Bill Text: NY A00953 | 2025-2026 | General Assembly | Introduced
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 17-0)
Status: (Introduced) 2025-01-08 - referred to corporations, authorities and commissions [A00953 Detail]
Download: New_York-2025-A00953-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 953 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. SHRESTHA, GALLAGHER, JACOBSON, STECK, BURDICK, SIMON, MITAYNES, EPSTEIN, STIRPE, MAMDANI, FORREST, R. CARROLL, ROSEN- THAL, DE LOS SANTOS, SEPTIMO, REYES, RAGA -- read once and referred to the Committee on Corporations, Authorities and Commissions 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. Short title. This act shall be known and may be cited as 2 the "consumer utility protections during investigations act" or the 3 "CUPDI act". 4 § 2. Section 2 of the public service law is amended by adding a new 5 subdivision 30 to read as follows: 6 30. "Final determination" or "finally determined" means a judicial 7 decision: (i) by the highest court of competent jurisdiction; or (ii) by 8 a court of competent jurisdiction from which no appeal has been taken 9 and the time within which to appeal has expired. 10 § 3. The public service law is amended by adding a new section 54 to 11 read as follows: 12 § 54. Investigations relating to residential gas, electric and steam 13 utility service. 1. For the purposes of this section, the term "investi- 14 gation" shall mean a formal proceeding conducted by the commission to 15 examine the policies, practices, rates, charges, services, facilities, 16 operations, or management of a utility corporation or to determine 17 compliance with any law, rule, regulation, order, or tariff applicable 18 to such utility corporation. The term "investigation" shall include such 19 proceedings conducted pursuant to section seventy-one of this chapter. 20 Notwithstanding anything to the contrary, the term "investigation" shall 21 not include commission inquiries triggered by an individual customer 22 complaint filed pursuant to section forty-three of this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00509-01-5A. 953 2 1 2. (a) A utility corporation shall not impose late fees, interest or 2 penalties during an investigation if such utility corporation is the 3 subject of a pending investigation, provided however, that such late 4 fees, interest and penalties may be imposed retroactively if such inves- 5 tigation is issued a final order in favor of such utility corporation. 6 Such late payment charges shall be in compliance with the guidelines set 7 forth in section forty-two of this article. 8 (b) Upon the final determination or by the issuance of a final order, 9 of any investigation covered by this section, the commission shall 10 either (i) determine any allowable penalties the utility corporation may 11 impose upon its customers, or (ii) waive, or partially waive, any inter- 12 est or fees charged by the utility corporation to the consumer on such 13 consumer's billing statements during a period such utility corporation 14 determines to be related to such investigation. 15 3. Notwithstanding any law, rule, regulation, order, or tariff to the 16 contrary, utility service shall not be terminated to residential 17 accounts for non-payment of an overdue charge from the commencement of 18 any commission investigation until one hundred twenty days after the 19 findings of such investigation have been published and a determination 20 has been issued by the commission. Nothing in this section shall prohib- 21 it a utility corporation from disconnecting service necessary to protect 22 the health and safety of customers and the public. 23 4. (a) Within ten days of the commencement of an investigation, the 24 utility corporation shall notify residential customers of such investi- 25 gation. Forms of notification of an investigation from a utility corpo- 26 ration to a residential customer shall include, but not be limited to, 27 letters, notices on utility bills, phone calls, and notices posted on 28 the utility corporation's website. 29 (b) Within three days of the commencement of an investigation, the 30 department shall post a notice to the general public of such investi- 31 gation on its website. 32 § 4. The public service law is amended by adding a new section 77-a to 33 read as follows: 34 § 77-a. Investigations relating to commercial gas and electric utility 35 service. 1. For the purposes of this section, the term "investigation" 36 shall mean a formal proceeding conducted by the commission to examine 37 the policies, practices, rates, charges, services, facilities, oper- 38 ations, or management of a utility corporation or to determine compli- 39 ance with any law, rule, regulation, order or tariff applicable to such 40 utility corporation. The term "investigation" shall include such 41 proceedings conducted pursuant to section seventy-one of this article. 42 Notwithstanding anything to the contrary, the term "investigation" shall 43 not include commission inquiries triggered by an individual customer 44 complaint filed pursuant to section forty-three of this chapter. 