S T A T E O F N E W Y O R K
________________________________________________________________________
8012
I N S E N A T E
January 5, 2024
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public service law, in relation to the finality of
certain utility charges and the contents of utility bills; and to
amend a chapter of the laws of 2023 amending the public service law
relating to the finality of certain utility charges and the contents
of utility bills, as proposed in legislative bills numbers S. 4234-A
and A. 4055-A, in relation to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 41 of the public service law, as
amended by a chapter of the laws of 2023 amending the public service
law relating to the finality of certain utility charges and the contents
of utility bills, as proposed in legislative bills numbers S. 4234-A and
A. 4055-A, is amended to read as follows:
1. Notwithstanding any other provision of law, [no] IF A utility
corporation or municipality [shall charge] DOES NOT RENDER a residential
customer for gas or electric service [which was rendered more than two],
WITH THE EXCEPTION OF A SEASONAL OR SHORT-TERM CUSTOMER AS DEFINED BY
RULE OF THE COMMISSION, A MONTHLY BILL FOR GAS AND/OR ELECTRIC SERVICES
USED BY SUCH CUSTOMER DURING THAT MONTHLY PERIOD, OR, IN THE CASE OF
BI-MONTHLY METER READS, DURING THAT MONTH AND THE PRIOR MONTH, WITHIN
THREE months [prior to the mailing of the first bill to the customer for
such service unless] FROM THE END DATE OF SUCH MONTHLY BILLING PERIOD,
THEN, SUCH RESIDENTIAL CUSTOMER SHALL NOT BE CHARGED FOR SUCH GAS AND
ELECTRIC SERVICES WHICH WERE NOT BILLED TO THE CUSTOMER AS PROVIDED
HEREIN, UNLESS the failure of the corporation or municipality to bill
sooner was not due to the neglect of the corporation or municipality or
was due to the culpable conduct of the customer. If the customer remains
liable for such service, the utility shall permit payments to be made
under an installment payment plan, provided, however, that the utility
or municipality may require prompt payment if the non-billing resulted
from the culpable conduct of the customer. Any such installment payment
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04105-06-4
S. 8012 2
plan may provide for a downpayment of up to one-half of the amounts due
from the customer, or three months average billing, whichever is less.
§ 2. Section 41-a of the public service law, as added by a chapter of
the laws of 2023 amending the public service law relating to the finali-
ty of certain utility charges and the contents of utility bills, as
proposed in legislative bills numbers S. 4234-A and A. 4055-A, is renum-
bered section 66-w and is amended to read as follows:
§ 66-w. Finality of charges; SMALL non-residential customers.
Notwithstanding any other provision of law[, no utility corporation or
municipality shall charge a non-residential customer for gas or electric
service which was rendered more than two months prior to the mailing of
the first bill to the customer for such service unless the failure of
the corporation or municipality to bill sooner was not due to the negli-
gence or neglect of the corporation or municipality or was due to the
culpable conduct of the customer] IF A UTILITY CORPORATION OR MUNICI-
PALITY DOES NOT RENDER A SMALL NON-RESIDENTIAL CUSTOMER FOR GAS OR ELEC-
TRIC SERVICE, WITH THE EXCEPTION OF A SEASONAL OR SHORT-TERM CUSTOMER AS
DEFINED BY RULE OF THE COMMISSION, A MONTHLY BILL FOR GAS AND/OR ELEC-
TRIC SERVICES USED BY SUCH CUSTOMER DURING THAT MONTHLY PERIOD, OR, IN
THE CASE OF BI-MONTHLY METER READS, DURING THAT MONTH AND THE PRIOR
MONTH, WITHIN THREE MONTHS FROM THE END DATE OF SUCH MONTHLY BILLING
PERIOD, THEN, SUCH SMALL NON-RESIDENTIAL CUSTOMER SHALL NOT BE CHARGED
FOR SUCH GAS AND ELECTRIC SERVICES WHICH WERE NOT BILLED TO THE CUSTOMER
AS PROVIDED HEREIN, UNLESS THE FAILURE OF THE CORPORATION OR MUNICI-
PALITY TO BILL SOONER WAS NOT DUE TO THE NEGLECT OF THE CORPORATION OR
MUNICIPALITY OR WAS DUE TO THE CULPABLE CONDUCT OF THE CUSTOMER. THE
COMMISSION SHALL PROMULGATE REGULATIONS NECESSARY TO EFFECTUATE THE
PURPOSES OF THIS SECTION. FOR THE PURPOSES OF THIS SECTION, "SMALL NON-
RESIDENTIAL CUSTOMER" MEANS NON-RESIDENTIAL ELECTRIC CUSTOMERS THAT ARE
NON-DEMAND BILLED CUSTOMERS AND NON-RESIDENTIAL GAS CUSTOMERS THAT USE
LESS THAN OR EQUAL TO 750 DEKATHERMS PER YEAR. SUCH TERM SHALL NOT
INCLUDE STREET LIGHTING ACCOUNTS.
§ 3. Subdivision 7 of section 44 of the public service law, as added
by a chapter of the laws of 2023 amending the public service law relat-
ing to the finality of certain utility charges and the contents of util-
ity bills, as proposed in legislative bills numbers S. 4234-A and A.
4055-A, is amended to read as follows:
7. [As] NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AS part of every
billing STATEMENT, [the] ANY utility corporation [or municipality] THAT
SERVES MORE THAN FIFTEEN THOUSAND CUSTOMERS IN THE STATE shall provide
[both in graph and written form, for the prior two years of the customer
or the prior customers at the same address, the monthly usage of the
customer, the monthly unit charges for usage, and the monthly billing
charge amount to the customer. This requirement shall apply to both
residential and non-residential customers] THE AVERAGE DAILY USAGE PER
MONTH OR THE MONTHLY USAGE AT THE CUSTOMER'S ADDRESS FOR THE PRIOR THIR-
TEEN MONTHS. ADDITIONALLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF
LAW, UPON REQUEST BY THE CUSTOMER, SUCH UTILITY CORPORATION SHALL
PROVIDE MONTHLY BILLING CHARGE AMOUNTS AT SUCH CUSTOMER'S ADDRESS FOR
THE THIRTEEN MONTHS PRIOR TO THE CURRENT BILLING PERIOD, NO LATER THAN
THIRTY DAYS AFTER SUCH REQUEST IS MADE.
§ 4. Section 4 of a chapter of the laws of 2023 amending the public
service law relating to the finality of certain utility charges and the
contents of utility bills, as proposed in legislative bills numbers S.
4234-A and A. 4055-A, is amended to read as follows:
S. 8012 3
§ 4. This act shall take effect on the [first of January next succeed-
ing the date upon which] ONE HUNDRED EIGHTIETH 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.
§ 5. This act shall take effect immediately; provided, however, that
sections one, two, and three of this act shall take effect on the same
date and in the same manner as a chapter of the laws of 2023 amending
the public service law relating to the finality of certain utility
charges and the contents of utility bills, as proposed in legislative
bills numbers S. 4234-A and A. 4055-A, takes effect.