§ 42. Other charges. 1. A utility corporation or municipality may
impose late payment charges not in excess of one and one-half percent
per month on the unpaid balance of any bill including any interest
thereon. Any such late payment charge, however, may not be imposed if
the bill is the subject of a pending complaint with the utility or
municipality provided, however, that such charge may be imposed
retroactively if the complaint is finally resolved in favor of the
utility or municipality.

2. Except as provided in subdivision one of this section, no utility
corporation or municipality may charge any residential customer a late
payment charge, penalty, fee, interest, or other charge of any kind for
any late payment, collection effort, service disconnection or deferred
payment agreement occasioned by the customer's failure to pay timely for
gas or electric service.

3. The rights and responsibilities of residential customers
participating in green jobs-green New York on-bill recovery pursuant to
section sixty-six-m of this chapter shall be substantially comparable to
those of electric and gas customers not participating in on-bill
recovery, and charges for on-bill recovery shall be treated as charges
for utility service for the purpose of this article, provided that:

(a) all determinations and safeguards related to the termination and
reconnection of service shall apply to on-bill recovery charges billed
by a utility pursuant to such section;

(b) in the event that the responsibility for making utility payments
has been assumed by occupants of a multiple dwelling pursuant to section
thirty-three of this article or by occupants of a two-family dwelling
pursuant to section thirty-four of this article, such occupants shall
not be billed for any arrears of on-bill recovery charges or any
prospective on-bill recovery charges, which shall remain the
responsibility of the incurring customer;

(c) deferred payment agreements pursuant to section thirty-seven of
this article shall be available to customers participating in on-bill
recovery on the same terms as other customers, and the utility shall
retain the same discretion to defer termination of service as for any
other delinquent customer;

(d) where a customer has a budget billing plan or levelized payment
plan pursuant to section thirty-eight of this article, the utility shall
recalculate the payments under such plan to reflect the projected
effects of installing energy efficiency measures as soon as practicable
after receipt of information on the energy audit and qualified energy
efficiency services selected;

(e) on-bill recovery charges shall not be subject to the provisions of
section forty-one of this article;

(f) late payment charges on unpaid on-bill recovery charges shall be
determined as provided in this section, or as otherwise consented to by
the customer in the agreement for green jobs-green New York on-bill
recovery and any such charges shall be remitted to the New York state
energy research and development authority;

(g) notwithstanding the provisions of section forty-three of this
article, when a complaint is related solely to work performed under the
green jobs-green New York program or to the appropriate amount of
on-bill recovery charges, the utility shall only be required to inform
the customer of the complaint handling procedures of the New York state
energy research and development authority, which shall retain
responsibility for handling such complaints, and such complaints shall
not be deemed to be complaints about utility service in any other
commission action or proceeding; and

(h) billing information provided pursuant to section forty-four of
this article shall include information on green jobs-green New York
on-bill recovery charges, including the basis for such charges, and any
information or inserts provided by the New York state energy research
and development authority related thereto. In addition, at least
annually the authority shall provide the utility with information for
inclusion or insertion in the customer's bill that sets forth the amount
and duration of remaining on-bill recovery charges and the authority's
contact information and procedures for resolving customer complaints
with such charges.