Bill Text: NY A07554 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Directs the department of public service to prepare written reports on the effect the COVID-19 state of emergency has on certain utilities of electric, gas, water, wastewater, and telephone service to commercial and residential customers in the state and on the affordability of services.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-06-03 - substituted by s5451c [A07554 Detail]
Download: New_York-2021-A07554-Amended.html
Bill Title: Directs the department of public service to prepare written reports on the effect the COVID-19 state of emergency has on certain utilities of electric, gas, water, wastewater, and telephone service to commercial and residential customers in the state and on the affordability of services.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-06-03 - substituted by s5451c [A07554 Detail]
Download: New_York-2021-A07554-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7554--A 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 -- 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 directing the department of public service to prepare a written report on the affordability of utility services (Part A); and direct- ing the department of public service 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 and the affordability of such services. Each component is 4 wholly contained within a Part identified as Parts A through B. The 5 effective date for each particular provision contained within such Part 6 is set forth in the last section of such Part. Any provision in any 7 section contained within a Part, including the effective date of the 8 Part, which makes reference to a section "of this act", when used in 9 connection with that particular component, shall be deemed to mean and 10 refer to the corresponding section of the Part in which it is found. 11 Section four of this act sets forth the general effective date of this 12 act. 13 § 2. Legislative findings and declaration. In response to the COVID-19 14 pandemic, chapters 108 and 126 of the laws of 2020 were adopted to 15 ensure that New Yorkers would not be deprived of gas, electric, water or 16 telephone service, helping households follow the vital state policy of 17 "sheltering in place." The moratorium prohibited termination of utility 18 services at a pivotal moment when it became evident that sanitary condi- 19 tions were required to combat the COVID-19 virus and keep New Yorkers EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03808-11-2A. 7554--A 2 1 safe and healthy, especially seniors and the medically vulnerable. The 2 legislature finds and declares that it is unknown to the state the 3 number of New Yorkers who had their services terminated or disconnected 4 during the pandemic. The legislature finds that many utility customers 5 rely on continuous service for heat, water, and electricity to power 6 necessary equipment, such as life-saving health care devices and other 7 New Yorkers require cooling during extreme heat conditions and heat 8 during extreme cold conditions, particularly when congregate care cool- 9 ing and heating facilities are not safe for use by medically vulnerable 10 households. The legislature finds that the state requires comprehensive 11 data concerning New Yorkers' ability to afford utility service, includ- 12 ing the number of New Yorkers who had their services terminated or who 13 are currently at risk of termination during the pandemic. The legisla- 14 ture finds that this data is critical to ascertain the effectiveness of 15 the moratorium and other COVID-19 consumer protections, as well as the 16 disruptive effects that the pandemic has had on utility customers' 17 finances, and utility finances and services, and the public health, 18 safety and welfare of millions of medically and financially vulnerable 19 citizens. The legislature also finds that the permanent collection and 20 reporting of utility data is imperative to gain regular updates on and 21 evaluate trends concerning the scale and extent of terminations and 22 utility debt across the state, so that evidence-based policy can be 23 properly crafted thereafter. 24 PART A 25 Section 1. 1. As used in this act: 26 a. "Assistance program" shall mean any program offered to eligible 27 low-income customers to assist with the costs of electricity, gas, 28 water, and telephone including but not limited to the low-income home 29 energy assistance program, any low-income affordability plans as 30 provided by public service commission case number 14-M-0565, and/or any 31 other financial assistance program provided through or by New York state 32 or individual utilities, counties or municipalities. 33 b. "COVID-19 state of emergency" shall mean the state disaster emer- 34 gency declared pursuant to executive order 202 of 2020. 35 c. "Department" shall mean the department of public service. 36 d. "Municipality" shall have the same meaning as subdivision 16 of 37 section 2 of the public service law and shall include potable water 38 districts and potable water systems owned and/or operated by a city, 39 town, village, authority or other governmental subdivision. 40 e. "Telephone corporation" shall have the same meaning as subdivision 41 17 of section 2 of the public service law. 42 f. "Utility" shall mean a municipality, telephone corporation, utility 43 corporation, steam corporation, water-works corporation, an electric 44 corporation as defined in subdivision 13 of section 2 of the public 45 service law, a gas corporation as defined in subdivision 11 of section 2 46 of the public service law, a combination gas and electric corporation as 47 defined in subdivision 14 of section 2 of the public service law, a 48 steam corporation as defined in subdivision 22 of section 2 of the 49 public service law and any other community water system as defined in 10 50 NYCRR § 5-1.1. 