR THE PURPOSES OF THIS SUBDIVISION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)  "COVERED  PERIOD"  MEANS THE PERIOD BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (II) "COVID-19 STATE OF EMERGENCY" MEANS THE STATE DISASTER  EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (III)  "SMALL  BUSINESS CUSTOMER" MEANS A BUSINESS 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 ENER-
 GY CUSTOMER AS DEFINED BY  THE  AUTHORITY,  OR  (D)  CUSTOMER  THAT  THE
 SERVICE  PROVIDER  CAN DEMONSTRATE HAS THE RESOURCES TO PAY ITS ARREARS;
 AND
   (IV) "UTILITY ARREARS" MEANS UNPAID UTILITY PAYMENTS BY A  RESIDENTIAL
 CUSTOMER, SMALL BUSINESS CUSTOMER, AND/OR RATEPAYER TO A SERVICE PROVID-
 ER ACCRUED DURING THE COVERED PERIOD.
   §  4.  The public service law is amended by adding a new section 89-bb
 to read as follows:
   § 89-BB. ARREARS RESOLUTION PROGRAM.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVERED  PERIOD"  MEANS THE PERIOD BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B) "COVID-19 STATE OF EMERGENCY" MEANS THE STATE  DISASTER  EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C)  "SMALL  BUSINESS  CUSTOMER"  MEANS A BUSINESS 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,  (III)  HIGH
 ENERGY  CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE
 WATER-WORKS CORPORATION AND/OR MUNICIPAL WATER  SYSTEM  CAN  DEMONSTRATE
 HAS THE RESOURCES TO PAY ITS ARREARS; AND
   (D)  "WATER ARREARS" MEANS UNPAID WATER UTILITY PAYMENTS BY A RESIDEN-
 TIAL CUSTOMER, SMALL BUSINESS CUSTOMER AND/OR RATEPAYER TO A WATER-WORKS
 CORPORATION AND/OR  MUNICIPAL  WATER  SYSTEM  THAT  ACCRUED  DURING  THE
 COVERED PERIOD.
   2. THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS AND MUNICIPAL
 WATER  SYSTEMS  TO ESTABLISH AN ARREARS RESOLUTION PROGRAM NO LATER THAN
 S. 6275--C                          4
 
