NY State Senate Bill 2023-S7982

Senate Bill S7982

2023-2024 Legislative Session

Prohibits termination of electricity or heat service during forecasts of extreme temperatures

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2024	referred to corporations, authorities and commissions delivered to assembly passed senate
May 13, 2024	advanced to third reading amended (t) 7982a
May 08, 2024	2nd report cal.
May 07, 2024	1st report cal.971
Jan 04, 2024	referred to energy and telecommunications

Votes

- Jun 4, 2024 - Floor Vote
  S7982
  
  57
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2024
      
      aye (57)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      nay (4)
      
      Martins
      
      Oberacker
      
      Stec
      
      Weik
      
      excused (1)
      
      Walczyk
  May 7, 2024 - Energy And Telecommunications Committee Vote
  S7982
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: May 7, 2024
      
      aye (6)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Mattera
      
      Parker
      
      aye wr (1)
      
      Borrello
      
      excused (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

2023-S7982 - Details

See Assembly Version of this Bill:: A7975
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Service Law
Laws Affected:: Rpld §32 sub 3 ¶(c), amd §32, Pub Serv L

2023-S7982 - Summary

Prohibits termination of electricity or heat service during forecasts of more than ninety-five degrees or less than thirty-two degrees.

2023-S7982 - Sponsor Memo

                                 
BILL NUMBER: S7982

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public service law, in relation to prohibiting
termination of residential utility service during forecasts of extreme
temperature; and to repeal certain provisions of such law relating ther-
eto

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is meant to prevent nonpayment utility shutoffs during extreme
weather events which can be dangerous to utility customers' health.

 
SUMMARY OF PROVISIONS:

Section 1 repeals paragraph (c) of subdivision 3 of section 32 of the
public service law.

Section 2 amends the public service law by adding a new subdivision 3-a
(a) and (b) to prohibit the shutoff of electricity during the day

preceding and during the day or night of a weather forecast of over 95
degrees or under 32 degrees

 
JUSTIFICATION:

Existing laws prevent utility services from being shut off for residents
who will suffer severe health or safety impairments.  Generally, this
status requires the submission of a written certification by a medical
practitioner to the utility provider.  However, extreme summer weather
is becoming more common, and many individuals, even those without health
impairments, can become vulnerable to extreme heat.

In July of 2023, New York City saw an extreme heat advisory for several
days, with temperatures reaching 108 degrees.  Heat-exacerbated deaths
have been increasing in the past decade, and in New York City alone, an
estimated 350 New Yorkers die because of heat and heat-related causes
each summer.

A balance due on one's electric or gas bill should not mean New Yorkers
risk their lives during the warmest and coldest days of the year. This
legislation follows the lead of many other state temperature-based
shutoff rules, including Arizona, Georgia, and Illinois, among others.
This legislation will tie the criteria to the National Weather Service
readings to prevent shutoffs during extreme heat and cold forecasts
throughout the state.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7982 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7982
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 prohibiting
   termination of residential utility service during forecasts of extreme
   temperature; and to repeal certain provisions  of  such  law  relating
   thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 3 of section 32 of the  public
 service law is REPEALED.
   §  2.  Section 32 of the public service law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM  "FORECAST  OF
 EXTREME  TEMPERATURE" MEANS A NATIONAL WEATHER SERVICE FORECAST OF NINE-
 TY-FIVE DEGREES FAHRENHEIT OR ABOVE ON THE NATIONAL WEATHER SERVICE HEAT
 INDEX (APPARENT TEMPERATURE) DURING ANY TIME OF DAY OR NIGHT OR  THIRTY-
 TWO DEGREES FAHRENHEIT OR BELOW DURING ANY TIME OF DAY OR NIGHT.
   (B)  A UTILITY OR MUNICIPALITY SUPPLYING RESIDENTIAL HEAT OR ELECTRIC-
 ITY SHALL NOT TERMINATE SUCH HEAT OR ELECTRICITY DURING THE DAY  PRECED-
 ING  AND  THE DAY OF A FORECAST OF EXTREME TEMPERATURE, OR IF SUCH FORE-
 CAST OF EXTREME TEMPERATURE PRECEDES A HOLIDAY OR WEEKEND  DAY,  ON  ANY
 DAY DURING SUCH HOLIDAY OR WEEKEND DAY.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13018-02-3

2023-S7982A (ACTIVE) - Details

See Assembly Version of this Bill:: A7975
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Service Law
Laws Affected:: Rpld §32 sub 3 ¶(c), amd §32, Pub Serv L

2023-S7982A (ACTIVE) - Summary

Prohibits termination of electricity or heat service during forecasts of more than ninety-five degrees or less than thirty-two degrees.

