NY State Senate Bill 2023-S6468

Senate Bill S6468

2023-2024 Legislative Session

Relates to residential gas service rate discount programs for low-income and senior households

download bill text pdf

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to energy and telecommunications
Apr 21, 2023	referred to energy and telecommunications

2023-S6468 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §74-c, Pub Serv L; add §91-h, St Fin L

2023-S6468 (ACTIVE) - Summary

Relates to residential gas service rate discount programs for low-income and senior households; establishes the residential gas service rate discount for low-income and senior households fund; provides that an eligible household shall pay no more than six percent of such eligible household's total monthly income on gas, oil, kerosene or petroleum services and gas corporations shall offer a discount to ensure such eligible household's gas, oil, kerosene or petroleum bill or payment agreement reflect such discounted price.

2023-S6468 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6468

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to residential gas
service rate discount programs for low-income and senior households; and
to amend the state finance law, in relation to establishing the residen-
tial gas service rate discount for low-income and senior households fund

 
PURPOSE:

This bill will provide low income and senior residents financial relief
relative to oil, gasoline, and petroleum payments by creating a state
fund to make such costs more affordable

 
SUMMARY OF PROVISIONS:

Section 1 (1) adds section 74-c to the public service law to establish a
gas, oil, kerosene or petroleum discount program based on household
income and senior citizen status

(2) provides participants shall pay no more than six percent of their
total annual income towards gas, oil, and kerosene and that companies
that provide such resources shall offer a discount to reflect a
discounted price. (b) Households must submit income data to gas corpo-
rations to determine eligibility. (c) Eligible households must receive
discounted price in any bill or payment agreement.

(3) requires gas corporations shall submit compliance reports on the
fifteenth of November each year and outlines relative informational

(4) shall administer the funds made available pursuant to section nine-
ty-one-h of the state finance law to gas corporations based on the needs
of eligible households

(5) provides that violations shall be handled by the attorney general of
New York's office

Section 2 (1) adds section 91-h to the state finance law to create the
"residential gas service rate discount for low-income and senior house-
hold's fund."

 
JUSTIFICATION:

In New York State it is estimated that in 2019 over 400,000 gallons of
fuel oil or kerosene was used for heating homes upstate and over 900,000
gallons were used for heating homes downstate. Given the high cost of
delivery and service associated with natural gas and other fuel sources,
low income folks and seniors may have a difficult time paying their
energy bill relative to their fixed incomes.

There are over 800 companies located in New York State registered with
NYS Department of Taxation and Finance for the New York State Petroleum
Business Tax as either a diesel fuel distributor or a retailer of non-
highway diesel fuel. There are in excess of 200 companies registered
with the same authority that are located outside of New York State.
These oil, kerosene and petroleum companies clearly provide "heat
related service" throughout New York State. The breadth and depth of the
usage of combustible fuel for heating and the large number of competing
and unregulated companies that provide service in this industry requires
laws and regulations to protect consumers.

The absence of oil, kerosene and petroleum from Art.2 PBS Law has left
thousands of residential consumers with little recourse or protections
from usurious and fraudulent practices and charges. In the coldest
months of the year, these companies are able to leave families without
heat without any due process. It has become the burden of the consumer
to fight these companies often with only a hand written receipt that
does not include the date of service, name of the company or method of
reporting unfair, discriminatory or harassing practices. In areas
dependent on these forms of heat there are hundreds of fires and other
related emergencies each winter as families try to keep warm using elec-
tric heaters, stoves and ovens.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This bill is effective sixty days from its date of passage.

2023-S6468 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6468
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to amend the public service law, in relation to residential gas
   service rate discount programs for low-income and  senior  households;
   and  to  amend  the state finance law, in relation to establishing the
   residential gas service rate discount for low-income and senior house-
   holds fund
 
   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
 74-c to read as follows:
   § 74-C. RESIDENTIAL GAS SERVICE RATE DISCOUNT PROGRAM  FOR  LOW-INCOME
 AND  SENIOR  HOUSEHOLDS.  1.  EVERY GAS CORPORATION SHALL, NO LATER THAN
 SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, OFFER A  DISCOUNTED
 RATE  PROGRAM  ON SERVICES TO AN ELIGIBLE HOUSEHOLD TO BE APPLIED TO THE
 ACTUAL AMOUNT CHARGED TO SUCH HOUSEHOLD FOR THE STANDARD  RATE  OF  GAS,
 OIL,  KEROSENE  OR  PETROLEUM AND ASSOCIATED EQUIPMENT, AT A RATE DETER-
 MINED BASED  ON  EACH  ELIGIBLE  HOUSEHOLD'S  MONTHLY  INCOME.  FOR  THE
 PURPOSES  OF THIS SECTION "ELIGIBLE HOUSEHOLDS" SHALL MEAN ANY HOUSEHOLD
 WHOSE GROSS INCOME IS AT OR BELOW EIGHTY  PERCENT  OF  THE  AREA  MEDIAN
 INCOME,  HOUSEHOLD  MEDIAN  AGE IS AT OR ABOVE SIXTY-TWO YEARS OF AGE OR
 ANY OTHER HOUSEHOLD AS DETERMINED BY THE COMMISSIONER TO BE ELIGIBLE.
   2. A. UNDER THE PROGRAM  ESTABLISHED  PURSUANT  TO  THIS  SECTION,  AN
 ELIGIBLE  HOUSEHOLD  SHALL PAY NO MORE THAN SIX PERCENT OF SUCH ELIGIBLE
 HOUSEHOLD'S TOTAL MONTHLY INCOME ON  GAS,  OIL,  KEROSENE  OR  PETROLEUM
 SERVICES  AND  GAS  CORPORATIONS  SHALL  OFFER A DISCOUNT TO ENSURE SUCH
 ELIGIBLE HOUSEHOLD'S GAS, OIL, KEROSENE OR  PETROLEUM  BILL  OR  PAYMENT
 AGREEMENT REFLECT SUCH DISCOUNTED PRICE.
   B.  AN  ELIGIBLE HOUSEHOLD SHALL SUBMIT PROOF OF MONTHLY INCOME TO THE
 GAS CORPORATION PROVIDING SERVICES TO SUCH ELIGIBLE HOUSEHOLD TO  DETER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10708-01-3

