Bill Text: NY S03674 | 2025-2026 | General Assembly | Introduced

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Bill Title: Provides a judicial remedy to resolve complaints related to utility bills that have an alleged amount of damages exceeding twenty-five thousand dollars.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-29 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S03674 Detail]

Download: New_York-2025-S03674-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3674

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 29, 2025
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN ACT to amend the public service law, in relation to providing a judi-
          cial remedy to resolve complaints related to utility bills

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 5 of section 66 of the public service  law,  as
     2  amended  by  chapter  134  of  the  laws  of 1921, is amended to read as
     3  follows:
     4    5. Examine all persons,  corporations  and  municipalities  under  its
     5  supervision  and keep informed as to the methods, practices, regulations
     6  and property employed by them in  the  transaction  of  their  business.
     7  Whenever  the  commission  shall be of opinion, after a hearing had upon
     8  its own motion or upon complaint, that the rates, charges or classifica-
     9  tions or the acts or regulations of  any  such  person,  corporation  or
    10  municipality are unjust, unreasonable, unjustly discriminatory or unduly
    11  preferential  or  in  anywise  in violation of any provision of law, the
    12  commission shall determine and prescribe in the manner provided  by  and
    13  subject to the provisions of section seventy-two of this [chapter] arti-
    14  cle the just and reasonable rates, charges and classifications thereaft-
    15  er to be in force for the service to be furnished notwithstanding that a
    16  higher or lower rate or charge has heretofore been prescribed by general
    17  or  special  statute,  contract,  grant, franchise condition, consent or
    18  other agreement, and the just and reasonable acts and regulations to  be
    19  done  and  observed;  and  whenever  the commission shall be of opinion,
    20  after a hearing had upon its own motion  or  upon  complaint,  that  the
    21  property,  equipment  or  appliances  of any such person, corporation or
    22  municipality are unsafe, inefficient or inadequate, the commission shall
    23  determine and prescribe  the  safe,  efficient  and  adequate  property,
    24  equipment  and appliances thereafter to be used, maintained and operated

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05247-01-5
        S. 3674                             2

     1  for the security and accommodation of the public and in compliance  with
     2  the  provisions  of  law  and of their franchises and charters. Notwith-
     3  standing any other provision of this article to the contrary, a customer
     4  of  any  gas corporation, electric corporation, steam corporation or any
     5  combination thereof, or a customer of  any  other  person,  company,  or
     6  corporation  providing  electricity,  steam  or gas service to customers
     7  may, prior to, or in lieu of, the commencement of an informal hearing or
     8  informal review pursuant to 16  NYCRR  12.5,  or  before  commencing  an
     9  action  pursuant  to article seventy-eight of the civil practice law and
    10  rules following a formal regulatory body decision,  commence  an  action
    11  under  any  legal  theory  against any party or regulatory body, for any
    12  claims in any court of competent  jurisdiction  to  enforce  any  rights
    13  provided to such customer. Any court of competent jurisdiction reviewing
    14  any  such  claims  shall  not be required to defer to a regulatory body.
    15  Such action shall only be commenced when the alleged amount  of  damages
    16  in  controversy exceeds twenty-five thousand dollars, individually or in
    17  the aggregate.
    18    § 2. This act shall take effect on the thirtieth day  after  it  shall
    19  have become a law.