S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5451
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 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  directing the department of public service to prepare a written
   report on the effect of the COVID-19 state  of  emergency  on  certain
   utilities  (Part  A);  and  directing  the department of environmental
   conservation to prepare a written report on the effect of the COVID-19
   state of emergency on wastewater utilities (Part B)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to  the  effects  of the COVID-19 state disaster emergency on utilities'
 services. Each component is wholly contained within a Part identified as
 Parts A through B. The effective  date  for  each  particular  provision
 contained  within  such  Part  is  set forth in the last section of such
 Part.  Any provision in any section contained within a  Part,  including
 the  effective  date of the Part, which makes reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  four  of this act sets forth the general
 effective date of this act.
   § 2. Legislative findings and declaration. In response to the COVID-19
 pandemic, chapter 108 of the laws of 2020 was adopted to ensure that New
 Yorkers would not be deprived of a minimum standard of decency. The  law
 prohibited  termination  of utility services at a pivotal moment when it
 became evident that sanitary conditions  were  required  to  combat  the
 COVID-19 virus. The legislature finds and declares that it is unknown to
 the  state  the number of New Yorkers whom had their services terminated
 or disconnected during the pandemic. The  legislature  finds  that  many
 utility  customers rely on continuous service for heat, water, and elec-
 tricity to power necessary equipment, such as  life-saving  health  care
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03808-03-1

 S. 5451                             2
 
 devices.  Now, as vaccine approvals and distributions signal a potential
 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  and utility 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 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 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, and a
 steam corporation as defined in subdivision  22  of  section  2  of  the
 public service law.
   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 30 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  and  thereafter  shall be submitted quarterly by and for each
 utility until such a covered entity ceases to  provide  service  in  New
 York state.  Without unreasonably exposing consumer personally identifi-
 able  information  in a manner that violates public service law, depart-
 ment 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;

 S. 5451                             3
 
   (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 30, 60, 90,  120,  150,  and
 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
 however that if the provision of such data beyond the current  electric,
 gas  and  steam  utility  standard  of  60 day arrears would raise rates
 unreasonably for residential or commercial  ratepayers,  the  department
 shall  work  with  the utilities to take advantage of pending or ongoing
 upgrades or replacement of utility  information  technology  systems  to
 lower  such bill impacts to two percent or less per year over the period
 necessary to attain reports of the granularity set forth in this act;
   (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;
   (11)  the  number of customers receiving assistance under each assist-
 ance program at the end of each month, and how that number  compares  to
 the previous year at the same time;
   (12)  the number of customers charged late fees, penalties, and inter-
 est, the total dollar amount  of  late  fees,  penalties,  and  interest
 charged  and  average  amount  of late fees, penalties, and interest per
 customer subject to such charges, and how those numbers compare  to  the
 previous year at the same time;
   (13)  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;

 S. 5451                             4
 
   (14)  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 within the service area of a utility;
   (15)  the  methods and contents of general communications by utilities
 to customer accounts concerning their rights  and  available  assistance
 programs, excluding any customer-specific communications; and
   (16)  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.
   b.  Each  utility  shall, within 21 days of the effective date of this
 act, monthly thereafter until 180 days after the  end  of  the  COVID-19
 state of emergency, and quarterly thereafter until such a covered entity
 ceases  to  provide service in New York state, file with the department,
 in a form and manner  determined  by  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,
 simultaneously with submission of the data to the department.
   3. 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 or other governmental subdivision.
   e. "Utility" shall mean  a  municipality  or  other  entity  providing
 wastewater services to customers in the state.
   2. a. Within 30 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 wastewater 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  and  thereafter
 shall  be  submitted  quarterly  by  and  for  each utility until such a
 covered entity ceases to provide service in New  York  state.    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,

 S. 5451                             5
 
 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 30, 60, 90, 120, 150, and
 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
 however  that  if the provision of such data would raise rates unreason-
 ably for residential or commercial customers, the department shall  work
 with  the  utilities to take advantage of pending or ongoing upgrades or
 replacement of utility information technology systems to lower such bill
 impacts to two percent or less per year over  the  period  necessary  to
 attain reports of the granularity set forth in this act;
   (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, and how that number  compares  to
 the previous year at the same time;
   (12)  the number of customers charged late fees, penalties, and inter-
 est, the total dollar amount  of  late  fees,  penalties,  and  interest
 charged  and  average  amount  of late fees, penalties, and interest per
 customer subject to such charges, and how those numbers compare  to  the
 previous year at the same time;

