S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2604
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2025
                                ___________
 
 Introduced  by  M.  of  A.  SAYEGH,  SEAWRIGHT, DeSTEFANO, SANTABARBARA,
   TAGUE, SHIMSKY, SLATER, K. BROWN -- Multi-Sponsored by  --  M.  of  A.
   DURSO,  MILLER  --  read  once and referred to the Committee on Corpo-
   rations, Authorities and Commissions
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04270-01-5
 A. 2604                             2
              

 
   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.
   § 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.