STATE OF NEW YORK ________________________________________________________________________ 10479 IN ASSEMBLY May 27, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cunningham) -- read once and referred to the Committee on Energy AN ACT to amend the public service law, in relation to establishing minimum standards for payment plans for eligible customers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 66-t to read as follows: 3 § 66-t. Minimum standards for payment plans. 1. The commission is 4 authorized and directed to set standards for payment plans for eligible 5 customers set up by utility companies. Such standards shall include: 6 (a) Whether a payment agreement is reasonable. Reasonableness shall be 7 determined by considering the current household income, ability to pay, 8 payment history including prior defaults on similar agreements, the size 9 of the bill, the amount of time and the reasons why the bill has been 10 outstanding, and any special circumstances creating extreme hardships 11 within the household. The utility company may require the person to 12 confirm financial difficulty with an acknowledgment from another state 13 or local agency; 14 (b) Requiring each utility company to make available to its residen- 15 tial customers for utility service provided at the customer's primary 16 residence a payment plan which averages estimated utility costs over a 17 ten-month or twelve-month period to eliminate, insofar as it is practi- 18 cable, seasonal fluctuations in utility bills; 19 (c) Requiring each utility company to permit each customer a period of 20 not less than twenty-one days from the date the bill was sent to pay in 21 full, unless the customer and the utility agree on a different due date. 22 A utility company shall not withdraw funds from a customer's account 23 before the due date in cases where a customer uses an automatic bill 24 payment plan unless the customer agrees to a different period; 25 (d) In the event a rate change approved by the commission becomes 26 effective while a residential customer is enrolled in and in compliance 27 with a payment plan, the effect of the rate change shall be included 28 ratably over the remainder of the payment plan period. Included with the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15624-01-2A. 10479 2 1 first adjusted bill, the utility company shall provide notice to the 2 customer explaining the reason for the change and showing a calculation 3 of how the utility company arrived at the new monthly payment; and 4 (e) While enrolled in a residential payment plan a residential custom- 5 er's utility service may not be terminated unless the residential 6 customer violates a rule of the utility company on file with the commis- 7 sion, disconnection is necessary for reasons of health, safety, or state 8 or national emergencies, or termination is ordered by the commission. 9 Payment plans shall be offered to allow a customer to pay past-due 10 amounts over a period of time, unless the amounts owing relate to theft 11 of service, tampering, an unauthorized use of service, or failure to 12 abide by the terms of a time-payment plan. The customer shall make the 13 initial payment within one business day of agreeing to the time-payment 14 plan. 15 2. An individual or household shall be determined to be eligible for a 16 payment plan under this section if such individual or household provides 17 documentation of eligibility to the utility company for any of the 18 following programs: 19 (a) temporary assistance for needy families (family assistance); 20 (b) safety net assistance (public assistance); 21 (c) supplemental security income (SSI); 22 (d) supplemental nutrition assistance program (SNAP); 23 (e) low income home energy assistance program; 24 (f) veteran's disability pension; 25 (g) veteran's surviving spouse pension; 26 (h) child health plus; 27 (i) lifeline; 28 (j) home energy assistance program (HEAP); 29 (k) direct vendor or utility guarantee; 30 (l) temporary assistance to needy families (TANF); 31 (m) social security disability insurance (SSDI); 32 (n) emergency rental assistance program (ERAP); and 33 (o) any other income-based assistance program identified by the 34 commission. 35 § 2. This act shall take effect immediately.