Bill Text: NY S08492 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to establishing discount programs for low-income senior citizens and individuals with a disability; provides that utilities, water-works corporations, telephone corporations and cable television companies shall create discount programs that provide a 10 percent discount to low-income senior citizens and individuals with a disability; defines terms.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S08492 Detail]

Download: New_York-2021-S08492-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8492--B
            Cal. No. 923

                    IN SENATE

                                      March 7, 2022
                                       ___________

        Introduced  by  Sens. PARKER, CLEARE, GAUGHRAN -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Energy
          and  Telecommunications  --  reported  favorably  from said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading -- again amended and ordered  reprinted,  retaining  its
          place in the order of third reading

        AN  ACT  to  amend  the  public service law, in relation to establishing
          discount programs for low-income senior citizens and individuals  with
          a disability

          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  66-t to read as follows:
     3    §  66-t.  Utility discount program.   1. (a) Notwithstanding any other
     4  provision of law, the commission is authorized and directed to require a
     5  gas corporation, electric corporation or  municipality  to  establish  a
     6  discount  program  for low-income senior citizens and individuals with a
     7  disability no later than ninety days after the effective  date  of  this
     8  section.  Such program shall offer a yearly benefit to low-income senior
     9  citizens and individuals with a disability in the form of a ten  percent
    10  discount  on  utility bills. The fiscal impact of such program shall not
    11  be borne by customers and shall not be added to bills rendered by a  gas
    12  corporation, electric corporation or municipality to customers.
    13    (b)  A  gas  corporation,  electric  corporation or municipality which
    14  offers such discount program shall conspicuously  advertise  the  avail-
    15  ability  and  amount  of such discount on the website of such gas corpo-
    16  ration, electric  corporation  or  municipality.  The  availability  and
    17  amount  of  such  discount shall also be conspicuously advertised on the
    18  accessibility page of the website  of  such  gas  corporation,  electric
    19  corporation or municipality.
    20    2. For the purposes of this section:
    21    (a) "individuals with a disability" shall mean a primary named utility
    22  service,  water  service,  or telephone service accountholder (i) with a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14944-04-2

        S. 8492--B                          2

     1  disability, as defined in subdivision twenty-one of section two  hundred
     2  ninety-two  of the executive law; and (ii) who has had a total household
     3  income of less than fifty thousand  dollars  for  the  most  recent  two
     4  consecutive  income  tax  years  beginning  in two thousand nineteen, as
     5  verified by the department of taxation and finance;  and  (iii)  who  is
     6  currently receiving (A) social security disability insurance (SSDI), (B)
     7  supplemental  security  income  (SSI)  benefits under the federal social
     8  security act, (C) disability pension or disability compensation benefits
     9  provided by the United States department of veterans affairs, (D)  disa-
    10  bility  pension  or  disability  compensation  benefits  provided by the
    11  United States Postal Service, or (E) those previously eligible by virtue
    12  of receiving disability benefits under the supplemental security  income
    13  program  or the social security disability program and currently receiv-
    14  ing medical assistance benefits based on determination of disability  as
    15  provided  in section three hundred sixty-six of the social services law;
    16  and
    17    (b) "low-income senior citizen" shall mean  a  primary  named  utility
    18  service, water service, or telephone service accountholder who (i) is at
    19  least  sixty-five  years  of  age;  and  (ii) either (A) has had a total
    20  household income of less than fifty thousand dollars for two consecutive
    21  income tax years beginning in two thousand nineteen, as verified by  the
    22  department  of  taxation  and  finance;  or  (B) is annually eligible to
    23  receive assistance under the emergency rental assistance program  (ERAP)
    24  or  the  home  energy  assistance  program  (HEAP) and provides proof of
    25  eligibility from the agency administering ERAP or HEAP.
    26    § 2. The public service law is amended by adding a new section 89-q to
    27  read as follows:
    28    § 89-q. Water discount  program.  1.  (a)  Notwithstanding  any  other
    29  provision  of  law, the commission is authorized and directed to require
    30  waterworks corporations and  municipal  water  systems  to  establish  a
    31  discount  program  for low-income senior citizens and individuals with a
    32  disability no later than ninety days after the effective  date  of  this
    33  section.  Such program shall offer a yearly benefit to low-income senior
    34  citizens  and individuals with a disability in the form of a ten percent
    35  discount on water utility bills. The fiscal impact of such program shall
    36  not be borne by customers and shall not be added to bills rendered by  a
    37  waterworks corporation or municipal water system to customers.
    38    (b)  A  waterworks  corporation or municipal water system which offers
    39  such discount program shall conspicuously advertise the availability and
    40  amount of such discount on the website of such  waterworks  corporations
    41  or  municipal water system. The availability and amount of such discount
    42  shall also be conspicuously advertised on the accessibility page of  the
    43  website of such waterworks corporation or municipal water system.
    44    2. For the purposes of this section:
    45    (a) "individuals with a disability" shall mean a primary named utility
    46  service,  water  service,  or telephone service accountholder (i) with a
    47  disability, as defined in subdivision twenty-one of section two  hundred
    48  ninety-two  of the executive law; and (ii) who has had a total household
    49  income of less than fifty thousand  dollars  for  the  most  recent  two
    50  consecutive  income  tax  years  beginning  in two thousand nineteen, as
    51  verified by the department of taxation and finance;  and  (iii)  who  is
    52  currently receiving (A) social security disability insurance (SSDI), (B)
    53  supplemental  security  income  (SSI)  benefits under the federal social
    54  security act, (C) disability pension or disability compensation benefits
    55  provided by the United States department of veterans affairs, (D)  disa-
    56  bility  pension  or  disability  compensation  benefits  provided by the

