Prohibits utility corporations from imposing late fees, interest, or penalties during an investigation by the commission; allows retroactive late fees, interest, or penalties if a determination is made in favor of such utility corporation; prohibits utility services from being terminated during an investigation by the commission; requires utility corporations to notify customers of investigations; requires notice to the general public.
STATE OF NEW YORK
________________________________________________________________________
6803--B
Cal. No. 969
2023-2024 Regular Sessions
IN SENATE
May 10, 2023
___________
Introduced by Sens. GONZALEZ, BRISPORT, HINCHEY, SALAZAR, THOMAS -- read
twice and ordered printed, and when printed to be committed to the
Committee on Energy and Telecommunications -- recommitted to the
Committee on Energy and Telecommunications in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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
AN ACT to amend the public service law, in relation to termination of
certain utility services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "consumer utility protections during investigations act" or the
3 "CUPDI act".
4 § 2. Section 2 of the public service law is amended by adding a new
5 subdivision 30 to read as follows:
6 30. "Final determination" or "finally determined" means a judicial
7 decision: (i) by the highest court of competent jurisdiction; or (ii) by
8 a court of competent jurisdiction from which no appeal has been taken
9 and the time within which to appeal has expired.
10 § 3. The public service law is amended by adding a new section 54 to
11 read as follows:
12 § 54. Investigations relating to residential gas, electric and steam
13 utility service. 1. For the purposes of this section, the term "investi-
14 gation" shall mean a formal proceeding conducted by the commission to
15 examine the policies, practices, rates, charges, services, facilities,
16 operations, or management of a utility corporation or to determine
17 compliance with any law, rule, regulation, order, or tariff applicable
18 to such utility corporation. The term "investigation" shall include such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07069-11-4
S. 6803--B 2
1 proceedings conducted pursuant to section seventy-one of this chapter.
2 Notwithstanding anything to the contrary, the term "investigation" shall
3 not include commission inquiries triggered by an individual customer
4 complaint filed pursuant to section forty-three of this article.
5 2. (a) A utility corporation shall not impose late fees, interest or
6 penalties during an investigation if such utility corporation is the
7 subject of a pending investigation, provided however, that such late
8 fees, interest and penalties may be imposed retroactively if such inves-
9 tigation is issued a final order in favor of such utility corporation.
10 Such late payment charges shall be in compliance with the guidelines set
11 forth in section forty-two of this article.
12 (b) Upon the final determination or by the issuance of a final order,
13 of any investigation covered by this section, the commission shall
14 either (i) determine any allowable penalties the utility corporation may
15 impose upon its customers, or (ii) waive, or partially waive, any inter-
16 est or fees charged by the utility corporation to the consumer on such
17 consumer's billing statements during a period such utility corporation
18 determines to be related to such investigation.
19 3. Notwithstanding any law, rule, regulation, order, or tariff to the
20 contrary, utility service shall not be terminated to residential
21 accounts for non-payment of an overdue charge from the commencement of
22 any commission investigation until one hundred twenty days after the
23 findings of such investigation have been published and a determination
24 has been issued by the commission. Nothing in this section shall prohib-
25 it a utility corporation from disconnecting service necessary to protect
26 the health and safety of customers and the public.
27 4. (a) Within ten days of the commencement of an investigation, the
28 utility corporation shall notify residential customers of such investi-
29 gation. Forms of notification of an investigation from a utility corpo-
30 ration to a residential customer shall include, but not be limited to,
31 letters, notices on utility bills, phone calls, and notices posted on
32 the utility corporation's website.
33 (b) Within three days of the commencement of an investigation, the
34 department shall post a notice to the general public of such investi-
35 gation on its website.
36 § 4. The public service law is amended by adding a new section 77-a to
37 read as follows:
38 § 77-a. Investigations relating to commercial gas and electric utility
39 service. 1. For the purposes of this section, the term "investigation"
40 shall mean a formal proceeding conducted by the commission to examine
41 the policies, practices, rates, charges, services, facilities, oper-
42 ations, or management of a utility corporation or to determine compli-
43 ance with any law, rule, regulation, order or tariff applicable to such
44 utility corporation. The term "investigation" shall include such
45 proceedings conducted pursuant to section seventy-one of this article.
