S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7042
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law and the public service law,  in
   relation to customer service access
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-w to read as follows:
   § 391-W. CUSTOMER SERVICE ACCESS. 1. BUSINESSES THAT PROVIDE  PRODUCTS
 OR  SERVICES IN NEW YORK, REGARDLESS OF THE GEOGRAPHICAL LOCATION OF THE
 POINT OF COMMUNICATION BETWEEN  THE  ORGANIZATION  OR  THIRD  PARTY  AND
 CUSTOMER,  THAT ARE TARGETED TO RESIDENTS OF NEW YORK, HAVE AT LEAST ONE
 HUNDRED  EMPLOYEES,  AND  WHOSE  ANNUAL  REVENUE  EXCEED  FIFTY  MILLION
 DOLLARS, SHALL PROVIDE A FREE, EFFICIENT, UNIVERSALLY ACCESSIBLE, INCLU-
 SIVE,  NONDISCRIMINATORY  AND  EVALUABLE CUSTOMER SERVICE TELEPHONE LINE
 WHICH MUST BE ABLE TO PROVIDE THE FOLLOWING, INCLUDING BUT  NOT  LIMITED
 TO:
   (A)  ALLOWING A CUSTOMER TO CONNECT WITH A HUMAN REPRESENTATIVE WITHIN
 FIVE MINUTES OF BEGINNING A CALL;
   (B) ALLOWING A CUSTOMER TO PRESENT COMPLAINTS,  CLAIMS,  INCIDENTS  OR
 QUERIES  AND  RECEIVE COMMUNICATION WITH REGARD TO ANY COMPLAINT, CLAIM,
 INCIDENT OR QUERY;
   (C) HAVE PROOF OF COMPLAINTS, CLAIMS, INCIDENTS OR QUERIES TO  CUSTOM-
 ERS  BY PROVIDING AN IDENTIFICATION KEY AND A WRITTEN RECORD ON A MEDIUM
 OF THE CUSTOMER'S CHOICE THAT INCLUDES PROOF OF CONTENT, DATE, AND  TIME
 OF RECEIPT BY THE COMPANY;
   (D)  WHEN  APPROPRIATE,  PROVIDE  A REFUND OF THE PRICE OF THE GOOD OR
 SERVICE, IN WHOLE OR IN PART, AND OTHER LEGALLY APPLICABLE  COMPENSATION
 IN THE EVENT OF NON-COMPLIANCE OR DEFECTIVE COMPLIANCE WITH THE CONTRACT
 OR COMMERCIAL OFFER; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11413-01-3
 S. 7042                             2
              

 
   (E)  PROVIDE TRUTHFUL, EFFECTIVE, COMPREHENSIVE, TRANSPARENT AND UP TO
 DATE INFORMATION ON ANY INCIDENT THAT ARISES AROUND THE NORMAL PROVISION
 OF SERVICES.
   2.  THE  USE OF ANSWERING MACHINES OR OTHER SIMILAR MEANS AS AN EXCLU-
 SIVE MEANS OF CUSTOMER SERVICE IS PROHIBITED.
   3. INSTRUCTIONS TO ACCESS A CUSTOMER SERVICE COMMUNICATION LINE ESTAB-
 LISHED BY EACH BUSINESS PURSUANT TO THIS  SECTION  MUST  APPEAR  IN  ANY
 CONTRACT  WITH  THE  CONSUMER,  ON  ANY  INVOICES THE BUSINESS ISSUES TO
 CUSTOMERS, AND ON THE WEBSITE OF THE BUSINESS, IN AN EASY  TO  IDENTIFY,
 SEPARATE  SECTION,  AND IN THE CASE OF THE WEB PAGES ON THE HOME PAGE OF
 SUCH WEBSITE.
