NY State Senate Bill 2025-S5690

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 27, 2025	referred to energy and telecommunications

2025-S5690 (ACTIVE) - Details

See Assembly Version of this Bill:: A6542
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§2, 32, 33 & 34, Pub Serv L
Versions Introduced in 2023-2024 Legislative Session:: A10171

2025-S5690 (ACTIVE) - Summary

Protects residential customers from utility service shutoffs due to non-payment during summer and winter periods of extreme heat or cold; allows such utility services to be discontinued for non-payment outside such periods; requires an annual report to be submitted to the governor and legislature and posted publicly online.

2025-S5690 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5690

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the public service law, in relation to enacting the
"utility shutoff protection act"

 
PURPOSE:

To establish a universal ban on utility disconnections during the summer
and winter seasons.

 
SUMMARY OF PROVISIONS:

Section 1 lists the title of the bill as the "Utility Shutoff Protection
Act."

Section 2 outlines the legislative findings.

Section 3 amends section 2 of the public service law by adding key defi-
nitions, including identifying the scope of the summer protection season

(May 1- August 31) and the winter protection season (December 1 - Febru-
ary 28).

Section 4 amends section 32 of the public service law by adding a new
subdivision 7 to:

*Prohibit utilities and municipalities from terminating service to any
residential customer for nonpayment of bills from May 1 through August
31.

*Prohibit utilities and municipalities from terminating service to any
residential customer for nonpayment of bills from December 1 through
February 28 of the following calendar year.

*By the first day of each summer and winter protection season, require
utilities and municipalities to restore service to any residence that
remains disconnected for nonpayment.

*Prohibits utility corporations and municipalities from assessing penal-
ties or late fees that would accrue as result of a customer failing to
make a timely payment during summer and winter protection seasons.

*Direct the Public Service Commission to establish regulations that (i)
ensure that residents are firmly protected from any utility rate
increases that a utility may propose as a result of these protection
seasons, and (ii) provide special procedures for disconnecting customers
at the end of the protection seasons.

*Requires a report to be made available to the legislature and the
public.

Section 5 amends section 33 of the public service law by adding a new
subdivision 6.

Section 6 amends section 34 of the public service law by adding a new
subdivision 5.

Section 7 sets the effective date.

 
JUSTIFICATION:

New York's utility shutoff moratorium during the COVID-19 pandemic
provided crucial relief for millions of households, enabling zero utili-
ty shutoffs in 2021. But the expiration of this moratorium-absent any
accompanying legislation to curb utility companies' record high gas and
electricity rates-has left New York residents extremely vulnerable to
having their power cut off for nonpayment. According to-NY Department of
Public Service (DPS) data, more than 180,000 New York households experi-
enced gas or electricity shutoffs for nonpayment in 2023.

This legislation would establish a universal ban on gas and electricity
shutoffs during parts of the summer (May 1 - August 31) and the winter
(December 1 - February 28). Based on DPS data, these protection seasons
would provide temporary relief for more than 130,000 households every
year.

This act serves as an expansion of existing residential utility
protections in New York State. Currently, residential service cannot be
terminated for nonpayment Friday through Sunday, on public holidays, the
day before a holiday, or on a day before the utility business is closed.
New York also bans utility shutoffs during the two-week period that
includes Christmas and New Year's Day.  Altogether, State law protects
residents from utility shutoffs between 170 and 180 calendar days, or
about 50 percent of the year.

Additionally, every utility regulated by the Public Service Commission
(PSC) already follows certain seasonal and temperature-based
restrictions on disconnecting residents. During the statutory "cold
weather period" (November 1 - April 15), four major Hudson, Orange &
Rockland, NYSEG, and RG&E-will not disconnect residents when the local
high temperature is forecasted at 32 F or lower, while Con Edison
observes the same protection all year round. All utilities suspend resi-
dential disconnections when the local heat index is forecasted to reach
a certain threshold: NYSEG and RG&E at 85 F, Con Edison at Central
Hudson at 93 F, and National Grid and Orange & Rockland at 95 F. Con
Edison also residential disconnections one day before and the next two
days after the heat index reaches 90 F.

This legislation provides much-needed coherence and predictability to
the presently scattered landscape of private residential shutoff poli-
cies. Con Edison, which serves most of New York City and Westchester
County, already suspends residential shutoffs on 204 calendar days per
year, on average, based on National Weather Service data. Notably, this
includes 64 percent of the proposed summer protection season and 58
percent of the proposed winter moratoria.  But National Grid-the primary
utility provider in Upstate New York that serves 2.2 million customers
in Buffalo, Syracuse, Albany, and most of the Mohawk Valley and the
North Country---lacks any shutoff protection during colder weather.

New York residents' safety during the hottest and coldest months of the
year should never depend on where they live or who their energy provider
is.

Finally, this act aligns with the surge in utility shutoff moratoria
nationwide, as the climate crisis continues to accelerate the frequency
and severity of extreme weather. According to a 2023 Congressional
Research Service report, 32 U.S. states have already enacted some level
of seasonal utility shutoff protections.  Wisconsin's "annual winter
moratorium" bans residential gas or electric utility disconnections from
November 1 to April 15, while Illinois similarly prohibits shutting off
residential power or heat from December 1 to March 31.