 S. 5451                             6
 
   (13)  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;
   (14)  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 within the service area of a utility;
   (15) the methods and contents of general communications  by  utilities
 to  customer  accounts  concerning their rights and available assistance
 programs, excluding any customer-specific communications; and
   (16) 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.
   b. Each utility shall, within 21 days of the effective  date  of  this
 act,  monthly  thereafter  until  180 days after the end of the COVID-19
 state of emergency, and quarterly thereafter until such a covered entity
 ceases to provide service in New York state, file with  the  department,
 in  a  form  and  manner  determined  by 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,
 simultaneously with submission of the data to the department.
   3.  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5451--A
     Cal. No. 852
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  reported  favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN  ACT  directing the department of public service to prepare a written
   report on the effect of the COVID-19 state  of  emergency  on  certain
   utilities  (Part  A);  and  directing  the department of environmental
   conservation to prepare a written report on the effect of the COVID-19
   state of emergency on wastewater utilities (Part B)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law components of legislation relating
 to  the  effects  of the COVID-19 state disaster emergency on utilities'
 services. Each component is wholly contained within a Part identified as
 Parts A through B. The effective  date  for  each  particular  provision
 contained  within  such  Part  is  set forth in the last section of such
 Part.  Any provision in any section contained within a  Part,  including
 the  effective  date of the Part, which makes reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  four  of this act sets forth the general
 effective date of this act.
   § 2. Legislative findings and declaration. In response to the COVID-19
 pandemic, chapters 108 and 126 of the  laws  of  2020  were  adopted  to
 ensure that New Yorkers would not be deprived of gas, electric, water or
 telephone  service,  helping households follow the vital state policy of
 "sheltering in place."  The moratorium prohibited termination of utility
 services at a pivotal moment when it became evident that sanitary condi-
 tions were required to combat the COVID-19 virus and  keep  New  Yorkers
 safe  and  healthy, especially seniors and the medically vulnerable. The
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5451--B
     Cal. No. 120
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sens. PARKER, SKOUFIS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications  --  reported favorably from said committee, ordered to
   first and second report, ordered  to  a  third  reading,  amended  and
   ordered  reprinted,  retaining its place in the order of third reading
   -- recommitted to the Committee on Energy  and  Telecommunications  in
   accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT directing the department of public service to prepare  a  written
   report  on the affordability of utility services (Part A); and direct-
   ing the department of public service to prepare a  written  report  on
   the  effect of the COVID-19 state of emergency on wastewater utilities
   (Part B)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act enacts into law components of legislation relating
 to  the  effects  of the COVID-19 state disaster emergency on utilities'
 services and the affordability of such  services.    Each  component  is
 wholly  contained  within  a  Part  identified as Parts A through B. The
 effective date for each particular provision contained within such  Part
 is  set  forth  in  the last section of such Part.  Any provision in any
 section contained within a Part, including the  effective  date  of  the
 Part,  which  makes  reference  to a section "of this act", when used in
 connection with that particular component, shall be deemed to  mean  and
 refer  to  the  corresponding  section of the Part in which it is found.
 Section four of this act sets forth the general effective date  of  this
 act.
   § 2. Legislative findings and declaration. In response to the COVID-19
 pandemic,  chapters  108  and  126  of  the laws of 2020 were adopted to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03808-11-2
 S. 5451--B                          2
 
 ensure that New Yorkers would not be deprived of gas, electric, water or
 telephone service, helping households follow the vital state  policy  of
 "sheltering in place."  The moratorium prohibited termination of utility
 services at a pivotal moment when it became evident that sanitary condi-
 tions  were  required  to combat the COVID-19 virus and keep New Yorkers
 safe and healthy, especially seniors and the medically  vulnerable.  The
 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.  The legislature finds that the state requires comprehensive
 data  concerning New Yorkers' ability to afford utility service, includ-
 ing the number of New Yorkers who had their services terminated  or  who
 are  currently  at risk of termination during the pandemic. The legisla-
 ture finds that this data is critical to ascertain the effectiveness  of
 the  moratorium  and other COVID-19 consumer protections, as well as the
 disruptive effects that the  pandemic  has  had  on  utility  customers'
 finances,  and  utility  finances  and  services, and the public health,
 safety and welfare of millions of medically and  financially  vulnerable
 citizens.  The  legislature also finds that the permanent collection and
 reporting of utility data is imperative to gain regular updates  on  and
 evaluate  trends  concerning  the  scale  and extent of terminations and
 utility debt across the state, 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 New York state
 or 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
 S. 5451--B                          3
 
