Bill Text: NY A06255 | 2021-2022 | General Assembly | Introduced

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

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Bill Title: Relates to extending a moratorium on utility termination of services after the COVID-19 state of emergency is lifted or expires for a period of 180 days after such expiration or until December 31, 2021 whichever is later.

Spectrum: Partisan Bill (Democrat 32-0)

Status: (Introduced - Dead) 2021-03-31 - substituted by s1453b [A06255 Detail]

Download: New_York-2021-A06255-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6255

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 11, 2021
                                       ___________

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

        AN ACT to amend chapter 108 of the laws of  2020,  amending  the  public
          service law relating to issuing a moratorium on utility termination of
          services  during  periods of pandemics and/or state of emergencies, in
          relation to making such provisions  permanent;  to  amend  the  public
          service  law, the public authorities law and the general business law,
          in  relation  to  issuing  a  moratorium  on  utility  termination  of
          services;  and  to repeal certain provisions of the public service law
          relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 5 of chapter 108 of the laws of 2020, amending the
     2  public service law relating to issuing a moratorium  on  utility  termi-
     3  nation  of services during periods of pandemics and/or state of emergen-
     4  cies, as amended by section 2 of part B of chapter 126 of  the  laws  of
     5  2020, is amended to read as follows:
     6    §  5.  This  act shall take effect immediately [and shall expire March
     7  31, 2021 when upon such date the provisions of this act shall be  deemed
     8  repealed].
     9    §  2.  Subdivisions  6, 7, 8 and 9 of section 32 of the public service
    10  law, subdivision 6 as amended and subdivisions 7, 8 and 9  as  added  by
    11  chapter 108 of the laws of 2020, are amended to read as follows:
    12    6.  No  utility corporation or municipality shall terminate or discon-
    13  nect services to any residential customer or a small  business  customer
    14  with  twenty-five  or  fewer  employees that is not a (i)  publicly held
    15  company, or a subsidiary thereof, (ii) seasonal, short-term,  or  tempo-
    16  rary customer, (iii)  high energy customer as defined by the commission,
    17  or  (iv)  customer that the utility can demonstrate has the resources to
    18  pay the bill, provided that the  utility  notifies  the  small  business
    19  customer  of  its  reasons  and  of the customer's right to contest this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10211-01-1
        A. 6255                             2

     1  determination through the commission's  complaint  procedures,  for  the
     2  non-payment  of  an  overdue  charge  for  the duration of [the] a state
     3  disaster emergency declared pursuant  to  section  twenty-eight  of  the
     4  executive  [order  two  hundred two of two thousand twenty (herein after
     5  "the COVID-19 state of emergency")] law issued in response to  a  state,
     6  national,  or global event that is deemed to have a significant negative
     7  and long-term impact on the state's economic future, and not  due  to  a
     8  short-term weather-related disaster emergency.
     9    Utility  corporations  and municipalities shall have a duty to restore
    10  service, to the extent not already required under this chapter,  to  any
    11  residential  customer  within forty-eight hours if such service has been
    12  terminated for non-payment during the pendency of the  [COVID-19]  state
    13  [of] disaster emergency.
    14    7.  [For  a period of one hundred eighty days after the COVID-19 state
    15  of emergency is lifted or expires, no] No utility corporation or munici-
    16  pality shall terminate or disconnect the service  of  a  residential  or
    17  small business customer because of defaulted deferred payment agreements
    18  or  arrears  owed  to  the utility corporation or municipality when such
    19  customer has experienced a change in financial circumstances as  defined
    20  by  the  department due to [the COVID-19] a state [of] disaster emergen-
    21  cy[, as defined by the department] as set forth in  subdivision  six  of
    22  this section. The utility corporation or municipality shall provide such
    23  residential  or small business customer with the right to enter into, or
    24  restructure, a deferred payment agreement without the requirement  of  a
    25  down  payment,  late fees, or penalties, as such is provided for in this
    26  article with such prohibition on down payments, late fees, or  penalties
    27  applicable  to  all  arrears  incurred  during the duration of the state
    28  disaster emergency.
    29    8. Every utility corporation or municipality shall provide  notice  to
    30  residential  and  small  business customers, in a writing to be included
    31  with a bill statement or, when appropriate, via electronic  transmission
    32  the provisions of this section and shall further make reasonable efforts
    33  to contact customers who have demonstrated a change in financial circum-
    34  stances  due  to  [the  COVID-19] a state [of] disaster emergency as set
    35  forth in subdivision six of this section for  the  purpose  of  offering
    36  such   customers  a  deferred  payment  agreement  consistent  with  the
    37  provisions of this article.
    38    9. Implementation of the provisions of this section shall not prohibit
    39  a utility or municipality from  recovering  lost  or  deferred  revenues
    40  after  the lifting or expiration of [the COVID-19] a state [of] disaster
    41  emergency as set forth in subdivision six of this section,  pursuant  to
    42  such  means  for  recovery  as  are provided for in this chapter, and by
    43  means not inconsistent with any of the provisions of this article. Noth-
    44  ing in this section shall prohibit a utility corporation or municipality
    45  from disconnecting service necessary to protect the health and safety of
    46  customers and the public.
    47    § 3. Subdivision 6 of section 32 of the public service law,  as  added
    48  by chapter 686 of the laws of 2002, is REPEALED.
    49    §  4.  Subdivisions 9, 10 and 11 of section 89-b of the public service
    50  law, as added by chapter 108 of the laws of 2020, are amended to read as
    51  follows:
    52    9. [For a period of one hundred eighty days after the  COVID-19  state
    53  of  emergency is lifted or expires, no] No water-works corporation shall
    54  terminate or disconnect the service of a residential customer account or
    55  the account of a small  business  customer  with  twenty-five  or  fewer
    56  employees that is not a (i) publicly held company, or a subsidiary ther-
        A. 6255                             3