45 2. (a) A utility corporation shall not impose late fees, interest or 46 penalties during an investigation if such utility corporation is the 47 subject of a pending investigation, provided however, that such late 48 fees, interest and penalties may be imposed retroactively if such inves- 49 tigation is issued a final order in favor of such utility corporation. 50 Such late payment charges shall be in compliance with the guidelines set 51 forth in section sixty-five of this article. 52 (b) Upon the final determination or by the issuance of a final order, 53 of any investigation covered by this section, the commission shall 54 either (i) determine any allowable penalties the utility corporation may 55 impose upon its customers, or (ii) waive, or partially waive, any inter- 56 est or fees charged by such utility corporation to the consumer on suchA. 953 3 1 consumer's billing statements during a period such utility corporation 2 determines to be related to such investigation. 3 3. Notwithstanding any law, rule, regulation, order, or tariff to the 4 contrary, utility service shall not be terminated to residential 5 accounts for non-payment of an overdue charge from the commencement of 6 any commission investigation until one hundred twenty days after the 7 findings of such investigation have been published and a determination 8 has been issued by the commission. Nothing in this section shall prohib- 9 it a utility corporation from disconnecting service necessary to protect 10 the health and safety of customers and the public. 11 4. (a) Within ten days of the commencement of an investigation, the 12 utility corporation shall notify residential customers of such investi- 13 gation. Forms of notification of an investigation from a utility corpo- 14 ration to a residential customer shall include, but not be limited to, 15 letters, notices on utility bills, phone calls, and notices posted on 16 the utility corporation's website. 17 (b) Within three days of the commencement of an investigation, the 18 department shall post a notice to the general public of such investi- 19 gation on its website. 20 § 5. The public service law is amended by adding a new section 85-a to 21 read as follows: 22 § 85-a. Investigations relating to commercial steam utility service. 23 1. For the purposes of this section, the term "investigation" shall 24 mean a formal proceeding conducted by the commission to examine the 25 policies, practices, rates, charges, services, facilities, operations, 26 or management of a utility corporation or to determine compliance with 27 any law, rule, regulation, order or tariff applicable to such utility 28 corporation. The term "investigation" shall include such proceedings 29 conducted pursuant to section seventy-one of this chapter. Notwith- 30 standing anything to the contrary, the term "investigation" shall not 31 include commission inquiries triggered by an individual customer 32 complaint filed pursuant to section forty-three of this chapter. 33 2. (a) A utility corporation shall not impose late fees, interest, or 34 penalties during an investigation if such utility corporation is the 35 subject of a pending investigation, provided however, that such late 36 fees, interest and penalties may be imposed retroactively if such inves- 37 tigation is issued a final order in favor of such utility corporation. 38 Such late payment charges shall be in compliance with section seventy- 39 nine of this article. 40 (b) Upon the final determination or by the issuance of a final order, 41 of any investigation covered by this section, the commission shall 42 either (i) determine any allowable penalties the utility corporation may 43 impose upon its customers, or (ii) waive, or partially waive, any inter- 44 est or fees charged by the utility corporation to the consumer on such 45 consumer's billing statements during a period such utility corporation 46 determines to be related to such investigation. 47 3. Notwithstanding any law, rule, regulation, order, or tariff to the 48 contrary, utility service shall not be terminated to residential 49 accounts for non-payment of an overdue charge from the commencement of 50 any commission investigation until one hundred twenty days after the 51 findings of such investigation have been published and a determination 52 has been issued by the commission. Nothing in this section shall prohib- 53 it a utility corporation from disconnecting service necessary to protect 54 the health and safety of customers and the public. 55 4. (a) Within ten days of the commencement of an investigation, the 56 utility corporation shall notify residential customers of such investi-A. 953 4 1 gation. Forms of notification of an investigation from a utility corpo- 2 ration to a residential customer shall include, but not be limited to, 3 letters, notices on utility bills, phone calls, and notices posted on 4 the utility corporation's website. 5 (b) Within three days of the commencement of an investigation, the 6 department shall post a notice to the general public of such investi- 7 gation on its website. 8 § 6. This act shall take effect on the thirtieth day after it shall 9 have become a law.
