NY State Senate Bill 2023-S628A

Senate Bill S628A

Vetoed By Governor

2023-2024 Legislative Session

Relates to complaint handling procedures for customers of public utilities

download bill text pdf

Current Bill Status Via A1745 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 22, 2024	tabled vetoed memo.21
Nov 15, 2024	delivered to governor
May 29, 2024	returned to assembly passed senate 3rd reading cal.964 substituted for s628a
May 29, 2024	substituted by a1745a
May 13, 2024	advanced to third reading
May 08, 2024	2nd report cal. amended 628a
May 07, 2024	1st report cal.964
Jan 03, 2024	referred to energy and telecommunications
Jan 05, 2023	referred to energy and telecommunications

Votes

- May 29, 2024 - Floor Vote
  A1745
  
  49
  
  Aye
  
  12
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 29, 2024
      
      aye (49)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Oberacker
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      Weik
      
      nay (12)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Gallivan
      
      Helming
      
      Martins
      
      O'Mara
      
      Ortt
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Weber
      
      excused (1)
      
      Walczyk
  May 7, 2024 - Energy And Telecommunications Committee Vote
  S628A
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 7, 2024
      
      aye (5)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Parker
      
      nay (1)
      
      Borrello
      
      aye wr (1)
      
      Mattera
      
      excused (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S628 - Details

See Assembly Version of this Bill:: A1745
Law Section:: Public Service Law
Laws Affected:: Amd §43, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8301, A10682
2021-2022: S2744, A2038

2023-S628 - Summary

Strengthens provisions relating to complaint handling procedures by the public service commission; requires certain response times.

2023-S628 - Sponsor Memo

                                 
BILL NUMBER: S628

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to complaint handl-
ing procedures by the public service commission

 
PURPOSE:

To ensure that legitimate billing and related complaints made by consum-
ers and other affected entities against utilities are handled in an
effective and timely fashion and a decision rendered.

 
SUMMARY OF SPECIFIC PROVISIONS:

Amends the Public Service Law to provide the following: Improved
complaint handling procedures, including coverage of all complaints,
reporting on such complaints within reasonable and defined time periods,
requirement that all reports be made in writing and provide documenta-
tion; suspend the imposition of late charges during the period of
disputed account charges; defined and definite periods of time for the

PSC's Office of Consumer Services (OCS) to complete investigations and
issue final determinations; penalties on non-complying utilities and due
process rights for complainants.

 
JUSTIFICATION:

This legislation adds the necessary guidance, timelines and teeth to the
existing procedure for resolving all consumer complaints against utili-
ties, which almost always center around disputed billing charges. Even
though New York State Department of Public Service has announced that it
will immediately work with utilities across the state to ensure any
customers affected by COVID-19 will not lose power or heat due to finan-
cial hardship, the reality is that consumer issues with utilities have
existed long before COVID-19 and has only worsened during the pandemic.
By refusing to repay customers as well as failing to even acknowledge
consumer billing complaints, utilities are acting contrary to the
collective public interest at a time when consumers desperately need
financial assistance. Just as utility customers deserve the assurance of
continuity of essential electric and gas service during the coronavirus
pandemic, they also deserve any money that is rightfully owed to them by
the utilities during this time of unprecedented financial hardship
throughout the state.  Wrongfully withholding hundreds of millions in
customer money, or simply not responding to consumer complaints within a
reasonable amount of time, adds to the pain of financial hardship
already facing so many New Yorkers. The current process lacks actual and
enforceable timelines, due process, clear evidentiary standards and
penalties for willful non-compliance on the part of utilities.

The absence of any clear guideposts on procedure and lack of conse-
quences for flouting compliance make this legislation necessary, as in
practice, large utilities simply ignore the legitimate complaints of
consumers and other smaller, vulnerable entities such as small busi-
nesses and nonprofits.

 
PRIOR LEGISLATIVE HISTORY:

2022: S2744- energy and telecom
2019-2020 - A.10682 - referred to corporations, authorities and commis-
sions / S.8301 - REFERRED TO ENERGY AND TELECOMMUNICATIONS

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment, and/or
repeal of any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such effective date.