     1  eof,  (ii) seasonal, short-term, or temporary customer, (iii) high usage
     2  customer as defined by the commission, or (iv) customer that the utility
     3  can demonstrate has the resources to pay the  bill,  provided  that  the
     4  utility  notifies  the small business customer of its reasons and of the
     5  customer's right to contest this determination through the  commission's
     6  complaint  procedures,  because of defaulted deferred payment agreements
     7  or arrears owed to the water-works corporation when  such  customer  has
     8  experienced  a  change  in  financial  circumstances,  as defined by the
     9  department, due to [the COVID-19] a state [of] disaster  emergency[,  as
    10  defined  by the department] declared pursuant to section twenty-eight of
    11  the executive law issued in response to a  state,  national,  or  global
    12  event  that  is deemed to result in a significant negative and long-term
    13  impact on the state's economic future,  and  not  due  to  a  short-term
    14  weather-related  disaster emergency.   The water-works corporation shall
    15  provide such residential or small business customer with  the  right  to
    16  enter  into,  or  restructure,  a deferred payment agreement without the
    17  requirement of a down payment, late  fees,  or  penalties,  as  such  is
    18  provided  for  in  article  two of this chapter with such prohibition on
    19  down payments,  late  fees,  or  penalties  applicable  to  all  arrears
    20  incurred during the duration of the state disaster emergency.
    21    10.  Every  water-works  corporation  or  small business shall provide
    22  notice to residential customers, in a writing to be included with a bill
    23  statement  or,  when  appropriate,  via  electronic  transmission,   the
    24  provisions  of this section and shall further make reasonable efforts to
    25  contact customers who have demonstrated a change  in  financial  circum-
    26  stances  due  to  [the  COVID-19] a state [of] disaster emergency as set
    27  forth in subdivision nine of this section for the  purpose  of  offering
    28  such   customers  a  deferred  payment  agreement  consistent  with  the
    29  provisions of this section and article two of this chapter.
    30    11. Implementation of the provisions of this section shall not prohib-
    31  it a water-works corporation from recovering lost or  deferred  revenues
    32  after  the  lifting  or expiration of the [COVID-19] state [of] disaster
    33  emergency as set forth in subdivision nine of this section, pursuant  to
    34  such  means  for  recovery  as  are provided for in this chapter, and by
    35  means not inconsistent with any of the provisions of this article. Noth-
    36  ing in this  section  shall  prohibit  a  water-works  corporation  from
    37  disconnecting  service  when  it  is necessary to protect the health and
    38  safety of customers and the public.
    39    § 5. Section 89-l of the public service law, as added by  chapter  715
    40  of  the laws of 1931, subdivisions 3, 4, 5 and 6 as added by chapter 108
    41  of the laws of 2020, is amended to read as follows:
    42    § 89-l. Municipal water systems. 1. For the purposes of this  section,
    43  and for the purposes of any jurisdiction conferred by it upon the public
    44  service commission, a municipality is one which owns, maintains or oper-
    45  ates,  or proposes to own, maintain or operate, a water system, or which
    46  sells, furnishes  or  distributes,  or  proposes  to  sell,  furnish  or
    47  distribute,  water  for  domestic,  commercial  or  public uses, whether
    48  provided by its own system or the system of a water-works corporation or
    49  another municipality. As so limited, the  term  "municipality"  for  the
    50  purposes  of  this  section,  means  a  city,  town,  village  or public
    51  district; and a "public district," as here used, is a district or  other
    52  territorial  division,  whether  incorporated  or not, whose affairs are
    53  managed by any officer or officers, person or persons, elected by voters
    54  or taxpayers or appointed by a public officer or officers, and includes,
    55  without excluding others, a water district, water supply district and  a
    56  fire  district.  The other provisions of this chapter shall not apply to
        A. 6255                             4

