Bill Text: NY A06428 | 2021-2022 | General Assembly | Amended

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

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Bill Title: Requires service providers to reimburse consumers for spoilage of food and medication due to the lack of refrigeration in the event of a power outage lasting seventy-two hours or more.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-05-16 - substituted by s5237c [A06428 Detail]

Download: New_York-2021-A06428-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6428--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 17, 2021
                                       ___________

        Introduced by M. of A. THIELE -- 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 authorities law, in relation to requiring
          service providers to reimburse consumers in the event of  a  prolonged
          power outage

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

     1    Section 1. Subdivision (cc) of section 1020-f of the  public  authori-
     2  ties  law, as added by section 7 of part A of chapter 173 of the laws of
     3  2013, is amended by adding a new paragraph 6 to read as follows:
     4    6. (i) In the event that a residential utility customer or small busi-
     5  ness customer experiences a widespread prolonged outage lasting at least
     6  seventy-two consecutive hours or more without having  been  resolved  by
     7  the service provider, the utility company shall:
     8    (A) Provide reimbursement of any food spoiled due to lack of refriger-
     9  ation.  Residential utility customers shall provide the service provider
    10  an  itemized  list  of all food spoiled or proof of loss of food spoiled
    11  within fourteen days of the outage. The service provider shall reimburse
    12  the customer within thirty days of the receipt of the itemized  list  or
    13  proof  of loss. The amount of the reimbursement shall not exceed a total
    14  of two hundred thirty-five dollars for customers who provide an itemized
    15  list. The amount of the reimbursement for customers who provide proof of
    16  loss shall not exceed five hundred forty dollars.
    17    (B) Provide reimbursement of prescription medication  spoiled  due  to
    18  lack  of  refrigeration. Residential utility customers shall provide the
    19  service provider with an itemized list and proof of loss of prescription
    20  medication due to lack of refrigeration  within  fourteen  days  of  the
    21  outage.  The service provider shall reimburse the customer within thirty
    22  days  of  the  receipt  of  the  itemized  list  and  proof  of  loss of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10013-03-1
        A. 6428--A                          2

     1  prescription medication.  The amount of the reimbursement shall total no
     2  more than the actual loss of perishable prescription medicine.
     3    (C)  Provide  reimbursement  to  small business customers for any food
     4  spoiled due to lack of refrigeration.  Small  business  customers  shall
     5  provide  the service provider with an itemized list for all food spoiled
     6  and proof of loss within  fourteen  days  of  the  outage.  The  service
     7  provider  shall reimburse the small business customer within thirty days
     8  of the receipt of the itemized list and proof of loss. The amount of the
     9  reimbursement shall total  no  more  than  ten  thousand  seven  hundred
    10  dollars.
    11    (ii) The department of public service shall promulgate rules and regu-
    12  lations  necessary  to  implement  the  provisions of this section. Such
    13  rules and regulations  shall  define  the  terms  "widespread  prolonged
    14  outage", "small business customer" and "proof of loss".
    15    § 2. This act shall take effect on the one hundred twentieth day after
    16  it shall have become a law.