Assembly Bill A7537B

2023-2024 Legislative Session

Relates to the termination of certain utility services

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A7537 - Details

See Senate Version of this Bill:
S6803
Law Section:
Public Service Law
Laws Affected:
Amd §2, add §§54, 77-a & 85-a, Pub Serv L

2023-A7537 - Summary

Prohibits utility corporations from imposing late fees, interest, or penalties during an investigation by the commission; allows retroactive late fees, interest, or penalties if a determination is made in favor of such utility corporation; prohibits utility services from being terminated during an investigation by the commission; requires utility corporations to notify customers of investigations

2023-A7537 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7537
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. SHRESTHA -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT to amend the public service law and the general business law, in
   relation to termination of certain utility services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer utility protections  during  investigations  act"  or  the
 "CUPDI act".
   §  2.  Section  2 of the public service law is amended by adding a new
 subdivision 30 to read as follows:
   30. THE TERM "INVESTIGATION," WHEN USED IN THIS CHAPTER, SHALL MEAN  A
 FORMAL  PROCEEDING  CONDUCTED BY THE COMMISSION TO EXAMINE THE POLICIES,
 PRACTICES, RATES, CHARGES, SERVICES, FACILITIES, OPERATIONS, OR  MANAGE-
 MENT OF A PUBLIC UTILITY CORPORATION OR TO DETERMINE COMPLIANCE WITH ANY
 LAW,  RULE,  REGULATION,  ORDER  OR  TARIFF  APPLICABLE TO SUCH UTILITY.
 "INVESTIGATION" SHALL  INCLUDE  THOSE  CONDUCTED  PURSUANT  TO  SECTIONS
 SEVENTY-ONE AND EIGHTY-NINE-I OF THIS CHAPTER.
   NOTWITHSTANDING  ANYTHING  TO  THE CONTRARY IN THIS CHAPTER, "INVESTI-
 GATION," AS DEFINED IN THIS SUBDIVISION  SHALL  NOT  INCLUDE  COMMISSION
 INQUIRIES  TRIGGERED  BY AN INDIVIDUAL CUSTOMER COMPLAINT FILED PURSUANT
 TO SECTION FORTY-THREE OF THIS CHAPTER.
   § 3. Subdivision 2 of section 32 of the public service law is  amended
 by  adding  five  new  paragraphs  (e), (f), (g), (h) and (i) to read as
 follows:
   (E) NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY, UTILITY SERVICE SHALL NOT  BE  TERMINATED  TO  RESIDENTIAL  OR
 COMMERCIAL  ACCOUNTS  FOR  NON-PAYMENT  OF  AN  OVERDUE  CHARGE FROM THE
 COMMENCEMENT OF ANY COMMISSION INVESTIGATION UNTIL  ONE  HUNDRED  TWENTY
 DAYS  AFTER THE FINDINGS OF SUCH INVESTIGATION HAVE BEEN PUBLISHED AND A
 DETERMINATION HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07069-07-3

co-Sponsors

2023-A7537A - Details

See Senate Version of this Bill:
S6803
Law Section:
Public Service Law
Laws Affected:
Amd §2, add §§54, 77-a & 85-a, Pub Serv L

2023-A7537A - Summary

Prohibits utility corporations from imposing late fees, interest, or penalties during an investigation by the commission; allows retroactive late fees, interest, or penalties if a determination is made in favor of such utility corporation; prohibits utility services from being terminated during an investigation by the commission; requires utility corporations to notify customers of investigations

2023-A7537A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7537--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SHRESTHA, GALLAGHER, AUBRY, JACOBSON, STECK,
   BURDICK, SIMON, MITAYNES, EPSTEIN, STIRPE, THIELE,  MAMDANI,  FORREST,
   CARROLL,  L. ROSENTHAL, DE LOS SANTOS, SEPTIMO, REYES -- read once and
   referred to the Committee on Corporations, Authorities and Commissions
   -- recommitted to  the  Committee  on  Corporations,  Authorities  and
   Commissions  in  accordance  with Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public service law, in relation  to  termination  of
   certain utility services
 