     1  such a municipality, nor to its said business of owning, maintaining  or
     2  operating  a  water  system  or  of  selling, furnishing or distributing
     3  water, except such provisions as are applied by this section by  express
     4  reference.  The  jurisdiction  of  the  public  service commission, with
     5  respect to such a municipality or its said business, is that,  and  only
     6  that, provided for in this section.
     7    2.  Each  such municipality shall file with the public service commis-
     8  sion a copy of the annual report of its division, bureau  or  department
     9  of water.
    10    3.  No municipality shall terminate or discontinue residential service
    11  or service to a small business with twenty-five or fewer employees  that
    12  is  not  a  (i)  publicly  held  company,  or a subsidiary thereof, (ii)
    13  seasonal, short-term, or temporary customer, (iii) high  usage  customer
    14  as  defined  by  the  commission,  or (iv) customer that the utility can
    15  demonstrate has the resources to pay the bill, provided that the utility
    16  notifies the small business customer of its reasons and of  the  custom-
    17  er's  right  to  contest  this  determination  through  the commission's
    18  complaint procedures, for the nonpayment of bills, taxes,  or  fees  for
    19  the  duration  of  [the] a state disaster emergency declared pursuant to
    20  [executive order two hundred two of two thousand twenty (hereinafter the
    21  "COVID-19 state of emergency")] section twenty-eight  of  the  executive
    22  law  in response to a state, national, or global event that is deemed to
    23  result in a significant negative and long-term  impact  on  the  state's
    24  economic  future,  and  not due to a short-term weather-related disaster
    25  emergency.  Every municipality shall have a duty to restore  service  to
    26  any  residential customer within forty-eight hours of the effective date
    27  of this subdivision if such service has been terminated for  non-payment
    28  during the pendency of [the COVID-19] a state [of] disaster emergency.
    29    4.  [For  a period of one hundred eighty days after the COVID-19 state
    30  of emergency is lifted or expires, no] No municipality  shall  terminate
    31  or  discontinue  the service of a residential or small business customer
    32  because of bill arrears, taxes, or fees owed to  the  municipality  when
    33  such  customer  has  experienced a change in financial circumstances, as
    34  defined by the department, due to [the COVID-19] a state  [of]  disaster
    35  emergency[,  as  defined  by the department] as set forth in subdivision
    36  three of this section.  The municipality shall provide a residential  or
    37  small  business service customer that has experienced a change in finan-
    38  cial circumstances due to the [COVID-19] state [of]  disaster  emergency
    39  with  the right to enter into, or restructure, a deferred payment agree-
    40  ment without the requirement of a down payment, late fees, or penalties,
    41  as such is provided for in article two of this chapter, with such prohi-
    42  bition on down payments, late  fees,  or  penalties  applicable  to  all
    43  arrears incurred during the duration of the state disaster emergency.
    44    5.  Every  municipality  shall provide notice to residential and small
    45  business customers in a writing to be included with a bill statement or,
    46  when appropriate, via electronic transmission  the  provisions  of  this
    47  section  and  shall further make reasonable efforts to contact customers
    48  who have demonstrated a change in financial  circumstances  due  to  the
    49  [COVID-19]  state  [of]  disaster  emergency as set forth in subdivision
    50  three of this section for the  purpose  of  offering  such  customers  a
    51  deferred  payment  agreement  consistent  with  the  provisions  of this
    52  section and article two of this chapter.
    53    6. Implementation of the provisions of this section shall not prohibit
    54  a municipality from recovering lost or deferred revenues after the lift-
    55  ing or expiry  of  [the  COVID-19]  a  state  [of]  disaster  emergency,
    56  provided  that  such  means  are not inconsistent with the provisions of
        A. 6255                             5