 NINETY DAYS AFTER THE EFFECTIVE DATE OF  THIS  SECTION  FOR  RESIDENTIAL
 CUSTOMERS  AND SMALL BUSINESS CUSTOMERS TO PAY ANY WATER ARREARS OWED TO
 SUCH WATER-WORKS CORPORATION AND/OR MUNICIPAL WATER  SYSTEM  DURING  THE
 COVERED  PERIOD  WHEN SUCH A CUSTOMER HAS EXPERIENCED A CHANGE IN FINAN-
 CIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY, AS DEFINED BY
 THE DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT BE BORNE  BY
 CUSTOMERS  AND  SHALL  NOT BE ADDED TO BILLS RENDERED BY THE WATER-WORKS
 CORPORATION AND/OR MUNICIPAL WATER SYSTEM TO CUSTOMERS.
   3. A CUSTOMER'S WATER ARREARS SHALL BE PAID FROM FUNDS RECEIVED BY THE
 WATER-WORKS CORPORATION OR  MUNICIPAL  WATER  SYSTEM  FROM  THE  ARREARS
 RESOLUTION  FUNDING PROGRAM ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT
 OF THIS CHAPTER.
   4. THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS AND MUNICIPAL
 WATER SYSTEMS TO PROVIDE INFORMATION  AND  APPLICATION  FORMS  FOR  SUCH
 PROGRAMS  TO ELIGIBLE CUSTOMERS ON THEIR WEBSITES, AT THEIR OFFICES, AND
 BY OTHER MEANS, AND TO PROVIDE INFORMATION  REGARDING  THE  AVAILABILITY
 AND  ELIGIBILITY STANDARDS FOR SUCH PROGRAM TO RESIDENTIAL CUSTOMERS AND
 SMALL BUSINESS CUSTOMERS AT THE TIME  OF  SERVICE  INITIATION,  IN  BILL
 INSERTS, IN COMMUNICATIONS WITH CUSTOMERS IN ARREARS, AND BY OTHER MEANS
 REQUIRED OR APPROVED BY THE COMMISSION.
   5. THE COMMISSION SHALL REQUIRE WATER-WORKS CORPORATIONS AND MUNICIPAL
 WATER  SYSTEMS TO FILE PERIODIC REPORTS REGARDING THE NUMBER OF ELIGIBLE
 CUSTOMERS PARTICIPATING IN SUCH PROGRAMS AND  OTHER  INFORMATION  DEEMED
 NECESSARY OR APPROPRIATE BY THE COMMISSION.
   § 5. The public service law is amended by adding a new section 91-b to
 read as follows:
   §  91-B.  ARREARS  RESOLUTION  PROGRAM.  1.  FOR  THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED PERIOD" MEANS THE PERIOD BEGINNING  FEBRUARY  FIRST,  TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (B)  "COVID-19  STATE OF EMERGENCY" MEANS THE STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (C) "SMALL BUSINESS CUSTOMER" MEANS A  BUSINESS  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, (III) HIGH
 USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER  THAT  THE
 TELEPHONE  CORPORATION  CAN  DEMONSTRATE  HAS  THE  RESOURCES TO PAY ITS
 ARREARS; AND
   (D) "TELEPHONE ARREARS" MEANS UNPAID TELEPHONE PAYMENTS BY A  RESIDEN-
 TIAL  AND/OR  SMALL BUSINESS CUSTOMER TO A TELEPHONE CORPORATION ACCRUED
 DURING THE COVERED PERIOD.
   2. THE COMMISSION SHALL REQUIRE TELEPHONE CORPORATIONS TO ESTABLISH AN
 ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
 DATE OF THIS  SECTION  FOR  RESIDENTIAL  CUSTOMERS  AND  SMALL  BUSINESS
 CUSTOMERS  TO  PAY  ANY  TELEPHONE ARREARS OWED TO SUCH TELEPHONE CORPO-
 RATION DURING THE COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED  A
 CHANGE  IN FINANCIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGEN-
 CY, AS DEFINED BY THE DEPARTMENT. THE  FISCAL  IMPACT  OF  SUCH  PROGRAM
 SHALL NOT BE BORNE BY CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED
 BY THE TELEPHONE CORPORATION TO CUSTOMERS.
   3. A CUSTOMER'S TELEPHONE ARREARS SHALL BE PAID FROM FUNDS RECEIVED BY
 THE  TELEPHONE  CORPORATION  FROM THE ARREARS RESOLUTION FUNDING PROGRAM
 ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT OF THIS CHAPTER.
 S. 6275--C                          5
 
