S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    794
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 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 complaint proce-
   dures and retaining billing records for a certain period of time

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  2 and 3 of section 43 of the public service
 law, subdivision 2 as added by chapter 713  of  the  laws  of  1981  and
 subdivision  3  as added by chapter 686 of the laws of 2002, are amended
 and a new subdivision 4 is added to read as follows:
   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 inves-
 tigation and review and to issue, within ninety days, its final  written
 determination of any appeal to it pursuant to this section.
   4. EACH UTILITY CORPORATION SUBJECT TO THIS ARTICLE SHALL RETAIN BILL-
 ING RECORDS FOR A PERIOD OF EIGHT YEARS FOR ALL CUSTOMERS.
   §  2. Section 89-i of the public service law, as amended by section 50
 of part A of chapter 62 of the laws of  2011,  is  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03230-01-3
              

 S. 794                              2
 
   § 89-i.  Complaints as to price of water; investigation by commission;
 forms  of complaints. 1. Upon the complaint in writing of the mayor of a
 city, the trustees of a village or the town board of a town in  which  a
 person  or  corporation  is authorized to supply or distribute water for
 domestic, commercial or public uses, or upon the complaint in writing of
 not  less than twenty-five customers or purchasers of such water in such
 municipality or upon complaint of a  water-works  corporation  supplying
 such  water,  as to the rates, charges or classifications of service for
 water sold and delivered in such municipality, or upon the complaint  in
 writing  of  the  department  of state, or as to the methods employed in
 furnishing such service, the commission  shall  investigate  as  to  the
 cause  of  such  complaint.  When such complaint is made, the commission
 may, by its agents, examiners and inspectors, inspect the works, system,
 plant, devices, appliances and methods used by such  water-works  corpo-
 ration  in  supplying  and  distributing  such water, and may examine or
 cause to be examined the books and papers  of  such  water-works  corpo-
 ration  pertaining to the supplying and distributing of such water.  The
 form and contents of complaints made as provided in this  section  shall
 be  prescribed by the commission. Such complaints shall be signed by the
 officers, or by the customers, purchasers or  subscribers  making  them,
 who  must  add  to their signatures their places of residence, by street
 and number, if any.
   2. THE COMMISSION SHALL COMPLETE  ITS  INVESTIGATION  AND  REVIEW  AND
 ISSUE,  WITHIN NINETY DAYS, TO THE COMPLAINANT, ITS FINAL WRITTEN DETER-
 MINATION OF ANY APPEAL PURSUANT TO THIS SECTION. SUCH  WRITTEN  DETERMI-
 NATION SHALL INCLUDE THE RELEVANT FACTS ESTABLISHED, THE REASONS FOR THE
 DETERMINATION,  WHAT  ACTIONS  MUST BE TAKEN AND WHAT FURTHER PROCEDURES
 ARE AVAILABLE TO A COMPLAINANT.
   3. EACH UTILITY CORPORATION SUBJECT TO THIS ARTICLE SHALL RETAIN BILL-
 ING RECORDS FOR A PERIOD OF EIGHT YEARS FOR ALL CUSTOMERS.
   § 3. Section 71 of the public service law, as amended by  chapter  521
 of the laws of 2013, is amended to read as follows:
   § 71. Complaints  as  to  quality  and  price  of gas and electricity;
 investigation by commission; forms of complaints. 1. Upon the  complaint
 in  writing  of the mayor of a city, the trustees of a village, the town
 board of a town or the chief executive officer or the  legislative  body
 of  a  county in which a person or corporation is authorized to manufac-
 ture, convey, transport, sell or supply gas  or  electricity  for  heat,
 light  or power, or upon the complaint in writing of not less than twen-
 ty-five customers or purchasers of such gas or electricity, or upon  the
 complaint  in writing of the department of state, or upon a complaint of
 a gas corporation or electrical corporation  supplying  or  transmitting
 said gas or electricity, as to the illuminating or heating power, purity
 or  pressure or the rates, charges or classifications of service of gas,
 the efficiency of the electric incandescent lamp supply, the voltage  of
 the  current  supplied for light, heat or power, or the rates charged or
 classification of service of electricity  sold  and  delivered  in  such
 municipality,  or as to the extent or duration of a disruption in gas or
 electricity service, the commission shall investigate as  to  the  cause
 for  such complaint. When such complaint is made, the commission may, by
 its agents, examiners and inspectors, inspect the works, system,  plant,
 devices,  appliances  and  methods used by such person or corporation in
 manufacturing, transmitting and supplying such gas or  electricity,  and
 may examine or cause to be examined the books and papers of such person,
 or  corporation  pertaining  to  the manufacture, sale, transmitting and
 supplying  of  such  gas  or  electricity.  The  form  and  contents  of
 S. 794                              3
 
