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

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

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3477--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2021
                                       ___________

        Introduced by M. of A. PAULIN, DINOWITZ -- 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

        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,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09074-03-1
        A. 3477--A                          2

     1  equipment and appliances thereafter to be used, maintained and  operated
     2  for  the security and accommodation of the public and in compliance with
     3  the provisions of law and of their  franchises  and  charters.  Notwith-
     4  standing  any  other  provision  of  this article, a customer of any gas
     5  corporation, electric corporation or combination gas and electric corpo-
     6  ration, or a customer of  any  other  person,  company,  or  corporation
     7  providing  electricity  or  gas  service  to customers may, prior to the
     8  commencement of an informal hearing or informal review  pursuant  to  16
     9  NYCRR  12.5,  commence an action in any court of competent jurisdiction;
    10  provided, such action shall only be commenced when the alleged amount of
    11  damages in controversy exceeds twenty-five thousand dollars.
    12    § 2. This act shall take effect on the thirtieth day  after  it  shall
    13  have become a law.