2023-S628 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    628
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  COMRIE, BAILEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications
 
 AN  ACT to amend the public service law, in relation to complaint handl-
   ing procedures by the public service commission

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 43 of the public service law, as added by chapter
 713 of the laws of 1981, subdivision 3 as added by chapter  686  of  the
 laws of 2002, is amended to read as follows:
   § 43. Complaint  handling procedures. 1. The commission shall maintain
 regulations for the handling of [residential] ALL  customer  complaints,
 which  at a minimum shall require that each utility or municipality: (a)
 maintain procedures, AND PROVIDE A COPY OF THOSE PROCEDURES, AS AMENDED,
 TO THE COMMISSION, for prompt investigation of any complaint on  a  bill
 for  gas,  STEAM, or electric service rendered or a deposit required and
 for [prompt] reporting to the complainant [of] WITHIN: (I) FIFTEEN BUSI-
 NESS DAYS AFTER the result of such investigation FOR  A  UTILITY  CORPO-
 RATION;  OR  (II) THIRTY BUSINESS DAYS AFTER THE RESULT OF SUCH INVESTI-
 GATION FOR A MUNICIPALITY. [If such] SUCH report [is  made  orally,  the
 utility  corporation  or municipality shall offer the complainant upon a
 written request the opportunity to receive the report in writing]  SHALL
 BE  IN  WRITING AND PROVIDE ALL SUPPORTING DOCUMENTATION; (b) inform any
 complainant [whose complaint is resolved in favor of the utility  corpo-
 ration or municipality, in whole or in part,] of the availability of the
 commission's complaint handling procedures; (c) refrain from terminating
 service for nonpayment so long as a complaint is pending before a utili-
 ty,  municipality  or the commission and for fifteen days thereafter, or
 for such period as  the  commission  for  good  cause  shall  establish;
 provided  however,  that  as a condition of continued service during the
 pendency of any such  dispute,  a  customer  shall  pay  the  undisputed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00810-01-3

 S. 628                              2
 
 portions  of  any bill for service including bills for current usage, or
 such amounts as the commission determines reasonably reflect the cost of
 usage to such customer; and  (d)  refrain  from  treating  the  disputed
 portion  of any bill as late during the pendency of any complaint before
 the utility or municipality.  LATE PAYMENT CHARGES SHALL NOT  BE  LEVIED
 DURING THE PERIOD IT TAKES TO RESOLVE DISPUTED AMOUNTS.
   2.  The  commission  shall maintain regulations for complaint handling
 procedures including complaints with respect to  the  negotiation  of  a
 deferred  payment  agreement  which  shall  include,  at  a minimum: (a)
 provision for investigation and informal review and for  appeal  to  the
 commission  [in  its  discretion];  (b)  that the burden of proof in all
 proceedings shall be on the utility corporation or municipality[, except
 as otherwise provided  by  the  commission  for  good  cause];  and  (c)
 provision  for  parties  to  receive  a  written  determination  of  any
 complaint[, upon request,] in plain and simple English,  which  determi-
 nation  shall  set forth the relevant facts established, the reasons for
 the determination, what actions must be taken and  what  further  proce-
 dures are available to a complainant.
   3. The commission shall [use its best efforts to] complete its INITIAL
 investigation  [and  review  and  to issue] WITHIN: (A) FIFTEEN BUSINESS
 DAYS FOR A UTILITY CORPORATION OR; (B) THIRTY BUSINESS DAYS FOR A  MUNI-
 CIPALITY.  THE  COMMISSION  SHALL  COMPLETE  THE INFORMAL REVIEW, IF THE
 INITIAL DECISION IS APPEALED, WITHIN FIFTEEN BUSINESS DAYS. THE  COMMIS-
 SION SHALL, within ninety days, ISSUE its final written determination of
 any appeal to it pursuant to this section.
   4.  FAILURE  BY  ANY  UTILITY CORPORATION OR MUNICIPALITY TO PROVIDE A
 RESPONSE AS PROVIDED BY SUBDIVISION ONE OF THIS SECTION, SHALL INVOKE  A
 PENALTY  OF:  (A) ONE HUNDRED DOLLARS PER BUSINESS DAY FOR EACH BUSINESS
 DAY THAT EXCEEDS THE INITIAL FIFTEEN BUSINESS DAY PERIOD FOR  A  UTILITY
 CORPORATION;  OR (B) TWENTY-FIVE DOLLARS PER BUSINESS DAY FOR EACH BUSI-
 NESS DAY THAT EXCEEDS THE INITIAL THIRTY BUSINESS DAY PERIOD FOR A MUNI-
 CIPALITY.
   5. UPON THE FAILURE OF THE  COMMISSION  TO  ADHERE  TO  THE  DEADLINES
 PROVIDED  BY  SUBDIVISION  THREE  OF  THIS  SECTION, THE COMPLAINANT MAY
 COMMENCE A SPECIAL PROCEEDING AGAINST THE COMMISSION PURSUANT TO  SUBDI-
 VISION  ONE OF SECTION SEVENTY-EIGHT HUNDRED THREE OF THE CIVIL PRACTICE
 LAW AND RULES.  A PREVAILING COMPLAINANT SHALL BE ENTITLED TO REASONABLE
 ATTORNEY'S FEES AND COURT COSTS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.  Effective  immediately,  the addition, amendment,
 and/or repeal of any rules and regulations necessary  to  implement  the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such effective date.

