Bill Text: NY A07537 | 2023-2024 | General Assembly | Amended
Bill Title: Prohibits utility corporations from imposing late fees, interest, or penalties during an investigation by the commission; allows retroactive late fees, interest, or penalties if a determination is made in favor of such utility corporation; prohibits utility services from being terminated during an investigation by the commission; requires utility corporations to notify customers of investigations; requires notice to the general public.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced) 2024-06-06 - ordered to third reading rules cal.529 [A07537 Detail]
Download: New_York-2023-A07537-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7537--B 2023-2024 Regular Sessions IN ASSEMBLY May 25, 2023 ___________ Introduced by M. of A. SHRESTHA, GALLAGHER, AUBRY, JACOBSON, STECK, BURDICK, SIMON, MITAYNES, EPSTEIN, STIRPE, THIELE, MAMDANI, FORREST, CARROLL, L. ROSENTHAL, DE LOS SANTOS, SEPTIMO, REYES, RAGA -- read once and referred to the Committee on Corporations, Authorities and Commissions -- recommitted to the Committee on Corporations, Authori- ties and Commissions in accordance with Assembly Rule 3, sec. 2 -- 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 termination of certain utility services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "consumer utility protections during investigations act" or the 3 "CUPDI act". 4 § 2. Section 2 of the public service law is amended by adding a new 5 subdivision 30 to read as follows: 6 30. "Final determination" or "finally determined" means a judicial 7 decision: (i) by the highest court of competent jurisdiction; or (ii) by 8 a court of competent jurisdiction from which no appeal has been taken 9 and the time within which to appeal has expired. 10 § 3. The public service law is amended by adding a new section 54 to 11 read as follows: 12 § 54. Investigations relating to residential gas, electric and steam 13 utility service. 1. For the purposes of this section, the term "investi- 14 gation" shall mean a formal proceeding conducted by the commission to 15 examine the policies, practices, rates, charges, services, facilities, 16 operations, or management of a utility corporation or to determine EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07069-10-4A. 7537--B 2 1 compliance with any law, rule, regulation, order, or tariff applicable 2 to such utility corporation. The term "investigation" shall include such 3 proceedings conducted pursuant to section seventy-one of this chapter. 4 Notwithstanding anything to the contrary, the term "investigation" shall 5 not include commission inquiries triggered by an individual customer 6 complaint filed pursuant to section forty-three of this article. 7 2. (a) A utility corporation shall not impose late fees, interest or 8 penalties during an investigation if such utility corporation is the 9 subject of a pending investigation, provided however, that such late 10 fees, interest and penalties may be imposed retroactively if such inves- 11 tigation is issued a final order in favor of such utility corporation. 12 Such late payment charges shall be in compliance with the guidelines set 13 forth in section forty-two of this article. 14 (b) Upon the final determination or by the issuance of a final order, 15 of any investigation covered by this section, the commission shall 16 either (i) determine any allowable penalties the utility corporation may 17 impose upon its customers, or (ii) waive, or partially waive, any inter- 18 est or fees charged by the utility corporation to the consumer on such 19 consumer's billing statements during a period such utility corporation 20 determines to be related to such investigation. 21 3. Notwithstanding any law, rule, regulation, order, or tariff to the 22 contrary, utility service shall not be terminated to residential 23 accounts for non-payment of an overdue charge from the commencement of 24 any commission investigation until one hundred twenty days after the 25 findings of such investigation have been published and a determination 26 has been issued by the commission. Nothing in this section shall prohib- 27 it a utility corporation from disconnecting service necessary to protect 28 the health and safety of customers and the public. 29 4. (a) Within ten days of the commencement of an investigation, the 30 utility corporation shall notify residential customers of such investi- 31 gation. Forms of notification of an investigation from a utility corpo- 32 ration to a residential customer shall include, but not be limited to, 33 letters, notices on utility bills, phone calls, and notices posted on 34 the utility corporation's website. 35 (b) Within three days of the commencement of an investigation, the 36 department shall post a notice to the general public of such investi- 37 gation on its website. 38 § 4. The public service law is amended by adding a new section 77-a to 39 read as follows: 40 § 77-a. Investigations relating to commercial gas and electric utility 41 service. 1. For the purposes of this section, the term "investigation" 42 shall mean a formal proceeding conducted by the commission to examine 43 the policies, practices, rates, charges, services, facilities, oper- 44 ations, or management of a utility corporation or to determine compli- 45 ance with any law, rule, regulation, order or tariff applicable to such 46 utility corporation. The term "investigation" shall include such 47 proceedings conducted pursuant to section seventy-one of this article. 