     1  this article. Nothing in this section shall prohibit a municipality from
     2  disconnecting service when it is necessary to  protect  the  health  and
     3  safety of customers and the public.
     4    7.  Notwithstanding the provisions of subdivision one of this section,
     5  for the purposes of subdivisions three,  four,  five  and  six  of  this
     6  section,  a  "municipality"  shall also include a public water authority
     7  established pursuant to article five  of  the  public  authorities  law.
     8  Every  municipality  shall be subject to the jurisdiction of the commis-
     9  sion for the purposes of enforcing the provisions of subdivisions three,
    10  four, five and six of this section  pursuant  to  sections  twenty-four,
    11  twenty-five and twenty-six of this chapter.
    12    § 6. Subdivisions 9, 10, 11 and 12 of section 91 of the public service
    13  law,  subdivisions  9,  10  and  12 as amended by section 1 of part B of
    14  chapter 126 of the laws of 2020, subdivision 11 as added by chapter  108
    15  of the laws of 2020, are amended to read as follows:
    16    9. No telephone corporation shall terminate or disconnect any services
    17  provided  by  its  infrastructure to a residential service customer or a
    18  small business customer with twenty-five or fewer employees that is  not
    19  a  (i)    publicly held company, or a subsidiary thereof, (ii) seasonal,
    20  short-term, or temporary customer, (iii)  high usage customer as defined
    21  by the commission, or (iv)  customer that the  utility  can  demonstrate
    22  has  the  resources  to pay the bill, provided that the utility notifies
    23  the small business customer of its reasons and of the  customer's  right
    24  to  contest this determination through the commission's complaint proce-
    25  dures, for the non-payment of an overdue  charge  for  the  duration  of
    26  [the]  a  state  disaster emergency declared pursuant to section twenty-
    27  eight of the executive [order two hundred two  of  two  thousand  twenty
    28  (hereinafter  "the  COVID-19  state of emergency")] law in response to a
    29  state, national or global event that is deemed to result  in  a  signif-
    30  icant  negative and long-term impact on the state's economic future, and
    31  not due to a short-term weather-related disaster emergency.    Telephone
    32  corporations  shall  have  a  duty to restore service, to the extent not
    33  already required under this chapter, at the request of  any  residential
    34  or  small business customer within forty-eight hours if such service has
    35  been terminated during the pendency of the [COVID-19] state [of]  disas-
    36  ter  emergency  and disconnection of such service was due to non-payment
    37  of an overdue charge.
    38    10. [For a period of one hundred eighty days after the COVID-19  state
    39  of  emergency  is  lifted or expires, no] No telephone corporation shall
    40  terminate or disconnect [the  service]  any  services  provided  by  its
    41  infrastructure  of  a  residential  or  small  business customer account
    42  because of defaulted deferred payment agreements or arrears then owed to
    43  the telephone corporation when such customer has experienced a change in
    44  financial circumstances as  defined  by  the  department,  due  to  [the
    45  COVID-19]  a  state  [of] disaster emergency[, as defined by the depart-
    46  ment] as set forth in subdivision nine of this section.   The  telephone
    47  corporation  shall  provide  such residential or small business customer
    48  with the right to enter into, or restructure, a deferred payment  agree-
    49  ment without the requirement of a down payment, late fees, or penalties,
    50  with such prohibition on down payments, late fees, or penalties applica-
    51  ble  to  all  arrears incurred during the duration of the state disaster
    52  emergency.
    53    11. Every telephone corporation shall provide  notice  to  residential
    54  customers,  and  to those small business customers set forth in subdivi-
    55  sion nine of this section, in a writing  to  be  included  with  a  bill
    56  statement   or,   when  appropriate,  via  electronic  transmission  the
        A. 6255                             6