 S. 6468                             2
 
 MINE  THE  DISCOUNTED PRICE PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION.
 ACCEPTABLE PROOF OF MONTHLY INCOME SHALL BE DETERMINED  BY  THE  COMMIS-
 SIONER.
   C.  AN ELIGIBLE HOUSEHOLD'S DISCOUNTED PRICE SHALL BE REFLECTED ON ANY
 BILL OR PAYMENT AGREEMENT SENT BY A GAS CORPORATION.
   3. EVERY GAS CORPORATION SHALL SUBMIT TO THE DEPARTMENT, NO LATER THAN
 NOVEMBER FIFTEENTH OF THE YEAR THIS SECTION TAKES EFFECT,  AND  ANNUALLY
 THEREAFTER, A COMPLIANCE REPORT SETTING FORTH:
   A.  THE  NUMBER  OF  CONSUMERS  AVAILING  THEMSELVES  OF  THE DISCOUNT
 REQUIRED BY THIS SECTION;
   B. A DESCRIPTION OF THE PROCEDURES BEING USED TO VERIFY THE  ELIGIBIL-
 ITY OF HOUSEHOLDS RECEIVING SUCH DISCOUNT;
   C.  A  DESCRIPTION AND SAMPLES OF THE ADVERTISING OR MARKETING EFFORTS
 UNDERTAKEN TO ADVERTISE OR PROMOTE SUCH DISCOUNT;
   D. A DESCRIPTION OF  ALL  RESIDENTIAL  GAS  RATES  INCLUDING  PRICING,
 OFFERED BY SUCH PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS; AND
   E.  SUCH  OTHER  INFORMATION  AS THE DEPARTMENT MAY REQUIRE TO PROVIDE
 FUNDING TO SUCH  A  GAS  CORPORATION  FOR  THE  ADMINISTRATION  OF  THIS
 PROGRAM.
   4.  THE  DEPARTMENT SHALL ADMINISTER THE FUNDS MADE AVAILABLE PURSUANT
 TO SECTION NINETY-ONE-H OF THE STATE FINANCE  LAW  TO  GAS  CORPORATIONS
 BASED  ON  THE  NEEDS OF ELIGIBLE HOUSEHOLDS AS DOCUMENTED IN THE ANNUAL
 REPORTS SUBMITTED TO THE DEPARTMENT PURSUANT  TO  SUBDIVISION  THREE  OF
 THIS SECTION.
   5. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
 NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
 PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS PER VIOLATION. SUCH PENALTY SHALL BE  CREDITED
 TO  THE  RESIDENTIAL GAS SERVICE RATE DISCOUNT FOR LOW-INCOME AND SENIOR
 HOUSEHOLDS FUND ESTABLISHED IN SECTION NINETY-ONE-H OF THE STATE FINANCE
 LAW FOR THE ADMINISTRATION OF THIS SECTION. IN CONNECTION WITH ANY  SUCH
 PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. The state finance law is amended by adding a new section 91-h  to
 read as follows:
   §  91-H.  RESIDENTIAL  GAS  SERVICE  RATE  DISCOUNT FOR LOW-INCOME AND
 SENIOR HOUSEHOLDS FUND. 1. THERE IS  HEREBY  ESTABLISHED  IN  THE  JOINT
 CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER,
 A SPECIAL FUND TO BE KNOWN AS THE "RESIDENTIAL GAS SERVICE RATE DISCOUNT
 FOR LOW-INCOME AND SENIOR HOUSEHOLDS FUND".
   2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
 OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION  SEVENTY-
 FOUR-C  OF  THE  PUBLIC  SERVICE  LAW AND ALL OTHER MONEYS APPROPRIATED,
 S. 6468                             3
 
 CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR  SOURCE  PURSUANT
 TO  LAW.  NOTHING IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING
 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
 THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONIES  OF  THE  FUND  SHALL BE EXPENDED SOLELY FOR LOW-INCOME AND
 SENIOR HOUSEHOLD PROGRAMS APPROVED BY THE DEPARTMENT OF PUBLIC SERVICE.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF PUBLIC SERVICE.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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