S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7975--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 18, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  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 commit-
   tee
 
 AN ACT to amend the public  service  law,  in  relation  to  prohibiting
   termination of residential utility service during forecasts of extreme
   temperature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 3 of section 32 of the  public
 service  law, as added by chapter 713 of the laws of 1981, is amended to
 read as follows:
   (c) Special procedures for cold weather periods. [(i)  The  commission
 shall  establish  procedures to be followed by a utility or municipality
 supplying heat related service in cold weather periods. Such  procedures
 shall  be  designed  to  identify  and  assist,  prior to termination of
 service, those residents who may suffer serious impairment to health  or
 safety  as a result of any such termination. The commission shall estab-
 lish the applicable cold weather periods; specify criteria for identify-
 ing residents who are likely to suffer serious impairments, and  require
 that such service not be terminated unless a representative of the util-
 ity  or  municipality makes a diligent effort to contact by telephone or
 in person an adult resident of the customer's premises at  least  seven-
 ty-two hours prior to termination, makes a personal visit at the time of
 termination  and  provides  the  customer with information regarding the
 protections available under this article. The commission  shall  provide
 for  the  manner  in  which  such contacts and personal visits are made.
 (ii)] The commission shall [also]  require  a  utility  or  municipality
 supplying  service  to  continue  service  to  customers where a serious
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13018-04-4
              

 A. 7975--A                          2
 
 impairment to health or safety is likely to result from  termination  of
 service  and the person supplied is unable because of mental or physical
 problems to manage [his or  her]  THEIR  own  resources  or  to  protect
 [himself or herself] THEMSELF from neglect or hazardous situations with-
 out  the  assistance  of  others.  Doubts  shall be resolved in favor of
 continued service. Continuations of service shall be  for  a  period  of
 time  to  be established by the commission. The commission shall consult
 with the department of social services and  the  state  office  for  the
 aging in implementing the provisions of this paragraph.
   §  2.  Section 32 of the public service law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM  "FORECAST  OF
 EXTREME  TEMPERATURE" MEANS A NATIONAL WEATHER SERVICE FORECAST OF NINE-
 TY-FIVE DEGREES FAHRENHEIT OR ABOVE ON THE NATIONAL WEATHER SERVICE HEAT
 INDEX (APPARENT TEMPERATURE) DURING ANY TIME OF DAY OR NIGHT OR  THIRTY-
 TWO DEGREES FAHRENHEIT OR BELOW DURING ANY TIME OF DAY OR NIGHT.
   (B)  A UTILITY OR MUNICIPALITY SUPPLYING RESIDENTIAL HEAT OR ELECTRIC-
 ITY SHALL NOT TERMINATE SUCH HEAT OR ELECTRICITY THE DAY OF  A  FORECAST
 OF  EXTREME  TEMPERATURE,  OR  IF  SUCH  FORECAST OF EXTREME TEMPERATURE
 PRECEDES A HOLIDAY OR WEEKEND DAY, ON ANY DAY  DURING  SUCH  HOLIDAY  OR
 WEEKEND DAY.
   § 3. This act shall take effect immediately.