Bill Text: NY S07679 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the provision of electric service upon application; requires electric providers to submit annual reports regarding proposals to meet emission-free electricity generation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-06 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S07679 Detail]

Download: New_York-2021-S07679-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7679

                    IN SENATE

                                     January 6, 2022
                                       ___________

        Introduced  by Sen. KAMINSKY -- 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 and the transportation corpo-
          rations law, in relation to the provision  of  electric  service  upon
          application  and  to  requiring  electric  providers  to submit annual
          reports regarding proposals to meet emission-free  electricity  gener-
          ation

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

     1    Section 1.  Section 30 of the public service law, as amended by  chap-
     2  ter 686 of the laws of 2002, is amended to read as follows:
     3    § 30. Residential [gas,] electric and steam service policy. This arti-
     4  cle  shall apply to the provision of all or any part of the [gas,] elec-
     5  tric or steam service provided to any residential customer by any [gas,]
     6  electric or steam and municipalities corporation or municipality. It  is
     7  hereby  declared  to  be  the  policy  of  this state that the continued
     8  provision of all or any part of such [gas,] electric and  steam  service
     9  to  all  residential  customers  without  unreasonable qualifications or
    10  lengthy delays is necessary for  the  preservation  of  the  health  and
    11  general welfare and is in the public interest.
    12    § 2.  Subdivisions 1, 4 and 6 of section 31 of the public service law,
    13  subdivisions  1  and  4  as added by chapter 713 of the laws of 1981 and
    14  subdivision 6 as added by chapter 686 of the laws of 2002,  are  amended
    15  to read as follows:
    16    1. Every [gas corporation,] electric corporation or municipality shall
    17  provide  residential  service  upon  the  oral  or written request of an
    18  applicant, provided that the commission may require  that  requests  for
    19  service  be  in  writing  under  circumstances as it deems necessary and
    20  proper as set forth by regulation, and provided further that the  appli-
    21  cant:
    22    (a)  makes  full payment for residential utility service provided to a
    23  prior account in his name; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14164-01-1
        S. 7679                             2

     1    (b) agrees to make payments under  a  deferred  payment  plan  of  any
     2  amounts  due for service to a prior account in his name and makes a down
     3  payment based on criteria to be established by the commission.  No  such
     4  down  payment  shall  exceed one-half of any money due from an applicant
     5  for residential utility service, or three months average billing, which-
     6  ever is less; or
     7    (c)  is a recipient of public assistance, supplemental security income
     8  or additional state payments pursuant to the social services law, or  is
     9  an  applicant  for  such assistance, income or payments, and the utility
    10  corporation or the municipality receives payment from, or is notified of
    11  the applicant's eligibility for utility payments by the social  services
    12  official  of  the  social services district in which such person resides
    13  for amounts due for service to a prior account in the applicant's  name,
    14  together  with  guarantee of future payments to the extent authorized by
    15  the social services law.
    16    4. In the case of any application for service to a building  which  is
    17  not supplied with electricity [or gas], a utility corporation or munici-
    18  pality  shall  be  obligated  to  provide  service  to  such a building,
    19  provided however, that the commission may require applicants for service
    20  to buildings located in excess of one hundred feet from [gas  or]  elec-
    21  tric  transmission  lines to pay or agree in writing to pay material and
    22  installation costs relating to the applicant's proportion of the [pipe,]
    23  conduit, duct or wire, or other facilities to be installed.
    24    6. In the event the service sought in applications submitted  pursuant
    25  to  this  section  is comprised of the provision of [gas or] electricity
    26  commodity only, nothing in this section shall require the  provision  of
    27  such  service  to  any  and all such applicants; provided, however, that
    28  nothing in this subdivision shall prevent or preclude the commission  or
    29  a  court  from ordering the provision of such service to all such appli-
    30  cants if such order is authorized pursuant to or required to implement a
    31  provision of law other than this article.
    32    § 3.  The public service law is amended by adding a new section  111-b
    33  to read as follows:
    34    §  111-b.  Additional  information in annual reports; proposal to meet
    35  emission-free electricity  generation.  Any  gas  corporation,  electric
    36  corporation, or water-works corporation or service provider which gener-
    37  ates  or  delivers energy for the purpose of providing electricity shall
    38  prepare and file with the department, on or before October  thirty-first
    39  of  each year, a report on how it will meet the requirements of subdivi-
    40  sion two of section sixty-six-p of this chapter and allow its  customers
    41  to  meet  the  requirements of subdivision one of section 75-0107 of the
    42  environmental conservation law. Such proposal shall include:
    43    a.  A plan for how the corporation  or  provider  will  transition  to
    44  emission-free  electricity  generation by the year two thousand forty in
    45  accordance with subdivision two of section sixty-six-p of this chapter;
    46    b. A plan for how its actions will allow its customers and  the  state
    47  to  meet  the  requirements of subdivision one of section 75-0107 of the
    48  environmental conservation law; and
    49    c. Annual updates on their progress to  completing  the  plan  created
    50  pursuant to subdivision a of this section. If the corporation or provid-
    51  er  is  not on target to meet the plan created pursuant to subdivision a
    52  of this section, such annual update shall include an analysis of why the
    53  corporation or provider is not on target, a description of any needs the
    54  corporation or provider may have to meet their targets, and  an  updated
    55  plan to ensure compliance with subdivision two of section sixty-six-p of
    56  this chapter.
        S. 7679                             3

     1    §  4. Section 12 of the transportation corporations law, as separately
     2  amended by chapters 713 and 895 of the laws of 1981, is amended to  read
     3  as follows:
     4    §  12.  [Gas and electricity] Electricity must be supplied on applica-
     5  tion. Except in the case  of  an  application  for  residential  utility
     6  service  pursuant to article two of the public service law, upon written
     7  application of the owner or occupant of any building within one  hundred
     8  feet  of any [main of a gas corporation or gas and electric corporation,
     9  or a] line of an electric corporation or gas and  electric  corporation,
    10  appropriate  to  the  service requested, and payment by him of all money
    11  due from him to the corporation, it shall supply [gas or] electricity as
    12  may be required for lighting such  building,  notwithstanding  there  be
    13  rent  or  compensation  in arrears for [gas or] electricity supplied, or
    14  for meter[,] or wire[, pipe or fittings] furnished, to a former occupant
    15  thereof, unless such owner or occupant shall have undertaken  or  agreed
    16  with  the former occupant to pay or to exonerate him from the payment of
    17  such arrears, and shall refuse or neglect to pay the same;  and  if  for
    18  the  space  of  ten  days  after  such application, and the deposit of a
    19  reasonable sum as provided in the next section, if required, the  corpo-
    20  ration  shall  refuse  or  neglect  to supply [gas or] electric light as
    21  required, such corporation shall forfeit and pay to  the  applicant  the
    22  sum  of  ten  dollars, and the further sum of five dollars for every day
    23  thereafter during which such refusal or neglect shall continue; provided
    24  that no such corporation shall be required to  lay  service  [pipes  or]
    25  wires for the purpose of supplying [gas or] electric light to any appli-
    26  cant  where  the  ground  in which such [pipe or] wire is required to be
    27  laid shall be frozen, or shall otherwise present  serious  obstacles  to
    28  laying the same; nor unless the applicant, if required, shall deposit in
    29  advance  with  the corporation a sum of money sufficient to pay the cost
    30  of his proportion of the [pipe,] conduit, duct or wire  required  to  be
    31  installed, and the expense of the installation of such portion.
    32    § 5. This act shall take effect immediately.