     1  provisions of this section and shall further make reasonable efforts  to
     2  contact  customers  who  have demonstrated a change in financial circum-
     3  stances due to [the COVID-19] a state [of]  disaster  emergency  as  set
     4  forth  in  subdivision  nine of this section for the purpose of offering
     5  such  customers  a  deferred  payment  agreement  consistent  with   the
     6  provisions of this section and article two of this chapter.
     7    12. Implementation of the provisions of this section shall not prohib-
     8  it  a  telephone  corporation  from recovering lost or deferred revenues
     9  after the lifting or expiration of [the COVID-19] a state [of]  disaster
    10  emergency  as set forth in subdivision nine of this section, pursuant to
    11  such means for recovery as are provided for  in  this  chapter,  and  by
    12  means not inconsistent with any of the provisions of this article. Noth-
    13  ing  in this section shall prohibit a telephone corporation from discon-
    14  necting service at the request of a customer.  Nothing in  this  section
    15  shall  prohibit  a telephone corporation from disconnecting service when
    16  it is necessary to protect the health and safety of  customers  and  the
    17  public.
    18    §  7.  Section 216 of the public service law is amended by adding five
    19  new subdivisions 6, 7, 8, 9 and 10 to read as follows:
    20    6. No cable television company shall terminate or disconnect  services
    21  provided  over their infrastructure to a residential service customer or
    22  a small business customer with twenty-five or fewer  employees  that  is
    23  not a (i) publicly held company, or a subsidiary thereof, (ii) seasonal,
    24  short-term,  or  temporary  customer,  or  (iii) customer that the cable
    25  television company can demonstrate has the resources to  pay  the  bill,
    26  provided  that  the cable television company notifies the small business
    27  customer of its reasons and of the  customer's  right  to  contest  this
    28  determination  through  the  commission's  complaint procedures, for the
    29  non-payment of an overdue charge for the duration of  a  state  disaster
    30  emergency  declared pursuant to an executive order issued in response to
    31  a state, national, or global event that is deemed to result in a signif-
    32  icant negative and long-term impact on the state's economic future,  and
    33  not  due to a short-term weather-related disaster emergency. Cable tele-
    34  vision companies shall have a duty to restore service, to the extent not
    35  already required under this chapter, at the request of  any  residential
    36  or  small business customer within forty-eight hours if such service has
    37  been terminated during the pendency of the state disaster emergency  and
    38  disconnection  of  such  service  was  due  to non-payment of an overdue
    39  charge.
    40    7. No cable television company shall terminate or disconnect  services
    41  provided  over  their  infrastructure of a residential or small business
    42  customer account because of defaulted  deferred  payment  agreements  or
    43  arrears then owed to the cable television company when such customer has
    44  experienced  a  change  in  financial  circumstances,  as defined by the
    45  department, due to a state disaster emergency as set forth  in  subdivi-
    46  sion  six  of  this  section. The cable television company shall provide
    47  such residential or small business customer  with  the  right  to  enter
    48  into,  or restructure, a deferred payment agreement without the require-
    49  ment of a down payment, late fees, or penalties, with  such  prohibition
    50  on  down  payments,  late  fees,  or penalties applicable to all arrears
    51  incurred during the duration of the state disaster emergency.
    52    8. Every cable television company shall provide notice to  residential
    53  or  small  business  customers  in  a writing to be included with a bill
    54  statement  or,  when  appropriate,  via  electronic   transmission   the
    55  provisions  of this section and shall further make reasonable efforts to
    56  contact customers who have demonstrated a change  in  financial  circum-
        A. 6255                             7

