NY State Senate Bill 2021-S7668

Senate Bill S7668

2021-2022 Legislative Session

Relates to a moratorium on utility termination of services due to the COVID-19 pandemic; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Jun 03, 2022	committed to rules
Feb 02, 2022	advanced to third reading
Feb 01, 2022	2nd report cal.
Jan 31, 2022	1st report cal.377
Jan 05, 2022	referred to energy and telecommunications

Votes

- Jan 31, 2022 - Energy And Telecommunications Committee Vote
  S7668
  
  6
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Jan 31, 2022
      
      aye (6)
      
      Gaughran
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Parker
      
      aye wr (3)
      
      Boyle
      
      O'Mara
      
      Ritchie

co-Sponsors

2021-S7668 (ACTIVE) - Details

See Assembly Version of this Bill:: A9306
Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Rpld §32 subs 8 & 9, §89-b subs 10 & 11, §89-l subs 5 & 5-a, amd §§32, 89-b & 89-l, Pub Serv L

2021-S7668 (ACTIVE) - Summary

Prohibits utility termination of services due to the COVID-19 pandemic for residential and small business customers who experience a financial hardship due to the pandemic.

2021-S7668 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7668                Revised 1/6/2022

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to prohibiting
termination of utility services due to financial hardship caused by the
COVID-19 pandemic; repealing certain provisions of such law relating
thereto; and providing for the repeal of such provisions upon expiration
thereof

 
PURPOSE:

This bill would extend the electric, gas, water, and municipal shut-off
protections for residential and small business customers that have expe-
rienced a financial hardship from COVID-19.

 
SUMMARY OF PROVISIONS:

Amends various sections of the Public Service Law:

Section 1. Extends the electric and gas utility shut-off moratorium and

related provisions for residential and small business customers that
have experienced a financial hardship from COVID-19.

Section 2. Renumber subdivision 12 of section-89b of Public Service Law
to subdivision 13.

Section 3. Extends the water-works corporation shut-off moratorium and
related provisions for residential and small business customers that
have experienced a financial hardship from COVID-19.

Section 4. Extends the municipality shut-off moratorium and related
provisions for residential and small business customers that have expe-
rienced a financial hardship from COVID-19.

Section 5. Severability clause.

Section 6. Effective date.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

The COVID-19 pandemic continues to affect the lives and livelihoods of
all New Yorkers, particularly those that have experienced financial
hardship from the pandemic. Electric, gas, and water service is essen-
tial to protect the health and safety of these citizens. This bill would
extend the protections for those residential and small business custom-
ers that have experienced a financial hardship due to the COVID-19
pandemic until June 30th, 2022. The intent of the bill is to revive the
"self-certification" process, as was determined by the Department of
Public Service, for those customers that have experienced a financial
hardship from COVID-19. The intent of the bill is also to ensure resi-
dential and small business customers that have self-certified in the
past continue to receive these shut-off protections and do not need to
re-certify. For those customers that may have had their service termi-
nated on or after December 21st, 2021, this bill directs these utility
or municipal service providers to reconnect any such customer that has
experienced financial hardship from the COVID-19 pandemic within 48
hours.

The bill intends to allow households in arrears to arrange for paying
their utility bill, without being forced to choose which vital responsi-
bilities to skip, such as childcare, food, healthcare, or rent, in order
to pay for utility arrears. In addition, the bill will allow small busi-
ness customers to make reasonable commonsense plans to pay arrears while
maintaining employment and providing local community services. This bill
also provides time for the Legislature and the Executive to resolve the
utility arrears crisis that is only compounding with each passing day.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall have been deemed to
have been in full force and effect on and after December 23, 2021 and
shall expire on June 30, 2022 when upon such date the provisions of this
act shall be deemed repealed provided, however, that the amendments to
subdivision 13 of section 89-b of the public service law made by section
two of this act shall not affect the expiration of such subdivision and
shall be deemed to be repealed therewith.