        S. 8492--B                          3

     1  United States Postal Service, or (E) those previously eligible by virtue
     2  of receiving disability benefits under the supplemental security  income
     3  program  or the social security disability program and currently receiv-
     4  ing  medical assistance benefits based on determination of disability as
     5  provided in section three hundred sixty-six of the social services  law;
     6  and
     7    (b)  "low-income  senior  citizen"  shall mean a primary named utility
     8  service, water service, or telephone service accountholder who (i) is at
     9  least sixty-five years of age; and (ii)  either  (A)  has  had  a  total
    10  household income of less than fifty thousand dollars for two consecutive
    11  income  tax years beginning in two thousand nineteen, as verified by the
    12  department of taxation and finance;  or  (B)  is  annually  eligible  to
    13  receive  assistance under the emergency rental assistance program (ERAP)
    14  or the home energy assistance  program  (HEAP)  and  provides  proof  of
    15  eligibility from the agency administering ERAP or HEAP.
    16    § 3. The public service law is amended by adding a new section 91-b to
    17  read as follows:
    18    §  91-b.  Telephone discount program. 1. (a) Notwithstanding any other
    19  provision of law, the commission is authorized and directed to require a
    20  telephone corporation to establish a  discount  program  for  low-income
    21  senior  citizens  and individuals with a disability no later than ninety
    22  days after the effective date of this section. Such program shall  offer
    23  a  yearly  benefit  to low-income senior citizens and individuals with a
    24  disability in the form of a ten percent discount on telephone bills. The
    25  fiscal impact of such program shall not be borne by customers and  shall
    26  not be added to bills rendered by a telephone corporation to customers.
    27    (b)  A  telephone corporation which offers such discount program shall
    28  conspicuously advertise the availability and amount of such discount  on
    29  the  website  of such telephone corporation. The availability and amount
    30  of such discount shall also be conspicuously advertised on the  accessi-
    31  bility page of the website of such telephone corporation.
    32    (c)  Participation  in the federal government's lifeline or affordable
    33  connectivity program, or any successor program the commission shall deem
    34  sufficient, shall satisfy  the  telephone  corporation's  obligation  to
    35  establish  a  discount  program under paragraph (a) of this subdivision,
    36  unless the commission  deems  it insufficient to satisfy  such  require-
    37  ments.
    38    (d)  Before  applying  a discount under paragraph (a) of this subdivi-
    39  sion, a telephone corporation may require proof of eligibility from  the
    40  primary  named accountholder for the calendar year in which the discount
    41  is sought.
    42    2. For the purposes of this section:
    43    (a) "individuals with a disability" shall mean a primary named utility
    44  service, water service, or telephone service accountholder  (i)  with  a
    45  disability,  as defined in subdivision twenty-one of section two hundred
    46  ninety-two of the executive law; and (ii) who has had a total  household
    47  income  of  less  than  fifty  thousand  dollars for the most recent two
    48  consecutive income tax years beginning  in  two  thousand  nineteen,  as
    49  verified  by  the  department  of taxation and finance; and (iii) who is
    50  currently receiving (A) social security disability insurance (SSDI), (B)
    51  supplemental security income (SSI) benefits  under  the  federal  social
    52  security act, (C) disability pension or disability compensation benefits
    53  provided  by the United States department of veterans affairs, (D) disa-
    54  bility pension or  disability  compensation  benefits  provided  by  the
    55  United States Postal Service, or (E) those previously eligible by virtue
    56  of  receiving disability benefits under the supplemental security income