51 g. "Utility corporation" shall have the same meaning as subdivisions 52 23 and 24 of section 2 of the public service law. 53 h. "Water-works corporation" shall have the same meaning as subdivi- 54 sion 27 of section 2 of the public service law.A. 7554--A 3 1 2. a. Every utility shall be subject to the jurisdiction of the public 2 service commission for the purposes of enforcing the provisions of this 3 act pursuant to sections 24, 25 and 26 of the public service law. The 4 commission shall adjudicate complaints and conduct investigations for 5 violation of this act in the manner provided by the provisions of arti- 6 cle 2 of the public service law. 7 b. Within 60 days after the effective date of this act, the department 8 shall prepare and submit to the governor and the legislature a written 9 report that shall make findings and recommendations concerning the 10 affordability of electric, gas, water, and telephone service to commer- 11 cial and residential customers in this state. An updated report shall be 12 submitted monthly until 180 days after the end of the COVID-19 state of 13 emergency and quarterly thereafter. Without unreasonably exposing 14 consumer personally identifiable information in a manner that violates 15 public service law, department and public service commission practice or 16 federal law, the reports shall include but not be limited to the follow- 17 ing, with all information to be broken down by utility, type of service 18 provided, month, customer class, governmental subdivision, zip code, 19 county, and United States Census American Community Survey Public Use 20 Micro-data Area: 21 (1) the number of customers and how that number compares to the previ- 22 ous year's number of customers at the same time; 23 (2) the number of disconnection notices sent due to non-payment, 24 disconnections due to non-payment, reconnections of customers that were 25 disconnected for non-payment, average time between service disconnection 26 due to non-payment and service reconnection, and how those numbers 27 compare to the previous year at the same time; 28 (3) the number of liens on real property placed, sold, or enforced due 29 to non-payment, and how those numbers compare to the previous year at 30 the same time, if applicable; 31 (4) the number of customers in arrears by 1-90 days, 90-180 days, and 32 greater than 180 days at the end of each month, the total dollar amount 33 owed, and how those numbers compare to the previous year at the same 34 time. Provided, however, that a utility or municipality may petition 35 the department, in a form and manner to be determined by the department, 36 to allow such utility or municipality to provide such data in an alter- 37 native format if the specificity set forth in this act cannot be 38 obtained from an existing utility information technology system and such 39 data would result in the increase of customer utility bills; 40 (5) the number of customers that became eligible for disconnection due 41 to bill non-payment but were not disconnected because of any legally 42 mandated or voluntary suspension of disconnections due to the COVID-19 43 state of emergency, or for any other statutory, regulatory or voluntary 44 reason irrespective of the COVID-19 emergency, or such other states of 45 emergency as may follow the end of the COVID-19 emergency; 46 (6) the number of customers that declared a change in financial 47 circumstances due to the COVID-19 state of emergency pursuant to 48 sections 32, 89-b, 89-l and 91 of the public service law; 49 (7) the number of customers enrolled in deferred payment agreements at 50 the end of each month, the total dollar amount of arrears, and how those 51 numbers compare to the previous year at the same time; 52 (8) the number of customers that entered into, successfully completed, 53 or defaulted from a deferred payment agreement, the total dollar amount 54 of arrears, the average length of the repayment term under such agree- 55 ments, and how those numbers compare to the previous year at the same 56 time;A. 7554--A 4 1 (9) available customer assistance programs, including terms of eligi- 2 bility, and any enhancements to the programs that have been made or 3 are planned to address actual or anticipated increased demand; 4 (10) the number of customers that applied for financial assistance 5 under each applicable assistance program, and how those numbers compare 6 to the previous year at the same time; 7 (11) the number of customers receiving assistance under each assist- 8 ance program at the end of each month, the total dollar amount of 9 assistance provided for arrears, the total dollar amount of assistance 10 provided for current or future bills and the average amount per custom- 11 er, and how those numbers compare to the previous year at the same time; 12 (12) the number of customers charged late fees, penalties, recon- 13 nection fees, interest, and any other charge associated with late 14 payment of a bill; 15 (13) the total dollar amount of late fees, penalties, interest, recon- 16 nection fees and any other charge associated with late payment per 17 customer, the average and median dollar amount billed to customer 18 accounts and the average and median utility usage per customer account; 19 (14) the methods and contents of general communications by utilities 20 to customer accounts concerning their rights and available assistance 21 programs, excluding any customer-specific communications; 22 (15) the department's assessment of whether existing customer assist- 23 ance programs are presently and will in the future be sufficient to meet 24 the financial needs of customer accounts in arrears who are unable to 25 pay those arrears in full, as well as the needs of customer accounts who 26 may be unable to pay bills for current service; 27 (16) each utility's revenue, including sales revenue and operating or 28 net revenue information, and how those numbers compare to the previous 29 year at the same time; and 30 (17) each utility's schedule of rates and charges, provided that 31 "rates" means the fixed component, if any, and the volumetric or other 32 variable component, if any, of the cost of service that are applied to a 33 category of customers and "charges" means amounts that are billed to a 34 customer under specific circumstances that are not included in the 35 provider's base rate including, but not limited to, late fees, 36 connection fees, impact fees for new development, deposits for opening 37 new accounts and any other fees, surcharges or penalties. 