STATE OF NEW YORK
________________________________________________________________________
7554
2021-2022 Regular Sessions
IN ASSEMBLY
May 13, 2021
___________
Introduced by M. of A. CAHILL -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT directing the department of public service to prepare a written
report on the effect of the COVID-19 state of emergency on certain
utilities (Part A); and directing the department of environmental
conservation to prepare a written report on the effect of the COVID-19
state of emergency on wastewater utilities (Part B)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law components of legislation relating
2 to the effects of the COVID-19 state disaster emergency on utilities'
3 services. Each component is wholly contained within a Part identified as
4 Parts A through B. The effective date for each particular provision
5 contained within such Part is set forth in the last section of such
6 Part. Any provision in any section contained within a Part, including
7 the effective date of the Part, which makes reference to a section "of
8 this act", when used in connection with that particular component, shall
9 be deemed to mean and refer to the corresponding section of the Part in
10 which it is found. Section four of this act sets forth the general
11 effective date of this act.
12 § 2. Legislative findings and declaration. In response to the COVID-19
13 pandemic, chapter 108 of the laws of 2020 was adopted to ensure that New
14 Yorkers would not be deprived of a minimum standard of decency. The law
15 prohibited termination of utility services at a pivotal moment when it
16 became evident that sanitary conditions were required to combat the
17 COVID-19 virus. The legislature finds and declares that it is unknown to
18 the state the number of New Yorkers whom had their services terminated
19 or disconnected during the pandemic. The legislature finds that many
20 utility customers rely on continuous service for heat, water, and elec-
21 tricity to power necessary equipment, such as life-saving health care
22 devices. Now, as vaccine approvals and distributions signal a potential
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03808-03-1
A. 7554 2
1 end to the pandemic, the legislature finds and declares that it is
2 imperative to ascertain the disruptive effects the pandemic had on util-
3 ity customers and utility services, so that evidence-based policy can
4 be properly crafted thereafter.
5 PART A
6 Section 1. 1. As used in this act:
7 a. "Assistance program" shall mean any program offered to eligible
8 low-income customers to assist with the costs of electricity, gas,
9 water, and telephone including but not limited to the low-income home
10 energy assistance program, any low-income affordability plans as
11 provided by public service commission case number 14-M-0565, and/or any
12 other financial assistance program provided by individual utilities,
13 counties or municipalities.
14 b. "COVID-19 state of emergency" shall mean the state disaster emer-
15 gency declared pursuant to executive order 202 of 2020.
16 c. "Department" shall mean the department of public service.
17 d. "Municipality" shall have the same meaning as subdivision 16 of
18 section 2 of the public service law and shall include potable water
19 districts and potable water systems owned and/or operated by a city,
20 town, village or other governmental subdivision.
21 e. "Telephone corporation" shall have the same meaning as subdivision
22 17 of section 2 of the public service law.
23 f. "Utility" shall mean a municipality, telephone corporation, utility
24 corporation, steam corporation, water-works corporation, an electric
25 corporation as defined in subdivision 13 of section 2 of the public
26 service law, a gas corporation as defined in subdivision 11 of section 2
27 of the public service law, a combination gas and electric corporation as
28 defined in subdivision 14 of section 2 of the public service law, and a
29 steam corporation as defined in subdivision 22 of section 2 of the
30 public service law.
31 g. "Utility corporation" shall have the same meaning as subdivisions
32 23 and 24 of section 2 of the public service law.
33 h. "Water-works corporation" shall have the same meaning as subdivi-
34 sion 27 of section 2 of the public service law.
35 2. a. Within 30 days after the effective date of this act, the depart-
36 ment shall prepare and submit to the governor and the legislature a
37 written report that shall make findings and recommendations concerning
38 the effect the COVID-19 state of emergency has had on the provision by
39 utilities of electric, gas, water, and telephone service to commercial
40 and residential customers in this state. An updated report shall be
41 submitted monthly until 180 days after the end of the COVID-19 state of
42 emergency and thereafter shall be submitted quarterly by and for each
43 utility until such a covered entity ceases to provide service in New
44 York state. Without unreasonably exposing consumer personally identifi-
45 able information in a manner that violates public service law, depart-
46 ment and public service commission practice or federal law, the reports
47 shall include but not be limited to the following, with all information
48 to be broken down by utility, type of service provided, month, customer
49 class, municipality, zip code, county, and United States Census American
50 Community Survey Public Use Micro-data Area:
51 (1) the number of customers and how that number compares to the previ-
52 ous year's number of customers at the same time;
53 (2) the number of disconnection notices sent due to non-payment,
54 disconnections due to non-payment, reconnections of customers that were
A. 7554 3
1 disconnected for non-payment, average time between service disconnection
2 due to non-payment and service reconnection, and how those numbers
