S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  904--A
     Cal. No. 141
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens. GONZALEZ, BRISPORT, HINCHEY, SALAZAR, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on Energy and Telecommunications -- reported favorably from
   said committee and committed to the Committee  on  Rules  --  reported
   favorably  from  said committee, ordered to a third reading, passed by
   Senate and delivered to the  Assembly,  recalled,  vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 AN ACT to amend the public service law, in relation  to  termination  of
   certain  utility  services and to reports on investigatory proceedings
   relating to gas, electric, and steam service
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer utility protections  during  investigations  act"  or  the
 "CUPDI act".
   §  2.  Section  2 of the public service law is amended by adding a new
 subdivision 30 to read as follows:
   30. "FINAL DETERMINATION" OR "FINALLY  DETERMINED"  MEANS  A  JUDICIAL
 DECISION: (I) BY THE HIGHEST COURT OF COMPETENT JURISDICTION; OR (II) BY
 A  COURT  OF  COMPETENT JURISDICTION FROM WHICH NO APPEAL HAS BEEN TAKEN
 AND THE TIME WITHIN WHICH TO APPEAL HAS EXPIRED.
   § 3. The public service law is amended by adding a new section  54  to
 read as follows:
   §  54.  INVESTIGATIONS RELATING TO RESIDENTIAL GAS, ELECTRIC AND STEAM
 UTILITY SERVICE. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "INVESTI-
 GATION" SHALL MEAN A FORMAL PROCEEDING CONDUCTED BY  THE  COMMISSION  TO
 EXAMINE  THE  BILLING, RATES, OR CHARGES OF A UTILITY CORPORATION OR ANY
 PROCEEDING DURING WHICH THE COMMISSION DEEMS IT APPROPRIATE TO PAUSE THE
 CHARGES DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.  THE TERM  "INVES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00509-03-5
 S. 904--A                           2
 
 TIGATION"  SHALL  INCLUDE SUCH PROCEEDINGS CONDUCTED PURSUANT TO SECTION
 SEVENTY-ONE OF THIS CHAPTER. NOTWITHSTANDING ANYTHING TO  THE  CONTRARY,
 THE  TERM  "INVESTIGATION"  SHALL NOT INCLUDE COMMISSION INQUIRIES TRIG-
 GERED  BY  AN  INDIVIDUAL  CUSTOMER  COMPLAINT FILED PURSUANT TO SECTION
 FORTY-THREE OF THIS ARTICLE.
   2. (A) A UTILITY CORPORATION SHALL NOT IMPOSE LATE FEES,  INTEREST  OR
 PENALTIES  DURING  AN  INVESTIGATION  IF SUCH UTILITY CORPORATION IS THE
 SUBJECT OF A PENDING INVESTIGATION, PROVIDED  HOWEVER,  THAT  SUCH  LATE
 FEES, INTEREST AND PENALTIES MAY BE IMPOSED RETROACTIVELY IF SUCH INVES-
 TIGATION  IS  ISSUED A FINAL ORDER IN FAVOR OF SUCH UTILITY CORPORATION.
 SUCH LATE PAYMENT CHARGES SHALL BE IN COMPLIANCE WITH THE GUIDELINES SET
 FORTH IN SECTION FORTY-TWO OF THIS ARTICLE.
   (B) UPON THE FINAL DETERMINATION OR BY THE ISSUANCE OF A FINAL  ORDER,
 OF  ANY  INVESTIGATION  COVERED  BY  THIS  SECTION, THE COMMISSION SHALL
 EITHER (I) DETERMINE ANY ALLOWABLE PENALTIES THE UTILITY CORPORATION MAY
 IMPOSE UPON ITS CUSTOMERS, OR (II) WAIVE, OR PARTIALLY WAIVE, ANY INTER-
 EST OR FEES CHARGED BY THE UTILITY CORPORATION TO THE CONSUMER  ON  SUCH
 CONSUMER'S  BILLING  STATEMENTS DURING A PERIOD SUCH UTILITY CORPORATION
 DETERMINES TO BE RELATED TO SUCH INVESTIGATION.