co-Sponsors

2023-S628A (ACTIVE) - Details

See Assembly Version of this Bill:: A1745
Law Section:: Public Service Law
Laws Affected:: Amd §43, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8301, A10682
2021-2022: S2744, A2038

2023-S628A (ACTIVE) - Summary

Strengthens provisions relating to complaint handling procedures by the public service commission; requires certain response times.

2023-S628A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S628A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to complaint handl-
ing procedures by the public service commission

 
PURPOSE:

To ensure that legitimate billing and related complaints made by consum-
ers and other affected entities against utilities are handled in an
effective and timely fashion and a decision rendered.

 
SUMMARY OF SPECIFIC PROVISIONS:

Amends the Public Service Law to provide the following: Improved
complaint handling procedures, including coverage of all complaints,
reporting on such complaints within reasonable and defined time periods,
requirement that all reports be made in writing and provide documenta-
tion; suspend the imposition of late charges during the period of
disputed account charges; defined and definite periods of time for the

PSC's Office of Consumer Services (OCS) to complete investigations and
issue final determinations; penalties on non-complying utilities and due
process rights for complainants.

 
JUSTIFICATION:

This legislation adds the necessary guidance, timelines and teeth to the
existing procedure for resolving all consumer complaints against utili-
ties, which almost always center around disputed billing charges. Even
though New York State Department of Public Service has announced that it
will immediately work with utilities across the state to ensure any
customers affected by COVID-19 will not lose power or heat due to finan-
cial hardship, the reality is that consumer issues with utilities have
existed long before COVID-19 and has only worsened during the pandemic.
By refusing to repay customers as well as failing to even acknowledge
consumer billing complaints, utilities are acting contrary to the
collective public interest at a time when consumers desperately need
financial assistance. Just as utility customers deserve the assurance of
continuity of essential electric and gas service during the coronavirus
pandemic, they also deserve any money that is rightfully owed to them by
the utilities during this time of unprecedented financial hardship
throughout the state. Wrongfully withholding hundreds of millions in
customer money, or simply not responding to consumer complaints within a
reasonable amount of time, adds to the pain of financial hardship
already facing so many New Yorkers. The current process lacks actual and
enforceable timelines, due process, clear evidentiary standards and
penalties for willful non-compliance on the part of utilities.

The absence of any clear guideposts on procedure and lack of conse-
quences for flouting compliance make this legislation necessary, as in
practice, large utilities simply ignore the legitimate complaints of
consumers and other smaller, vulnerable entities such as small busi-
nesses and nonprofits.

 
PRIOR LEGISLATIVE HISTORY:

2022: S2744- energy and telecom
2019-2020 - A.10682 - referred to corporations, authorities and commis-
sions / S.8301 - REFERRED TO ENERGY AND TELECOMMUNICATIONS

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment, and/or
repeal of any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such effective date.

2023-S628A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  628--A
     Cal. No. 964
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  COMRIE, BAILEY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications  -- recommitted to the Committee on Energy and Telecom-
   munications in accordance with Senate  Rule  6,  sec.  8  --  reported
   favorably  from  said  committee,  ordered to first report, amended on
   first report, ordered  to  a  second  report  and  ordered  reprinted,
   retaining its place in the order of second report
 