48 Notwithstanding anything to the contrary, the term "investigation" shall 49 not include commission inquiries triggered by an individual customer 50 complaint filed pursuant to section forty-three of this chapter. 51 2. (a) A utility corporation shall not impose late fees, interest or 52 penalties during an investigation if such utility corporation is the 53 subject of a pending investigation, provided however, that such late 54 fees, interest and penalties may be imposed retroactively if such inves- 55 tigation is issued a final order in favor of such utility corporation.A. 7537--B 3 1 Such late payment charges shall be in compliance with the guidelines set 2 forth in section sixty-five of this article. 3 (b) Upon the final determination or by the issuance of a final order, 4 of any investigation covered by this section, the commission shall 5 either (i) determine any allowable penalties the utility corporation may 6 impose upon its customers, or (ii) waive, or partially waive, any inter- 7 est or fees charged by such utility corporation to the consumer on such 8 consumer's billing statements during a period such utility corporation 9 determines to be related to such investigation. 10 3. Notwithstanding any law, rule, regulation, order, or tariff to the 11 contrary, utility service shall not be terminated to residential 12 accounts for non-payment of an overdue charge from the commencement of 13 any commission investigation until one hundred twenty days after the 14 findings of such investigation have been published and a determination 15 has been issued by the commission. Nothing in this section shall prohib- 16 it a utility corporation from disconnecting service necessary to protect 17 the health and safety of customers and the public. 18 4. (a) Within ten days of the commencement of an investigation, the 19 utility corporation shall notify residential customers of such investi- 20 gation. Forms of notification of an investigation from a utility corpo- 21 ration to a residential customer shall include, but not be limited to, 22 letters, notices on utility bills, phone calls, and notices posted on 23 the utility corporation's website. 24 (b) Within three days of the commencement of an investigation, the 25 department shall post a notice to the general public of such investi- 26 gation on its website. 27 § 5. The public service law is amended by adding a new section 85-a to 28 read as follows: 29 § 85-a. Investigations relating to commercial steam utility service. 30 1. For the purposes of this section, the term "investigation" shall 31 mean a formal proceeding conducted by the commission to examine the 32 policies, practices, rates, charges, services, facilities, operations, 33 or management of a utility corporation or to determine compliance with 34 any law, rule, regulation, order or tariff applicable to such utility 35 corporation. The term "investigation" shall include such proceedings 36 conducted pursuant to section seventy-one of this chapter. Notwith- 37 standing anything to the contrary, the term "investigation" shall not 38 include commission inquiries triggered by an individual customer 39 complaint filed pursuant to section forty-three of this chapter. 40 2. (a) A utility corporation shall not impose late fees, interest, or 41 penalties during an investigation if such utility corporation is the 42 subject of a pending investigation, provided however, that such late 43 fees, interest and penalties may be imposed retroactively if such inves- 44 tigation is issued a final order in favor of such utility corporation. 45 Such late payment charges shall be in compliance with section seventy- 46 nine of this article. 47 (b) Upon the final determination or by the issuance of a final order, 48 of any investigation covered by this section, the commission shall 49 either (i) determine any allowable penalties the utility corporation may 50 impose upon its customers, or (ii) waive, or partially waive, any inter- 51 est or fees charged by the utility corporation to the consumer on such 52 consumer's billing statements during a period such utility corporation 53 determines to be related to such investigation. 54 3. Notwithstanding any law, rule, regulation, order, or tariff to the 55 contrary, utility service shall not be terminated to residential 56 accounts for non-payment of an overdue charge from the commencement ofA. 7537--B 4 1 any commission investigation until one hundred twenty days after the 2 findings of such investigation have been published and a determination 3 has been issued by the commission. Nothing in this section shall prohib- 4 it a utility corporation from disconnecting service necessary to protect 5 the health and safety of customers and the public. 6 4. (a) Within ten days of the commencement of an investigation, the 7 utility corporation shall notify residential customers of such investi- 8 gation. Forms of notification of an investigation from a utility corpo- 9 ration to a residential customer shall include, but not be limited to, 10 letters, notices on utility bills, phone calls, and notices posted on 11 the utility corporation's website. 12 (b) Within three days of the commencement of an investigation, the 13 department shall post a notice to the general public of such investi- 14 gation on its website. 15 § 6. This act shall take effect on the thirtieth day after it shall 16 have become a law.
