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A06540 Summary:

BILL NOA06540
 
SAME ASSAME AS S01204
 
SPONSORLucas
 
COSPNSRAubry, Williams, Reyes, Colton, Kim, Epstein, Shimsky, Dilan
 
MLTSPNSR
 
Add §§66-u, 89-q, 91-b & 224-d, Pub Serv L
 
Relates to establishing discount programs for low-income senior citizens and individuals with a disability; provides that utilities, waterworks 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.
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A06540 Actions:

BILL NOA06540
 
04/13/2023referred to energy
01/03/2024referred to energy
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A06540 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6540
 
SPONSOR: Lucas
  TITLE OF BILL: An act to amend the public service law, in relation to establishing discount programs for low-income senior citizens and individuals with a disability   PURPOSE OR GENERAL IDEA OF BILL: To provide a discount for senior citizens and disabled individuals in the state of New York for such persons' utility bills.   SUMMARY OF PROVISIONS: Section 1 provides for the utility discount program. Authorizes and directs the commission to require a gas corporation, electric corpo- ration, or municipality to establish a discount program for low-income senior citizens and individuals with a disability. Delineates the eligibility requirements for senior and disabled individuals. Section 2 provides the water discount program. Authorizes and directs the commission to require water-works corporations and municipal water systems to establish a discount program for low-income senior citizens and individuals with a disability. Delineates the eligibility require- ments for senior and disabled individuals. Section 3 provides the telephone discount program. Authorizes and directs the commission to require telephone corporations to provide a discount program for low-income senior citizens and individuals with a disability. Delineates the eligibility requirements for senior and disa- bled individuals Section 4 provides for the cable television discount program. Author- izes and directs the commission to require telephone corporations and cable television corporations to provide a discount program for low-in- come senior citizens and individuals with a disability. Delineates the eligibility requirements for senior and disabled individuals Section 5 sets the effective date.   JUSTIFICATION: Assistance in meeting the rising cost of utility rates is essential for senior citizens who face special difficulty in meeting the financial demands. The recent bill surges on customer utility bills due to supply side limits left many with bills 4 times higher than expected. A 1096 discount would provide some relief to senior citizens. Utility rate increases currently take up a considerable amount of low- income individuals' income, especially our senior citizens who are living on fixed income. While supply costs and weather-related increases in energy use are extracurricular elements, utility companies can use the billing process as a tool to mitigate future supply cost volatility for our most vulnerable customers.   PRIOR LEGISLATIVE HISTORY: 2021-22: 584923 - COMMITTED TO RULES   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A06540 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6540
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 13, 2023
                                       ___________
 
        Introduced  by M. of A. LUCAS -- read once and referred to the Committee
          on Energy
 
        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-u to read as follows:
     3    § 66-u. 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
    23  disability,  as defined in subdivision twenty-one of section two hundred
    24  ninety-two of the executive law; and (ii) who has had a total  household
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04729-01-3

        A. 6540                             2
 
     1  income  of  less  than  fifty  thousand  dollars for the most recent two
     2  consecutive income tax years beginning in two thousand twenty, as  veri-
     3  fied  by  the  department  of  taxation  and  finance;  and (iii) who is
     4  currently receiving (A) social security disability insurance (SSDI), (B)
     5  supplemental  security  income  (SSI)  benefits under the federal social
     6  security act, (C) disability pension or disability compensation benefits
     7  provided by the United States department of veterans affairs, (D)  disa-
     8  bility  pension  or  disability  compensation  benefits  provided by the
     9  United States Postal Service, or (E) those previously eligible by virtue
    10  of receiving disability benefits under the supplemental security  income
    11  program  or the social security disability program and currently receiv-
    12  ing medical assistance benefits based on determination of disability  as
    13  provided  in section three hundred sixty-six of the social services law;
    14  and
    15    (b) "low-income senior citizen" shall mean  a  primary  named  utility
    16  service, water service, or telephone service accountholder who (i) is at
    17  least  sixty-five  years  of  age;  and  (ii) either (A) has had a total
    18  household income of less than fifty thousand dollars for two consecutive
    19  income tax years beginning in two thousand twenty, as  verified  by  the
    20  department  of  taxation  and  finance;  or  (B) is annually eligible to
    21  receive assistance under the emergency rental assistance program  (ERAP)
    22  or  the  home  energy  assistance  program  (HEAP) and provides proof of
    23  eligibility from the agency administering ERAP or HEAP.
    24    § 2. The public service law is amended by adding a new section 89-q to
    25  read as follows:
    26    § 89-q. Water discount  program.  1.  (a)  Notwithstanding  any  other
    27  provision  of  law, the commission is authorized and directed to require
    28  waterworks corporations and  municipal  water  systems  to  establish  a
    29  discount  program  for low-income senior citizens and individuals with a
    30  disability no later than ninety days after the effective  date  of  this
    31  section.  Such program shall offer a yearly benefit to low-income senior
    32  citizens  and individuals with a disability in the form of a ten percent
    33  discount on water utility bills. The fiscal impact of such program shall
    34  not be borne by customers and shall not be added to bills rendered by  a
    35  waterworks corporation or municipal water system to customers.
    36    (b)  A  waterworks  corporation or municipal water system which offers
    37  such discount program shall conspicuously advertise the availability and
    38  amount of such discount on the website of such  waterworks  corporations
    39  or  municipal water system. The availability and amount of such discount
    40  shall also be conspicuously advertised on the accessibility page of  the
    41  website of such waterworks corporation or municipal water system.
    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 twenty, as veri-
    49  fied 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

