S T A T E O F N E W Y O R K
________________________________________________________________________
6540
2023-2024 Regular Sessions
I N A S S E M B L Y
April 13, 2023
___________
Introduced by M. of A. LUCAS -- read once and referred to the Committee
on Energy
AN ACT to amend the public service law, in relation to establishing
discount programs for low-income senior citizens and individuals with
a disability
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
66-u to read as follows:
§ 66-U. UTILITY DISCOUNT PROGRAM. 1. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE COMMISSION IS AUTHORIZED AND DIRECTED TO REQUIRE A
GAS CORPORATION, ELECTRIC CORPORATION OR MUNICIPALITY TO ESTABLISH A
DISCOUNT PROGRAM FOR LOW-INCOME SENIOR CITIZENS AND INDIVIDUALS WITH A
DISABILITY NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION. SUCH PROGRAM SHALL OFFER A YEARLY BENEFIT TO LOW-INCOME SENIOR
CITIZENS AND INDIVIDUALS WITH A DISABILITY IN THE FORM OF A TEN PERCENT
DISCOUNT ON UTILITY BILLS. THE FISCAL IMPACT OF SUCH PROGRAM SHALL NOT
BE BORNE BY CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED BY A GAS
CORPORATION, ELECTRIC CORPORATION OR MUNICIPALITY TO CUSTOMERS.
(B) A GAS CORPORATION, ELECTRIC CORPORATION OR MUNICIPALITY WHICH
OFFERS SUCH DISCOUNT PROGRAM SHALL CONSPICUOUSLY ADVERTISE THE AVAIL-
ABILITY AND AMOUNT OF SUCH DISCOUNT ON THE WEBSITE OF SUCH GAS CORPO-
RATION, ELECTRIC CORPORATION OR MUNICIPALITY. THE AVAILABILITY AND
AMOUNT OF SUCH DISCOUNT SHALL ALSO BE CONSPICUOUSLY ADVERTISED ON THE
ACCESSIBILITY PAGE OF THE WEBSITE OF SUCH GAS CORPORATION, ELECTRIC
CORPORATION OR MUNICIPALITY.
2. FOR THE PURPOSES OF THIS SECTION:
(A) "INDIVIDUALS WITH A DISABILITY" SHALL MEAN A PRIMARY NAMED UTILITY
SERVICE, WATER SERVICE, OR TELEPHONE SERVICE ACCOUNTHOLDER (I) WITH A
DISABILITY, AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED
NINETY-TWO OF THE EXECUTIVE LAW; AND (II) WHO HAS HAD A TOTAL HOUSEHOLD
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04729-01-3
A. 6540 2
INCOME OF LESS THAN FIFTY THOUSAND DOLLARS FOR THE MOST RECENT TWO
CONSECUTIVE INCOME TAX YEARS BEGINNING IN TWO THOUSAND TWENTY, AS VERI-
FIED BY THE DEPARTMENT OF TAXATION AND FINANCE; AND (III) WHO IS
CURRENTLY RECEIVING (A) SOCIAL SECURITY DISABILITY INSURANCE (SSDI), (B)
SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL SOCIAL
SECURITY ACT, (C) DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS
PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, (D) DISA-
BILITY PENSION OR DISABILITY COMPENSATION BENEFITS PROVIDED BY THE
UNITED STATES POSTAL SERVICE, OR (E) THOSE PREVIOUSLY ELIGIBLE BY VIRTUE
OF RECEIVING DISABILITY BENEFITS UNDER THE SUPPLEMENTAL SECURITY INCOME
PROGRAM OR THE SOCIAL SECURITY DISABILITY PROGRAM AND CURRENTLY RECEIV-
ING MEDICAL ASSISTANCE BENEFITS BASED ON DETERMINATION OF DISABILITY AS
PROVIDED IN SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW;
AND
(B) "LOW-INCOME SENIOR CITIZEN" SHALL MEAN A PRIMARY NAMED UTILITY
SERVICE, WATER SERVICE, OR TELEPHONE SERVICE ACCOUNTHOLDER WHO (I) IS AT
LEAST SIXTY-FIVE YEARS OF AGE; AND (II) EITHER (A) HAS HAD A TOTAL
HOUSEHOLD INCOME OF LESS THAN FIFTY THOUSAND DOLLARS FOR TWO CONSECUTIVE
INCOME TAX YEARS BEGINNING IN TWO THOUSAND TWENTY, AS VERIFIED BY THE
DEPARTMENT OF TAXATION AND FINANCE; OR (B) IS ANNUALLY ELIGIBLE TO
RECEIVE ASSISTANCE UNDER THE EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP)
OR THE HOME ENERGY ASSISTANCE PROGRAM (HEAP) AND PROVIDES PROOF OF
ELIGIBILITY FROM THE AGENCY ADMINISTERING ERAP OR HEAP.
