S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    168
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM,  SANTABARBARA  --  read once and
   referred to the Committee on Energy
 
 AN ACT to amend the public service law, in  relation  to  requiring  the
   establishment of automatic payment plans

   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
 37-a to read as follows:
   § 37-A. UTILITY AUTOMATIC PAYMENT PLANS. 1.  WITHIN ONE HUNDRED EIGHTY
 DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, THE COMMISSION IS AUTHORIZED AND DIRECTED  TO  REQUIRE
 UTILITY  COMPANIES  TO  PROVIDE  ELIGIBLE  PARTICIPANTS  WITH AFFORDABLE
 PAYMENT PLANS. UTILITY COMPANIES SHALL AUTOMATICALLY PROVIDE APPROPRIATE
 PAYMENT PLANS TO QUALIFYING LOW INCOME INDIVIDUALS WHO PROVIDE  DOCUMEN-
 TATION OF THEIR ELIGIBILITY STATUS. ENROLLMENT SHALL BE AVAILABLE AT ANY
 TIME  DURING THE YEAR. FOR THE PURPOSES OF THIS SECTION, "UTILITY COMPA-
 NY" SHALL MEAN A UTILITY COMPANY THAT PROVIDES ELECTRIC, GAS,  OR  STEAM
 SERVICE.
   2.  (A)  A  UTILITY  COMPANY  WHICH OFFERS SUCH A PAYMENT PLAN PROGRAM
 SHALL CONSPICUOUSLY ADVERTISE THE  AVAILABILITY  OF  SUCH  PLAN  ON  THE
 WEBSITE OF SUCH UTILITY COMPANY.
   (B)  THE COMMISSION SHALL ALSO CREATE A MECHANISM BY WHICH AN INDIVID-
 UAL'S DOCUMENTATION IS SUBMITTED AND REASONABLY AND PROMPTLY REVIEWED BY
 A UTILITY COMPANY FOR QUALIFICATION AS PROPER DOCUMENTATION OF THE INDI-
 VIDUAL'S ELIGIBILITY STATUS. SUCH MECHANISM SHALL ALSO PROVIDE FOR ELEC-
 TRONIC SUBMISSION OF DOCUMENTATION.
   3. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
 PAYMENT PLAN IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES  DOCUMENTATION  OF
 ELIGIBILITY FOR ANY OF THE FOLLOWING PROGRAMS:
   (A) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (FAMILY ASSISTANCE);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00014-01-5
 A. 168                              2
 
   (B) SAFETY NET ASSISTANCE (PUBLIC ASSISTANCE);
   (C) SUPPLEMENTAL SECURITY INCOME (SSI);
   (D) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP);
   (E) VETERANS DISABILITY PENSION AND SURVIVORS BENEFITS;
   (F) CHILD HEALTH PLUS;
   (G) LIFELINE;
   (H) HOME ENERGY ASSISTANCE PROGRAM (HEAP);
   (I) DIRECT VENDOR OR UTILITY GUARANTEE;
   (J) SOCIAL SECURITY DISABILITY INSURANCE (SSDI);
   (K) EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP);
   (L) MEDICAID;
   (M) FEDERAL PUBLIC HOUSING ASSISTANCE;
   (N) BUREAU OF INDIAN AFFAIRS GENERAL ASSISTANCE;
   (O) HEAD START;
   (P) TRIBAL TANF;
   (Q) FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATION (FDPIR); AND
   (R)  ANY  OTHER  INCOME-BASED  ASSISTANCE  PROGRAM  IDENTIFIED  BY THE
 COMMISSION AND/OR THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
   4. (A) WHEN DEVISING PAYMENT PLANS, THE UTILITY COMPANY SHALL CONSIDER
 THE CIRCUMSTANCES AND FINANCIAL CONDITION OF THE CUSTOMER INCLUDING:
   (I) THE AMOUNT DUE, IF ANY, ON THE ACCOUNT;
   (II) THE CUSTOMER'S ABILITY TO PAY;
   (III) THE CUSTOMER'S PAYMENT HISTORY;
   (IV) THE ANTICIPATED ENERGY ASSISTANCE BENEFITS FOR WHICH THE CUSTOMER
 MAY BE ELIGIBLE;
   (V) THE CIRCUMSTANCES WHICH RESULTED IN THE PAST DUE BILLS;
   (VI) HARDSHIPS WHICH MAY RESULT FROM THE LACK OF  UTILITY  SERVICE  TO
 THE CUSTOMER; AND
   (VII)  ANY  OTHER RELEVANT FACTORS RELATED TO THE CIRCUMSTANCES OF THE
 CUSTOMER.
   (B) A UTILITY COMPANY SHALL PERMIT EACH CUSTOMER A PERIOD OF NOT  LESS
 THAN  TWENTY-ONE  DAYS  FROM  THE DATE THE BILL WAS SENT TO PAY IN FULL,
 UNLESS THE CUSTOMER AND THE UTILITY COMPANY AGREE  ON  A  DIFFERENT  DUE
 DATE.  A  UTILITY  COMPANY  SHALL  NOT  WITHDRAW FUNDS FROM A CUSTOMER'S
 ACCOUNT BEFORE THE DUE DATE IN CASES WHERE A CUSTOMER USES AN  AUTOMATIC
 BILL PAYMENT PLAN UNLESS THE CUSTOMER AGREES TO A DIFFERENT PERIOD.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.