        A. 6540                             3
 
     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 utility
     6  service, water service, or telephone service accountholder who (i) is at
     7  least sixty-five years of age; and (ii)  either  (A)  has  had  a  total
     8  household income of less than fifty thousand dollars for two consecutive
     9  income  tax  years  beginning in two thousand twenty, as verified by the
    10  department of taxation and finance;  or  (B)  is  annually  eligible  to
    11  receive  assistance under the emergency rental assistance program (ERAP)
    12  or the home energy assistance  program  (HEAP)  and  provides  proof  of
    13  eligibility from the agency administering ERAP or HEAP.
    14    § 3. The public service law is amended by adding a new section 91-b to
    15  read as follows:
    16    §  91-b.  Telephone discount program. 1. (a) Notwithstanding any other
    17  provision of law, the commission is authorized and directed to require a
    18  telephone corporation to establish a  discount  program  for  low-income
    19  senior  citizens  and individuals with a disability no later than ninety
    20  days after the effective date of this section. Such program shall  offer
    21  a  yearly  benefit  to low-income senior citizens and individuals with a
    22  disability in the form of a ten percent discount on telephone bills. The
    23  fiscal impact of such program shall not be borne by customers and  shall
    24  not be added to bills rendered by a telephone corporation to customers.
    25    (b)  A  telephone corporation which offers such discount program shall
    26  conspicuously advertise the availability and amount of such discount  on
    27  the  website  of such telephone corporation. The availability and amount
    28  of such discount shall also be conspicuously advertised on the  accessi-
    29  bility page of the website of such telephone corporation.
    30    (c)  Participation  in the federal government's lifeline or affordable
    31  connectivity program, or any successor program the commission shall deem
    32  sufficient, shall satisfy  the  telephone  corporation's  obligation  to
    33  establish  a  discount  program under paragraph (a) of this subdivision,
    34  unless the commission  deems  it insufficient to satisfy  such  require-
    35  ments.
    36    (d)  Before  applying  a discount under paragraph (a) of this subdivi-
    37  sion, a telephone corporation may require proof of eligibility from  the
    38  primary  named accountholder for the calendar year in which the discount
    39  is sought.
    40    2. For the purposes of this section:
    41    (a) "individuals with a disability" shall mean a primary named utility
    42  service, water service, or telephone service accountholder  (i)  with  a
    43  disability,  as defined in subdivision twenty-one of section two hundred
    44  ninety-two of the executive law; and (ii) who has had a total  household
    45  income  of  less  than  fifty  thousand  dollars for the most recent two
    46  consecutive income tax years beginning in two thousand twenty, as  veri-
    47  fied  by  the  department  of  taxation  and  finance;  and (iii) who is
    48  currently receiving (A) social security disability insurance (SSDI), (B)
    49  supplemental security income (SSI) benefits  under  the  federal  social
    50  security act, (C) disability pension or disability compensation benefits
    51  provided  by the United States department of veterans affairs, (D) disa-
    52  bility pension or  disability  compensation  benefits  provided  by  the
    53  United States Postal Service, or (E) those previously eligible by virtue
    54  of  receiving disability benefits under the supplemental security income
    55  program or the social security disability program and currently  receiv-
    56  ing  medical assistance benefits based on determination of disability as

