[ ] is old law to be omitted.
LBD03808-06-1
S. 5451--A 2
legislature finds and declares that it is unknown to the state the
number of New Yorkers who had their services terminated or disconnected
during the pandemic. The legislature finds that many utility customers
rely on continuous service for heat, water, and electricity to power
necessary equipment, such as life-saving health care devices and other
New Yorkers require cooling during extreme heat conditions and heat
during extreme cold conditions, particularly when congregate care cool-
ing and heating facilities are not safe for use by medically vulnerable
households. Now, as vaccine approvals and distributions signal a poten-
tial end to the pandemic, the legislature finds and declares that it is
imperative to ascertain the disruptive effects the pandemic had on util-
ity customers' finances, and utility finances and services, so that
evidence-based policy can be properly crafted thereafter.
PART A
Section 1. 1. As used in this act:
a. "Assistance program" shall mean any program offered to eligible
low-income customers to assist with the costs of electricity, gas,
water, and telephone including but not limited to the low-income home
energy assistance program, any low-income affordability plans as
provided by public service commission case number 14-M-0565, and/or any
other financial assistance program provided through or by individual
utilities, counties or municipalities.
b. "COVID-19 state of emergency" shall mean the state disaster emer-
gency declared pursuant to executive order 202 of 2020.
c. "Department" shall mean the department of public service.
d. "Municipality" shall have the same meaning as subdivision 16 of
section 2 of the public service law and shall include potable water
districts and potable water systems owned and/or operated by a city,
town, village, authority or other governmental subdivision.
e. "Telephone corporation" shall have the same meaning as subdivision
17 of section 2 of the public service law.
f. "Utility" shall mean a municipality, telephone corporation, utility
corporation, steam corporation, water-works corporation, an electric
corporation as defined in subdivision 13 of section 2 of the public
service law, a gas corporation as defined in subdivision 11 of section 2
of the public service law, a combination gas and electric corporation as
defined in subdivision 14 of section 2 of the public service law, a
steam corporation as defined in subdivision 22 of section 2 of the
public service law and any other community water system as defined in 10
NYCRR § 5-1.1.
g. "Utility corporation" shall have the same meaning as subdivisions
23 and 24 of section 2 of the public service law.
h. "Water-works corporation" shall have the same meaning as subdivi-
sion 27 of section 2 of the public service law.
2. a. Within 45 days after the effective date of this act, the depart-
ment shall prepare and submit to the governor and the legislature a
written report that shall make findings and recommendations concerning
the effect the COVID-19 state of emergency has had on the provision by
utilities of electric, gas, water, and telephone service to commercial
and residential customers in this state. An updated report shall be
submitted monthly until 180 days after the end of the COVID-19 state of
emergency. Following the lifting or expiry of the COVID-19 state of
emergency, each utility shall quarterly for a period of three years, or
until such covered entity ceases to provide service in New York state,
S. 5451--A 3
file with the department the information required pursuant to this
subdivision. Without unreasonably exposing consumer personally iden-
tifiable information in a manner that violates public service law,
department and public service commission practice or federal law, the
reports shall include but not be limited to the following, with all
information to be broken down by utility, type of service provided,
month, customer class, governmental subdivision, zip code, county, and
United States Census American Community Survey Public Use Micro-data
Area:
(1) the number of customers and how that number compares to the previ-
ous year's number of customers at the same time;
(2) the number of disconnection notices sent due to non-payment,
disconnections due to non-payment, reconnections of customers that were
disconnected for non-payment, average time between service disconnection
due to non-payment and service reconnection, and how those numbers
compare to the previous year at the same time;
(3) the number of liens on real property placed, sold, or enforced due
to non-payment, and how those numbers compare to the previous year at
the same time;
(4) the number of customers in arrears by, 1-30 days, 31-59 days,
60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180
days at the end of each month, the total dollar amount owed and average
amount owed per customer in each of those categories, and how those
numbers compare to the previous year at the same time. Provided, howev-
er, that a utility or municipality may petition the department, in a
form and manner to be determined by the department, to allow such utili-
ty or municipality to provide such data in an alternative format if the
specificity set forth in this act cannot be obtained from an existing
utility information technology system and such data would result in the
increase of customer utility bills;
(5) the number of customers that became eligible for disconnection due
to bill non-payment but were not disconnected because of any legally
mandated or voluntary suspension of disconnections due to the COVID-19
state of emergency, or for any other statutory, regulatory or voluntary
reason irrespective of the COVID-19 emergency, or such other states of
emergency as may follow the end of the COVID-19 emergency;
(6) the number of customers that declared a change in financial
circumstances due to the COVID-19 state of emergency pursuant to