   3. NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO  THE
 CONTRARY,  UTILITY  SERVICE  SHALL  NOT  BE  TERMINATED  TO  RESIDENTIAL
 ACCOUNTS FOR NON-PAYMENT OF AN OVERDUE CHARGE FROM THE  COMMENCEMENT  OF
 ANY  COMMISSION  INVESTIGATION  UNTIL  ONE HUNDRED TWENTY DAYS AFTER THE
 FINDINGS OF SUCH INVESTIGATION HAVE BEEN PUBLISHED AND  A  DETERMINATION
 HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION SHALL PROHIB-
 IT A UTILITY CORPORATION FROM DISCONNECTING SERVICE NECESSARY TO PROTECT
 THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC.
   4.  (A)  WITHIN  TEN DAYS OF THE COMMENCEMENT OF AN INVESTIGATION, THE
 UTILITY CORPORATION SHALL NOTIFY RESIDENTIAL CUSTOMERS OF SUCH  INVESTI-
 GATION.  FORMS OF NOTIFICATION OF AN INVESTIGATION FROM A UTILITY CORPO-
 RATION TO A RESIDENTIAL CUSTOMER SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 LETTERS,  NOTICES  ON  UTILITY BILLS, PHONE CALLS, AND NOTICES POSTED ON
 THE UTILITY CORPORATION'S WEBSITE.
   (B) WITHIN THREE DAYS OF THE COMMENCEMENT  OF  AN  INVESTIGATION,  THE
 DEPARTMENT  SHALL  POST  A NOTICE TO THE GENERAL PUBLIC OF SUCH INVESTI-
 GATION ON ITS WEBSITE.
   § 4. The public service law is amended by adding a new section 77-a to
 read as follows:
   § 77-A. INVESTIGATIONS RELATING TO COMMERCIAL GAS AND ELECTRIC UTILITY
 SERVICE. 1. FOR THE PURPOSES OF THIS SECTION, THE  TERM  "INVESTIGATION"
 SHALL  MEAN  A  FORMAL PROCEEDING CONDUCTED BY THE COMMISSION TO EXAMINE
 THE BILLING, RATES, OR CHARGES OF A UTILITY CORPORATION OR ANY  PROCEED-
 ING DURING WHICH THE COMMISSION DEEMS IT APPROPRIATE TO PAUSE THE CHARG-
 ES  DESCRIBED  IN  SUBDIVISION  TWO OF THIS SECTION.  THE TERM "INVESTI-
 GATION" SHALL INCLUDE SUCH PROCEEDINGS  CONDUCTED  PURSUANT  TO  SECTION
 SEVENTY-ONE  OF THIS ARTICLE.  NOTWITHSTANDING ANYTHING TO THE CONTRARY,
 THE TERM "INVESTIGATION" SHALL NOT INCLUDE  COMMISSION  INQUIRIES  TRIG-
 GERED  BY  AN  INDIVIDUAL  CUSTOMER  COMPLAINT FILED PURSUANT TO SECTION
 FORTY-THREE OF THIS CHAPTER.
   2. (A) A UTILITY CORPORATION SHALL NOT IMPOSE LATE FEES,  INTEREST  OR
 PENALTIES  DURING  AN  INVESTIGATION  IF SUCH UTILITY CORPORATION IS THE
 SUBJECT OF A PENDING INVESTIGATION, PROVIDED  HOWEVER,  THAT  SUCH  LATE
 FEES, INTEREST AND PENALTIES MAY BE IMPOSED RETROACTIVELY IF SUCH INVES-
 TIGATION  IS  ISSUED A FINAL ORDER IN FAVOR OF SUCH UTILITY CORPORATION.
 SUCH LATE PAYMENT CHARGES SHALL BE IN COMPLIANCE WITH THE GUIDELINES SET
 FORTH IN SECTION SIXTY-FIVE OF THIS ARTICLE.
 S. 904--A                           3
 
   (B) UPON THE FINAL DETERMINATION OR BY THE ISSUANCE OF A FINAL  ORDER,
 OF  ANY  INVESTIGATION  COVERED  BY  THIS  SECTION, THE COMMISSION SHALL
 EITHER (I) DETERMINE ANY ALLOWABLE PENALTIES THE UTILITY CORPORATION MAY
 IMPOSE UPON ITS CUSTOMERS, OR (II) WAIVE, OR PARTIALLY WAIVE, ANY INTER-
 EST  OR FEES CHARGED BY SUCH UTILITY CORPORATION TO THE CONSUMER ON SUCH
 CONSUMER'S BILLING STATEMENTS DURING A PERIOD SUCH  UTILITY  CORPORATION
 DETERMINES TO BE RELATED TO SUCH INVESTIGATION.
