S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7589
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Energy
 
 AN ACT to amend the public service law, in relation to requiring utility
   companies to reimburse consumers in the event  of  a  prolonged  power
   outage
 
   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
 77-a to read as follows:
   §  77-A.  UTILITY REIMBURSEMENT REQUIREMENTS.   1. IN THE EVENT THAT A
 RESIDENTIAL UTILITY CUSTOMER OR SMALL BUSINESS  CUSTOMER  EXPERIENCES  A
 WIDESPREAD  PROLONGED  OUTAGE  LASTING  AT LEAST SEVENTY-TWO CONSECUTIVE
 HOURS OR MORE WITHOUT HAVING BEEN RESOLVED BY THE UTILITY  COMPANY,  THE
 UTILITY COMPANY SHALL:
   (A) PROVIDE REIMBURSEMENT OF ANY FOOD SPOILED DUE TO LACK OF REFRIGER-
 ATION.   RESIDENTIAL UTILITY CUSTOMERS SHALL PROVIDE THE UTILITY COMPANY
 AN ITEMIZED LIST OF ALL FOOD SPOILED OR PROOF OF LOSS  OF  FOOD  SPOILED
 WITHIN  FOURTEEN DAYS OF THE OUTAGE. THE UTILITY COMPANY SHALL REIMBURSE
 THE CUSTOMER WITHIN THIRTY DAYS OF THE RECEIPT OF THE ITEMIZED  LIST  OR
 PROOF  OF LOSS. THE AMOUNT OF THE REIMBURSEMENT SHALL NOT EXCEED A TOTAL
 OF TWO HUNDRED THIRTY-FIVE DOLLARS FOR CUSTOMERS WHO PROVIDE AN ITEMIZED
 LIST. THE AMOUNT OF THE REIMBURSEMENT FOR CUSTOMERS WHO PROVIDE PROOF OF
 LOSS SHALL NOT EXCEED FIVE HUNDRED FORTY DOLLARS.
   (B) PROVIDE REIMBURSEMENT OF PRESCRIPTION MEDICATION  SPOILED  DUE  TO
 LACK  OF  REFRIGERATION. RESIDENTIAL UTILITY CUSTOMERS SHALL PROVIDE THE
 UTILITY COMPANY WITH AN ITEMIZED LIST AND PROOF OF LOSS OF  PRESCRIPTION
 MEDICATION  DUE  TO  LACK  OF  REFRIGERATION WITHIN FOURTEEN DAYS OF THE
 OUTAGE.  THE UTILITY COMPANY SHALL REIMBURSE THE CUSTOMER WITHIN  THIRTY
 DAYS  OF  THE  RECEIPT  OF  THE  ITEMIZED  LIST  AND  PROOF  OF  LOSS OF
 PRESCRIPTION MEDICATION.  THE AMOUNT OF THE REIMBURSEMENT SHALL TOTAL NO
 MORE THAN THE ACTUAL LOSS OF PERISHABLE PRESCRIPTION MEDICINE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03597-01-3
              

 A. 7589                             2
 
   (C) PROVIDE REIMBURSEMENT TO SMALL BUSINESS  CUSTOMERS  FOR  ANY  FOOD
 SPOILED  DUE  TO  LACK  OF REFRIGERATION. SMALL BUSINESS CUSTOMERS SHALL
 PROVIDE THE UTILITY COMPANY WITH AN ITEMIZED LIST FOR ALL  FOOD  SPOILED
 AND PROOF OF LOSS WITHIN FOURTEEN DAYS OF THE OUTAGE. THE UTILITY COMPA-
 NY SHALL REIMBURSE THE SMALL BUSINESS CUSTOMER WITHIN THIRTY DAYS OF THE
 RECEIPT  OF  THE  ITEMIZED  LIST  AND  PROOF  OF LOSS. THE AMOUNT OF THE
 REIMBURSEMENT SHALL TOTAL  NO  MORE  THAN  TEN  THOUSAND  SEVEN  HUNDRED
 DOLLARS.
   2.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.  SUCH  RULES  AND  REGULATIONS
 SHALL  DEFINE  THE  TERMS "WIDESPREAD PROLONGED OUTAGE", "SMALL BUSINESS
 CUSTOMER" AND "PROOF OF LOSS".
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.