46 Notwithstanding anything to the contrary, the term "investigation" shall
47 not include commission inquiries triggered by an individual customer
48 complaint filed pursuant to section forty-three of this chapter.
49 2. (a) A utility corporation shall not impose late fees, interest or
50 penalties during an investigation if such utility corporation is the
51 subject of a pending investigation, provided however, that such late
52 fees, interest and penalties may be imposed retroactively if such inves-
53 tigation is issued a final order in favor of such utility corporation.
54 Such late payment charges shall be in compliance with the guidelines set
55 forth in section sixty-five of this article.
S. 6803--B 3
1 (b) Upon the final determination or by the issuance of a final order,
2 of any investigation covered by this section, the commission shall
3 either (i) determine any allowable penalties the utility corporation may
4 impose upon its customers, or (ii) waive, or partially waive, any inter-
5 est or fees charged by such utility corporation to the consumer on such
6 consumer's billing statements during a period such utility corporation
7 determines to be related to such investigation.
8 3. Notwithstanding any law, rule, regulation, order, or tariff to the
9 contrary, utility service shall not be terminated to residential
10 accounts for non-payment of an overdue charge from the commencement of
11 any commission investigation until one hundred twenty days after the
12 findings of such investigation have been published and a determination
13 has been issued by the commission. Nothing in this section shall prohib-
14 it a utility corporation from disconnecting service necessary to protect
15 the health and safety of customers and the public.
16 4. (a) Within ten days of the commencement of an investigation, the
17 utility corporation shall notify residential customers of such investi-
18 gation. Forms of notification of an investigation from a utility corpo-
19 ration to a residential customer shall include, but not be limited to,
20 letters, notices on utility bills, phone calls, and notices posted on
21 the utility corporation's website.
22 (b) Within three days of the commencement of an investigation, the
23 department shall post a notice to the general public of such investi-
24 gation on its website.
25 § 5. The public service law is amended by adding a new section 85-a to
26 read as follows:
27 § 85-a. Investigations relating to commercial steam utility service.
28 1. For the purposes of this section, the term "investigation" shall
29 mean a formal proceeding conducted by the commission to examine the
30 policies, practices, rates, charges, services, facilities, operations,
31 or management of a utility corporation or to determine compliance with
32 any law, rule, regulation, order or tariff applicable to such utility
33 corporation. The term "investigation" shall include such proceedings
34 conducted pursuant to section seventy-one of this chapter. Notwith-
35 standing anything to the contrary, the term "investigation" shall not
36 include commission inquiries triggered by an individual customer
37 complaint filed pursuant to section forty-three of this chapter.
38 2. (a) A utility corporation shall not impose late fees, interest, or
39 penalties during an investigation if such utility corporation is the
40 subject of a pending investigation, provided however, that such late
41 fees, interest and penalties may be imposed retroactively if such inves-
42 tigation is issued a final order in favor of such utility corporation.
43 Such late payment charges shall be in compliance with section seventy-
44 nine of this article.
45 (b) Upon the final determination or by the issuance of a final order,
46 of any investigation covered by this section, the commission shall
47 either (i) determine any allowable penalties the utility corporation may
48 impose upon its customers, or (ii) waive, or partially waive, any inter-
49 est or fees charged by the utility corporation to the consumer on such
50 consumer's billing statements during a period such utility corporation
51 determines to be related to such investigation.
52 3. Notwithstanding any law, rule, regulation, order, or tariff to the
53 contrary, utility service shall not be terminated to residential
54 accounts for non-payment of an overdue charge from the commencement of
55 any commission investigation until one hundred twenty days after the
56 findings of such investigation have been published and a determination
S. 6803--B 4
1 has been issued by the commission. Nothing in this section shall prohib-
2 it a utility corporation from disconnecting service necessary to protect
3 the health and safety of customers and the public.
4 4. (a) Within ten days of the commencement of an investigation, the
5 utility corporation shall notify residential customers of such investi-
6 gation. Forms of notification of an investigation from a utility corpo-
7 ration to a residential customer shall include, but not be limited to,
8 letters, notices on utility bills, phone calls, and notices posted on
9 the utility corporation's website.
10 (b) Within three days of the commencement of an investigation, the
11 department shall post a notice to the general public of such investi-
12 gation on its website.
13 § 6. This act shall take effect on the thirtieth day after it shall
14 have become a law.