S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8984
 
                             I N  S E N A T E
 
                                May 3, 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 establishing
   minimum standards for payment plans for eligible customers
 
   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
 66-t to read as follows:
   § 66-T. MINIMUM STANDARDS FOR PAYMENT  PLANS.  1.  THE  COMMISSION  IS
 AUTHORIZED  AND DIRECTED TO SET STANDARDS FOR PAYMENT PLANS FOR ELIGIBLE
 CUSTOMERS SET UP BY UTILITY COMPANIES. SUCH STANDARDS SHALL INCLUDE:
   (A) WHETHER A PAYMENT AGREEMENT IS REASONABLE. REASONABLENESS SHALL BE
 DETERMINED BY CONSIDERING THE CURRENT HOUSEHOLD INCOME, ABILITY TO  PAY,
 PAYMENT HISTORY INCLUDING PRIOR DEFAULTS ON SIMILAR AGREEMENTS, THE SIZE
 OF  THE  BILL,  THE AMOUNT OF TIME AND THE REASONS WHY THE BILL HAS BEEN
 OUTSTANDING, AND ANY SPECIAL CIRCUMSTANCES  CREATING  EXTREME  HARDSHIPS
 WITHIN  THE  HOUSEHOLD.  THE  UTILITY  COMPANY MAY REQUIRE THE PERSON TO
 CONFIRM FINANCIAL DIFFICULTY WITH AN ACKNOWLEDGMENT FROM  ANOTHER  STATE
 OR LOCAL AGENCY;
   (B)  REQUIRING  EACH UTILITY COMPANY TO MAKE AVAILABLE TO ITS RESIDEN-
 TIAL CUSTOMERS FOR UTILITY SERVICE PROVIDED AT  THE  CUSTOMER'S  PRIMARY
 RESIDENCE  A  PAYMENT PLAN WHICH AVERAGES ESTIMATED UTILITY COSTS OVER A
 TEN-MONTH OR TWELVE-MONTH PERIOD TO ELIMINATE, INSOFAR AS IT IS  PRACTI-
 CABLE, SEASONAL FLUCTUATIONS IN UTILITY BILLS;
   (C) REQUIRING EACH UTILITY COMPANY TO PERMIT EACH CUSTOMER A PERIOD OF
 NOT  LESS THAN TWENTY-ONE DAYS FROM THE DATE THE BILL WAS SENT TO PAY IN
 FULL, UNLESS THE CUSTOMER AND THE UTILITY AGREE ON A DIFFERENT DUE DATE.
 A UTILITY COMPANY SHALL NOT WITHDRAW FUNDS  FROM  A  CUSTOMER'S  ACCOUNT
 BEFORE  THE  DUE  DATE  IN CASES WHERE A CUSTOMER USES AN AUTOMATIC BILL
 PAYMENT PLAN UNLESS THE CUSTOMER AGREES TO A DIFFERENT PERIOD;
   (D) IN THE EVENT A RATE CHANGE  APPROVED  BY  THE  COMMISSION  BECOMES
 EFFECTIVE  WHILE A RESIDENTIAL CUSTOMER IS ENROLLED IN AND IN COMPLIANCE
 WITH A PAYMENT PLAN, THE EFFECT OF THE RATE  CHANGE  SHALL  BE  INCLUDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15624-01-2
 S. 8984                             2
 
 RATABLY OVER THE REMAINDER OF THE PAYMENT PLAN PERIOD. INCLUDED WITH THE
 FIRST  ADJUSTED  BILL,  THE  UTILITY COMPANY SHALL PROVIDE NOTICE TO THE
 CUSTOMER EXPLAINING THE REASON FOR THE CHANGE AND SHOWING A  CALCULATION
 OF HOW THE UTILITY COMPANY ARRIVED AT THE NEW MONTHLY PAYMENT; AND
   (E) WHILE ENROLLED IN A RESIDENTIAL PAYMENT PLAN A RESIDENTIAL CUSTOM-
 ER'S  UTILITY  SERVICE  MAY  NOT  BE  TERMINATED  UNLESS THE RESIDENTIAL
 CUSTOMER VIOLATES A RULE OF THE UTILITY COMPANY ON FILE WITH THE COMMIS-
 SION, DISCONNECTION IS NECESSARY FOR REASONS OF HEALTH, SAFETY, OR STATE
 OR NATIONAL EMERGENCIES, OR TERMINATION IS ORDERED  BY  THE  COMMISSION.
 PAYMENT  PLANS  SHALL  BE  OFFERED  TO  ALLOW A CUSTOMER TO PAY PAST-DUE
 AMOUNTS OVER A PERIOD OF TIME, UNLESS THE AMOUNTS OWING RELATE TO  THEFT
 OF  SERVICE,  TAMPERING,  AN  UNAUTHORIZED USE OF SERVICE, OR FAILURE TO
 ABIDE BY THE TERMS OF A TIME-PAYMENT PLAN. THE CUSTOMER SHALL  MAKE  THE
 INITIAL  PAYMENT WITHIN ONE BUSINESS DAY OF AGREEING TO THE TIME-PAYMENT
 PLAN.
   2. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
 PAYMENT PLAN UNDER THIS SECTION IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES
 DOCUMENTATION OF ELIGIBILITY TO THE  UTILITY  COMPANY  FOR  ANY  OF  THE
 FOLLOWING PROGRAMS:
   (A) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (FAMILY ASSISTANCE);
   (B) SAFETY NET ASSISTANCE (PUBLIC ASSISTANCE);
   (C) SUPPLEMENTAL SECURITY INCOME (SSI);
   (D) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP);
   (E) LOW INCOME HOME ENERGY ASSISTANCE PROGRAM;
   (F) VETERAN'S DISABILITY PENSION;
   (G) VETERAN'S SURVIVING SPOUSE PENSION;
   (H) CHILD HEALTH PLUS;
   (I) LIFELINE;
   (J) HOME ENERGY ASSISTANCE PROGRAM (HEAP);
   (K) DIRECT VENDOR OR UTILITY GUARANTEE;
   (L) TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF);
   (M) SOCIAL SECURITY DISABILITY INSURANCE (SSDI);
   (N) EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP); AND
   (O)  ANY  OTHER  INCOME-BASED  ASSISTANCE  PROGRAM  IDENTIFIED  BY THE
 COMMISSION.
   § 2. This act shall take effect immediately.