3 compare to the previous year at the same time;
4 (3) the number of liens on real property placed, sold, or enforced due
5 to non-payment, and how those numbers compare to the previous year at
6 the same time;
7 (4) the number of customers in arrears by 30, 60, 90, 120, 150, and
8 180 days at the end of each month, the total dollar amount owed and
9 average amount owed per customer in each of those categories, and how
10 those numbers compare to the previous year at the same time, provided
11 however that if the provision of such data beyond the current electric,
12 gas and steam utility standard of 60 day arrears would raise rates
13 unreasonably for residential or commercial ratepayers, the department
14 shall work with the utilities to take advantage of pending or ongoing
15 upgrades or replacement of utility information technology systems to
16 lower such bill impacts to two percent or less per year over the period
17 necessary to attain reports of the granularity set forth in this act;
18 (5) the number of customers that became eligible for disconnection due
19 to bill non-payment but were not disconnected because of any legally
20 mandated or voluntary suspension of disconnections due to the COVID-19
21 state of emergency, or for any other statutory, regulatory or voluntary
22 reason irrespective of the COVID-19 emergency, or such other states of
23 emergency as may follow the end of the COVID-19 emergency;
24 (6) the number of customers that declared a change in financial
25 circumstances due to the COVID-19 state of emergency pursuant to
26 sections 32, 89-b, 89-l and 91 of the public service law;
27 (7) the number of customers enrolled in deferred payment agreements at
28 the end of each month, the total dollar amount of arrears and average
29 amount of arrears per customer subject to such agreements, the average
30 length of the repayment term under such agreements, and how those
31 numbers compare to the previous year at the same time;
32 (8) the number of customers that entered into, successfully completed,
33 or defaulted from a deferred payment agreement, the total dollar amount
34 of arrears and average amount of arrears per customer subject to such
35 agreements, and how those numbers compare to the previous year at the
36 same time;
37 (9) available customer assistance programs, including terms of eligi-
38 bility, available budget for each program, and any enhancements to the
39 programs that have been made or are planned to address actual or antic-
40 ipated increased demand;
41 (10) the number of customers that applied for financial assistance
42 under each applicable assistance program, and how those numbers compare
43 to the previous year at the same time;
44 (11) the number of customers receiving assistance under each assist-
45 ance program at the end of each month, and how that number compares to
46 the previous year at the same time;
47 (12) the number of customers charged late fees, penalties, and inter-
48 est, the total dollar amount of late fees, penalties, and interest
49 charged and average amount of late fees, penalties, and interest per
50 customer subject to such charges, and how those numbers compare to the
51 previous year at the same time;
52 (13) the average and median dollar amount billed to customer accounts
53 and the average and median utility usage per customer account, and how
54 those numbers compare to the previous year at the same time;
55 (14) the total dollar amounts billed to and collected from customer
56 accounts and how those amounts compare to the previous year at the same
A. 7554 4
1 time, except that such data need not be broken down by municipality and
2 zip code within the service area of a utility;
3 (15) the methods and contents of general communications by utilities
4 to customer accounts concerning their rights and available assistance
5 programs, excluding any customer-specific communications; and
6 (16) the department's assessment of whether existing customer assist-
7 ance programs are presently and will in the future be sufficient to meet
8 the financial needs of customer accounts in arrears who are unable to
9 pay those arrears in full, as well as the needs of customer accounts who
10 may be unable to pay bills for current service.
11 b. Each utility shall, within 21 days of the effective date of this
12 act, monthly thereafter until 180 days after the end of the COVID-19
13 state of emergency, and quarterly thereafter until such a covered entity
14 ceases to provide service in New York state, file with the department,
15 in a form and manner determined by the department, the information
16 required pursuant to paragraph a of this subdivision. Each utility shall
17 publish on its website the data it reports pursuant to this paragraph,
18 simultaneously with submission of the data to the department.
19 3. The department shall publish on its website the reports required
20 pursuant to subdivision two of this section, simultaneously with the
21 submission of each report. The reports shall include presentations of
22 the information required pursuant to subdivision two of this section in
23 a spreadsheet format.
24 § 2. This act shall take effect immediately.
25 PART B
26 Section 1. 1. As used in this act:
27 a. "Assistance program" shall mean any program offered to eligible
28 low-income customers to assist with the costs of wastewater services.
29 b. "COVID-19 state of emergency" shall mean the state disaster emer-
30 gency declared pursuant to executive order 202 of 2020.
31 c. "Department" shall mean the department of environmental conserva-
32 tion.
33 d. "Municipality" shall mean a county, city, town or village and shall
34 include wastewater districts and systems owned and/or operated by a
35 city, town, village or other governmental subdivision.
36 e. "Utility" shall mean a municipality or other entity providing
37 wastewater services to customers in the state.