§ 2. The public service law is amended by adding a new section 89-q to
read as follows:
§ 89-Q. WATER DISCOUNT PROGRAM. 1. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE COMMISSION IS AUTHORIZED AND DIRECTED TO REQUIRE
WATERWORKS CORPORATIONS AND MUNICIPAL WATER SYSTEMS TO ESTABLISH A
DISCOUNT PROGRAM FOR LOW-INCOME SENIOR CITIZENS AND INDIVIDUALS WITH A
DISABILITY NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION. SUCH PROGRAM SHALL OFFER A YEARLY BENEFIT TO LOW-INCOME SENIOR
CITIZENS AND INDIVIDUALS WITH A DISABILITY IN THE FORM OF A TEN PERCENT
DISCOUNT ON WATER UTILITY BILLS. THE FISCAL IMPACT OF SUCH PROGRAM SHALL
NOT BE BORNE BY CUSTOMERS AND SHALL NOT BE ADDED TO BILLS RENDERED BY A
WATERWORKS CORPORATION OR MUNICIPAL WATER SYSTEM TO CUSTOMERS.
(B) A WATERWORKS CORPORATION OR MUNICIPAL WATER SYSTEM WHICH OFFERS
SUCH DISCOUNT PROGRAM SHALL CONSPICUOUSLY ADVERTISE THE AVAILABILITY AND
AMOUNT OF SUCH DISCOUNT ON THE WEBSITE OF SUCH WATERWORKS CORPORATIONS
OR MUNICIPAL WATER SYSTEM. THE AVAILABILITY AND AMOUNT OF SUCH DISCOUNT
SHALL ALSO BE CONSPICUOUSLY ADVERTISED ON THE ACCESSIBILITY PAGE OF THE
WEBSITE OF SUCH WATERWORKS CORPORATION OR MUNICIPAL WATER SYSTEM.
2. FOR THE PURPOSES OF THIS SECTION:
(A) "INDIVIDUALS WITH A DISABILITY" SHALL MEAN A PRIMARY NAMED UTILITY
SERVICE, WATER SERVICE, OR TELEPHONE SERVICE ACCOUNTHOLDER (I) WITH A
DISABILITY, AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED
NINETY-TWO OF THE EXECUTIVE LAW; AND (II) WHO HAS HAD A TOTAL HOUSEHOLD
INCOME OF LESS THAN FIFTY THOUSAND DOLLARS FOR THE MOST RECENT TWO
CONSECUTIVE INCOME TAX YEARS BEGINNING IN TWO THOUSAND TWENTY, AS VERI-
FIED BY THE DEPARTMENT OF TAXATION AND FINANCE; AND (III) WHO IS
CURRENTLY RECEIVING (A) SOCIAL SECURITY DISABILITY INSURANCE (SSDI), (B)
SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL SOCIAL
SECURITY ACT, (C) DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS
PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, (D) DISA-
BILITY PENSION OR DISABILITY COMPENSATION BENEFITS PROVIDED BY THE
UNITED STATES POSTAL SERVICE, OR (E) THOSE PREVIOUSLY ELIGIBLE BY VIRTUE
OF RECEIVING DISABILITY BENEFITS UNDER THE SUPPLEMENTAL SECURITY INCOME
A. 6540 3
PROGRAM OR THE SOCIAL SECURITY DISABILITY PROGRAM AND CURRENTLY RECEIV-
ING MEDICAL ASSISTANCE BENEFITS BASED ON DETERMINATION OF DISABILITY AS
PROVIDED IN SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW;
AND
(B) "LOW-INCOME SENIOR CITIZEN" SHALL MEAN A PRIMARY NAMED UTILITY
SERVICE, WATER SERVICE, OR TELEPHONE SERVICE ACCOUNTHOLDER WHO (I) IS AT
LEAST SIXTY-FIVE YEARS OF AGE; AND (II) EITHER (A) HAS HAD A TOTAL
HOUSEHOLD INCOME OF LESS THAN FIFTY THOUSAND DOLLARS FOR TWO CONSECUTIVE
INCOME TAX YEARS BEGINNING IN TWO THOUSAND TWENTY, AS VERIFIED BY THE
DEPARTMENT OF TAXATION AND FINANCE; OR (B) IS ANNUALLY ELIGIBLE TO
RECEIVE ASSISTANCE UNDER THE EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP)
OR THE HOME ENERGY ASSISTANCE PROGRAM (HEAP) AND PROVIDES PROOF OF
ELIGIBILITY FROM THE AGENCY ADMINISTERING ERAP OR HEAP.