        S. 8492--B                          4

     1  program or the social security disability program and currently  receiv-
     2  ing  medical assistance benefits based on determination of disability as
     3  provided in section three hundred sixty-six of the social services  law;
     4  and
     5    (b)  "low-income  senior citizen" shall mean a primary named telephone
     6  service accountholder who (i) is at least sixty-five years of  age;  and
     7  (ii)  either  (A)  has  had  a total household income of less than fifty
     8  thousand dollars for two consecutive income tax years beginning  in  two
     9  thousand  nineteen,  as  verified  by  the  department  of  taxation and
    10  finance; or (B) is annually eligible to  receive  assistance  under  the
    11  emergency  rental  assistance program (ERAP) or the  home energy assist-
    12  ance program (HEAP) and provides proof of eligibility  from  the  agency
    13  administering ERAP or HEAP.
    14    §  4.  The public service law is amended by adding a new section 224-d
    15  to read as follows:
    16    § 224-d. Cable discount program.  1.  (a)  Notwithstanding  any  other
    17  provision of law, the commission is authorized and directed to require a
    18  telephone  corporation,  as  defined in subdivision seventeen of section
    19  two of this chapter, and a  cable  television  company,  as  defined  in
    20  section  two hundred twelve of this article, that provides cable service
    21  to customers in New York, to establish a discount program for low-income
    22  senior citizens and individuals with a disability no later  than  ninety
    23  days  after the effective date of this section. Such program shall offer
    24  a yearly benefit to low-income senior citizens and  individuals  with  a
    25  disability  in  the  form  of a ten percent discount on cable bills. The
    26  fiscal impact of such program shall not be borne by customers and  shall
    27  not be added to bills rendered by a telephone corporation or cable tele-
    28  vision company to customers.
    29    (b)  A  telephone corporation or cable television company which offers
    30  such discount program shall conspicuously advertise the availability and
    31  amount of such discount on the website of such telephone corporation  or
    32  cable  television  company. The availability and amount of such discount
    33  shall also be conspicuously advertised on the accessibility page of  the
    34  website of such telephone corporation or cable television company.
    35    (c)  Participation  in the federal government's lifeline or affordable
    36  connectivity program, or any successor program the commission shall deem
    37  sufficient, shall satisfy the telephone  corporation's  or  cable  tele-
    38  vision  company's obligation to establish a discount program under para-
    39  graph (a) of this subdivision, unless the commission deems  it  insuffi-
    40  cient to satisfy such requirements.
    41    (d)  Before  applying  a discount under paragraph (a) of this subdivi-
    42  sion, a telephone corporation or cable television  company  may  require
    43  proof of eligibility from the primary named accountholder for the calen-
    44  dar year in which the discount is sought.
    45    2. For the purposes of this section:
    46    (a) "individuals with a disability" shall mean a primary named utility
    47  service,  water  service,  or telephone service accountholder (i) with a
    48  disability, as defined in subdivision twenty-one of section two  hundred
    49  ninety-two  of the executive law; and (ii) who has had a total household
    50  income of less than fifty thousand  dollars  for  the  most  recent  two
    51  consecutive  income  tax  years  beginning  in two thousand nineteen, as
    52  verified by the department of taxation and finance;  and  (iii)  who  is
    53  currently receiving (A) social security disability insurance (SSDI), (B)
    54  supplemental  security  income  (SSI)  benefits under the federal social
    55  security act, (C) disability pension or disability compensation benefits
    56  provided by the United States department of veterans affairs, (D)  disa-

        S. 8492--B                          5

     1  bility  pension  or  disability  compensation  benefits  provided by the
     2  United States Postal Service, or (E) those previously eligible by virtue
     3  of receiving disability benefits under the supplemental security  income
     4  program  or the social security disability program and currently receiv-
     5  ing medical assistance benefits based on determination of disability  as
     6  provided  in section three hundred sixty-six of the social services law;
     7  and
     8    (b) "low-income senior citizen" shall mean  a  primary  named  utility
     9  service, water service, or telephone service accountholder who (i) is at
    10  least  sixty-five  years  of  age;  and  (ii) either (A) has had a total
    11  household income of less than fifty thousand dollars for two consecutive
    12  income tax years beginning in two thousand nineteen, as verified by  the
    13  department  of  taxation  and  finance;  or  (B) is annually eligible to
    14  receive assistance under the emergency rental assistance program  (ERAP)
    15  or  the  home  energy  assistance  program  (HEAP) and provides proof of
    16  eligibility from the agency administering ERAP or HEAP.
    17    § 5. This act shall take effect immediately.
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