 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. Every utility shall be subject to the jurisdiction of the public
 service  commission for the purposes of enforcing the provisions of this
 act pursuant to sections 24, 25 and 26 of the public  service  law.  The
 commission  shall  adjudicate  complaints and conduct investigations for
 violation of this act in the manner provided by the provisions of  arti-
 cle 2 of the public service law.
   b. Within 60 days after the effective date of this act, the department
 shall  prepare  and submit to the governor and the legislature a written
 report that shall  make  findings  and  recommendations  concerning  the
 affordability  of electric, gas, water, and telephone service to commer-
 cial 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  and  quarterly  thereafter.    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 follow-
 ing,  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, if applicable;
   (4) the number of customers in arrears by 1-90 days, 90-180 days,  and
 greater  than 180 days at the end of each month, the total dollar amount
 owed, and how those numbers compare to the previous  year  at  the  same
 time.    Provided,  however, that a utility or municipality may petition
 the department, in a form and manner to be determined by the department,
 to allow such utility or municipality to provide such data in an  alter-
 native  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;
 S. 5451--B                          4

   (7) the number of customers enrolled in deferred payment agreements at
 the end of each month, the total dollar amount of arrears, 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, the average length of the repayment term under  such  agree-
 ments,  and  how  those numbers compare to the previous year at the same
 time;
   (9) available customer assistance programs, including terms of  eligi-
 bility,  and  any enhancements   to  the programs that have been made or
 are planned to address actual or anticipated 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 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 of a bill;
   (13) the total dollar amount of late fees, penalties, interest, recon-
 nection fees and any other  charge  associated  with  late  payment  per
 customer,  the  average  and  median  dollar  amount  billed to customer
 accounts and the average and median utility usage per customer account;
   (14) the methods and contents of general communications  by  utilities
 to  customer  accounts  concerning their rights and available assistance
 programs, excluding any customer-specific communications;
   (15) 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;
   (16) 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
   (17) 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.
   c. Following the department's submission of any reports compiling  and
 analyzing  the  data,  the  reports  shall  be  posted on the department
 website and be subject to 30 days of  public  comment  on  affordability
 from  the  date  of  issuance.  The  department shall provide meaningful
 opportunities for   public comment   from   all   persons  who  will  be
 impacted  by  findings  and  submissions  of  the  department, including
 persons living in disadvantaged communities  and  in  rural  communities
 across  the  state  in entirety. Within 90 days of the submission of any
 reports, the department shall conduct at least one public    hearing  in
 each    of   the   following regions of the state: western New York, the
 finger lakes, the southern tier, central New York,  the  Mohawk  valley,
 S. 5451--B                          5
 
 the north country, the capital region/Hudson valley, and the city of New
 York/Long  Island,  as  defined  by  the empire state development corpo-
 ration, and provide meaningful opportunity for comment. The public hear-
 ings may be held virtually.
   d.  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  b  of  this subdivision.   Following the lifting or expiry of the
 COVID-19 state of emergency, each utility shall quarterly thereafter, or
 until such covered entity ceases to provide service in New  York  state,
 file  with the department the information required pursuant to paragraph
 b of this subdivision. Each utility shall publish  on  its  website  the
 data   it  reports  pursuant  to  this  paragraph,  simultaneously  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.
 
                                  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 public service.
   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 60 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 wastewater 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  and  thereafter
 shall  be  submitted  quarterly  by  and  for each utility until such  a
 covered  entity  ceases  to provide service in New York  state.  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, governmental
 division, zip code, county, and United States Census American  Community
 Survey Public Use Micro-data Area:
 S. 5451--B                          6
 
   (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,  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, if applicable;
   (4)  the number of customers in arrears by 1-90 days, 90-180 days, and
 greater than 180 days at the end of each month, the total dollar  amount
 owed  and  how  those  numbers  compare to the previous year at the same
 time.  Provided, however, that a utility or  municipality  may  petition
 the department, in a form and manner to be determined by the department,
 to  allow such utility or municipality to provide such data in an alter-
 native 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  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 average length of the  repayment  term  under
 such  agreements,  the  total  dollar  amount  of  arrears 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  how  those numbers compare to the previous year at the
 same time;
   (9) available utility customer assistance programs, including terms of
 eligibility, and any enhancements to the programs that have been made or
 are planned to address actual or anticipated 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 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,  the  average  and  median  dollar  amount  billed to customer
 accounts and the average and median utility usage per customer account;
   (14) the methods and contents of general communications  by  utilities
 to  customer  accounts  concerning their rights and available assistance
 programs, excluding any customer-specific communications;
 S. 5451--B                          7
 
   (15) 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;
   (16)  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
   (17)  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, and quarterly thereafter until such a covered entity
 ceases to provide service in New York state, file with  the  department,
 in  a  form  and manner determined  by 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  para-
 graph, simultaneously 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.