   4. ANY BUSINESS THAT KNOWINGLY FAILS TO COMPLY WITH  THE  REQUIREMENTS
 OF  THIS SECTION SHALL BE ASSESSED A CIVIL PENALTY FOR SUCH VIOLATION BY
 THE ATTORNEY GENERAL NOT TO EXCEED FIFTY THOUSAND DOLLARS PER DAY.  EACH
 DAY  SUCH  OFFENSE SHALL CONTINUE SHALL CONSTITUTE A SEPARATE ADDITIONAL
 VIOLATION. IN DETERMINATION OF ANY SUCH VIOLATION THE  ATTORNEY  GENERAL
 SHALL  BE  AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF RELEVANT
 FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRACTICE  LAW
 AND RULES.
   § 2. The public service law is amended by adding a new section 66-w to
 read as follows:
   § 66-W. CUSTOMER SERVICE ACCESS. 1. FOR PURPOSES OF THIS SECTION:
   (A)  "CALL-ANSWER  RATE"  MEANS THE METRIC THE DEPARTMENT SHALL USE TO
 EXAMINE THE PERCENT OF CUSTOMERS WHO REQUEST TO SPEAK  WITH  A  CUSTOMER
 SERVICE  REPRESENTATIVE  AND  ARE ANSWERED WITHIN THIRTY SECONDS BY SUCH
 CUSTOMER SERVICE REPRESENTATIVE; AND
   (B) "CORPORATION"  MEANS  A  GAS  CORPORATION,  ELECTRIC  CORPORATION,
 AND/OR COMBINATION GAS AND ELECTRIC CORPORATION.
   2.  (A) NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO
 THE CONTRARY, THE DEPARTMENT SHALL REQUIRE EVERY CORPORATION  TO  ESTAB-
 LISH  AN  ANNUAL  CUSTOMER  SERVICE  CALL-ANSWER RATE OF AT LEAST NINETY
 PERCENT.
   (B) THE DEPARTMENT SHALL HAVE  THE  AUTHORITY  TO  ESTABLISH  NEGATIVE
 REVENUE ADJUSTMENTS FOR EACH CORPORATION THAT FAILS TO SATISFY THE ANNU-
 AL CUSTOMER SERVICE CALL-ANSWER RATE OF AT LEAST NINETY PERCENT.
   (I)  THE  DEPARTMENT  SHALL  SET THE NEGATIVE REVENUE ADJUSTMENTS AT A
 RATE PROPORTIONAL TO THE CORPORATION'S FAILURE TO ACHIEVE  THE  MANDATED
 CALL-ANSWER RATE.
   (II)  THE DEPARTMENT SHALL APPLY SUR-CREDITS TO THE CORPORATION'S RATE
 BASE WHEN NEGATIVE REVENUE ADJUSTMENTS ARE ISSUED  FOR  A  CORPORATION'S
 FAILURE  TO  ACHIEVE  THE  MANDATED  CALL-ANSWER RATE. THE COMPANY SHALL
 CLEARLY INDICATE THE SUR-CREDIT ON THE CUSTOMER'S  BILL  AND  INCLUDE  A
 BRIEF DESCRIPTION OF THE REASON FOR THE SUR-CREDIT.
   (C)  EVERY CORPORATION SHALL FILE AN ANNUAL REPORT WITH THE DEPARTMENT
 THAT INDICATES WHAT THEIR CALL-ANSWER RATE WAS FOR  THE  PRIOR  CALENDAR
 YEAR.  IF  A  CORPORATION FAILS TO MEET THE TARGET CALL-ANSWER RATE, THE
 REPORT SHALL, AT A MINIMUM, INCLUDE AN EXPLANATION OF SUCH AND THE STEPS
 THE CORPORATION IS TAKING TO IMPROVE ITS PERFORMANCE IN THE NEXT  CALEN-
 DAR  YEAR.  A  COPY OF THE REPORTS WILL BE SHARED BY THE DEPARTMENT WITH
 THE ASSEMBLY, SENATE, AND THE GOVERNOR ON AN ANNUAL BASIS.  THE  REPORTS
 SHALL  ALSO BE PUBLISHED PUBLICLY ONLINE ON EVERY GAS CORPORATION, ELEC-
 TRIC CORPORATION, AND COMBINATION GAS AND ELECTRIC CORPORATION'S  PUBLIC
 FACING WEBSITE.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.