Bill Text: NY S04322 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2022-02-03 - PRINT NUMBER 4322B [S04322 Detail]

Download: New_York-2021-S04322-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4322

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 3, 2021
                                       ___________

        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
          customer of gas or electric services the right to commence  an  action
          prior to making a formal complaint with the commission

          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 the
    14  just and reasonable rates, charges and classifications thereafter to  be
    15  in  force  for the service to be furnished notwithstanding that a higher
    16  or lower rate or charge has heretofore been  prescribed  by  general  or
    17  special  statute, contract, grant, franchise condition, consent or other
    18  agreement, and the just and reasonable acts and regulations to  be  done
    19  and  observed;  and whenever the commission shall be of opinion, after a
    20  hearing had upon its own motion or upon complaint,  that  the  property,
    21  equipment  or appliances of any such person, corporation or municipality
    22  are unsafe, inefficient or inadequate, the  commission  shall  determine
    23  and  prescribe  the safe, efficient and adequate property, equipment and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08805-01-1

        S. 4322                             2

     1  appliances thereafter to be used, maintained and operated for the  secu-
     2  rity  and  accommodation  of  the  public  and  in  compliance  with the
     3  provisions of law and of their franchises and charters.  Notwithstanding
     4  any  other  provision of this article to the contrary, a customer of any
     5  gas corporation or electric corporation, or a customer  of  any  person,
     6  company or corporation providing electricity or gas service to customers
     7  may,  at any point prior to making a formal complaint to the commission,
     8  or before filing an article seventy-eight following a formal  commission
     9  decision, commence an action before a court of competent jurisdiction in
    10  this state to enforce any rights provided to such customer by this arti-
    11  cle.
    12    § 2. This act shall take effect immediately.
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