Senate Bill S6803A

2023-2024 Legislative Session

Relates to the termination of certain utility services

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-S6803 - Details

Current Committee:
Assembly Ways And Means
Law Section:
Public Service Law
Laws Affected:
Add §§54, 77-a & 85-b, Pub Serv L

2023-S6803 - 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-S6803 - Sponsor Memo

2023-S6803 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6803
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2023
                                ___________
 
 Introduced  by Sen. GONZALEZ -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07069-07-3

co-Sponsors

2023-S6803A - Details

Current Committee:
Assembly Ways And Means
Law Section:
Public Service Law
Laws Affected:
Add §§54, 77-a & 85-b, Pub Serv L

2023-S6803A - 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-S6803A - Sponsor Memo

2023-S6803A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6803--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2023
                                ___________
 
 Introduced  by  Sens.  GONZALEZ,  BRISPORT,  SALAZAR  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Energy and Telecommunications -- recommitted to the Committee on Ener-
   gy  and Telecommunications in accordance with Senate Rule 6, sec. 8 --
   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
 LATE  PAYMENT  CHARGES  SHALL  BE  IN COMPLIANCE WITH THE GUIDELINES SET
 FORTH IN SECTION FORTY-TWO OF THIS ARTICLE.
   (B) UPON THE FINAL DETERMINATION OF ANY INVESTIGATION COVERED BY  THIS
 SECTION,  THE COMMISSION SHALL EITHER (I) DETERMINE ANY ALLOWABLE PENAL-
 TIES THE UTILITY CORPORATION MAY IMPOSE  UPON  ITS  CUSTOMERS,  OR  (II)
 WAIVE,  OR  PARTIALLY WAIVE, ANY INTEREST OR FEES CHARGED BY THE UTILITY

co-Sponsors

2023-S6803B (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Public Service Law
Laws Affected:
Add §§54, 77-a & 85-b, Pub Serv L

2023-S6803B (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-S6803B (ACTIVE) - Sponsor Memo

2023-S6803B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6803--B
     Cal. No. 969
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2023
                                ___________
 
 Introduced by Sens. GONZALEZ, BRISPORT, HINCHEY, SALAZAR, THOMAS -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Energy  and  Telecommunications  --  recommitted  to  the
   Committee  on  Energy and Telecommunications in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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
 COMPLIANCE WITH ANY LAW, RULE, REGULATION, ORDER, OR  TARIFF  APPLICABLE
 TO SUCH UTILITY CORPORATION. THE TERM "INVESTIGATION" SHALL INCLUDE SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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