   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
 54 to read as follows:
   §  54.  INVESTIGATIONS RELATING TO RESIDENTIAL GAS, ELECTRIC AND STEAM
 UTILITY SERVICE. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "INVESTI-
 GATION" SHALL MEAN A FORMAL PROCEEDING CONDUCTED BY  THE  COMMISSION  TO
 EXAMINE  THE  POLICIES, PRACTICES, RATES, CHARGES, SERVICES, FACILITIES,
 OPERATIONS, OR MANAGEMENT OF  A  UTILITY  CORPORATION  OR  TO  DETERMINE
 COMPLIANCE  WITH  ANY LAW, RULE, REGULATION, ORDER, OR TARIFF APPLICABLE
 TO SUCH UTILITY CORPORATION. THE TERM "INVESTIGATION" SHALL INCLUDE SUCH
 PROCEEDINGS CONDUCTED PURSUANT TO SECTION SEVENTY-ONE OF  THIS  CHAPTER.
 NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE TERM "INVESTIGATION" SHALL
 NOT  INCLUDE  COMMISSION  INQUIRIES  TRIGGERED BY AN INDIVIDUAL CUSTOMER
 COMPLAINT FILED PURSUANT TO SECTION FORTY-THREE OF THIS ARTICLE.
   2. (A) A UTILITY CORPORATION SHALL NOT IMPOSE LATE FEES,  INTEREST  OR
 PENALTIES  DURING  AN  INVESTIGATION  IF SUCH UTILITY CORPORATION IS THE
 SUBJECT OF A PENDING INVESTIGATION, PROVIDED  HOWEVER,  THAT  SUCH  LATE
 FEES, INTEREST AND PENALTIES MAY BE IMPOSED RETROACTIVELY IF SUCH INVES-
 TIGATION  IS FINALLY RESOLVED IN FAVOR OF SUCH UTILITY CORPORATION. SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07069-08-4
 A. 7537--A                          2

co-Sponsors

2023-A7537B (ACTIVE) - Details

See Senate Version of this Bill:
S6803
Law Section:
Public Service Law
Laws Affected:
Amd §2, add §§54, 77-a & 85-a, Pub Serv L

2023-A7537B (ACTIVE) - Summary

Prohibits utility corporations from imposing late fees, interest, or penalties during an investigation by the commission; allows retroactive late fees, interest, or penalties if a determination is made in favor of such utility corporation; prohibits utility services from being terminated during an investigation by the commission; requires utility corporations to notify customers of investigations

2023-A7537B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7537--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SHRESTHA, GALLAGHER, AUBRY, JACOBSON, STECK,
   BURDICK, SIMON, MITAYNES, EPSTEIN, STIRPE, THIELE,  MAMDANI,  FORREST,
   CARROLL,  L. ROSENTHAL,  DE LOS SANTOS,  SEPTIMO,  REYES, RAGA -- read
   once and referred to the Committee on  Corporations,  Authorities  and
   Commissions  -- recommitted to the Committee on Corporations, Authori-
   ties and Commissions in accordance with Assembly Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee  --  recommitted  to  the  Committee  on
   Corporations,  Authorities and Commissions in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the public service law, in relation to termination of
   certain utility services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Short title. This act shall be known and may be cited as
 the "consumer utility protections  during  investigations  act"  or  the
 "CUPDI act".
   §  2.  Section  2 of the public service law is amended by adding a new
 subdivision 30 to read as follows:
   30. "FINAL DETERMINATION" OR "FINALLY  DETERMINED"  MEANS  A  JUDICIAL
 DECISION: (I) BY THE HIGHEST COURT OF COMPETENT JURISDICTION; OR (II) BY
 A  COURT  OF  COMPETENT JURISDICTION FROM WHICH NO APPEAL HAS BEEN TAKEN
 AND THE TIME WITHIN WHICH TO APPEAL HAS EXPIRED.
   § 3. The public service law is amended by adding a new section  54  to
 read as follows:
   §  54.  INVESTIGATIONS RELATING TO RESIDENTIAL GAS, ELECTRIC AND STEAM
 UTILITY SERVICE. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "INVESTI-
 GATION" SHALL MEAN A FORMAL PROCEEDING CONDUCTED BY  THE  COMMISSION  TO
 EXAMINE  THE  POLICIES, PRACTICES, RATES, CHARGES, SERVICES, FACILITIES,
 OPERATIONS, OR MANAGEMENT OF  A  UTILITY  CORPORATION  OR  TO  DETERMINE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07069-10-4

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