38 c. Following the department's submission of any reports compiling and 39 analyzing the data, the reports shall be posted on the department 40 website and be subject to 30 days of public comment on affordability 41 from the date of issuance. The department shall provide meaningful 42 opportunities for public comment from all persons who will be 43 impacted by findings and submissions of the department, including 44 persons living in disadvantaged communities and in rural communities 45 across the state in entirety. Within 90 days of the submission of any 46 reports, the department shall conduct at least one public hearing in 47 each of the following regions of the state: western New York, the 48 finger lakes, the southern tier, central New York, the Mohawk valley, 49 the north country, the capital region/Hudson valley, and the city of New 50 York/Long Island, as defined by the empire state development corpo- 51 ration, and provide meaningful opportunity for comment. The public hear- 52 ings may be held virtually. 53 d. Each utility shall, within 30 days of the effective date of this 54 act, and monthly thereafter until 180 days after the end of the COVID-19 55 state of emergency, file with the department, in a form and manner 56 determined by the department, the information required pursuant to para-A. 7554--A 5 1 graph b of this subdivision. Following the lifting or expiry of the 2 COVID-19 state of emergency, each utility shall quarterly thereafter, or 3 until such covered entity ceases to provide service in New York state, 4 file with the department the information required pursuant to paragraph 5 b of this subdivision. Each utility shall publish on its website the 6 data it reports pursuant to this paragraph, simultaneously with 7 submission of the data to the department. 8 3. If the data required by this act cannot reasonably be obtained from 9 an existing utility information technology system without an increase in 10 customer utility bills, a utility or municipality may petition the 11 department, in a form and manner to be determined by the department, to 12 provide the required data in an alternative format. 13 4. The department shall publish on its website the reports required 14 pursuant to subdivision two of this section, simultaneously with the 15 submission of each report. The reports shall include presentations of 16 the information required pursuant to subdivision two of this section in 17 a spreadsheet format. 18 § 2. This act shall take effect immediately. 19 PART B 20 Section 1. 1. As used in this act: 21 a. "Assistance program" shall mean any program offered to eligible 22 low-income customers to assist with the costs of wastewater services. 23 b. "COVID-19 state of emergency" shall mean the state disaster emer- 24 gency declared pursuant to executive order 202 of 2020. 25 c. "Department" shall mean the department of public service. 26 d. "Municipality" shall mean a county, city, town or village and shall 27 include wastewater districts and systems owned and/or operated by a 28 city, town, village, authority or other governmental subdivision. 29 e. "Utility" shall mean a municipality or other entity providing 30 wastewater services to customers in the state. 31 2. a. Within 60 days after the effective date of this act, the depart- 32 ment shall prepare and submit to the governor and the legislature a 33 written report that shall make findings and recommendations concerning 34 the effect the COVID-19 state of emergency has had on the provision by 35 utilities of wastewater service to commercial and residential customers 36 in this state. An updated report shall be submitted monthly until 180 37 days after the end of the COVID-19 state of emergency and thereafter 38 shall be submitted quarterly by and for each utility until such a 39 covered entity ceases to provide service in New York state. Without 40 unreasonably exposing consumer personally identifiable information in a 41 manner that violates public service law, department and public service 42 commission practice or federal law, the reports shall include but not be 43 limited to the following, with all information to be broken down by 44 utility, type of service provided, month, customer class, governmental 45 division, zip code, county, and United States Census American Community 46 Survey Public Use Micro-data Area: 47 (1) the number of customers and how that number compares to the previ- 48 ous year's number of customers at the same time; 49 (2) the number of disconnection notices sent due to non-payment, 50 disconnections due to non-payment, reconnections of customers that were 51 disconnected for non-payment, and how those numbers compare to the 52 previous year at the same time;A. 7554--A 6 1 (3) the number of liens on real property placed, sold, or enforced due 2 to non-payment, and how those numbers compare to the previous year at 3 the same time, if applicable; 4 (4) the number of customers in arrears by 1-90 days, 90-180 days, and 5 greater than 180 days at the end of each month, the total dollar amount 6 owed and how those numbers compare to the previous year at the same 7 time. Provided, however, that a utility or municipality may petition 8 the department, in a form and manner to be determined by the department, 