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A10764 Summary:

BILL NOA10764
 
SAME ASNo Same As
 
SPONSORBlumencranz
 
COSPNSR
 
MLTSPNSR
 
Add §65-c, Pub Serv L
 
Enacts the "utility billing integrity act" to establish utility billing integrity and consumer protections through anomaly detection, advanced data analytics and the usage of artificial intelligence; requires every utility to implement and maintain a billing integrity program utilizing anomaly detection systems to review all residential utility bills prior to issuance; provides that where a billing anomaly is identified, the utility shall provide prompt notice to the customer that the bill is under review.
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A10764 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10764
 
                   IN ASSEMBLY
 
                                      April 1, 2026
                                       ___________
 
        Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred to the
          Committee on Energy
 
        AN ACT to amend the public service  law,  in  relation  to  establishing
          utility   billing  integrity  requirements  and  consumer  protections
          through anomaly detection, advanced data analytics, and the  usage  of
          artificial intelligence

          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 "utility billing integrity act."
     3    §  2.  Legislative  intent.  The legislature hereby finds and declares
     4  that:
     5    1. New  York  ratepayers  are  increasingly  burdened  by  inaccurate,
     6  delayed, and unpredictable utility billing, including but not limited to
     7  estimated  billing  practices,  retroactive backbilling, and unexplained
     8  spikes in charges;
     9    2. Existing consumer protection mechanisms  are  largely  reactive  in
    10  nature,  requiring  customers  to identify, dispute, and resolve billing
    11  errors only after financial harm has occurred;
    12    3. Utility billing systems are complex, opaque, and often inaccessible
    13  to the average consumer, placing an unreasonable burden on ratepayers to
    14  detect inaccuracies;
    15    4. Evidence from consumer protection organizations  demonstrates  that
    16  billing errors, including backbilling and estimated usage discrepancies,
    17  can  result  in  significant  and  unexpected  financial obligations for
    18  customers;
    19    5. Broader utility billing analysis further suggests that  overbilling
    20  due  to  errors, misapplied rates, and inaccurate metering is widespread
    21  and frequently undetected;
    22    6. At the same time, modern utility infrastructure, including advanced
    23  metering systems and data  analytics  capabilities,  provides  utilities
    24  with  the  tools necessary to identify anomalies, detect irregularities,
    25  and prevent billing errors prior to issuing charges to consumers;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15349-01-6

        A. 10764                            2
 
     1    7. It is the intent of the legislature to  require  the  use  of  such
     2  technologies  in  a  manner  that enhances consumer protection, promotes
     3  billing accuracy, and restores  public  confidence  in  utility  billing
     4  practices;
     5    8.  The  legislature  further  intends  to  ensure that no residential
     6  customer is subject to late fees,  service  termination,  or  collection
     7  activity based on a bill that has not been verified for accuracy; and
     8    9.  The  legislature  further finds that creating additional layers of
     9  bureaucracy without addressing the root causes of  billing  inaccuracies
    10  will  not  provide  meaningful  or  timely relief to consumers, and that
    11  systemic, preventative solutions are necessary to  ensure  affordability
    12  and fairness.
    13    § 3. The public service law is amended by adding a new section 65-c to
    14  read as follows:
    15    §  65-c.  Utility  billing  integrity and consumer protection require-
    16  ments. 1. For the purposes of this section, the  following  terms  shall
    17  have the following meanings:
    18    (a)  "Utility"  shall  mean  any electric, gas, or combination utility
    19  subject to the jurisdiction of the public service commission.
    20    (b) "Anomaly detection system" shall mean a system, including but  not
    21  limited  to advanced analytics, machine learning, or artificial intelli-
    22  gence, used to identify irregularities, inconsistencies,  or  deviations
    23  in customer billing data.
    24    (c)  "Billing anomaly" shall mean a material deviation in a customer's
    25  utility bill that may indicate an error, including but  not  limited  to
    26  abnormal  usage spikes, discrepancies between estimated and actual meter
    27  readings, misapplied rates or tariffs, or irregular billing patterns.
    28    (d) "Residential customer" shall mean  a  customer  receiving  utility
    29  service for personal, family, or household use.
    30    2.  (a) Every utility shall implement and maintain a billing integrity
    31  program utilizing anomaly detection systems to  review  all  residential
    32  utility bills prior to issuance.
    33    (b) Such systems shall, at a minimum, analyze:
    34    (i) historical usage patterns;
    35    (ii) seasonal and weather-related variations;
    36    (iii) meter reading data, including distinctions between estimated and
    37  actual readings;
    38    (iv) applicable rate classifications and tariffs; and
    39    (v) month-to-month and year-to-year usage deviations.
    40    3. (a) Any residential bill identified as containing a billing anomaly
    41  shall be subject to additional review prior to issuance.
    42    (b) No such bill shall be issued as a final charge until:
    43    (i) the anomaly has been reviewed by qualified personnel; and
    44    (ii) any identified error has been corrected.
    45    4.  (a)  Where  a  billing  anomaly  is  identified, the utility shall
    46  provide prompt notice to the customer that the bill is under review.
    47    (b) During the review period:
    48    (i) no late fees shall be assessed;
    49    (ii) no service termination proceedings shall be initiated; and
    50    (iii) no negative credit reporting or collection activity shall occur.
    51    (c) The utility shall complete its review within a  reasonable  period
    52  of time, not to exceed ten business days, unless otherwise authorized by
    53  the commission.
    54    5. (a) Where a customer's projected or actual bill exceeds a threshold
    55  established  by the commission, the utility shall provide advance notice
    56  to the customer.

