S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10221
 
                           I N  A S S E M B L Y
 
                               May 14, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Woerner,
   Weinstein) -- (at request of the Department of Public Service) -- read
   once and referred to the Committee on Ways and Means
 
 AN ACT to amend the abandoned property law,  in  relation  to  unclaimed
   deposits and refunds for utility services furnished by energy services
   companies

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 103 of the abandoned property  law  is  amended  by
 adding a new subdivision (j) to read as follows:
   (J)  "ENERGY SERVICES COMPANY" OR "ESCO" SHALL MEAN AN ENTITY ELIGIBLE
 TO SELL ENERGY SERVICES TO END-USE CUSTOMERS USING THE  TRANSMISSION  OR
 DISTRIBUTION SYSTEM OF A UTILITY.
   §  2. Subdivision (f) of section 103 of the abandoned property law, as
 amended by chapter 498 of the laws of 1944 and relettered by chapter 908
 of the laws of 1974, is amended to read as follows:
   (f) "Utility services" means gas, electricity or steam supplied  by  a
 gas,  electric,  gas  and  electric  or district steam corporation OR AN
 ENERGY SERVICES COMPANY, telephone, telegraph or other service furnished
 by a telephone, telegraph or telegraph and telephone corporation,  water
 supplied  by a waterworks corporation, or appliances, equipment, instal-
 lations, fixtures or appurtenances rented by  any  such  corporation  OR
 COMPANY.
   §  3.  The  opening  paragraph  of subdivision 1 of section 400 of the
 abandoned property law, as amended by chapter 498 of the laws  of  1944,
 is amended to read as follows:
   The  following unclaimed moneys held or owing by a gas corporation, an
 electric corporation, a gas and electric corporation, a  district  steam
 corporation,  AN  ENERGY  SERVICES  COMPANY,  a telegraph corporation, a
 telephone corporation, a  telegraph  and  telephone  corporation,  or  a
 waterworks corporation, shall be deemed abandoned property:
   §  4.  Paragraphs  (a)  and (b) of subdivision 1 of section 400 of the
 abandoned property law, as amended by chapter 78 of the  laws  of  1976,
 are amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14458-01-4
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   (a)  Any  deposit  made by a consumer or subscriber with such a corpo-
 ration OR COMPANY to secure the payment for utility  services  furnished
 by  such  corporation  OR  COMPANY,  or the amount of such deposit after
 deducting any sums due to such corporation OR COMPANY by  such  consumer
 or  subscriber, together with any interest due thereon, which shall have
 remained unclaimed by the person or persons  appearing  to  be  entitled
 thereto  for  two years after the termination of the utility services to
 secure the payment of which such deposit was made, or,  if  during  such
 two  year  period  utility services are furnished by such corporation OR
 COMPANY to such consumer or subscriber and such deposit is held by  such
 corporation  OR  COMPANY to secure payment therefor, for two years after
 the termination of such utility services.
   (b) Any amount paid by a consumer or subscriber to such a  corporation
 OR  COMPANY  in advance or in anticipation of utility services furnished
 or to be furnished by such corporation OR COMPANY which in fact  is  not
 furnished,  after  deducting any sums due to such corporation OR COMPANY
 by such consumer or subscriber for utility services in  fact  furnished,
 which  shall  have remained unclaimed by the person or persons appearing
 to be entitled thereto for two years after the termination of the utili-
 ty services for which such amount was  paid  in  advance  or  in  antic-
 ipation,  or,  if  during  such period utility services are furnished by
 such corporation OR COMPANY to such  consumer  or  subscriber  and  such
 amount  is  applied to the payment in advance or in anticipation of such
 utility services, for two years after the termination  of  such  utility
 services.
   §  5.  Paragraph  (c) of subdivision 1 of section 400 of the abandoned
 property law, as amended by chapter 833 of the laws of 1963, is  amended
 to read as follows:
   (c)  The  amount of any refund of excess or increased rates or charges
 heretofore or hereafter collected by any such corporation OR COMPANY for