   3.  NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY,  UTILITY  SERVICE  SHALL  NOT  BE  TERMINATED  TO  RESIDENTIAL
 ACCOUNTS  FOR  NON-PAYMENT OF AN OVERDUE CHARGE FROM THE COMMENCEMENT OF
 ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED  TWENTY  DAYS  AFTER  THE
 FINDINGS  OF  SUCH INVESTIGATION HAVE BEEN PUBLISHED AND A DETERMINATION
 HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION SHALL PROHIB-
 IT A UTILITY CORPORATION FROM DISCONNECTING SERVICE NECESSARY TO PROTECT
 THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC.
   4. (A) WITHIN TEN DAYS OF THE COMMENCEMENT OF  AN  INVESTIGATION,  THE
 UTILITY  CORPORATION SHALL NOTIFY RESIDENTIAL CUSTOMERS OF SUCH INVESTI-
 GATION. FORMS OF NOTIFICATION OF AN INVESTIGATION FROM A UTILITY  CORPO-
 RATION  TO  A RESIDENTIAL CUSTOMER SHALL INCLUDE, BUT NOT BE LIMITED TO,
 LETTERS, NOTICES ON UTILITY BILLS, PHONE CALLS, AND  NOTICES  POSTED  ON
 THE UTILITY CORPORATION'S WEBSITE.
   (B)  WITHIN  THREE  DAYS  OF THE COMMENCEMENT OF AN INVESTIGATION, THE
 DEPARTMENT SHALL POST A NOTICE TO THE GENERAL PUBLIC  OF  SUCH  INVESTI-
 GATION ON ITS WEBSITE.
   § 5. The public service law is amended by adding a new section 85-a to
 read as follows:
   §  85-A.  INVESTIGATIONS RELATING TO COMMERCIAL STEAM UTILITY SERVICE.
 1.  FOR THE PURPOSES OF THIS SECTION,  THE  TERM  "INVESTIGATION"  SHALL
 MEAN  A  FORMAL  PROCEEDING  CONDUCTED  BY THE COMMISSION TO EXAMINE THE
 BILLING, RATES, OR CHARGES, OF A UTILITY CORPORATION OR  ANY  PROCEEDING
 DURING  WHICH  THE  COMMISSION DEEMS IT APPROPRIATE TO PAUSE THE CHARGES
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. THE  TERM  "INVESTIGATION"
 SHALL INCLUDE SUCH PROCEEDINGS CONDUCTED PURSUANT TO SECTION SEVENTY-ONE
 OF  THIS  CHAPTER.    NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE TERM
 "INVESTIGATION" SHALL NOT INCLUDE COMMISSION INQUIRIES TRIGGERED  BY  AN
 INDIVIDUAL  CUSTOMER  COMPLAINT FILED PURSUANT TO SECTION FORTY-THREE OF
 THIS CHAPTER.
   2. (A) A UTILITY CORPORATION SHALL NOT IMPOSE LATE FEES, INTEREST,  OR
 PENALTIES  DURING  AN  INVESTIGATION  IF SUCH UTILITY CORPORATION IS THE
 SUBJECT OF A PENDING INVESTIGATION, PROVIDED  HOWEVER,  THAT  SUCH  LATE
 FEES, INTEREST AND PENALTIES MAY BE IMPOSED RETROACTIVELY IF SUCH INVES-
 TIGATION  IS  ISSUED A FINAL ORDER IN FAVOR OF SUCH UTILITY CORPORATION.
 SUCH LATE PAYMENT CHARGES SHALL BE IN COMPLIANCE WITH  SECTION  SEVENTY-
 NINE OF THIS ARTICLE.
