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.