Bill Text: NY S00929 | 2021-2022 | General Assembly | Amended


Bill Title: Provides a reimbursement to small businesses and residential consumers of certain utilities for failure to provide contracted services; requires the Long Island power authority to do the same.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed) 2021-02-23 - referred to corporations, authorities and commissions [S00929 Detail]

Download: New_York-2021-S00929-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         929--B
            Cal. No. 248

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens.  KAPLAN, GAUGHRAN, HARCKHAM, HINCHEY -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on  Energy  and  Telecommunications  --  committee  discharged,   bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported  favorably  from  said  committee,  ordered  to  first
          report,  amended  on  first  report,  ordered  to  a second report and
          ordered reprinted, retaining its place in the order of second report

        AN ACT to amend the public service law and the public  authorities  law,
          in  relation  to providing a reimbursement to small business and resi-
          dential  consumers  of  certain  utilities  for  failure  to   provide
          contracted services

          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  119-d to read as follows:
     3    §  119-d.  Failure  to  provide contracted services. 1.  A residential
     4  consumer or small business who has a contract for  service  with  a  gas
     5  corporation,  electric  corporation, gas and electric corporation, water
     6  corporation, steam corporation or a  municipality  rendering  equivalent
     7  utility  services  shall be entitled to a discount when the service such
     8  residential consumer  or  small  business  has  contracted  for  is  not
     9  provided  for  by  such  gas  corporation, electric corporation, gas and
    10  electric corporation, water corporation, steam corporation or a  munici-
    11  pality  rendering  equivalent  utility services for a period of at least
    12  forty-eight hours after the end  of  a  failure  of  equipment,  weather
    13  event,  natural  disaster  or  any  other disruption in the providing of
    14  service. The department shall promulgate rules and  regulations,  within
    15  one  hundred  eighty days from the effective date of this act, to calcu-
    16  late how a utility shall reimburse a residential consumer or small busi-
    17  ness pursuant to this section.  Such reimbursement shall be  applied  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02597-04-1

        S. 929--B                           2

     1  the  monthly  charges  assessed by such gas corporation, electric corpo-
     2  ration, gas and electric corporation, water  corporation,  steam  corpo-
     3  ration or a municipality rendering equivalent utility services.
     4    2.  For  purposes of this section, "small business" shall mean a busi-
     5  ness which is resident in this state, independently owned and  operated,
     6  not dominant in its field and employs fifty or less persons.
     7    3.  No cost created pursuant to this section shall be the responsibil-
     8  ity of a ratepayer.
     9    § 2. Section 1020-f of the public authorities law, as added by chapter
    10  517 of the laws of 1986, is amended by adding a new subdivision (ii)  to
    11  read as follows:
    12    (ii) Failure to provide contracted services.  1. A residential consum-
    13  er  or  small  business  who  has  a contract for service with a service
    14  provider or the authority shall be  entitled  to  a  discount  when  the
    15  service  such  residential consumer or small business has contracted for
    16  is not provided for by such service provider  or  the  authority  for  a
    17  period  of  at  least  forty-eight  hours  after the end of a failure of
    18  equipment, weather event, natural disaster or any  other  disruption  in
    19  the  providing  of  service.  The board shall promulgate rules and regu-
    20  lations, within one hundred eighty days from the effective date of  this
    21  act,  to  calculate  how a service provider or the authority shall reim-
    22  burse a residential consumer or small business pursuant to this subdivi-
    23  sion. Such  reimbursement  shall  be  applied  to  the  monthly  charges
    24  assessed by such service provider or the authority.
    25    2.  For  purposes  of  this subdivision, "small business" shall mean a
    26  business which is resident in this state, independently owned and  oper-
    27  ated, not dominant in its field and employs fifty or less persons.
    28    § 3. This act shall take effect immediately.
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