38 2. a. Within 30 days after the effective date of this act, the depart-
39 ment shall prepare and submit to the governor and the legislature a
40 written report that shall make findings and recommendations concerning
41 the effect the COVID-19 state of emergency has had on the provision by
42 utilities of wastewater service to commercial and residential customers
43 in this state. An updated report shall be submitted monthly until 180
44 days after the end of the COVID-19 state of emergency and thereafter
45 shall be submitted quarterly by and for each utility until such a
46 covered entity ceases to provide service in New York state. Without
47 unreasonably exposing consumer personally identifiable information in a
48 manner that violates public service law, department and public service
49 commission practice or federal law, the reports shall include but not be
50 limited to the following, with all information to be broken down by
51 utility, type of service provided, month, customer class, municipality,
52 zip code, county, and United States Census American Community Survey
53 Public Use Micro-data Area:
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1 (1) the number of customers and how that number compares to the previ-
2 ous year's number of customers at the same time;
3 (2) the number of disconnection notices sent due to non-payment,
4 disconnections due to non-payment, reconnections of customers that were
5 disconnected for non-payment, average time between service disconnection
6 due to non-payment and service reconnection, and how those numbers
7 compare to the previous year at the same time;
8 (3) the number of liens on real property placed, sold, or enforced due
9 to non-payment, and how those numbers compare to the previous year at
10 the same time;
11 (4) the number of customers in arrears by 30, 60, 90, 120, 150, and
12 180 days at the end of each month, the total dollar amount owed and
13 average amount owed per customer in each of those categories, and how
14 those numbers compare to the previous year at the same time, provided
15 however that if the provision of such data would raise rates unreason-
16 ably for residential or commercial customers, the department shall work
17 with the utilities to take advantage of pending or ongoing upgrades or
18 replacement of utility information technology systems to lower such bill
19 impacts to two percent or less per year over the period necessary to
20 attain reports of the granularity set forth in this act;
21 (5) the number of customers that became eligible for disconnection due
22 to bill nonpayment but were not disconnected because of any legally
23 mandated or voluntary suspension of disconnections due to the COVID-19
24 state of emergency, or for any other statutory, regulatory or voluntary
25 reason irrespective of the COVID-19 emergency, or such other states of
26 emergency as may follow the end of the COVID-19 emergency;
27 (6) the number of customers that declared a change in financial
28 circumstances due to the COVID-19 state of emergency;
29 (7) the number of customers enrolled in deferred payment agreements at
30 the end of each month, the total dollar amount of arrears and average
31 amount of arrears per customer subject to such agreements, the average
32 length of the repayment term under such agreements, and how those
33 numbers compare to the previous year at the same time;
34 (8) the number of customers that entered into, successfully completed,
35 or defaulted from a deferred payment agreement, the total dollar amount
36 of arrears and average amount of arrears per customer subject to such
37 agreements, and how those numbers compare to the previous year at the
38 same time;
39 (9) available customer assistance programs, including terms of eligi-
40 bility, available budget for each program, and any enhancements to the
41 programs that have been made or are planned to address actual or antic-
42 ipated increased demand;
43 (10) the number of customers that applied for financial assistance
44 under each applicable assistance program, and how those numbers compare
45 to the previous year at the same time;
46 (11) the number of customers receiving assistance under each assist-
47 ance program at the end of each month, and how that number compares to
48 the previous year at the same time;
49 (12) the number of customers charged late fees, penalties, and inter-
50 est, the total dollar amount of late fees, penalties, and interest
51 charged and average amount of late fees, penalties, and interest per
52 customer subject to such charges, and how those numbers compare to the
53 previous year at the same time;
54 (13) the average and median dollar amount billed to customer accounts
55 and the average and median utility usage per customer account, and how
56 those numbers compare to the previous year at the same time;
A. 7554 6
1 (14) the total dollar amounts billed to and collected from customer
2 accounts and how those amounts compare to the previous year at the same
3 time, except that such data need not be broken down by municipality and
4 zip code within the service area of a utility;
5 (15) the methods and contents of general communications by utilities
6 to customer accounts concerning their rights and available assistance
7 programs, excluding any customer-specific communications; and
8 (16) the department's assessment of whether existing customer assist-
9 ance programs are presently and will in the future be sufficient to meet
10 the financial needs of customer accounts in arrears who are unable to
11 pay those arrears in full, as well as the needs of customer accounts who
12 may be unable to pay bills for current service.
13 b. Each utility shall, within 21 days of the effective date of this
14 act, monthly thereafter until 180 days after the end of the COVID-19
15 state of emergency, and quarterly thereafter until such a covered entity
16 ceases to provide service in New York state, file with the department,
17 in a form and manner determined by the department, the information
18 required pursuant to paragraph a of this subdivision. Each utility shall
19 publish on its website the data it reports pursuant to this paragraph,
20 simultaneously with submission of the data to the department.
21 3. The department shall publish on its website the reports required
22 pursuant to subdivision two of this section, simultaneously with the
23 submission of each report. The reports shall include presentations of
24 the information required pursuant to subdivision two of this section in
25 a spreadsheet format.
26 § 2. This act shall take effect immediately.
27 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
28 sion, section or part of this act shall be adjudged by any court of
29 competent jurisdiction to be invalid, such judgment shall not affect,
30 impair, or invalidate the remainder thereof, but shall be confined in
31 its operation to the clause, sentence, paragraph, subdivision, section
32 or part thereof directly involved in the controversy in which such judg-
33 ment shall have been rendered. It is hereby declared to be the intent of
34 the legislature that this act would have been enacted even if such
35 invalid provisions had not been included herein.
36 § 4. This act shall take effect immediately; provided, however, that
37 the applicable effective date of Parts A through B of this act shall be
38 as specifically set forth in the last section of such Parts.