§ 3. The public service law is amended by adding a new section 91-b to
read as follows:
§ 91-B. TELEPHONE DISCOUNT PROGRAM. 1. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE COMMISSION IS AUTHORIZED AND DIRECTED TO REQUIRE A
TELEPHONE CORPORATION TO ESTABLISH A DISCOUNT PROGRAM FOR LOW-INCOME
SENIOR CITIZENS AND INDIVIDUALS WITH A DISABILITY NO LATER THAN NINETY
DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. SUCH PROGRAM SHALL OFFER
A YEARLY BENEFIT TO LOW-INCOME SENIOR CITIZENS AND INDIVIDUALS WITH A
DISABILITY IN THE FORM OF A TEN PERCENT DISCOUNT ON TELEPHONE BILLS. THE
FISCAL IMPACT OF SUCH PROGRAM SHALL NOT BE BORNE BY CUSTOMERS AND SHALL
NOT BE ADDED TO BILLS RENDERED BY A TELEPHONE CORPORATION TO CUSTOMERS.
(B) A TELEPHONE CORPORATION WHICH OFFERS SUCH DISCOUNT PROGRAM SHALL
CONSPICUOUSLY ADVERTISE THE AVAILABILITY AND AMOUNT OF SUCH DISCOUNT ON
THE WEBSITE OF SUCH TELEPHONE CORPORATION. THE AVAILABILITY AND AMOUNT
OF SUCH DISCOUNT SHALL ALSO BE CONSPICUOUSLY ADVERTISED ON THE ACCESSI-
BILITY PAGE OF THE WEBSITE OF SUCH TELEPHONE CORPORATION.
(C) PARTICIPATION IN THE FEDERAL GOVERNMENT'S LIFELINE OR AFFORDABLE
CONNECTIVITY PROGRAM, OR ANY SUCCESSOR PROGRAM THE COMMISSION SHALL DEEM
SUFFICIENT, SHALL SATISFY THE TELEPHONE CORPORATION'S OBLIGATION TO
ESTABLISH A DISCOUNT PROGRAM UNDER PARAGRAPH (A) OF THIS SUBDIVISION,
UNLESS THE COMMISSION DEEMS IT INSUFFICIENT TO SATISFY SUCH REQUIRE-
MENTS.
(D) BEFORE APPLYING A DISCOUNT UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION, A TELEPHONE CORPORATION MAY REQUIRE PROOF OF ELIGIBILITY FROM THE
PRIMARY NAMED ACCOUNTHOLDER FOR THE CALENDAR YEAR IN WHICH THE DISCOUNT
IS SOUGHT.
