Bill Text: NY A03477 | 2021-2022 | General Assembly | Amended
Bill Title: Provides a judicial remedy to resolve complaints related to utility bills that have an alleged amount of damages exceeding twenty-five thousand dollars.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-04-13 - print number 3477b [A03477 Detail]
Download: New_York-2021-A03477-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3477--B 2021-2022 Regular Sessions IN ASSEMBLY January 26, 2021 ___________ Introduced by M. of A. PAULIN, DINOWITZ, SEAWRIGHT -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 providing a judi- cial remedy to resolve complaints related to utility bills The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 66 of the public service law, as 2 amended by chapter 134 of the laws of 1921, is amended to read as 3 follows: 4 5. Examine all persons, corporations and municipalities under its 5 supervision and keep informed as to the methods, practices, regulations 6 and property employed by them in the transaction of their business. 7 Whenever the commission shall be of opinion, after a hearing had upon 8 its own motion or upon complaint, that the rates, charges or classifica- 9 tions or the acts or regulations of any such person, corporation or 10 municipality are unjust, unreasonable, unjustly discriminatory or unduly 11 preferential or in anywise in violation of any provision of law, the 12 commission shall determine and prescribe in the manner provided by and 13 subject to the provisions of section seventy-two of this [chapter] arti- 14 cle the just and reasonable rates, charges and classifications thereaft- 15 er to be in force for the service to be furnished notwithstanding that a 16 higher or lower rate or charge has heretofore been prescribed by general 17 or special statute, contract, grant, franchise condition, consent or 18 other agreement, and the just and reasonable acts and regulations to be 19 done and observed; and whenever the commission shall be of opinion, 20 after a hearing had upon its own motion or upon complaint, that the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09074-05-2A. 3477--B 2 1 property, equipment or appliances of any such person, corporation or 2 municipality are unsafe, inefficient or inadequate, the commission shall 3 determine and prescribe the safe, efficient and adequate property, 4 equipment and appliances thereafter to be used, maintained and operated 5 for the security and accommodation of the public and in compliance with 6 the provisions of law and of their franchises and charters. Notwith- 7 standing any other provision of this article to the contrary, a customer 8 of any gas corporation, electric corporation, steam corporation or any 9 combination thereof, or a customer of any other person, company, or 10 corporation providing electricity, steam or gas service to customers 11 may, prior to, or in lieu of, the commencement of an informal hearing or 12 informal review pursuant to 16 NYCRR 12.5, or before commencing an 13 action pursuant to article seventy-eight of the civil practice law and 14 rules following a formal regulatory body decision, commence an action 15 under any legal theory against any party or regulatory body, for any 16 claims in any court of competent jurisdiction to enforce any rights 17 provided to such customer. Any court of competent jurisdiction reviewing 18 any such claims shall not be required to defer to a regulatory body. 19 Such action shall only be commenced when the alleged amount of damages 20 in controversy exceeds twenty-five thousand dollars, individually or in 21 the aggregate. 22 § 2. This act shall take effect on the thirtieth day after it shall 23 have become a law.