2021-S7668 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7668
 
                             I N  S E N A T E
 
                              January 5, 2022
                                ___________
 
 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 prohibiting
   termination of utility services due to financial  hardship  caused  by
   the COVID-19 pandemic; repealing certain provisions of such law relat-
   ing  thereto;  and  providing  for  the repeal of such provisions upon
   expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  8 and 9 of section 32 of the public service
 law are REPEALED and four new subdivisions 8, 9, 11 and 12 are added  to
 read as follows:
   8.  EVERY  UTILITY CORPORATION OR MUNICIPALITY SHALL PROVIDE NOTICE TO
 RESIDENTIAL AND SMALL BUSINESS CUSTOMERS, IN A WRITING  TO  BE  INCLUDED
 WITH  A BILL STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION
 THE PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS
 TO CONTACT CUSTOMERS WHO HAVE EXPERIENCED A FINANCIAL  HARDSHIP  DUE  TO
 THE  COVID-19  PANDEMIC  FOR  THE  PURPOSE  OF OFFERING SUCH CUSTOMERS A
 DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS  ARTI-
 CLE.
   9. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
 A  UTILITY  OR  MUNICIPALITY  FROM  RECOVERING LOST OR DEFERRED REVENUES
 AFTER JUNE THIRTIETH, TWO THOUSAND TWENTY-TWO, PURSUANT  TO  SUCH  MEANS
 FOR  RECOVERY  AS  ARE  PROVIDED  FOR  IN THIS CHAPTER, AND BY MEANS NOT
 INCONSISTENT WITH ANY OF THE PROVISIONS OF THIS  ARTICLE.    NOTHING  IN
 THIS  SECTION  SHALL PROHIBIT A UTILITY CORPORATION OR MUNICIPALITY FROM
 DISCONNECTING SERVICE NECESSARY TO PROTECT  THE  HEALTH  AND  SAFETY  OF
 CUSTOMERS AND THE PUBLIC.
   11.  NO UTILITY CORPORATION OR MUNICIPALITY SHALL TERMINATE OR DISCON-
 NECT THE SERVICE OF A RESIDENTIAL CUSTOMER OR  SMALL  BUSINESS  CUSTOMER
 BECAUSE  OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS OWED TO THE
 UTILITY CORPORATION OR MUNICIPALITY WHEN SUCH CUSTOMER HAS EXPERIENCED A
 FINANCIAL HARDSHIP DUE TO THE  COVID-19  PANDEMIC,  AS  DEFINED  BY  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14169-03-2
 S. 7668                             2
 