 
FISCAL IMPLICATIONS:

TBD.

 
LEGISLATIVE HISTORY:

New Bill.

 
EFFECTIVE DATE:
The act shall take effect on the ninetieth day after it shall have
become a law.

2025-S5690 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5690
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2025
                                ___________
 
 Introduced  by  Sen.  BROUK  -- 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 enacting the
   "utility shutoff protection act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "utility
 shutoff protection act".
   § 2. Legislative findings. The legislature finds and declares that:
   1. It is the duty of the legislature to ensure that New York residents
 are protected from utility disconnections for nonpayment during  periods
 of  extreme heat or cold, when they would be relying on air conditioning
 or heating the most.
   2. New York's utility shutoff moratorium during the COVID-19  pandemic
 provided crucial relief for millions of households, enabling zero utili-
 ty  shutoffs  in  2021, but the expiration of this COVID-19 moratorium -
 absent any accompanying legislation to curb  utility  companies'  record
 high  gas and electricity rates - has left New York residents at risk of
 having their power cut off for nonpayment. According to NY Department of
 Public Service (DPS) data, more than 180,000 New York households experi-
 enced gas or electricity shutoffs for nonpayment in 2023.
   3. This act serves as an expansion  of  existing  residential  utility
 protections  in New York state. Residential service cannot be terminated
 for nonpayment Friday through Sunday, on public holidays, the day before
 a holiday, or on a day before the utility business office is closed. New
 York also bans utility shutoffs during the two-week period that includes
 Christmas and New Year's Day. Altogether, state law  protects  residents
 from  utility  shutoffs  between  170 and 180 calendar days, or about 50
 percent of the year.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00373-02-5
 S. 5690                             2

 
   4. This legislation provides much-needed coherence and  predictability
 to  the  presently  scattered  landscape  of private residential shutoff
 policies. Every utility  regulated  by  the  Public  Service  Commission
 (hereinafter,  "the  commission")  already  follows certain seasonal and
 temperature-based  restrictions  on  disconnecting  residents, but these
 policies vary dramatically across companies. Con  Edison,  which  serves
 most  of New York city and Westchester county, already suspends residen-
 tial shutoffs on 204 calendar  days  per  year,  on  average,  based  on
 National  Weather  Service  data.  But National Grid-the primary utility
 provider in upstate New  York  that  serves  2.2  million  customers  in
 Buffalo,  Syracuse,  Albany, and most of the Mohawk valley and the north
 country-lacks any shutoff protection during  colder  weather.  New  York
 residents'  safety  during  the  hottest  and coldest months of the year
 should never depend on where they live or who their energy provider is.
   5.  Finally, this act aligns with the surge in utility shutoff morato-
 ria nationwide, as  the  climate  crisis  continues  to  accelerate  the
 frequency  and severity of extreme weather. According to a 2023 Congres-
 sional Research Service report, 32 U.S. states have already enacted some
 level of  seasonal  utility  shutoff  protections.  Wisconsin's  "annual
 winter  moratorium"  bans  residential  gas  or electric utility discon-
 nections from November 1 to April 15, while Illinois similarly prohibits
 utilities from shutting off residential power or heat from December 1 to
 March 31.
   § 3. Section 2 of the public service law is amended by adding two  new
 subdivisions 30 and 31 to read as follows:
   30.  THE  TERM  "SUMMER PROTECTION SEASON", WHEN USED IN THIS CHAPTER,
 SHALL MEAN THE PERIOD BEGINNING UPON THE FIRST OF MAY  AND  ENDING  UPON
 THE THIRTY-FIRST OF AUGUST IN EACH YEAR.
   31.  THE  TERM  "WINTER PROTECTION SEASON", WHEN USED IN THIS CHAPTER,
 SHALL MEAN THE PERIOD BEGINNING UPON THE FIRST OF DECEMBER OF EACH  YEAR
 AND ENDING UPON THE TWENTY-EIGHTH OF FEBRUARY OF THE FOLLOWING YEAR.
   §  4.  Subdivision 6 of section 32 of the public service law is renum-
 bered subdivision 7 and a new subdivision 6 is added to read as follows:
   6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION,
 NO RESIDENTIAL UTILITY SERVICE SHALL BE TERMINATED BY A  UTILITY  CORPO-
 RATION  OR  MUNICIPALITY  FOR  NONPAYMENT  DURING  ANY SUMMER PROTECTION
 SEASON OR WINTER PROTECTION SEASON.
   (B) BY THE FIRST DAY OF EVERY  SUMMER  PROTECTION  SEASON  AND  WINTER
 PROTECTION  SEASON,  AND  CONTINUING  THROUGH  THE LAST DAY OF EACH SUCH
 PROTECTION SEASON, UTILITY CORPORATIONS AND MUNICIPALITIES SHALL RESTORE
 ALL RESIDENTIAL UTILITY SERVICES THAT WERE  OTHERWISE  DISCONTINUED  FOR
 NONPAYMENT.  SUCH  UTILITY  CORPORATIONS  AND  MUNICIPALITIES  SHALL NOT
 CHARGE RESIDENTIAL CUSTOMERS ANY FEE FOR SUCH RESTORATION OF RESIDENTIAL
 UTILITY SERVICES. FURTHER, SUCH UTILITY CORPORATIONS AND  MUNICIPALITIES
 SHALL BE PROHIBITED FROM ASSESSING ANY PENALTIES OR LATE FEES THAT WOULD
 ACCRUE  DURING  EVERY  SUMMER  PROTECTION  SEASON  AND WINTER PROTECTION
 SEASON WHERE A RESIDENTIAL CUSTOMER FAILS TO  MAKE  TIMELY  PAYMENT  FOR
 RESIDENTIAL UTILITY SERVICES.
   (C)  (I) THE COMMISSION SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY,
 CONTAINING  THE  FOLLOWING  INFORMATION  RELATED  TO RESIDENTIAL UTILITY
 SHUTOFFS: (1) A DISTRIBUTION OF RESIDENTIAL UTILITY  TERMINATIONS  BASED
 ON HOUSEHOLD INCOME, AGE, AND GEOGRAPHIC LOCATION; (2) A DISTRIBUTION OF
 THE  LENGTH OF TIME FOR RECONNECTING DISCONNECTED HOUSEHOLDS, AS WELL AS
 THE COST OF DEFERRED PAYMENT PLANS IN FURTHERANCE OF SUCH  RECONNECTION;
 (3)  DATA ON THE HEALTH, SAFETY, AND FINANCIAL CONSEQUENCES THAT UTILITY
 S. 5690                             3
 