 AN  ACT to amend the public service law, in relation to complaint handl-
   ing procedures by the public service commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 43 of the public service law, as added by chapter
 713 of the laws of 1981, subdivision 3 as added by chapter  686  of  the
 laws of 2002, is amended to read as follows:
   § 43. Complaint  handling procedures. 1. The commission shall maintain
 regulations for the handling of [residential] ALL  customer  complaints,
 which  at a minimum shall require that each utility or municipality: (a)
 maintain procedures, AND PROVIDE A COPY OF THOSE PROCEDURES, AS AMENDED,
 TO THE COMMISSION, for prompt investigation of any complaint on  a  bill
 for  gas,  STEAM, or electric service rendered or a deposit required and
 for prompt reporting to the complainant [of] WITHIN: (I)  FIFTEEN  BUSI-
 NESS  DAYS  AFTER  the result of such investigation FOR A UTILITY CORPO-
 RATION; OR (II) THIRTY BUSINESS DAYS AFTER THE RESULT OF  SUCH  INVESTI-
 GATION  FOR  A  MUNICIPALITY. [If such] SUCH report [is made orally, the
 utility corporation or municipality shall offer the complainant  upon  a
 written  request the opportunity to receive the report in writing] SHALL
 BE IN WRITING AND PROVIDE ALL SUPPORTING DOCUMENTATION; (b)  inform  any
 complainant  [whose complaint is resolved in favor of the utility corpo-
 ration or municipality, in whole or in part,] of the availability of the
 commission's complaint handling procedures; (c) refrain from terminating
 service for nonpayment so long as a complaint is pending before a utili-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00810-03-4
 S. 628--A                           2
 
 ty, municipality or the commission and for fifteen days  thereafter,  or
 for  such  period  as  the  commission  for  good cause shall establish;
 provided however, that as a condition of continued  service  during  the
 pendency  of  any  such  dispute,  a  customer  shall pay the undisputed
 portions of any bill for service including bills for current  usage,  or
 such amounts as the commission determines reasonably reflect the cost of
 usage  to  such  customer;  and  (d)  refrain from treating the disputed
 portion of any bill as late during the pendency of any complaint  before
 the utility or municipality.
   2.  The  commission  shall maintain regulations for complaint handling
 procedures including complaints with respect to  the  negotiation  of  a
 deferred  payment  agreement  which  shall  include,  at  a minimum: (a)
 provision for investigation and informal review and for  appeal  to  the
 commission  [in  its  discretion];  (b)  that the burden of proof in all
 proceedings shall be on the utility corporation or municipality,  except
 as  otherwise  provided  by  the  commission  for  good  cause;  and (c)
 provision  for  parties  to  receive  a  written  determination  of  any
 complaint[,  upon  request,] in plain and simple English, which determi-
 nation shall set forth the relevant facts established, the  reasons  for
 the  determination,  what  actions must be taken and what further proce-
 dures are available to a complainant.
   3. [The commission shall use its best efforts to complete its investi-
 gation and review and to issue, within ninety days,  its  final  written
 determination  of any appeal to it pursuant to this section.] FAILURE BY
 ANY UTILITY  CORPORATION  OR  MUNICIPALITY  TO  PROVIDE  A  RESPONSE  AS
 PROVIDED  BY SUBDIVISION ONE OF THIS SECTION, SHALL INVOKE A PENALTY OF:
 (A) ONE HUNDRED DOLLARS PER BUSINESS DAY  FOR  EACH  BUSINESS  DAY  THAT
 EXCEEDS  THE  INITIAL  FIFTEEN  BUSINESS DAY PERIOD FOR A UTILITY CORPO-
 RATION; OR (B) TWENTY-FIVE DOLLARS PER BUSINESS DAY  FOR  EACH  BUSINESS
 DAY  THAT  EXCEEDS  THE INITIAL THIRTY BUSINESS DAY PERIOD FOR A MUNICI-
 PALITY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.  Effective  immediately,  the addition, amendment,
 and/or repeal of any rule  or  regulation  necessary  to  implement  the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such effective date.

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Senate Bill S628A

Share this bill

Sponsored By

Leroy Comrie

Current Bill Status Via A1745 - Vetoed by Governor

Bill Amendments

co-Sponsors

Jamaal T. Bailey

2023-S628 - Details

2023-S628 - Summary

2023-S628 - Sponsor Memo

2023-S628 - Bill Text download pdf

co-Sponsors

Jamaal T. Bailey

Lea Webb

2023-S628A (ACTIVE) - Details

2023-S628A (ACTIVE) - Summary

2023-S628A (ACTIVE) - Sponsor Memo

2023-S628A (ACTIVE) - Bill Text download pdf

Comments