 DEPARTMENT.   THE UTILITY CORPORATION OR MUNICIPALITY SHALL PROVIDE SUCH
 RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO,  OR
 RESTRUCTURE,  A  DEFERRED PAYMENT AGREEMENT WITHOUT THE REQUIREMENT OF A
 DOWN  PAYMENT,  LATE FEES, OR PENALTIES, AS SUCH IS PROVIDED FOR IN THIS
 ARTICLE WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR  PENALTIES
 APPLICABLE  TO  ALL  ARREARS  INCURRED DURING SUCH DEFERMENT PURSUANT TO
 THIS SUBDIVISION. FOR PURPOSES OF  THIS  SECTION  THE  DEPARTMENT  SHALL
 DEFINE THE TERM "SMALL BUSINESS CUSTOMER."
   12. A UTILITY CORPORATION OR MUNICIPALITY SHALL HAVE A DUTY TO RESTORE
 SERVICE,  TO  THE EXTENT NOT ALREADY REQUIRED UNDER THIS CHAPTER, TO ANY
 RESIDENTIAL OR SMALL BUSINESS CUSTOMER THAT  HAS  EXPERIENCED  FINANCIAL
 HARDSHIP  FROM  THE  COVID-19  PANDEMIC WITHIN FORTY-EIGHT HOURS IF SUCH
 SERVICE HAS BEEN TERMINATED FOR THE DEFAULT OF A DEFERRED PAYMENT AGREE-
 MENT OR NON-PAYMENT OF ARREARS AND WITH NO  PENALTIES  FOR  SUCH  TERMI-
 NATION OR RESTORATION OF SERVICE.
   §  2.  Subdivision  12  of  section 89-b of the public service law, as
 added by chapter 106 of the laws of 2021, is renumbered subdivision 13.
   § 3. Subdivisions 10 and 11 of section 89-b of the public service  law
 are  REPEALED,  and four new subdivisions 10, 11, 14 and 15 are added to
 read as follows:
   10. EVERY WATER-WORKS CORPORATION SHALL PROVIDE NOTICE TO  RESIDENTIAL
 AND  SMALL  BUSINESS  CUSTOMERS, IN A WRITING TO BE INCLUDED WITH A BILL
 STATEMENT  OR,  WHEN  APPROPRIATE,  VIA  ELECTRONIC   TRANSMISSION   THE
 PROVISIONS  OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO
 CONTACT CUSTOMERS WHO HAVE EXPERIENCED A FINANCIAL HARDSHIP DUE  TO  THE
 COVID-19  PANDEMIC FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED
 PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
   11. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIB-
 IT A WATER-WORKS CORPORATION FROM RECOVERING LOST OR  DEFERRED  REVENUES
 AFTER  JUNE  THIRTIETH,  TWO THOUSAND TWENTY-TWO, PURSUANT TO SUCH MEANS
 FOR RECOVERY AS ARE PROVIDED FOR IN  THIS  CHAPTER,  AND  BY  MEANS  NOT
 INCONSISTENT  WITH  ANY  OF  THE PROVISIONS OF THIS ARTICLE.  NOTHING IN
 THIS SECTION SHALL PROHIBIT A WATER-WORKS CORPORATION FROM DISCONNECTING
 SERVICE NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND  THE
 PUBLIC.
   14.  NO  WATER-WORKS  CORPORATION  SHALL  TERMINATE  OR DISCONNECT THE
 SERVICE OF A RESIDENTIAL OR SMALL BUSINESS CUSTOMER ACCOUNT  BECAUSE  OF
 DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS OWED TO THE WATER-WORKS
 CORPORATION  WHEN SUCH CUSTOMER HAS EXPERIENCED A FINANCIAL HARDSHIP DUE
 TO THE COVID-19 PANDEMIC, AS DEFINED BY THE DEPARTMENT.  THE WATER-WORKS
 CORPORATION SHALL PROVIDE SUCH RESIDENTIAL OR  SMALL  BUSINESS  CUSTOMER
 WITH  THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREE-
 MENT WITHOUT THE REQUIREMENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES,
 AS SUCH IS PROVIDED FOR IN THIS ARTICLE WITH SUCH  PROHIBITION  ON  DOWN
 PAYMENTS,  LATE  FEES,  OR  PENALTIES APPLICABLE TO ALL ARREARS INCURRED
 DURING SUCH DEFERMENT PURSUANT TO THIS SUBDIVISION. FOR PURPOSES OF THIS
 SECTION THE DEPARTMENT SHALL DEFINE THE TERM "SMALL BUSINESS CUSTOMER."
   15. WATER-WORKS CORPORATIONS SHALL HAVE A DUTY TO RESTORE SERVICE,  TO
 THE  EXTENT  NOT ALREADY REQUIRED UNDER THIS CHAPTER, TO ANY RESIDENTIAL
 OR SMALL BUSINESS CUSTOMER THAT HAS EXPERIENCED FINANCIAL HARDSHIP  FROM
 THE  COVID-19 PANDEMIC WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN
 TERMINATED FOR THE DEFAULT OF A DEFERRED PAYMENT AGREEMENT  OR  NON-PAY-
 MENT  OF  ARREARS AND WITH NO PENALTIES FOR SUCH TERMINATION OR RESTORA-
 TION OF SERVICE.
 S. 7668                             3

