Bill Text: NY A07537 | 2023-2024 | General Assembly | Amended
Bill Title: Prohibits utility corporations from imposing late fees, interest, or penalties during an investigation by the commission; allows retroactive late fees, interest, or penalties if a determination is made in favor of such utility corporation; prohibits utility services from being terminated during an investigation by the commission; requires utility corporations to notify customers of investigations; requires notice to the general public.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced) 2024-03-22 - print number 7537a [A07537 Detail]
Download: New_York-2023-A07537-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7537--A 2023-2024 Regular Sessions IN ASSEMBLY May 25, 2023 ___________ Introduced by M. of A. SHRESTHA, GALLAGHER, AUBRY, JACOBSON, STECK, BURDICK, SIMON, MITAYNES, EPSTEIN, STIRPE, THIELE, MAMDANI, FORREST, CARROLL, L. ROSENTHAL, DE LOS SANTOS, SEPTIMO, REYES -- read once and referred to the Committee on Corporations, Authorities and Commissions -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public service law, in relation to termination of certain utility services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 54 to read as follows: 3 § 54. Investigations relating to residential gas, electric and steam 4 utility service. 1. For the purposes of this section, the term "investi- 5 gation" shall mean a formal proceeding conducted by the commission to 6 examine the policies, practices, rates, charges, services, facilities, 7 operations, or management of a utility corporation or to determine 8 compliance with any law, rule, regulation, order, or tariff applicable 9 to such utility corporation. The term "investigation" shall include such 10 proceedings conducted pursuant to section seventy-one of this chapter. 11 Notwithstanding anything to the contrary, the term "investigation" shall 12 not include commission inquiries triggered by an individual customer 13 complaint filed pursuant to section forty-three of this article. 14 2. (a) A utility corporation shall not impose late fees, interest or 15 penalties during an investigation if such utility corporation is the 16 subject of a pending investigation, provided however, that such late 17 fees, interest and penalties may be imposed retroactively if such inves- 18 tigation is finally resolved in favor of such utility corporation. Such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07069-08-4A. 7537--A 2 1 late payment charges shall be in compliance with the guidelines set 2 forth in section forty-two of this article. 3 (b) Upon the final determination of any investigation covered by this 4 section, the commission shall either (i) determine any allowable penal- 5 ties the utility corporation may impose upon its customers, or (ii) 6 waive, or partially waive, any interest or fees charged by the utility 7 corporation to the consumer on such consumer's billing statements during 8 a period such utility corporation determines to be related to such 9 investigation. 10 3. Notwithstanding any law, rule, regulation, order, or tariff to the 11 contrary, utility service shall not be terminated to residential 12 accounts for non-payment of an overdue charge from the commencement of 13 any commission investigation until one hundred twenty days after the 14 findings of such investigation have been published and a determination 15 has been issued by the commission. Nothing in this section shall prohib- 16 it a utility corporation from disconnecting service necessary to protect 17 the health and safety of customers and the public. 18 4. (a) Within ten days of the commencement of an investigation, the 19 utility corporation shall notify residential customers of such investi- 20 gation. Forms of notification of an investigation from a utility corpo- 21 ration to a residential customer shall include, but not be limited to, 22 letters, notices on utility bills, phone calls, and notices posted on 23 the utility corporation's website. 24 (b) Within three days of the commencement of an investigation, the 25 department shall post a notice to the general public of such investi- 26 gation on its website. 27 § 2. The public service law is amended by adding a new section 77-a to 28 read as follows: 29 § 77-a. Investigations relating to commercial gas and electric utility 30 service. 1. For the purposes of this section, the term "investigation" 31 shall mean a formal proceeding conducted by the commission to examine 32 the policies, practices, rates, charges, services, facilities, oper- 33 ations, or management of a utility corporation or to determine compli- 34 ance with any law, rule, regulation, order or tariff applicable to such 35 utility corporation. The term "investigation" shall include such 36 proceedings conducted pursuant to section seventy-one of this article. 37 Notwithstanding anything to the contrary, the term "investigation" shall 38 not include commission inquiries triggered by an individual customer 39 complaint filed pursuant to section forty-three of this chapter. 