        A. 10764                            3
 
     1    (b) Such notice shall include, but not be limited to:
     2    (i) a clear explanation of the increase;
     3    (ii) options for review or dispute; and
     4    (iii)  information  regarding  available  assistance  programs,  where
     5  applicable.
     6    6. (a) Any residential customer may request  a  billing  review  where
     7  such customer reasonably believes a billing anomaly exists.
     8    (b) Upon receipt of such request, the utility shall:
     9    (i)  suspend  any adverse action, including late fees, collections, or
    10  service termination;
    11    (ii) conduct a  review  consistent  with  subdivision  three  of  this
    12  section; and
    13    (iii) provide a written determination to the customer within ten busi-
    14  ness days.
    15    (c)  The commission shall establish procedures to ensure such requests
    16  are accessible, timely, and transparent.
    17    7. (a) Where a billing error is identified, the utility shall promptly
    18  correct such error.
    19    (b) Any overcharge shall be automatically credited or refunded to  the
    20  customer in a timely manner.
    21    (c) The commission may establish additional requirements for interest,
    22  penalties, or credits associated with such overcharges.
    23    8.  (a)  Each utility shall submit quarterly reports to the commission
    24  detailing:
    25    (i) the number of billing anomalies detected;
    26    (ii) the number of confirmed billing errors;
    27    (iii) the average time to resolution;
    28    (iv) the total amount credited or refunded to customers; and
    29    (v) such other metrics as the commission may require.
    30    (b) The commission shall make such reports publicly  available  in  an
    31  aggregated and anonymized format.
    32    (c)  The  commission shall maintain a publicly accessible online dash-
    33  board displaying, in a standardized and user-friendly format:
    34    (i) billing accuracy rates by utility;
    35    (ii) number of anomalies detected;
    36    (iii) total customer refunds issued;
    37    (iv) average resolution times; and
    38    (v) comparative performance metrics across utilities.
    39    9. (a) The commission shall promulgate rules and regulations necessary
    40  to implement the provisions of this section.
    41    (b) The commission shall have the authority to:
    42    (i) audit utility billing integrity systems;
    43    (ii) establish performance standards;
    44    (iii) require corrective actions; and
    45    (iv) impose penalties for noncompliance.
    46    10. Nothing in this section shall be construed to permit  fully  auto-
    47  mated adverse determinations. Final determinations regarding disputed or
    48  anomalous bills shall be subject to human review.
    49    11. Utilities shall ensure that any data used in connection with anom-
    50  aly detection systems is handled in accordance with applicable state and
    51  federal  privacy  laws  and  is  used  solely  for billing integrity and
    52  consumer protection purposes.
    53    12. (a) The commission shall ensure that costs associated with compli-
    54  ance with this section are not unreasonably passed through  to  ratepay-
    55  ers.

        A. 10764                            4
 
     1    (b)  The  commission  may  disallow  recovery  of costs resulting from
     2  preventable billing errors or system deficiencies.
     3    §  4. This act shall take effect one year after it shall have become a
     4  law.
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