   § 4. Subdivisions 5 and 5-a of section 89-l of the public service  law
 are REPEALED and four new subdivisions 5, 5-a, 7 and 8 are added to read
 as follows:
   5. EVERY MUNICIPALITY SHALL PROVIDE NOTICE, IN THE SAME FREQUENCY THAT
 THE  CUSTOMER RECEIVES A REGULAR BILL, TO RESIDENTIAL CUSTOMERS, NON-RE-
 SIDENTIAL CUSTOMERS WHOSE ACCOUNTS  SERVICE  RESIDENTIAL  PREMISES,  AND
 SMALL  BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATE-
 MENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION THE PROVISIONS OF
 THIS SECTION AND  SHALL  FURTHER  MAKE  REASONABLE  EFFORTS  TO  CONTACT
 CUSTOMERS  WHO HAVE EXPERIENCED A FINANCIAL HARDSHIP DUE TO THE COVID-19
 PANDEMIC FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A  DEFERRED  PAYMENT
 AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS SECTION AND ARTICLE TWO
 OF THIS CHAPTER.
   5-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
 SECTION, FOR THE PURPOSES OF SUBDIVISIONS THREE, FOUR AND FIVE  OF  THIS
 SECTION,  A  "MUNICIPALITY"  SHALL ALSO INCLUDE A PUBLIC WATER AUTHORITY
 ESTABLISHED PURSUANT TO ARTICLE FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW.
 EVERY  MUNICIPALITY  SHALL BE SUBJECT TO THE JURISDICTION OF THE COMMIS-
 SION FOR PURPOSES OF ENFORCING THE  PROVISIONS  OF  SUBDIVISIONS  THREE,
 FOUR,  AND FIVE OF THIS SECTION PURSUANT TO SECTION TWENTY-FOUR, TWENTY-
 FIVE, AND TWENTY-SIX OF THIS CHAPTER.
   7. NO MUNICIPALITY SHALL  TERMINATE  OR  DISCONTINUE  SERVICE  TO,  OR
 PLACE,  SELL  OR ENFORCE ANY LIEN ON THE REAL PROPERTY OF, A RESIDENTIAL
 CUSTOMER, A NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVICES  RESIDENTIAL
 PREMISES,  OR SMALL BUSINESS CUSTOMER BECAUSE OF BILL ARREARS, TAXES, OR
 FEES OWED TO THE MUNICIPALITY  WHEN  SUCH  CUSTOMER  HAS  EXPERIENCED  A
 FINANCIAL  HARDSHIP  DUE  TO  THE  COVID-19  PANDEMIC, AS DEFINED BY THE
 DEPARTMENT. THE MUNICIPALITY SHALL PROVIDE SUCH RESIDENTIAL CUSTOMER,  A
 NON-RESIDENTIAL CUSTOMER WHOSE ACCOUNT SERVICES RESIDENTIAL PREMISES, OR
 SMALL  BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A
 DEFERRED PAYMENT AGREEMENT WITHOUT THE REQUIREMENT OF  A  DOWN  PAYMENT,
 LATE  FEES, OR PENALTIES, AS SUCH IS PROVIDED FOR IN ARTICLE TWO OF THIS
 CHAPTER. THE DURATION OF A DEFERRED PAYMENT AGREEMENT  ENTERED  INTO  OR
 RESTRUCTURED PURSUANT TO THIS SUBDIVISION SHALL BE DETERMINED AS SUCH IS
 PROVIDED  FOR IN ARTICLE TWO OF THIS CHAPTER AND SHALL NOT BE LIMITED TO
 THE COVERED  PERIOD.  A  DEFERRED  PAYMENT  AGREEMENT  ENTERED  INTO  OR
 RESTRUCTURED  PURSUANT  TO  THIS SUBDIVISION SHALL REMAIN SUBJECT TO THE
 PROVISIONS OF ARTICLE TWO OF THIS CHAPTER UNTIL THE TERMINATION  OF  THE
 AGREEMENT  AS  SUCH  IS  PROVIDED  IN  ARTICLE  TWO OF THIS CHAPTER. FOR
 PURPOSES OF THIS SECTION THE DEPARTMENT SHALL  DEFINE  THE  TERM  "SMALL
 BUSINESS  CUSTOMER."  THE  TERM  "COVERED PERIOD" SHALL MEAN BETWEEN THE
 EFFECTIVE DATE OF THIS SECTION AND JUNE THIRTIETH, TWO THOUSAND  TWENTY-
 TWO.
   8.  A MUNICIPALITY SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT
 NOT ALREADY REQUIRED UNDER THIS CHAPTER, TO  ANY  RESIDENTIAL  OR  SMALL
 BUSINESS  CUSTOMER  THAT  HAS  EXPERIENCED  FINANCIAL  HARDSHIP FROM THE
 COVID-19 PANDEMIC WITHIN FORTY-EIGHT HOURS  IF  SUCH  SERVICE  HAS  BEEN
 TERMINATED  FOR  THE DEFAULT OF A DEFERRED PAYMENT AGREEMENT OR NON-PAY-
 MENT OF ARREARS AND WITH NO PENALTIES FOR SUCH TERMINATION  OR  RESTORA-
 TION OF SERVICE.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or subpart of this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or  subpart  thereof  directly involved in the controversy in which such
 S. 7668                             4
 
 judgment shall have been rendered. It  is  hereby  declared  to  be  the
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   § 6. This act shall take effect immediately and shall have been deemed
 to have been in full force and effect on and after December 21, 2021 and
 shall expire on June 30, 2022 when upon such date the provisions of this
 act  shall  be deemed repealed provided, however, that the amendments to
 subdivision 13 of section 89-b of the public service law made by section
 two of this act shall not affect the expiration of such subdivision  and
 shall be deemed to be repealed therewith.

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 S7668

Share this bill

Sponsored By

Kevin S. Parker