   (B)  UPON THE FINAL DETERMINATION OR BY THE ISSUANCE OF A FINAL ORDER,
 OF ANY INVESTIGATION COVERED  BY  THIS  SECTION,  THE  COMMISSION  SHALL
 EITHER (I) DETERMINE ANY ALLOWABLE PENALTIES THE UTILITY CORPORATION MAY
 IMPOSE UPON ITS CUSTOMERS, OR (II) WAIVE, OR PARTIALLY WAIVE, ANY INTER-
 EST  OR  FEES CHARGED BY THE UTILITY CORPORATION TO THE CONSUMER ON SUCH
 CONSUMER'S BILLING STATEMENTS DURING A PERIOD SUCH  UTILITY  CORPORATION
 DETERMINES TO BE RELATED TO SUCH INVESTIGATION.
   3.  NOTWITHSTANDING ANY LAW, RULE, REGULATION, ORDER, OR TARIFF TO THE
 CONTRARY,  UTILITY  SERVICE  SHALL  NOT  BE  TERMINATED  TO  RESIDENTIAL
 ACCOUNTS  FOR  NON-PAYMENT OF AN OVERDUE CHARGE FROM THE COMMENCEMENT OF
 ANY COMMISSION INVESTIGATION UNTIL ONE HUNDRED  TWENTY  DAYS  AFTER  THE
 FINDINGS  OF  SUCH INVESTIGATION HAVE BEEN PUBLISHED AND A DETERMINATION
 S. 904--A                           4
 
 HAS BEEN ISSUED BY THE COMMISSION. NOTHING IN THIS SECTION SHALL PROHIB-
 IT A UTILITY CORPORATION FROM DISCONNECTING SERVICE NECESSARY TO PROTECT
 THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC.
   4.  (A)  WITHIN  TEN DAYS OF THE COMMENCEMENT OF AN INVESTIGATION, THE
 UTILITY CORPORATION SHALL NOTIFY RESIDENTIAL CUSTOMERS OF SUCH  INVESTI-
 GATION.  FORMS OF NOTIFICATION OF AN INVESTIGATION FROM A UTILITY CORPO-
 RATION TO A RESIDENTIAL CUSTOMER SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 LETTERS,  NOTICES  ON  UTILITY BILLS, PHONE CALLS, AND NOTICES POSTED ON
 THE UTILITY CORPORATION'S WEBSITE.
   (B) WITHIN THREE DAYS OF THE COMMENCEMENT  OF  AN  INVESTIGATION,  THE
 DEPARTMENT  SHALL  POST  A NOTICE TO THE GENERAL PUBLIC OF SUCH INVESTI-
 GATION ON ITS WEBSITE.
   § 6. The public service law is amended by adding a new section 16-a to
 read as follows:
   § 16-A. REPORTS ON INVESTIGATORY PROCEEDINGS RELATING  TO  GAS,  ELEC-
 TRIC,  AND  STEAM  SERVICE. THE COMMISSION SHALL SUBMIT TO THE GOVERNOR,
 THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE,  THE
 CHAIR OF THE ASSEMBLY CORPORATIONS, COMMISSIONS, AND AUTHORITIES COMMIT-
 TEE, AND THE CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE
 AN  ANNUAL  REPORT DETAILING THE LIST OF INVESTIGATIONS THAT WERE DEEMED
 APPLICABLE UNDER SECTIONS FIFTY-FOUR, SEVENTY-SEVEN-A, AND EIGHTY-FIVE-A
 OF THIS CHAPTER.   SUCH REPORT  SHALL  INCLUDE  AN  EXPLANATION  OF  THE
 INSTANCES  WHERE  THE  COMMISSION  HAS DEEMED THE USE OF SUCH PROVISIONS
 APPROPRIATE.   ADDITIONALLY, THE REPORT SHALL  INCLUDE  ALL  APPROPRIATE
 CASE  NUMBERS,  OR  DOCKET  NUMBERS  WHERE  APPLICABLE,  UTILIZED IN THE
 COMMISSION'S RECORDS KEEPING SYSTEMS AND ANY OTHER INFORMATION THAT  THE
 COMMISSION DEEMS NECESSARY.
   FOR  THE PURPOSES OF THIS SECTION, THE TERM "INVESTIGATION" SHALL HAVE
 THE SAME MEANING AS DEFINED IN SECTIONS FIFTY-FOUR, SEVENTY-SEVEN-A, AND
 EIGHTY-FIVE-A OF THIS CHAPTER.
   § 7. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.