NY State Senate Bill 2023-S8697

Senate Bill S8697

2023-2024 Legislative Session

Provides a reimbursement to small businesses and residential consumers of certain utilities for failure to provide contracted services; requires the Long Island power authority to do the same

download bill text pdf

Current Bill Status - In Senate Committee Energy And Telecommunications 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2024	referred to energy and telecommunications

2023-S8697 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §119-e, Pub Serv L; amd §1020-f, Pub Auth L

2023-S8697 (ACTIVE) - Summary

Provides a reimbursement to small businesses and residential consumers of certain utilities for failure to provide contracted services; requires the Long Island power authority to do the same.

2023-S8697 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8697

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public service law and the public authorities law,
in relation to providing a reimbursement to small business and residen-
tial consumers of certain utilities for failure to provide contracted
services

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation creates a discount on residential consumer's bills and
for small businesses for times they're without contracted service by
certain service providers resulting from power outages.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public service law by adding a new section 119-d
which states that a residential consumer or small business who has a
contract for service with a gas, electric, gas and electric, water,
steam, or a municipality providing equivalent service shall be entitled

to a discount when services are not provided for a period of at least 48
hours after the end of a failure of equipment, weather event, natural
disaster, or any other disruption in providing service. The Department
shall promulgate rules and regulations within 180 days to calculate how
a utility shall reimburse the impacted party.

Section 2 amends section 1020-f of the public authorities law, as added
by chapter 517 of the laws of 1986 by adding a new subdivision (ii) that
states that a residential consumer or small business who has a contract
for service with the authority or its service provider shall be entitled
to a discount when services are not provided for a period of at least 48
hours after the end of a failure of equipment, weather event, natural
disaster, or any other disruption in providing service. The Board shall
promulgate rules and regulations within 180 days to calculate how a
utility shall reimburse the impacted party.

Section 3 sets the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

When a consumer does not receive services they depend on, they are
understandably frustrated as they wait for those services to be fixed
and they are unable to make use of these services. As can be expected,
the longer the delay the greater the anger and frustration a consumer
will feel. Hopefully upon service restoration they find themselves
de-escalating and again enjoying the services they have contracted for.
However, imagine their feelings when they open their service bill and
see that they are being charged for services that they were unable to
access, this is unconscionable.

This legislation seeks to address this concern, by giving that individ-
ual a discount on their bill based on the amount of time contracted
services were not available to them.
 
PRIOR LEGISLATIVE HISTORY:

2019-20: A11020-Referred to corporations, authorities and commissions

2021-22: A3044-Referred to corporations, authorities and commissions

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8697 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8697
 
                             I N  S E N A T E
 
                               March 1, 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 and the public authorities law,
   in relation to providing a reimbursement to small business  and  resi-
   dential   consumers  of  certain  utilities  for  failure  to  provide
   contracted 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
 119-e to read as follows:
   § 119-E. FAILURE TO PROVIDE CONTRACTED SERVICES.  1.    A  RESIDENTIAL
 CONSUMER  OR  SMALL  BUSINESS  WHO HAS A CONTRACT FOR SERVICE WITH A GAS
 CORPORATION, ELECTRIC CORPORATION, GAS AND ELECTRIC  CORPORATION,  WATER
 CORPORATION,  STEAM  CORPORATION  OR A MUNICIPALITY RENDERING EQUIVALENT
 UTILITY SERVICES SHALL BE ENTITLED TO A DISCOUNT WHEN THE  SERVICE  SUCH
 RESIDENTIAL  CONSUMER  OR  SMALL  BUSINESS  HAS  CONTRACTED  FOR  IS NOT
 PROVIDED FOR BY SUCH GAS  CORPORATION,  ELECTRIC  CORPORATION,  GAS  AND
 ELECTRIC  CORPORATION, WATER CORPORATION, STEAM CORPORATION OR A MUNICI-
 PALITY RENDERING EQUIVALENT UTILITY SERVICES FOR A PERIOD  OF  AT  LEAST
 FORTY-EIGHT  HOURS  AFTER  THE  END  OF  A FAILURE OF EQUIPMENT, WEATHER
 EVENT, NATURAL DISASTER OR ANY OTHER  DISRUPTION  IN  THE  PROVIDING  OF
 SERVICE.  THE  DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS, WITHIN
 ONE HUNDRED EIGHTY DAYS FROM THE EFFECTIVE  DATE  OF  THIS  SECTION,  TO
 CALCULATE  HOW A UTILITY SHALL REIMBURSE A RESIDENTIAL CONSUMER OR SMALL
 BUSINESS PURSUANT TO THIS SECTION.  SUCH REIMBURSEMENT SHALL BE  APPLIED
 TO THE MONTHLY CHARGES ASSESSED BY SUCH GAS CORPORATION, ELECTRIC CORPO-
 RATION,  GAS  AND  ELECTRIC CORPORATION, WATER CORPORATION, STEAM CORPO-
 RATION OR A MUNICIPALITY RENDERING EQUIVALENT UTILITY SERVICES.
   2. FOR PURPOSES OF THIS SECTION, "SMALL BUSINESS" SHALL MEAN  A  BUSI-
 NESS  WHICH IS RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND OPERATED,
 NOT DOMINANT IN ITS FIELD AND EMPLOYS FIFTY OR LESS PERSONS.
   3. NO COST CREATED PURSUANT TO THIS SECTION SHALL BE THE  RESPONSIBIL-
 ITY OF A RATEPAYER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01668-03-4
 S. 8697                             2
 
   § 2. Section 1020-f of the public authorities law, as added by chapter
 517  of the laws of 1986, is amended by adding a new subdivision (ll) to
 read as follows:
   (LL) FAILURE TO PROVIDE CONTRACTED SERVICES.  1. A RESIDENTIAL CONSUM-
 ER  OR  SMALL  BUSINESS  WHO  HAS  A CONTRACT FOR SERVICE WITH A SERVICE
 PROVIDER OR THE AUTHORITY SHALL BE  ENTITLED  TO  A  DISCOUNT  WHEN  THE
 SERVICE  SUCH  RESIDENTIAL CONSUMER OR SMALL BUSINESS HAS CONTRACTED FOR
 IS NOT PROVIDED FOR BY SUCH SERVICE PROVIDER  OR  THE  AUTHORITY  FOR  A
 PERIOD  OF  AT  LEAST  FORTY-EIGHT  HOURS  AFTER THE END OF A FAILURE OF
 EQUIPMENT, WEATHER EVENT, NATURAL DISASTER OR ANY  OTHER  DISRUPTION  IN
 THE  PROVIDING  OF  SERVICE.  THE BOARD SHALL PROMULGATE RULES AND REGU-
 LATIONS, WITHIN ONE HUNDRED EIGHTY DAYS FROM THE EFFECTIVE DATE OF  THIS
 SUBDIVISION,  TO CALCULATE HOW A SERVICE PROVIDER OR THE AUTHORITY SHALL
 REIMBURSE A RESIDENTIAL CONSUMER OR  SMALL  BUSINESS  PURSUANT  TO  THIS
 SUBDIVISION.  SUCH REIMBURSEMENT SHALL BE APPLIED TO THE MONTHLY CHARGES
 ASSESSED BY SUCH SERVICE PROVIDER OR THE AUTHORITY.
   2. FOR PURPOSES OF THIS SUBDIVISION, "SMALL  BUSINESS"  SHALL  MEAN  A
 BUSINESS  WHICH IS RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND OPER-
 ATED, NOT DOMINANT IN ITS FIELD AND EMPLOYS FIFTY OR LESS PERSONS.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.