sections 32, 89-b, 89-l and 91 of the public service law;
(7) the number of customers enrolled in deferred payment agreements at
the end of each month, the total dollar amount of arrears and average
amount of arrears per customer subject to such agreements, the average
length of the repayment term under such agreements, and how those
numbers compare to the previous year at the same time;
(8) the number of customers that entered into, successfully completed,
or defaulted from a deferred payment agreement, the total dollar amount
of arrears and average amount of arrears per customer subject to such
agreements, and how those numbers compare to the previous year at the
same time;
(9) available customer assistance programs, including terms of eligi-
bility, available budget for each program, and any enhancements to the
programs that have been made or are planned to address actual or antic-
ipated increased demand;
(10) the number of customers that applied for financial assistance
under each applicable assistance program, and how those numbers compare
to the previous year at the same time;
S. 5451--A 4
(11) the number of customers receiving assistance under each assist-
ance program at the end of each month, the total dollar amount of
assistance provided for arrears and the average amount per customer, the
total dollar amount of assistance provided for current or future bills
and the average amount per customer, and how those numbers compare to
the previous year at the same time;
(12) the number of customers charged late fees, penalties, recon-
nection fees, interest, and any other charge associated with late
payment;
(13) the total dollar amount of late fees, penalties, interest, recon-
nection fees and any other charge associated with late payment per
customer, and the average amount of late fees, penalties, interest,
reconnection fees and any other charge associated with late payment and
how those numbers compare to the previous year at the same time;
(14) the average and median dollar amount billed to customer accounts
and the average and median utility usage per customer account, and how
those numbers compare to the previous year at the same time;
(15) the total dollar amounts billed to and collected from customer
accounts and how those amounts compare to the previous year at the same
time, except that such data need not be broken down by municipality and
zip code, and United States Census American Community Survey Public Use
Micro-data Area within the service area of a utility;
(16) the methods and contents of general communications by utilities
to customer accounts concerning their rights and available assistance
programs, excluding any customer-specific communications;
(17) the department's assessment of whether existing customer assist-
ance programs are presently and will in the future be sufficient to meet
the financial needs of customer accounts in arrears who are unable to
pay those arrears in full, as well as the needs of customer accounts who
may be unable to pay bills for current service;
(18) each utility's revenue, including sales revenue and operating or
net revenue information, and how those numbers compare to the previous
year at the same time; and
(19) each utility's schedule of rates and charges, provided that
"rates" means the fixed component, if any, and the volumetric or other
variable component, if any, of the cost of service that are applied to a
category of customers and "charges" means amounts that are billed to a
customer under specific circumstances that are not included in the
provider's base rate including, but not limited to, late fees,
connection fees, impact fees for new development, deposits for opening
new accounts and any other fees, surcharges or penalties.
b. Each utility shall, within 30 days of the effective date of this
act, and monthly thereafter until 180 days after the end of the COVID-19
state of emergency, file with the department, in a form and manner
determined by the department, the information required pursuant to para-
graph a of this subdivision. Following the lifting or expiry of the
COVID-19 state of emergency, each utility shall quarterly for a period
of three years, or until such covered entity ceases to provide service
in New York state, file with the department the information required
pursuant to paragraph a of this subdivision. Each utility shall publish
on its website the data it reports pursuant to this paragraph, simul-
taneously with submission of the data to the department.
3. If the data required by this act cannot reasonably be obtained from
an existing utility information technology system without an increase in
customer utility bills, a utility or municipality may petition the
S. 5451--A 5
department, in a form and manner to be determined by the department, to
provide the required data in an alternative format.
4. The department shall publish on its website the reports required
pursuant to subdivision two of this section, simultaneously with the
submission of each report. The reports shall include presentations of
the information required pursuant to subdivision two of this section in
a spreadsheet format.
§ 2. This act shall take effect immediately.
PART B
Section 1. 1. As used in this act:
a. "Assistance program" shall mean any program offered to eligible
low-income customers to assist with the costs of wastewater services.
b. "COVID-19 state of emergency" shall mean the state disaster emer-
gency declared pursuant to executive order 202 of 2020.
c. "Department" shall mean the department of environmental conserva-
tion.
d. "Municipality" shall mean a county, city, town or village and shall
include wastewater districts and systems owned and/or operated by a
city, town, village, authority or other governmental subdivision.
e. "Utility" shall mean a municipality or other entity providing
wastewater services to customers in the state.