 utility services lawfully furnished by such corporation OR COMPANY which
 has been or shall hereafter lawfully be ordered refunded to  a  consumer
 or  other person or persons entitled thereto, together with any interest
 due thereon, less any  lawful  deductions,  which  shall  have  remained
 unclaimed  by  the person or persons entitled thereto for two years from
 the date it became payable in accordance with the final determination or
 order providing for such refund.
   § 6. Subdivision 2 of section 400 of the  abandoned  property  law  is
 amended to read as follows:
   2.  Any such abandoned property held or owing by such a corporation OR
 COMPANY to which the right to receive the same  is  established  to  the
 satisfaction  of  such  corporation  OR COMPANY shall cease to be deemed
 abandoned.
   § 7. Subdivision 1 of section 402 of the abandoned  property  law,  as
 amended  by  section  11 of part A of chapter 61 of the laws of 2011, is
 amended to read as follows:
   1. Every such corporation OR COMPANY shall cause to be  published,  on
 or  before  the  first day of September in each year, a notice entitled:
 "NOTICE OF CERTAIN UNCLAIMED PROPERTY HELD BY (name  of  corporation  OR
 COMPANY)."
   §  8.  Paragraph  (a) of subdivision 3 of section 402 of the abandoned
 property law is amended to read as follows:
   (a) that a report of unclaimed amounts of money or other property held
 or owing by it has been made to the state comptroller and that a list of
 the names of the person or persons appearing from the  records  of  such
 corporation  OR  COMPANY  to  be entitled thereto is on file and open to
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 public inspection at its principal office or place of  business  in  any
 city, village or county where any such abandoned property is payable;
   §  9.  Subdivision  4  of section 402 of the abandoned property law is
 amended to read as follows:
   4. Such corporation OR COMPANY shall file with the  state  comptroller
 on  or before the tenth day of September in each year proof by affidavit
 of such publication.
   § 10. Subdivisions 1 and 2 of section 403 of  the  abandoned  property
 law,  as  amended  by  section 12 of part A of chapter 61 of the laws of
 2011, are amended to read as follows:
   1. In such succeeding month of October, and on or before the tenth day
 thereof, every such corporation OR COMPANY shall pay to the state  comp-
 troller  all property which, as of the first day of July next preceding,
 was deemed abandoned pursuant to section four hundred of  this  article,
 held or owing by such corporation OR COMPANY.
   2.  Such  payment  shall  be accompanied by a true and accurate report
 setting forth such information as  the  state  comptroller  may  require
 relating to such abandoned property including:
   (a)  as  to  abandoned property specified in paragraphs (a) and (b) of
 subdivision one of section four hundred of this article:
   (i) the name and last known address of each  depositor  or  subscriber
 appearing from the records of such corporation OR COMPANY to be entitled
 to receive any such abandoned property;
   (ii) the date when the deposit was made or amount paid;
   (iii) the amount of such deposit or payment;
   (iv)  the  date  when  utility  services furnished to such consumer or
 subscriber ceased;
   (v) any sums due and unpaid to the  corporation  OR  COMPANY  by  such
 consumer  or  subscriber,  with interest thereon from the date of termi-
 nation of service;
   (vi) the amount of interest due upon such deposit or  payment  on  any
 balance  thereof  that has remained with such corporation OR COMPANY and
 not been credited to such consumer's or subscriber's account;
   (vii) the amount of such abandoned property; and
   (viii) such other identifying information as the state comptroller may
 require.
   (b) as to abandoned property specified in paragraph (c) of subdivision
 one of section four hundred of this article:
   (i) the name and last known address of each person appearing from  the
 records  of  such  corporation  OR COMPANY to be entitled to receive the
 same;
   (ii) the amount appearing from  such  records  to  be  due  each  such
 person;
   (iii) the date payment became due; and
   (iv)  such  other identifying information as the state comptroller may
 require.
   § 11. This act shall take effect immediately.