2. FOR THE PURPOSES OF THIS SECTION:
(A) "INDIVIDUALS WITH A DISABILITY" SHALL MEAN A PRIMARY NAMED UTILITY
SERVICE, WATER SERVICE, OR TELEPHONE SERVICE ACCOUNTHOLDER (I) WITH A
DISABILITY, AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED
NINETY-TWO OF THE EXECUTIVE LAW; AND (II) WHO HAS HAD A TOTAL HOUSEHOLD
INCOME OF LESS THAN FIFTY THOUSAND DOLLARS FOR THE MOST RECENT TWO
CONSECUTIVE INCOME TAX YEARS BEGINNING IN TWO THOUSAND TWENTY, AS VERI-
FIED BY THE DEPARTMENT OF TAXATION AND FINANCE; AND (III) WHO IS
CURRENTLY RECEIVING (A) SOCIAL SECURITY DISABILITY INSURANCE (SSDI), (B)
SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL SOCIAL
SECURITY ACT, (C) DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS
PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, (D) DISA-
BILITY PENSION OR DISABILITY COMPENSATION BENEFITS PROVIDED BY THE
UNITED STATES POSTAL SERVICE, OR (E) THOSE PREVIOUSLY ELIGIBLE BY VIRTUE
OF RECEIVING DISABILITY BENEFITS UNDER THE SUPPLEMENTAL SECURITY INCOME
PROGRAM OR THE SOCIAL SECURITY DISABILITY PROGRAM AND CURRENTLY RECEIV-
ING MEDICAL ASSISTANCE BENEFITS BASED ON DETERMINATION OF DISABILITY AS
A. 6540 4
PROVIDED IN SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW;
AND
(B) "LOW-INCOME SENIOR CITIZEN" SHALL MEAN A PRIMARY NAMED TELEPHONE
SERVICE ACCOUNTHOLDER WHO (I) IS AT LEAST SIXTY-FIVE YEARS OF AGE; AND
(II) EITHER (A) HAS HAD A TOTAL HOUSEHOLD INCOME OF LESS THAN FIFTY
THOUSAND DOLLARS FOR TWO CONSECUTIVE INCOME TAX YEARS BEGINNING IN TWO
THOUSAND TWENTY, AS VERIFIED BY THE DEPARTMENT OF TAXATION AND FINANCE;
OR (B) IS ANNUALLY ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE EMERGENCY
RENTAL ASSISTANCE PROGRAM (ERAP) OR THE HOME ENERGY ASSISTANCE PROGRAM
(HEAP) AND PROVIDES PROOF OF ELIGIBILITY FROM THE AGENCY ADMINISTERING
ERAP OR HEAP.
§ 4. The public service law is amended by adding a new section 224-d
to read as follows:
§ 224-D. CABLE DISCOUNT PROGRAM. 1. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE COMMISSION IS AUTHORIZED AND DIRECTED TO REQUIRE A
TELEPHONE CORPORATION, AS DEFINED IN SUBDIVISION SEVENTEEN OF SECTION
TWO OF THIS CHAPTER, AND A CABLE TELEVISION COMPANY, AS DEFINED IN
SECTION TWO HUNDRED TWELVE OF THIS ARTICLE, THAT PROVIDES CABLE SERVICE
TO CUSTOMERS IN NEW YORK, TO ESTABLISH A DISCOUNT PROGRAM FOR LOW-INCOME
SENIOR CITIZENS AND INDIVIDUALS WITH A DISABILITY NO LATER THAN NINETY
DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. SUCH PROGRAM SHALL OFFER
A YEARLY BENEFIT TO LOW-INCOME SENIOR CITIZENS AND INDIVIDUALS WITH A
DISABILITY IN THE FORM OF A TEN PERCENT DISCOUNT ON CABLE BILLS. THE
FISCAL IMPACT OF SUCH PROGRAM SHALL NOT BE BORNE BY CUSTOMERS AND SHALL
NOT BE ADDED TO BILLS RENDERED BY A TELEPHONE CORPORATION OR CABLE TELE-
VISION COMPANY TO CUSTOMERS.
(B) A TELEPHONE CORPORATION OR CABLE TELEVISION COMPANY WHICH OFFERS
SUCH DISCOUNT PROGRAM SHALL CONSPICUOUSLY ADVERTISE THE AVAILABILITY AND
AMOUNT OF SUCH DISCOUNT ON THE WEBSITE OF SUCH TELEPHONE CORPORATION OR
CABLE TELEVISION COMPANY. THE AVAILABILITY AND AMOUNT OF SUCH DISCOUNT
SHALL ALSO BE CONSPICUOUSLY ADVERTISED ON THE ACCESSIBILITY PAGE OF THE
WEBSITE OF SUCH TELEPHONE CORPORATION OR CABLE TELEVISION COMPANY.