9 to allow such utility or municipality to provide such data in an alter- 10 native format if the specificity set forth in this act cannot be 11 obtained from an existing utility information technology system and such 12 data would result in the increase of customer utility bills; 13 (5) the number of customers that became eligible for disconnection due 14 to bill nonpayment but were not disconnected because of any legally 15 mandated or voluntary suspension of disconnections due to the COVID-19 16 state of emergency, or for any other statutory, regulatory or voluntary 17 reason irrespective of the COVID-19 emergency, or such other states of 18 emergency as may follow the end of the COVID-19 emergency; 19 (6) the number of customers that declared a change in financial 20 circumstances due to the COVID-19 state of emergency; 21 (7) the number of customers enrolled in deferred payment agreements at 22 the end of each month, the average length of the repayment term under 23 such agreements, the total dollar amount of arrears and how those 24 numbers compare to the previous year at the same time; 25 (8) the number of customers that entered into, successfully completed, 26 or defaulted from a deferred payment agreement, the total dollar amount 27 of arrears and how those numbers compare to the previous year at the 28 same time; 29 (9) available utility customer assistance programs, including terms of 30 eligibility, and any enhancements to the programs that have been made or 31 are planned to address actual or anticipated increased demand; 32 (10) the number of customers that applied for financial assistance 33 under each applicable assistance program, and how those numbers compare 34 to the previous year at the same time; 35 (11) the number of customers receiving assistance under each assist- 36 ance program at the end of each month, the total dollar amount of 37 assistance provided for arrears, the total dollar amount of assistance 38 provided for current or future bills and how that number compares to the 39 previous year at the same time; 40 (12) the number of customers charged late fees, penalties, recon- 41 nection fees, interest, and any other charge associated with late 42 payment; 43 (13) the total dollar amount of late fees, penalties, reconnection 44 fees, interest and any other charge associated with late payment per 45 customer, the average and median dollar amount billed to customer 46 accounts and the average and median utility usage per customer account; 47 (14) the methods and contents of general communications by utilities 48 to customer accounts concerning their rights and available assistance 49 programs, excluding any customer-specific communications; 50 (15) the department's assessment of whether existing customer assist- 51 ance programs are presently and will in the future be sufficient to meet 52 the financial needs of customer accounts in arrears who are unable to 53 pay those arrears in full, as well as the needs of customer accounts who 54 may be unable to pay bills for current service;A. 7554--A 7 1 (16) each utility's revenue, including sales revenue and operating or 2 net revenue information, and how those numbers compare to the previous 3 year at the same time; and 4 (17) each utility's schedule of rates and charges, provided that 5 "rates" means the fixed component, if any, and the volumetric or other 6 variable component, if any, of the cost of service that are applied to a 7 category of customers and "charges" mean amounts that are billed to a 8 customer under specific circumstances that are not included in the 9 provider's base rate including, but not limited to, late fees, 10 connection fees, impact fees for new development, deposits for opening 11 new accounts, and any other fees, surcharges, or penalties. 12 b. Each utility shall, within 30 days of the effective date of this 13 act, and monthly thereafter until 180 days after the end of the COVID-19 14 state of emergency, and quarterly thereafter until such a covered entity 15 ceases to provide service in New York state, file with the department, 16 in a form and manner determined by the department, the information 17 required pursuant to paragraph a of this subdivision. Each utility 18 shall publish on its website the data it reports pursuant to this para- 19 graph, simultaneously with submission of the data to the department. 20 3. If the data required by this act cannot reasonably be obtained from 21 an existing utility information technology system without an increase in 22 customer utility bills, a utility or municipality may petition the 23 department, in a form and manner to be determined by the department, to 24 provide the required data in an alternative format. 25 4. The department shall publish on its website the reports required 26 pursuant to subdivision two of this section, simultaneously with the 27 submission of each report. The reports shall include presentations of 28 the information required pursuant to subdivision two of this section in 29 a spreadsheet format. 30 § 2. This act shall take effect immediately. 31 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 32 sion, section or part of this act shall be adjudged by any court of 33 competent jurisdiction to be invalid, such judgment shall not affect, 34 impair, or invalidate the remainder thereof, but shall be confined in 35 its operation to the clause, sentence, paragraph, subdivision, section 36 or part thereof directly involved in the controversy in which such judg- 37 ment shall have been rendered. It is hereby declared to be the intent of 38 the legislature that this act would have been enacted even if such 39 invalid provisions had not been included herein. 40 § 4. This act shall take effect immediately; provided, however, that 41 the applicable effective date of Parts A through B of this act shall be 42 as specifically set forth in the last section of such Parts.
