S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1441
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. DINOWITZ, SEAWRIGHT, OTIS, JACOBSON -- read once
   and referred to the Committee on Corporations, Authorities and Commis-
   sions
 
 AN ACT to amend the public service law, in relation to complaint  handl-
   ing procedures by the public service commission

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 43 of the public service law, as added  by  chapter
 713  of  the  laws of 1981, subdivision 3 as added by chapter 686 of the
 laws of 2002, is amended to read as follows:
   § 43. Complaint handling procedures. 1. The commission shall  maintain
 regulations  for  the handling of [residential] ALL customer complaints,
 which at a minimum shall require that each utility or municipality:  (a)
 maintain procedures, AND PROVIDE A COPY OF THOSE PROCEDURES, AS AMENDED,
 TO  THE  COMMISSION, for prompt investigation of any complaint on a bill
 for gas, STEAM, or electric service rendered or a deposit  required  and
 for  prompt  reporting to the complainant [of] WITHIN: (I) FIFTEEN BUSI-
 NESS DAYS AFTER the result of such investigation FOR  A  UTILITY  CORPO-
 RATION;  OR  (II) THIRTY BUSINESS DAYS AFTER THE RESULT OF SUCH INVESTI-
 GATION FOR A MUNICIPALITY. [If such] SUCH report [is  made  orally,  the
 utility  corporation  or municipality shall offer the complainant upon a
 written request the opportunity to receive the report in writing]  SHALL
 BE  IN  WRITING AND PROVIDE ALL SUPPORTING DOCUMENTATION; (b) inform any
 complainant [whose complaint is resolved in favor of the utility  corpo-
 ration or municipality, in whole or in part,] of the availability of the
 commission's complaint handling procedures; (c) refrain from terminating
 service for nonpayment so long as a complaint is pending before a utili-
 ty,  municipality  or the commission and for fifteen days thereafter, or
 for such period as  the  commission  for  good  cause  shall  establish;
 provided  however,  that  as a condition of continued service during the
 pendency of any such  dispute,  a  customer  shall  pay  the  undisputed
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03245-01-5
              

 A. 1441                             2
 
 portions  of  any bill for service including bills for current usage, or
 such amounts as the commission determines reasonably reflect the cost of
 usage to such customer; and  (d)  refrain  from  treating  the  disputed
 portion  of any bill as late during the pendency of any complaint before
 the utility or municipality.
   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 investi-
 gation  and  review  and to issue, within ninety days, its final written
 determination of any appeal to it pursuant to this section.] FAILURE  BY
 ANY  UTILITY  CORPORATION  OR  MUNICIPALITY  TO  PROVIDE  A  RESPONSE AS
 PROVIDED BY SUBDIVISION ONE OF THIS SECTION, SHALL INVOKE A PENALTY  OF:
 (A)  ONE  HUNDRED  DOLLARS  PER  BUSINESS DAY FOR EACH BUSINESS DAY THAT
 EXCEEDS THE INITIAL FIFTEEN BUSINESS DAY PERIOD  FOR  A  UTILITY  CORPO-
 RATION;  OR  (B)  TWENTY-FIVE DOLLARS PER BUSINESS DAY FOR EACH BUSINESS
 DAY THAT EXCEEDS THE INITIAL THIRTY BUSINESS DAY PERIOD  FOR  A  MUNICI-
 PALITY.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a  law.  Effective  immediately,  the  addition,  amendment,
 and/or  repeal  of  any  rule  or  regulation necessary to implement the
 provisions of this act on its effective date are authorized and directed
 to be completed on or before such effective date.