   4. THE COMMISSION SHALL  REQUIRE  TELEPHONE  CORPORATIONS  TO  PROVIDE
 INFORMATION  AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOM-
 ERS ON THEIR WEBSITES, AT THEIR OFFICES, AND  BY  OTHER  MEANS,  AND  TO
 PROVIDE INFORMATION REGARDING THE AVAILABILITY AND ELIGIBILITY STANDARDS
 FOR  SUCH  PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS
 AT THE TIME OF SERVICE INITIATION, IN BILL  INSERTS,  IN  COMMUNICATIONS
 WITH  CUSTOMERS  IN  ARREARS, AND BY OTHER MEANS REQUIRED OR APPROVED BY
 THE COMMISSION.
   5. THE COMMISSION SHALL REQUIRE TELEPHONE CORPORATIONS TO FILE PERIOD-
 IC REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS  PARTICIPATING  IN
 SUCH  PROGRAMS  AND OTHER INFORMATION DEEMED NECESSARY OR APPROPRIATE BY
 THE COMMISSION.
   § 6. The public service law is amended by adding a new  section  224-d
 to read as follows:
   §  224-D.  BROADBAND  SERVICES  ARREARS RESOLUTION PROGRAM. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "BROADBAND  SERVICE"  MEANS  A  MASS-MARKET  RETAIL  SERVICE THAT
 PROVIDES THE CAPABILITY 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, BUT SHALL NOT INCLUDE DIAL-UP SERVICE;
   (B) "BROADBAND SERVICE ARREARS" MEANS UNPAID BROADBAND PAYMENTS  BY  A
 RESIDENTIAL  AND/OR  SMALL  BUSINESS  CUSTOMER  TO  AN  INTERNET SERVICE
 PROVIDER ACCRUED DURING THE COVERED PERIOD;
   (C) "COVERED PERIOD" MEANS THE PERIOD BEGINNING  FEBRUARY  FIRST,  TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (D)  "COVID-19  STATE OF EMERGENCY" MEANS THE STATE DISASTER EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY;
   (E) "INTERNET SERVICE PROVIDER" MEANS ANY PERSON, BUSINESS  OR  ORGAN-
 IZATION  QUALIFIED  TO  DO BUSINESS IN THIS STATE THAT PROVIDES INDIVID-
 UALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO THE
 INTERNET; AND
   (F) "SMALL BUSINESS CUSTOMER" MEANS A  BUSINESS  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, (III) HIGH
 USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER  THAT  THE
 INTERNET  SERVICE  PROVIDER CAN DEMONSTRATE HAS THE RESOURCES TO PAY ITS
 ARREARS.
   2. (A) THE COMMISSION SHALL STUDY BROADBAND  SERVICE  ARREARS  ACCRUED
 DURING  THE  COVID-19  STATE OF EMERGENCY INCLUDING BY AREA OF THE STATE
 WHERE CUSTOMERS OWE  SUCH  ARREARS,  THE  TYPES  OF  SERVICES  CUSTOMERS
 RECEIVE AND THE AVERAGE AMOUNT OF SUCH ARREARS, AND ANY CURRENT PROGRAMS
 INTERNET  SERVICE  PROVIDERS  OFFER  THEIR  CUSTOMERS TO ASSIST WITH THE
 PAYMENT OF SUCH ARREARS.
   (B) WITHIN NINETY DAYS OF THE EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 COMMISSION  SHALL  SUBMIT  A  REPORT OF ITS FINDINGS AND RECOMMENDATIONS
 FROM THE STUDY AND FOR THE CREATION OF BROADBAND SERVICES ARREARS RESOL-
 UTION PROGRAMS, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE
 AND THE SPEAKER OF THE ASSEMBLY.
   3.  THE  COMMISSION SHALL REQUIRE INTERNET SERVICE PROVIDERS TO ESTAB-
 LISH AN ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS  AFTER  THE
 SUBMISSION  OF  THE COMMISSION'S REPORT ON BROADBAND SERVICE ARREARS FOR
 RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS TO PAY ANY  BROADBAND
 S. 6275--C                          6
 