2. a. Within 45 days after the effective date of this act, the depart-
ment shall prepare and submit to the governor and the legislature a
written report that shall make findings and recommendations concerning
the effect the COVID-19 state of emergency Following the lifting or
expiry of the COVID-19 state of emergency, each utility shall quarterly
for a period of three years, or until such covered entity ceases to
provide service in New York state, file with the department the informa-
tion required pursuant to this subdivision. Without unreasonably
exposing consumer personally identifiable information in a manner that
violates public service law, department and public service commission
practice or federal law, the reports shall include but not be limited to
the following, with all information to be broken down by utility, type
of service provided, month, customer class, municipality, zip code,
county, and United States Census American Community Survey Public Use
Micro-data Area:
(1) the number of customers and how that number compares to the previ-
ous year's number of customers at the same time;
(2) the number of disconnection notices sent due to non-payment,
disconnections due to non-payment, reconnections of customers that were
disconnected for non-payment, average time between service disconnection
due to non-payment and service reconnection, and how those numbers
compare to the previous year at the same time;
(3) the number of liens on real property placed, sold, or enforced due
to non-payment, and how those numbers compare to the previous year at
the same time;
(4) the number of customers in arrears by 1-30 days, 31-59 days, 60-89
days, 90-119 days, 120-149 days, 150-179 days and greater than 180 days
at the end of each month, the total dollar amount owed and average
amount owed per customer in each of those categories, and how those
numbers compare to the previous year at the same time. Provided, howev-
er, that a utility or municipality may petition the department, in a
form and manner to be determined by the department, to allow such utili-
ty or municipality to provide such data in an alternative format if the
S. 5451--A 6
specificity set forth in this act cannot be obtained from an existing
utility information technology system and such data would result in the
increase of customer utility bills;
(5) the number of customers that became eligible for disconnection due
to bill nonpayment but were not disconnected because of any legally
mandated or voluntary suspension of disconnections due to the COVID-19
state of emergency, or for any other statutory, regulatory or voluntary
reason irrespective of the COVID-19 emergency, or such other states of
emergency as may follow the end of the COVID-19 emergency;
(6) the number of customers that declared a change in financial
circumstances due to the COVID-19 state of emergency;
(7) the number of customers enrolled in deferred payment agreements at
the end of each month, the total dollar amount of arrears and average
amount of arrears per customer subject to such agreements, the average
length of the repayment term under such agreements, and how those
numbers compare to the previous year at the same time;
(8) the number of customers that entered into, successfully completed,
or defaulted from a deferred payment agreement, the total dollar amount
of arrears and average amount of arrears per customer subject to such
agreements, and how those numbers compare to the previous year at the
same time;
(9) available customer assistance programs, including terms of eligi-
bility, available budget for each program, and any enhancements to the
programs that have been made or are planned to address actual or antic-
ipated increased demand;
(10) the number of customers that applied for financial assistance
under each applicable assistance program, and how those numbers compare
to the previous year at the same time;
(11) the number of customers receiving assistance under each assist-
ance program at the end of each month, the total dollar amount of
assistance provided for arrears, the total dollar amount of assistance
provided for current or future bills and the average amount per custom-
er, and how that number compares to the previous year at the same time;
(12) the number of customers charged late fees, penalties, recon-
nection fees, interest, and any other charge associated with late
payment;
(13) the total dollar amount of late fees, penalties, reconnection
fees, interest and any other charge associated with late payment per
customer, and the average amount of late fees, penalties, reconnection
fees, interest, and any other charge associated with late payment and
how those numbers compare to the previous year at the same time;
(14) the average and median dollar amount billed to customer accounts
and the average and median utility usage per customer account, and how
those numbers compare to the previous year at the same time;
(15) the total dollar amounts billed to and collected from customer
accounts and how those amounts compare to the previous year at the same
time, except that such data need not be broken down by municipality and
zip code, and United States Census American Community Survey Public Use
Micro-data Area within the service area of a utility;
(16) the methods and contents of general communications by utilities
to customer accounts concerning their rights and available assistance
programs, excluding any customer-specific communications;
(17) the department's assessment of whether existing customer assist-
ance programs are presently and will in the future be sufficient to meet
the financial needs of customer accounts in arrears who are unable to
S. 5451--A 7
pay those arrears in full, as well as the needs of customer accounts who
may be unable to pay bills for current service;
(18) each utility's revenue, including sales revenue and operating or
net revenue information, and how those numbers compare to the previous
year at the same time; and
(19) each utility's schedule of rates and charges, provided that
"rates" means the fixed component, if any, and the volumetric or other
variable component, if any, of the cost of service that are applied to a
category of customers and "charges" mean amounts that are billed to a
customer under specific circumstances that are not included in the
provider's base rate including, but not limited to, late fees,
connection fees, impact fees for new development, deposits for opening
new accounts, and any other fees, surcharges, or penalties.
b. Each utility shall, within 30 days of the effective date of this
act, and monthly thereafter until 180 days after the end of the COVID-19
state of emergency, file with the department, in a form and manner
determined by the department, the information required pursuant to para-
graph a of this subdivision. Following the lifting or expiry of the
COVID-19 state of emergency, each utility shall quarterly for a period
of three years, or until such covered entity ceases to provide service
in New York state, file with the department the information required
pursuant to paragraph a of this subdivision. Each utility shall publish
on its website the data it reports pursuant to this paragraph, simul-
taneously with submission of the data to the department.
3. If the data required by this act cannot reasonably be obtained from
an existing utility information technology system without an increase in
customer utility bills, a utility or municipality may petition the
department, in a form and manner to be determined by the department, to
provide the required data in an alternative format.
4. The department shall publish on its website the reports required
pursuant to subdivision two of this section, simultaneously with the
submission of each report. The reports shall include presentations of
the information required pursuant to subdivision two of this section in
a spreadsheet format.
§ 2. This act shall take effect immediately.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part 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 part thereof directly involved in the controversy in which such judg-
ment 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.
§ 4. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through B of this act shall be
as specifically set forth in the last section of such Parts.