 complaints  made  as provided in this section shall be prescribed by the
 commission. Such complaints shall be signed by the officers, or  by  the
 customers,  purchasers or subscribers making them, who must add to their
 signatures  their places of residence, by street and number, if any. The
 commission shall publish the form and instructions  for  completing  the
 form on the commission's website.
   2.  THE  COMMISSION  SHALL  COMPLETE  ITS INVESTIGATION AND REVIEW AND
 ISSUE, WITHIN NINETY DAYS, TO THE COMPLAINANT, ITS FINAL WRITTEN  DETER-
 MINATION  OF  ANY APPEAL PURSUANT TO THIS SECTION. SUCH WRITTEN DETERMI-
 NATION SHALL INCLUDE THE RELEVANT FACTS ESTABLISHED, THE REASONS FOR THE
 DETERMINATION, WHAT ACTIONS MUST BE TAKEN AND  WHAT  FURTHER  PROCEDURES
 ARE AVAILABLE TO A COMPLAINANT.
   3. EACH UTILITY CORPORATION SUBJECT TO THIS ARTICLE SHALL RETAIN BILL-
 ING RECORDS FOR A PERIOD OF EIGHT YEARS FOR ALL CUSTOMERS.
   § 4. Section 84 of the public service law, as amended by section 49 of
 part A of chapter 62 of the laws of 2011, is amended to read as follows:
   § 84. Complaints  as to service and price of steam heat; investigation
 by commission; forms of complaints. 1. Upon the complaint in writing  of
 the  mayor of the city, the trustees of a village or the town board of a
 town in which a person or corporation is authorized to manufacture, sell
 or supply steam for heat or power, or upon the complaint in  writing  of
 not less than fifty customers or purchasers of such steam heat in cities
 of  the first or second class, or of not less than twenty-five in cities
 of the third class, or of not less  than  ten  elsewhere,  or  upon  the
 complaint  in writing of the department of state, as to the price, pres-
 sure or efficiency of steam supplied for heat or power, sold and  deliv-
 ered  in  such  municipality, the commission shall investigate as to the
 cause for such complaint. When such complaint is  made,  the  commission
 may,  by its agents, examiners and inspectors, inspect the work, system,
 plant, devices, appliances and methods used by  such  person  or  corpo-
 ration  in manufacturing, transmitting and supplying such steam, and may
 examine or cause to be examined the books and papers of such  person  or
 corporation  pertaining  to  the  manufacture,  sale,  transmitting  and
 supplying of such steam. The form and contents  of  complaints  made  as
 provided  in  this  section  shall be prescribed by the commission. Such
 complaint shall be signed by the officers, or by the customers, purchas-
 ers or subscribers making them, who must add to their  signatures  their
 place of residence, by street and number, if any.
   2.  THE  COMMISSION  SHALL  COMPLETE  ITS INVESTIGATION AND REVIEW AND
 ISSUE, WITHIN NINETY DAYS, TO THE COMPLAINANT, ITS FINAL WRITTEN  DETER-
 MINATION  OF  ANY APPEAL PURSUANT TO THIS SECTION. SUCH WRITTEN DETERMI-
 NATION SHALL INCLUDE THE RELEVANT FACTS ESTABLISHED, THE REASONS FOR THE
 DETERMINATION, WHAT ACTIONS MUST BE TAKEN AND  WHAT  FURTHER  PROCEDURES
 ARE AVAILABLE TO A COMPLAINANT.
   3. EACH UTILITY CORPORATION SUBJECT TO THIS ARTICLE SHALL RETAIN BILL-
 ING RECORDS FOR A PERIOD OF EIGHT YEARS FOR ALL CUSTOMERS.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.