40 2. (a) A utility corporation shall not impose late fees, interest or 41 penalties during an investigation if such utility corporation is the 42 subject of a pending investigation, provided however, that such late 43 fees, interest and penalties may be imposed retroactively if such inves- 44 tigation is finally resolved in favor of such utility corporation. Such 45 late payment charges shall be in compliance with the guidelines set 46 forth in section sixty-five of this article. 47 (b) Upon the final determination of any investigation covered by this 48 section, the commission shall either (i) determine any allowable penal- 49 ties the utility corporation may impose upon its customers, or (ii) 50 waive, or partially waive, any interest or fees charged by such utility 51 corporation to the consumer on such consumer's billing statements during 52 a period such utility corporation determines to be related to such 53 investigation. 54 3. Notwithstanding any law, rule, regulation, order, or tariff to the 55 contrary, utility service shall not be terminated to residential 56 accounts for non-payment of an overdue charge from the commencement ofA. 7537--A 3 1 any commission investigation until one hundred twenty days after the 2 findings of such investigation have been published and a determination 3 has been issued by the commission. Nothing in this section shall prohib- 4 it a utility corporation from disconnecting service necessary to protect 5 the health and safety of customers and the public. 6 4. (a) Within ten days of the commencement of an investigation, the 7 utility corporation shall notify residential customers of such investi- 8 gation. Forms of notification of an investigation from a utility corpo- 9 ration to a residential customer shall include, but not be limited to, 10 letters, notices on utility bills, phone calls, and notices posted on 11 the utility corporation's website. 12 (b) Within three days of the commencement of an investigation, the 13 department shall post a notice to the general public of such investi- 14 gation on its website. 15 § 3. The public service law is amended by adding a new section 85-b to 16 read as follows: 17 § 85-b. Investigations relating to commercial steam utility service. 18 1. For the purposes of this section, the term "investigation" shall 19 mean a formal proceeding conducted by the commission to examine the 20 policies, practices, rates, charges, services, facilities, operations, 21 or management of a utility corporation or to determine compliance with 22 any law, rule, regulation, order or tariff applicable to such utility 23 corporation. The term "investigation" shall include such proceedings 24 conducted pursuant to section seventy-one of this chapter. Notwith- 25 standing anything to the contrary, the term "investigation" shall not 26 include commission inquiries triggered by an individual customer 27 complaint filed pursuant to section forty-three of this chapter. 28 2. (a) A utility corporation shall not impose late fees, interest, or 29 penalties during an investigation if such utility corporation is the 30 subject of a pending investigation, provided however, that such late 31 fees, interest and penalties may be imposed retroactively if such inves- 32 tigation is finally resolved in favor of such utility corporation. Such 33 late payment charges shall be in compliance with section seventy-nine of 34 this article. 35 (b) Upon the final determination of any investigation covered by this 36 section, the commission shall either (i) determine any allowable penal- 37 ties the utility corporation may impose upon its customers, or (ii) 38 waive, or partially waive, any interest or fees charged by the utility 39 corporation to the consumer on such consumer's billing statements during 40 a period such utility corporation determines to be related to such 41 investigation. 42 3. Notwithstanding any law, rule, regulation, order, or tariff to the 43 contrary, utility service shall not be terminated to residential 44 accounts for non-payment of an overdue charge from the commencement of 45 any commission investigation until one hundred twenty days after the 46 findings of such investigation have been published and a determination 47 has been issued by the commission. Nothing in this section shall prohib- 48 it a utility corporation from disconnecting service necessary to protect 49 the health and safety of customers and the public. 50 4. (a) Within ten days of the commencement of an investigation, the 51 utility corporation shall notify residential customers of such investi- 52 gation. Forms of notification of an investigation from a utility corpo- 53 ration to a residential customer shall include, but not be limited to, 54 letters, notices on utility bills, phone calls, and notices posted on 55 the utility corporation's website.A. 7537--A 4 1 (b) Within three days of the commencement of an investigation, the 2 department shall post a notice to the general public of such investi- 3 gation on its website. 4 § 4. This act shall take effect on the thirtieth day after it shall 5 have become a law.