(C) PARTICIPATION IN THE FEDERAL GOVERNMENT'S LIFELINE OR AFFORDABLE
CONNECTIVITY PROGRAM, OR ANY SUCCESSOR PROGRAM THE COMMISSION SHALL DEEM
SUFFICIENT, SHALL SATISFY THE TELEPHONE CORPORATION'S OR CABLE TELE-
VISION COMPANY'S OBLIGATION TO ESTABLISH A DISCOUNT PROGRAM UNDER PARA-
GRAPH (A) OF THIS SUBDIVISION, UNLESS THE COMMISSION DEEMS IT INSUFFI-
CIENT TO SATISFY SUCH REQUIREMENTS.
(D) BEFORE APPLYING A DISCOUNT UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION, A TELEPHONE CORPORATION OR CABLE TELEVISION COMPANY MAY REQUIRE
PROOF OF ELIGIBILITY FROM THE PRIMARY NAMED ACCOUNTHOLDER FOR THE CALEN-
DAR YEAR IN WHICH THE DISCOUNT IS SOUGHT.
2. FOR THE PURPOSES OF THIS SECTION:
(A) "INDIVIDUALS WITH A DISABILITY" SHALL MEAN A PRIMARY NAMED UTILITY
SERVICE, WATER SERVICE, OR TELEPHONE SERVICE ACCOUNTHOLDER (I) WITH A
DISABILITY, AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO HUNDRED
NINETY-TWO OF THE EXECUTIVE LAW; AND (II) WHO HAS HAD A TOTAL HOUSEHOLD
INCOME OF LESS THAN FIFTY THOUSAND DOLLARS FOR THE MOST RECENT TWO
CONSECUTIVE INCOME TAX YEARS BEGINNING IN TWO THOUSAND TWENTY, AS VERI-
FIED BY THE DEPARTMENT OF TAXATION AND FINANCE; AND (III) WHO IS
CURRENTLY RECEIVING (A) SOCIAL SECURITY DISABILITY INSURANCE (SSDI), (B)
SUPPLEMENTAL SECURITY INCOME (SSI) BENEFITS UNDER THE FEDERAL SOCIAL
SECURITY ACT, (C) DISABILITY PENSION OR DISABILITY COMPENSATION BENEFITS
PROVIDED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, (D) DISA-
BILITY PENSION OR DISABILITY COMPENSATION BENEFITS PROVIDED BY THE
UNITED STATES POSTAL SERVICE, OR (E) THOSE PREVIOUSLY ELIGIBLE BY VIRTUE
A. 6540 5
OF RECEIVING DISABILITY BENEFITS UNDER THE SUPPLEMENTAL SECURITY INCOME
PROGRAM OR THE SOCIAL SECURITY DISABILITY PROGRAM AND CURRENTLY RECEIV-
ING MEDICAL ASSISTANCE BENEFITS BASED ON DETERMINATION OF DISABILITY AS
PROVIDED IN SECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW;
AND
(B) "LOW-INCOME SENIOR CITIZEN" SHALL MEAN A PRIMARY NAMED UTILITY
SERVICE, WATER SERVICE, OR TELEPHONE SERVICE ACCOUNTHOLDER WHO (I) IS AT
LEAST SIXTY-FIVE YEARS OF AGE; AND (II) EITHER (A) HAS HAD A TOTAL
HOUSEHOLD INCOME OF LESS THAN FIFTY THOUSAND DOLLARS FOR TWO CONSECUTIVE
INCOME TAX YEARS BEGINNING IN TWO THOUSAND TWENTY, AS VERIFIED BY THE
DEPARTMENT OF TAXATION AND FINANCE; OR (B) IS ANNUALLY ELIGIBLE TO
RECEIVE ASSISTANCE UNDER THE EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP)
OR THE HOME ENERGY ASSISTANCE PROGRAM (HEAP) AND PROVIDES PROOF OF
ELIGIBILITY FROM THE AGENCY ADMINISTERING ERAP OR HEAP.
§ 5. This act shall take effect immediately.