     1  stances  due  to  a state disaster emergency as set forth in subdivision
     2  six of this section  for  the  purpose  of  offering  such  customers  a
     3  deferred  payment  agreement  consistent  with  the  provisions  of this
     4  section and article two of this chapter.
     5    9. Implementation of the provisions of this section shall not prohibit
     6  a  cable  television  company  from recovering lost or deferred revenues
     7  after the lifting or expiration of a state  disaster  emergency  as  set
     8  forth  in  subdivision  six  of this section, pursuant to such means for
     9  recovery as are provided for in this chapter, and by  means  not  incon-
    10  sistent  with  any  of  the  provisions of this article. Nothing in this
    11  section shall prohibit a cable  television  company  from  disconnecting
    12  service  at  the  request  of  a customer. Nothing in this section shall
    13  prohibit a cable television company from disconnecting service  when  it
    14  is  necessary  to  protect  the  health  and safety of customers and the
    15  public.
    16    10. Every cable television company shall be subject to  the  jurisdic-
    17  tion  of  the commission for the purposes of enforcing the provisions of
    18  subdivisions six, seven, eight and nine  of  this  section  pursuant  to
    19  sections  twenty-four,  twenty-five  and twenty-six of this chapter, and
    20  any other applicable provision of this chapter.
    21    § 8. Subdivision 1 of section 1020-s of the public authorities law, as
    22  amended by chapter 415 of the laws  of  2017,  is  amended  to  read  as
    23  follows:
    24    1.  The  rates,  services  and  practices  relating to the electricity
    25  generated by facilities owned or operated by the authority shall not  be
    26  subject to the provisions of the public service law or to regulation by,
    27  or  the  jurisdiction  of,  the public service commission, except to the
    28  extent (a) article seven of the public service law applies to the siting
    29  and operation of a major utility transmission facility as defined there-
    30  in, (b) article ten of such law applies to the siting  of  a  generating
    31  facility as defined therein, (c) section eighteen-a of such law provides
    32  for  assessment  for  certain  costs, property or operations, (d) to the
    33  extent that the department of public service reviews and makes recommen-
    34  dations with respect to the operations and provision of services of, and
    35  rates and budgets established by,  the  authority  pursuant  to  section
    36  three-b  of  such law, [and] (e) that section seventy-four of the public
    37  service law applies to  qualified  energy  storage  systems  within  the
    38  authority's  jurisdiction,  and (f) subdivisions six, seven, eight, nine
    39  and ten of section thirty-two of the public service law.
    40    § 9. The general business law is amended by adding a new section  399-
    41  zzzzz, to read as follows:
    42    §  399-zzzzz. Prohibition of certain broadband terminations or discon-
    43  nections. 1. For the purposes  of  this  section,  the  term  "broadband
    44  service" shall mean a mass-market retail service that provides the capa-
    45  bility  to  transmit  data to and receive data from all or substantially
    46  all internet endpoints, including any capabilities that  are  incidental
    47  to  and  enable  the  operation of the communications service, and shall
    48  include service provided by commercial mobile telephone service  provid-
    49  ers, but shall not include dial-up service.
    50    2.  No  person,  business,  corporation,  or their agents providing or
    51  seeking to provide broadband service in New York state  shall  terminate
    52  or  disconnect services provided over their infrastructure to a residen-
    53  tial service customer or a small business customer with  twenty-five  or
    54  fewer employees that is not a (i) publicly held company, or a subsidiary
    55  thereof,  (ii)  seasonal,  short-term,  or  temporary customer, or (iii)
    56  customer that the broadband service provider  can  demonstrate  has  the
        A. 6255                             8

