Bill Text: NY A03477 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3477

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2021
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Corporations, Authorities and Commissions

        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
    21  property,  equipment  or  appliances  of any such person, corporation or
    22  municipality are unsafe, inefficient or inadequate, the commission shall
    23  determine and prescribe  the  safe,  efficient  and  adequate  property,
    24  equipment  and appliances thereafter to be used, maintained and operated
    25  for the security and accommodation of the public and in compliance  with

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09074-02-1

        A. 3477                             2

     1  the  provisions  of  law  and of their franchises and charters. Notwith-
     2  standing any other provision of this article,  a  customer  of  any  gas
     3  corporation, electric corporation or combination gas and electric corpo-
     4  ration,  or  a  customer  of  any  other person, company, or corporation
     5  providing electricity or gas service to customers may, prior  to  making
     6  an initial formal complaint to the department, commence an action in any
     7  court  of  competent  jurisdiction;  provided, such action shall only be
     8  commenced when the alleged amount  of  damages  in  controversy  exceeds
     9  twenty-five thousand dollars.
    10    §  2.  This  act shall take effect on the thirtieth day after it shall
    11  have become a law.
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