NY State Senate Bill 2025-S120A

Senate Bill S120A

2025-2026 Legislative Session

Prohibits termination of electricity or heat service during forecasts of extreme temperatures

download bill text pdf

Current Bill Status - On Floor Calendar

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2025	2nd report cal. amended 120a
Jan 21, 2025	1st report cal.132
Jan 08, 2025	referred to energy and telecommunications

Votes

- Jan 21, 2025 - Energy And Telecommunications Committee Vote
  S120A
  
  8
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Jan 21, 2025
      
      aye (8)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Mattera
      
      May
      
      O'Mara
      
      Parker
      
      Ryan
      
      nay (1)
      
      Walczyk

Bill Amendments

Original

A (Active)

2025-S120 - Details

Law Section:: Public Service Law
Laws Affected:: Amd §32, Pub Serv L
Versions Introduced in 2023-2024 Legislative Session:: S7982

2025-S120 - Summary

Prohibits termination of electricity or heat service during forecasts of more than ninety-five degrees or less than thirty-two degrees.

2025-S120 - Sponsor Memo

                                 
BILL NUMBER: S120

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public service law, in relation to prohibiting
termination of residential utility service during forecasts of extreme
temperature

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is meant to prevent nonpayment utility shutoffs during extreme
weather events which can be dangerous to utility customers' health.

 
SUMMARY OF PROVISIONS:

The public service law is amended to prohibit the shutoff of electricity
during the day or night of a weather forecast of over 95 degrees or
under 32 degrees.

 
JUSTIFICATION:

Existing laws prevent utility services from being shut off for residents
who will suffer severe health or safety impairments.  Generally, this
status requires the submission of a written certification by a medical
practitioner to the utility provider.  However, extreme summer weather
is becoming more common, and many individuals, even those without health
impairments, can become vulnerable to extreme heat.

In July of 2023, New York City saw an extreme heat advisory for several
days, with temperatures reaching 108 degrees.  Heat-exacerbated deaths
have been increasing in the past decade, and in New York City alone, an
estimated 350 New Yorkers die because of heat and heat-related causes
each summer.

A balance due on one's electric or gas bill should not mean New Yorkers
risk their lives during the warmest and coldest days of the year. This
legislation follows the lead of many other state temperature-based
shutoff rules, including Arizona, Georgia, and Illinois, among others.
This legislation will tie the criteria to the National Weather Service
readings to prevent shutoffs during extreme heat and cold forecasts
throughout the state.

 
PRIOR LEGISLATIVE HISTORY:

Passed Senate; 2024. Senate 7982-A.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S120 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    120
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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, in relation to prohibiting
   termination of residential utility service during forecasts of extreme
   temperature
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (c) of subdivision 3 of section 32 of the public
 service law, as added by chapter 713 of the laws of 1981, is amended  to
 read as follows:
   (c)  Special  procedures for cold weather periods. [(i) The commission
 shall establish procedures to be followed by a utility  or  municipality
 supplying  heat related service in cold weather periods. Such procedures
 shall be designed to  identify  and  assist,  prior  to  termination  of
 service,  those residents who may suffer serious impairment to health or
 safety as a result of any such termination. The commission shall  estab-
 lish the applicable cold weather periods; specify criteria for identify-
 ing  residents who are likely to suffer serious impairments, and require
 that such service not be terminated unless a representative of the util-
 ity or municipality makes a diligent effort to contact by  telephone  or
 in  person  an adult resident of the customer's premises at least seven-
 ty-two hours prior to termination, makes a personal visit at the time of
 termination and provides the customer  with  information  regarding  the
 protections  available  under this article. The commission shall provide
 for the manner in which such contacts  and  personal  visits  are  made.
 (ii)]  The  commission  shall  [also]  require a utility or municipality
 supplying service to continue  service  to  customers  where  a  serious
 impairment  to  health or safety is likely to result from termination of
 service and the person supplied is unable because of mental or  physical
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00254-01-5
 S. 120                              2
 
 problems  to  manage  [his  or  her]  THEIR  own resources or to protect
 [himself or herself] THEMSELF from neglect or hazardous situations with-
 out the assistance of others. Doubts  shall  be  resolved  in  favor  of
 continued  service.  Continuations  of  service shall be for a period of
 time to be established by the commission. The commission  shall  consult
 with  the  department  of  social  services and the state office for the
 aging in implementing the provisions of this paragraph.
   § 2. Section 32 of the public service law is amended by adding  a  new
 subdivision 3-a to read as follows:
   3-A.  (A)  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "FORECAST OF
 EXTREME TEMPERATURE" MEANS A NATIONAL WEATHER SERVICE FORECAST OF  NINE-
 TY-FIVE DEGREES FAHRENHEIT OR ABOVE ON THE NATIONAL WEATHER SERVICE HEAT
 INDEX  (APPARENT TEMPERATURE) DURING ANY TIME OF DAY OR NIGHT OR THIRTY-
 TWO DEGREES FAHRENHEIT OR BELOW DURING ANY TIME OF DAY OR NIGHT.
   (B) A UTILITY OR MUNICIPALITY SUPPLYING RESIDENTIAL HEAT OR  ELECTRIC-
 ITY  SHALL  NOT TERMINATE SUCH HEAT OR ELECTRICITY THE DAY OF A FORECAST
 OF EXTREME TEMPERATURE, OR  IF  SUCH  FORECAST  OF  EXTREME  TEMPERATURE
 PRECEDES  A  HOLIDAY  OR  WEEKEND DAY, ON ANY DAY DURING SUCH HOLIDAY OR
 WEEKEND DAY.
   § 3. This act shall take effect immediately.