 TERMINATIONS HAVE ON RESIDENTS; AND (4) ANY OTHER INFORMATION  THAT  THE
 COMMISSION DEEMS APPROPRIATE.
   (II)  TO  OBTAIN  ACCURATE DATA, THE COMMISSION SHALL ESTABLISH PROCE-
 DURES EXPANDING THE REPORTING REQUIREMENTS OF UTILITY  CORPORATIONS  AND
 MUNICIPALITIES  TO  INCLUDE  THE INFORMATION REQUIRED UNDER SUBPARAGRAPH
 (I) OF THIS PARAGRAPH.
   (III) THE COMMISSION SHALL MAKE THE REPORT CREATED UNDER  SUBPARAGRAPH
 (I) OF THIS PARAGRAPH PUBLICLY AVAILABLE ON ITS WEBSITE.
   (D)  THE  COMMISSION SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO:
   (I) IMPLEMENT THE PROVISIONS OF PARAGRAPHS (A), (B) AND  (C)  OF  THIS
 SUBDIVISION;
   (II)  PROHIBIT UTILITY CORPORATIONS AND MUNICIPALITIES FROM INCREASING
 THE COSTS OF ANY RESIDENTIAL UTILITY SERVICE AS A RESULT  OF  COMPLIANCE
 WITH THIS SECTION; AND
   (III) ESTABLISH PROCEDURES FOR UTILITY CORPORATIONS AND MUNICIPALITIES
 DISCONTINUING  ANY  RESIDENTIAL UTILITY SERVICES FOR NONPAYMENT UPON THE
 CONCLUSION OF SUMMER PROTECTION SEASONS AND WINTER PROTECTION SEASONS.
   (E) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO WAIVE A RESIDEN-
 TIAL CUSTOMER'S OBLIGATION TO MAKE TIMELY PAYMENT FOR RESIDENTIAL UTILI-
 TY SERVICES, OR ANY PAYMENT FOR ARREARS.
   (F) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY  NON-RE-
 SIDENTIAL UTILITY SERVICES.
   §  5.  Section 33 of the public service law is amended by adding a new
 subdivision 6 to read as follows:
   6. THE PROVISIONS OF SUBDIVISION SIX OF  SECTION  THIRTY-TWO  OF  THIS
 ARTICLE  SHALL  APPLY  TO ANY MULTIPLE DWELLING OTHERWISE SUBJECT TO THE
 PROVISIONS OF THIS SECTION.
   § 6. Section 34 of the public service law is amended by adding  a  new
 subdivision 5 to read as follows:
   5.  THE  PROVISIONS  OF  SUBDIVISION SIX OF SECTION THIRTY-TWO OF THIS
 ARTICLE SHALL APPLY TO ANY TWO FAMILY DWELLING OTHERWISE SUBJECT TO  THE
 PROVISIONS OF THIS SECTION.
   §  7.  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  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S5690

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2025-S5690 (ACTIVE) - Details

2025-S5690 (ACTIVE) - Summary

2025-S5690 (ACTIVE) - Sponsor Memo

2025-S5690 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5690

Share this bill

Sponsored By

Samra G. Brouk

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2025-S5690 (ACTIVE) - Details

2025-S5690 (ACTIVE) - Summary

2025-S5690 (ACTIVE) - Sponsor Memo

2025-S5690 (ACTIVE) - Bill Text download pdf

Comments