S06803 Summary:
| BILL NO | S06803B |
| SAME AS | SAME AS A07537-B |
| SPONSOR | GONZALEZ |
| COSPNSR | BRISPORT, HINCHEY, SALAZAR, THOMAS |
| MLTSPNSR | |
| Amd §2, add §§54, 77-a & 85-a, Pub Serv L | |
| 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. | |
S06803 Actions:
| BILL NO | S06803B | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/10/2023 | REFERRED TO ENERGY AND TELECOMMUNICATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/03/2024 | REFERRED TO ENERGY AND TELECOMMUNICATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
| 04/04/2024 | AMEND (T) AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
| 04/04/2024 | PRINT NUMBER 6803A | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/07/2024 | 1ST REPORT CAL.969 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/08/2024 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/13/2024 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/23/2024 | AMENDED ON THIRD READING 6803B | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/07/2024 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/07/2024 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/07/2024 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
S06803 Text:
Go to topSTATE 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. LBD07069-11-4S. 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 determinationS. 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.