2025-S120A (ACTIVE) - Details

Law Section:: Public Service Law
Laws Affected:: Amd §32, Pub Serv L
Versions Introduced in 2023-2024 Legislative Session:: S7982

2025-S120A (ACTIVE) - Summary

Prohibits termination of electricity or heat service during forecasts of more than ninety-five degrees or less than thirty-two degrees.

2025-S120A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S120A

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public service law, in relation to prohibiting
termination of residential utility service during forecasts of extreme
temperature

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is meant to prevent nonpayment utility shutoffs during extreme
weather events which can be dangerous to utility customers' health.

 
SUMMARY OF PROVISIONS:

The public service law is amended to prohibit the shutoff of electricity
during the day or night of a weather forecast of over 90 degrees or
under 32 degrees.

 
JUSTIFICATION:

Existing laws prevent utility services from being shut off for residents
who will suffer severe health or safety impairments.  Generally, this
status requires the submission of a written certification by a medical
practitioner to the utility provider.  However, extreme summer weather
is becoming more common, and many individuals, even those without health
impairments, can become vulnerable to extreme heat.

In July of 2023, New York City saw an extreme heat advisory for several
days, with temperatures reaching 108 degrees.  Heat-exacerbated deaths
have been increasing in the past decade, and in New York City alone, an
estimated 350 New Yorkers die because of heat and heat-related causes
each summer.

A balance due on one's electric or gas bill should not mean New Yorkers
risk their lives during the warmest and coldest days of the year. This
legislation follows the lead of many other state temperature-based
shutoff rules, including Arizona, Georgia, and Illinois, among others.
This legislation will tie the criteria to the National Weather Service
readings to prevent shutoffs during extreme heat and cold forecasts
throughout the state.

 
PRIOR LEGISLATIVE HISTORY:

Passed Senate; 2024. Senate 7982-A.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S120A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  120--A
     Cal. No. 132
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  reported  favorably from said committee, ordered to first
   report, amended on first  report,  ordered  to  a  second  report  and
   ordered reprinted, retaining its place in the order of second report
 
 AN  ACT  to  amend  the  public  service law, in relation to prohibiting
   termination of residential utility service during forecasts of extreme
   temperature
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (c) of subdivision 3 of section 32 of the public
 service law, as added by chapter 713 of the laws of 1981, is amended  to
 read as follows:
   (c)  Special  procedures for cold weather periods. [(i) The commission
 shall establish procedures to be followed by a utility  or  municipality
 supplying  heat related service in cold weather periods. Such procedures
 shall be designed to  identify  and  assist,  prior  to  termination  of
 service,  those residents who may suffer serious impairment to health or
 safety as a result of any such termination. The commission shall  estab-
 lish the applicable cold weather periods; specify criteria for identify-
 ing  residents who are likely to suffer serious impairments, and require
 that such service not be terminated unless a representative of the util-
 ity or municipality makes a diligent effort to contact by  telephone  or
 in  person  an adult resident of the customer's premises at least seven-
 ty-two hours prior to termination, makes a personal visit at the time of
 termination and provides the customer  with  information  regarding  the
 protections  available  under this article. The commission shall provide
 for the manner in which such contacts  and  personal  visits  are  made.
 (ii)]  The  commission  shall  [also]  require a utility or municipality
 supplying service to continue  service  to  customers  where  a  serious
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00254-02-5
 S. 120--A                           2
 
 impairment  to  health or safety is likely to result from termination of
 service and the person supplied is unable because of mental or  physical
 problems  to  manage  [his  or  her]  THEIR  own resources or to protect
 [himself or herself] THEMSELF from neglect or hazardous situations with-
 out  the  assistance  of  others.  Doubts  shall be resolved in favor of
 continued service. Continuations of service shall be  for  a  period  of
 time  to  be established by the commission. The commission shall consult
 with the department of social services and  the  state  office  for  the
 aging in implementing the provisions of this paragraph.
   §  2.  Section 32 of the public service law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM  "FORECAST  OF
 EXTREME TEMPERATURE" MEANS A NATIONAL WEATHER SERVICE FORECAST OF NINETY
 DEGREES  FAHRENHEIT  OR ABOVE ON THE NATIONAL WEATHER SERVICE HEAT INDEX
 (APPARENT TEMPERATURE) DURING ANY TIME OF DAY  OR  NIGHT  OR  THIRTY-TWO
 DEGREES FAHRENHEIT OR BELOW DURING ANY TIME OF DAY OR NIGHT.
   (B)  A UTILITY OR MUNICIPALITY SUPPLYING RESIDENTIAL HEAT OR ELECTRIC-
 ITY SHALL NOT TERMINATE SUCH HEAT OR ELECTRICITY THE DAY OF  A  FORECAST
 OF  EXTREME  TEMPERATURE,  OR  IF  SUCH  FORECAST OF EXTREME TEMPERATURE
 PRECEDES A HOLIDAY OR WEEKEND DAY, ON ANY DAY  DURING  SUCH  HOLIDAY  OR
 WEEKEND DAY.
   (C)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE INTERPRETED OR OTHERWISE
 CONSTRUED  AS  PREEMPTING  SETTLEMENTS FILED WITH  THE   COMMISSION   OR
 DEPARTMENT  THAT  ARE  MORE STRICT THAN THOSE CONTAINED IN THIS SUBDIVI-
 SION.
   § 3. This act shall take effect immediately.

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