     1  resources  to pay the bill, provided that the broadband service provider
     2  notifies the small business customer of its reasons and of  the  custom-
     3  er's  right  to  contest  this  determination  through  the commission's
     4  complaint  procedures,  for the non-payment of an overdue charge for the
     5  duration of a state disaster  emergency  declared  pursuant  to  section
     6  twenty-eight  of  the executive law in response to a state, national, or
     7  global event that is deemed to result  in  a  significant  negative  and
     8  long-term impact on the state's economic future, and not due to a short-
     9  term weather-related disaster emergency.  Such persons or entities shall
    10  have  a  duty to restore service, to the extent not already required, at
    11  the request of any residential or small business customer within  forty-
    12  eight  hours  if such service has been terminated during the pendency of
    13  the state disaster emergency and disconnection of such service  was  due
    14  to non-payment of an overdue charge.
    15    3.  No  person,  business,  corporation,  or their agents providing or
    16  seeking to provide broadband service in New York state  shall  terminate
    17  or  disconnect services provided over their infrastructure to a residen-
    18  tial or small business customer account because  of  defaulted  deferred
    19  payment agreements or arrears then owed to such persons or entities when
    20  such customer has experienced a change in financial circumstances due to
    21  a  state  disaster  emergency  as  set  forth in subdivision two of this
    22  section. The person, business, corporation, or their agents providing or
    23  seeking to provide broadband service in New  York  state  shall  provide
    24  such  residential  or  small  business  customer with the right to enter
    25  into, or restructure, a deferred payment agreement consistent  with  the
    26  provisions of article two of the public service law without the require-
    27  ment  of  a down payment, late fees, or penalties, with such prohibition
    28  on down payments, late fees, or  penalties  applicable  to  all  arrears
    29  incurred during the duration of the state disaster emergency.
    30    4.  Every  person, business, corporation, or their agents providing or
    31  seeking to provide broadband service in New  York  state  shall  provide
    32  notice  to  residential  or  small business customers in a writing to be
    33  included with a bill statement  or,  when  appropriate,  via  electronic
    34  transmission  the  provisions  of  this  section  and shall further make
    35  reasonable efforts to contact customers who have demonstrated  a  change
    36  in  financial  circumstances  due  to  a state disaster emergency as set
    37  forth in subdivision two of this section for  the  purpose  of  offering
    38  such   customers  a  deferred  payment  agreement  consistent  with  the
    39  provisions of article two of the public service law.
    40    5. Implementation of the provisions of this section shall not prohibit
    41  a person, business, corporation, or their agents providing or seeking to
    42  provide broadband service in New York  state  from  recovering  lost  or
    43  deferred  revenues  after  the lifting or expiration of a state disaster
    44  emergency as set forth in subdivision two of this section,  pursuant  to
    45  such  means  for  recovery  by  means  not  inconsistent with any of the
    46  provisions of this section. Nothing in this  section  shall  prohibit  a
    47  person,  business,  corporation, or their agents providing or seeking to
    48  provide broadband service in New York state from  disconnecting  service
    49  at  the  request of a customer. Nothing in this section shall prohibit a
    50  person, business, corporation, or their agents providing or  seeking  to
    51  provide  broadband  service in New York state from disconnecting service
    52  when it is necessary to protect the health and safety of  customers  and
    53  the public.
    54    6. Whenever there shall be a violation of this section, an application
    55  may  be  made  by  the attorney general in the name of the people of the
    56  state of New York to a court or justice having jurisdiction by a special
        A. 6255                             9

     1  proceeding to issue an injunction, and upon notice to the  defendant  of
     2  not  less than five days, to enjoin and restrain the continuance of such
     3  violation; and if it shall appear to the satisfaction of  the  court  or
     4  justice  that  the  defendant  has,  in  fact, violated this section, an
     5  injunction may  be  issued  by  the  court  or  justice,  enjoining  and
     6  restraining  any  further  violations,  without requiring proof that any
     7  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
     8  proceeding,  the  court  may  make allowances to the attorney general as
     9  provided in paragraph six of subdivision  (a)  of  section  eighty-three
    10  hundred  three  of the civil practice law and rules, and direct restitu-
    11  tion. Whenever the court  shall  determine  that  a  violation  of  this
    12  section  has  occurred, the court may impose a civil penalty of not more
    13  than one thousand dollars per violation. In  connection  with  any  such
    14  proposed  application,  the attorney general is authorized to take proof
    15  and make a determination of the relevant facts and to issue subpoenas in
    16  accordance with the civil practice law and rules.
    17    § 10. This act shall take effect immediately; provided, however,  that
    18  this  act  shall be applicable to relevant executive orders issued on or
    19  after the effective date of this act.