        A. 6540                             4
 
     1  provided in section three hundred sixty-six of the social services  law;
     2  and
     3    (b)  "low-income  senior citizen" shall mean a primary named telephone
     4  service accountholder who (i) is at least sixty-five years of  age;  and
     5  (ii)  either  (A)  has  had  a total household income of less than fifty
     6  thousand dollars for two consecutive income tax years beginning  in  two
     7  thousand  twenty, as verified by the department of taxation and finance;
     8  or (B) is annually eligible to receive assistance  under  the  emergency
     9  rental  assistance program (ERAP) or the  home energy assistance program
    10  (HEAP) and provides proof of eligibility from the  agency  administering
    11  ERAP or HEAP.
    12    §  4.  The public service law is amended by adding a new section 224-d
    13  to read as follows:
    14    § 224-d. Cable discount program.  1.  (a)  Notwithstanding  any  other
    15  provision of law, the commission is authorized and directed to require a
    16  telephone  corporation,  as  defined in subdivision seventeen of section
    17  two of this chapter, and a  cable  television  company,  as  defined  in
    18  section  two hundred twelve of this article, that provides cable service
    19  to customers in New York, to establish a discount program for low-income
    20  senior citizens and individuals with a disability no later  than  ninety
    21  days  after the effective date of this section. Such program shall offer
    22  a yearly benefit to low-income senior citizens and  individuals  with  a
    23  disability  in  the  form  of a ten percent discount on cable bills. The
    24  fiscal impact of such program shall not be borne by customers and  shall
    25  not be added to bills rendered by a telephone corporation or cable tele-
    26  vision company to customers.
    27    (b)  A  telephone corporation or cable television company which offers
    28  such discount program shall conspicuously advertise the availability and
    29  amount of such discount on the website of such telephone corporation  or
    30  cable  television  company. The availability and amount of such discount
    31  shall also be conspicuously advertised on the accessibility page of  the
    32  website of such telephone corporation or cable television company.
    33    (c)  Participation  in the federal government's lifeline or affordable
    34  connectivity program, or any successor program the commission shall deem
    35  sufficient, shall satisfy the telephone  corporation's  or  cable  tele-
    36  vision  company's obligation to establish a discount program under para-
    37  graph (a) of this subdivision, unless the commission deems  it  insuffi-
    38  cient to satisfy such requirements.
    39    (d)  Before  applying  a discount under paragraph (a) of this subdivi-
    40  sion, a telephone corporation or cable television  company  may  require
    41  proof of eligibility from the primary named accountholder for the calen-
    42  dar year in which the discount is sought.
    43    2. For the purposes of this section:
    44    (a) "individuals with a disability" shall mean a primary named utility
    45  service,  water  service,  or telephone service accountholder (i) with a
    46  disability, as defined in subdivision twenty-one of section two  hundred
    47  ninety-two  of the executive law; and (ii) who has had a total household
    48  income of less than fifty thousand  dollars  for  the  most  recent  two
    49  consecutive  income tax years beginning in two thousand twenty, as veri-
    50  fied by the department  of  taxation  and  finance;  and  (iii)  who  is
    51  currently receiving (A) social security disability insurance (SSDI), (B)
    52  supplemental  security  income  (SSI)  benefits under the federal social
    53  security act, (C) disability pension or disability compensation benefits
    54  provided by the United States department of veterans affairs, (D)  disa-
    55  bility  pension  or  disability  compensation  benefits  provided by the
    56  United States Postal Service, or (E) those previously eligible by virtue

        A. 6540                             5
 
     1  of receiving disability benefits under the supplemental security  income
     2  program  or the social security disability program and currently receiv-
     3  ing medical assistance benefits based on determination of disability  as
     4  provided  in section three hundred sixty-six of the social services law;
     5  and
     6    (b) "low-income senior citizen" shall mean  a  primary  named  utility
     7  service, water service, or telephone service accountholder who (i) is at
     8  least  sixty-five  years  of  age;  and  (ii) either (A) has had a total
     9  household income of less than fifty thousand dollars for two consecutive
    10  income tax years beginning in two thousand twenty, as  verified  by  the
    11  department  of  taxation  and  finance;  or  (B) is annually eligible to
    12  receive assistance under the emergency rental assistance program  (ERAP)
    13  or  the  home  energy  assistance  program  (HEAP) and provides proof of
    14  eligibility from the agency administering ERAP or HEAP.
    15    § 5. This act shall take effect immediately.
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