Bill Text: NY S07982 | 2023-2024 | General Assembly | Amended

---

Bill Title: Prohibits termination of electricity or heat service during forecasts of more than ninety-five degrees or less than thirty-two degrees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-04 - referred to corporations, authorities and commissions [S07982 Detail]

Download: New_York-2023-S07982-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         7982--A
            Cal. No. 971

                    IN SENATE

                                     January 4, 2024
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations  --  reported  favorably from said committee, ordered to first
          and second report, amended on second report, ordered to a third  read-
          ing,  and to be reprinted as amended, retaining its place in the order
          of third reading

        AN ACT to amend the public  service  law,  in  relation  to  prohibiting
          termination of residential utility service during forecasts of extreme
          temperature

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

     1    Section 1. Paragraph (c) of subdivision 3 of section 32 of the  public
     2  service  law, as added by chapter 713 of the laws of 1981, is amended to
     3  read as follows:
     4    (c) Special procedures for cold weather periods. [(i)  The  commission
     5  shall  establish  procedures to be followed by a utility or municipality
     6  supplying heat related service in cold weather periods. Such  procedures
     7  shall  be  designed  to  identify  and  assist,  prior to termination of
     8  service, those residents who may suffer serious impairment to health  or
     9  safety  as a result of any such termination. The commission shall estab-
    10  lish the applicable cold weather periods; specify criteria for identify-
    11  ing residents who are likely to suffer serious impairments, and  require
    12  that such service not be terminated unless a representative of the util-
    13  ity  or  municipality makes a diligent effort to contact by telephone or
    14  in person an adult resident of the customer's premises at  least  seven-
    15  ty-two hours prior to termination, makes a personal visit at the time of
    16  termination  and  provides  the  customer with information regarding the
    17  protections available under this article. The commission  shall  provide
    18  for  the  manner  in  which  such contacts and personal visits are made.
    19  (ii)] The commission shall [also]  require  a  utility  or  municipality
    20  supplying  service  to  continue  service  to  customers where a serious
    21  impairment to health or safety is likely to result from  termination  of
    22  service  and the person supplied is unable because of mental or physical
    23  problems to manage [his or  her]  their  own  resources  or  to  protect

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13018-03-4
        S. 7982--A                          2

     1  [himself or herself] themself from neglect or hazardous situations with-
     2  out  the  assistance  of  others.  Doubts  shall be resolved in favor of
     3  continued service. Continuations of service shall be  for  a  period  of
     4  time  to  be established by the commission. The commission shall consult
     5  with the department of social services and  the  state  office  for  the
     6  aging in implementing the provisions of this paragraph.
     7    §  2.  Section 32 of the public service law is amended by adding a new
     8  subdivision 3-a to read as follows:
     9    3-a. (a) For the purposes of this subdivision, the term  "forecast  of
    10  extreme  temperature" means a national weather service forecast of nine-
    11  ty-five degrees Fahrenheit or above on the national weather service heat
    12  index (apparent temperature) during any time of day or night or  thirty-
    13  two degrees Fahrenheit or below during any time of day or night.
    14    (b)  A utility or municipality supplying residential heat or electric-
    15  ity shall not terminate such heat or electricity the day of  a  forecast
    16  of  extreme  temperature,  or  if  such  forecast of extreme temperature
    17  precedes a holiday or weekend day, on any day  during  such  holiday  or
    18  weekend day.
    19    § 3. This act shall take effect immediately.