 SERVICES  ARREARS  OWED  TO  SUCH  INTERNET  SERVICE PROVIDER DURING THE
 COVERED PERIOD WHEN SUCH A CUSTOMER HAS EXPERIENCED A CHANGE  IN  FINAN-
 CIAL CIRCUMSTANCES DUE TO THE COVID-19 STATE OF EMERGENCY, AS DEFINED BY
 THE  DEPARTMENT. THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT BE BORNE BY
 CUSTOMERS AND SHALL NOT BE ADDED  TO  BILLS  RENDERED  BY  THE  INTERNET
 SERVICE PROVIDER TO CUSTOMERS.
   4.  A  CUSTOMER'S  BROADBAND  SERVICE ARREARS SHALL BE PAID FROM FUNDS
 RECEIVED BY THE INTERNET SERVICE PROVIDER FROM  THE  ARREARS  RESOLUTION
 FUNDING  PROGRAM  ESTABLISHED  PURSUANT  TO SECTION TWENTY-EIGHT OF THIS
 CHAPTER.
   5. THE COMMISSION SHALL REQUIRE INTERNET SERVICE PROVIDERS TO  PROVIDE
 INFORMATION  AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOM-
 ERS ON THEIR WEBSITES, AT THEIR OFFICES, AND  BY  OTHER  MEANS,  AND  TO
 PROVIDE INFORMATION REGARDING THE AVAILABILITY AND ELIGIBILITY STANDARDS
 FOR  SUCH  PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS
 AT THE TIME OF SERVICE INITIATION, IN BILL  INSERTS,  IN  COMMUNICATIONS
 WITH  CUSTOMERS  IN  ARREARS, AND BY OTHER MEANS REQUIRED OR APPROVED BY
 THE COMMISSION.
   6. THE COMMISSION SHALL REQUIRE INTERNET  SERVICE  PROVIDERS  TO  FILE
 PERIODIC  REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPAT-
 ING IN SUCH PROGRAMS AND OTHER INFORMATION DEEMED NECESSARY OR APPROPRI-
 ATE BY THE COMMISSION.
   § 7. The public service law is amended by adding a new  section  224-e
 to read as follows:
   § 224-E. CABLE SERVICE ARREARS RESOLUTION PROGRAM. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "CABLE SERVICE ARREARS" MEANS UNPAID CABLE PAYMENTS BY A RESIDEN-
 TIAL AND/OR SMALL  BUSINESS  CUSTOMER  TO  A  CABLE  TELEVISION  COMPANY
 ACCRUED DURING THE COVERED PERIOD;
   (B)  "COVERED  PERIOD"  MEANS THE PERIOD BEGINNING FEBRUARY FIRST, TWO
 THOUSAND TWENTY UNTIL NINETY DAYS AFTER DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE;
   (C) "COVID-19 STATE OF EMERGENCY" MEANS THE STATE  DISASTER  EMERGENCY
 DECLARED PURSUANT TO EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOU-
 SAND TWENTY; AND
   (D) "CABLE TELEVISION COMPANY" SHALL HAVE THE SAME MEANING AS SUBDIVI-
 SION ONE OF SECTION TWO HUNDRED TWELVE OF THIS ARTICLE.
   2. (A) THE COMMISSION SHALL STUDY CABLE SERVICE ARREARS ACCRUED DURING
 THE  COVID-19  STATE  OF  EMERGENCY INCLUDING BY AREA OF THE STATE WHERE
 CUSTOMERS OWE SUCH ARREARS, THE TYPES OF SERVICES CUSTOMERS RECEIVE  AND
 THE AVERAGE AMOUNT OF SUCH ARREARS, AND ANY CURRENT PROGRAMS CABLE TELE-
 VISION  COMPANIES  OFFER  THEIR  CUSTOMERS TO ASSIST WITH THE PAYMENT OF
 SUCH ARREARS.
   (B) WITHIN NINETY DAYS OF THE EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 COMMISSION  SHALL  SUBMIT  A  REPORT OF ITS FINDINGS AND RECOMMENDATIONS
 FROM THE STUDY AND FOR THE CREATION OF CABLE SERVICE ARREARS  RESOLUTION
 PROGRAMS, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY.
   3.  THE  COMMISSION SHALL REQUIRE CABLE TELEVISION COMPANIES TO ESTAB-
 LISH AN ARREARS RESOLUTION PROGRAM NO LATER THAN NINETY DAYS  AFTER  THE
 SUBMISSION OF THE COMMISSION'S REPORT ON CABLE SERVICE ARREARS FOR RESI-
 DENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS TO PAY ANY CABLE SERVICES
 ARREARS OWED TO SUCH CABLE TELEVISION COMPANIES DURING THE COVERED PERI-
 OD  WHEN  SUCH  A CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUM-
 STANCES DUE TO THE COVID-19  STATE  OF  EMERGENCY,  AS  DEFINED  BY  THE
 COMMISSION.  THE  FISCAL  IMPACT  OF  SUCH PROGRAM SHALL NOT BE BORNE BY
 S. 6275--C                          7
 
 CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED BY  THE  CABLE  TELE-
 VISION COMPANIES PROVIDER TO CUSTOMERS.
   4.  A  CUSTOMER'S  CABLE  SERVICE  ARREARS  SHALL  BE  PAID FROM FUNDS
 RECEIVED BY THE CABLE TELEVISION COMPANIES FROM THE  ARREARS  RESOLUTION
 FUNDING  PROGRAM  ESTABLISHED  PURSUANT  TO SECTION TWENTY-EIGHT OF THIS
 CHAPTER.
   5. THE COMMISSION SHALL REQUIRE CABLE TELEVISION COMPANIES TO  PROVIDE
 INFORMATION  AND APPLICATION FORMS FOR SUCH PROGRAMS TO ELIGIBLE CUSTOM-
 ERS ON THEIR WEBSITES, AT THEIR OFFICES, AND  BY  OTHER  MEANS,  AND  TO
 PROVIDE INFORMATION REGARDING THE AVAILABILITY AND ELIGIBILITY STANDARDS
 FOR  SUCH  PROGRAM TO RESIDENTIAL CUSTOMERS AND SMALL BUSINESS CUSTOMERS
 AT THE TIME OF SERVICE INITIATION, IN BILL  INSERTS,  IN  COMMUNICATIONS
 WITH  CUSTOMERS  IN  ARREARS, AND BY OTHER MEANS REQUIRED OR APPROVED BY
 THE COMMISSION.
   6. THE COMMISSION SHALL REQUIRE CABLE  TELEVISION  COMPANIES  TO  FILE
 PERIODIC  REPORTS REGARDING THE NUMBER OF ELIGIBLE CUSTOMERS PARTICIPAT-
 ING IN SUCH PROGRAMS AND OTHER INFORMATION DEEMED NECESSARY OR APPROPRI-
 ATE BY THE COMMISSION.
   § 8. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6275C

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Mar 1, 2022 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: Mar 1, 2022

Bill Amendments

2021-S6275 - Details

2021-S6275 - Summary

2021-S6275 - Sponsor Memo

2021-S6275 - Bill Text download pdf

2021-S6275A - Details

2021-S6275A - Summary

2021-S6275A - Sponsor Memo

2021-S6275A - Bill Text download pdf

co-Sponsors

2021-S6275B - Details

2021-S6275B - Summary

2021-S6275B - Sponsor Memo

2021-S6275B - Bill Text download pdf

co-Sponsors

2021-S6275C (ACTIVE) - Details

2021-S6275C (ACTIVE) - Summary

2021-S6275C (ACTIVE) - Sponsor Memo

2021-S6275C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6275C

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2021-S6275 - Details

2021-S6275 - Summary

2021-S6275 - Sponsor Memo

2021-S6275 - Bill Text download pdf

2021-S6275A - Details

2021-S6275A - Summary

2021-S6275A - Sponsor Memo

2021-S6275A - Bill Text download pdf

co-Sponsors

Brad Hoylman-Sigal

2021-S6275B - Details

2021-S6275B - Summary

2021-S6275B - Sponsor Memo

2021-S6275B - Bill Text download pdf

co-Sponsors

Brad Hoylman-Sigal

2021-S6275C (ACTIVE) - Details

2021-S6275C (ACTIVE) - Summary

2021-S6275C (ACTIVE) - Sponsor Memo

2021-S6275C (ACTIVE) - Bill Text download pdf

Comments