2023-S7982A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7982A

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public service law, in relation to prohibiting
termination of residential utility service during forecasts of extreme
temperature

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is meant to prevent nonpayment utility shutoffs during extreme
weather events which can be dangerous to utility customers' health.

 
SUMMARY OF PROVISIONS:

The public service law is amended to prohibit the shutoff of electricity
during the day or night of a weather forecast of over 95 degrees or
under 32 degrees.

 
JUSTIFICATION:

Existing laws prevent utility services from being shut off for residents
who will suffer severe health or safety impairments.  Generally, this
status requires the submission of a written certification by a medical
practitioner to the utility provider.  However, extreme summer weather
is becoming more common, and many individuals, even those without health
impairments,. can become vulnerable to extreme heat.

In July of 2023, New York City saw an extreme heat advisory for several
days, with temperatures reaching 108 degrees.  Heat-exacerbated deaths
have been increasing in the past decade, and in New York City alone, an
estimated 350 New Yorkers die because of heat and heat-related causes
each summer.

A balance due on one's electric or gas bill should not mean New Yorkers
risk their lives during the warmest and coldest days of the year. This
legislation follows the lead of many other state temperature-based
shutoff rules, including Arizona, Georgia, and Illinois, among others.
This legislation will tie the criteria to the National Weather Service
readings to prevent shutoffs during extreme heat and cold forecasts
throughout the state.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7982A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7982--A
     Cal. No. 971
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  reported  favorably from said committee, ordered to first
   and second report, amended on second report, ordered to a third  read-
   ing,  and to be reprinted as amended, retaining its place in the order
   of third reading

 AN ACT to amend the public  service  law,  in  relation  to  prohibiting
   termination of residential utility service during forecasts of extreme
   temperature
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 3 of section 32 of the  public
 service  law, as added by chapter 713 of the laws of 1981, is amended to
 read as follows:
   (c) Special procedures for cold weather periods. [(i)  The  commission
 shall  establish  procedures to be followed by a utility or municipality
 supplying heat related service in cold weather periods. Such  procedures
 shall  be  designed  to  identify  and  assist,  prior to termination of
 service, those residents who may suffer serious impairment to health  or
 safety  as a result of any such termination. The commission shall estab-
 lish the applicable cold weather periods; specify criteria for identify-
 ing residents who are likely to suffer serious impairments, and  require
 that such service not be terminated unless a representative of the util-
 ity  or  municipality makes a diligent effort to contact by telephone or
 in person an adult resident of the customer's premises at  least  seven-
 ty-two hours prior to termination, makes a personal visit at the time of
 termination  and  provides  the  customer with information regarding the
 protections available under this article. The commission  shall  provide
 for  the  manner  in  which  such contacts and personal visits are made.
 (ii)] The commission shall [also]  require  a  utility  or  municipality
 supplying  service  to  continue  service  to  customers where a serious
 impairment to health or safety is likely to result from  termination  of
 service  and the person supplied is unable because of mental or physical
 problems to manage [his or  her]  THEIR  own  resources  or  to  protect
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13018-03-4
 S. 7982--A                          2
 
 [himself or herself] THEMSELF from neglect or hazardous situations with-
 out  the  assistance  of  others.  Doubts  shall be resolved in favor of
 continued service. Continuations of service shall be  for  a  period  of
 time  to  be established by the commission. The commission shall consult
 with the department of social services and  the  state  office  for  the
 aging in implementing the provisions of this paragraph.
   §  2.  Section 32 of the public service law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM  "FORECAST  OF
 EXTREME  TEMPERATURE" MEANS A NATIONAL WEATHER SERVICE FORECAST OF NINE-
 TY-FIVE DEGREES FAHRENHEIT OR ABOVE ON THE NATIONAL WEATHER SERVICE HEAT
 INDEX (APPARENT TEMPERATURE) DURING ANY TIME OF DAY OR NIGHT OR  THIRTY-
 TWO DEGREES FAHRENHEIT OR BELOW DURING ANY TIME OF DAY OR NIGHT.
   (B)  A UTILITY OR MUNICIPALITY SUPPLYING RESIDENTIAL HEAT OR ELECTRIC-
 ITY SHALL NOT TERMINATE SUCH HEAT OR ELECTRICITY THE DAY OF  A  FORECAST
 OF  EXTREME  TEMPERATURE,  OR  IF  SUCH  FORECAST OF EXTREME TEMPERATURE
 PRECEDES A HOLIDAY OR WEEKEND DAY, ON ANY DAY  DURING  SUCH  HOLIDAY  OR
 WEEKEND DAY.
   § 3. This act shall take effect immediately.

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