New York State Assembly

 
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A01745 Summary:

A01745 Actions:

A01745 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Zebrowski      
DATE:05/07/2024AYE/NAY:18/8  Action: Favorable refer to committee Codes        
Zebrowski
Aye
Lemondes
Nay
Cook
Aye
Blankenbush
Nay
Otis
Aye
Friend
Nay
Rozic
Aye
Palmesano
Nay
Kim
Aye
Angelino
Nay
Dilan
Aye
Jensen
Nay
Pheffer Amato
Aye
Curran
Nay
Vanel
Aye
Pirozzolo
Nay
Carroll
Aye
Fall
Aye
Jean-Pierre
Aye
Gonzalez-Rojas
Aye
Zinerman
Aye
Tapia
Aye
Jacobson
Aye
Bores
Aye
Shimsky
Aye
Simone
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/14/2024AYE/NAY:14/7  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Reilly
Nay
Cook
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Weprin
Aye
Curran
Nay
Hevesi
Aye
Angelino
Nay
Seawright
Excused
Flood
Nay
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye
Bores
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/20/2024AYE/NAY:18/9  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Aye
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Aye
Thiele
Excused
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A01745 Floor Votes:

A01745 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1745--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2023
                                       ___________
 
        Introduced  by M. of A. DINOWITZ, SEAWRIGHT -- read once and referred to
          the Committee on Corporations, Authorities and Commissions  --  recom-
          mitted  to  the Committee on Corporations, Authorities and Commissions
          in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
 
        AN ACT to amend the public service law, in relation to complaint  handl-
          ing procedures by the public service commission
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 43 of the public service law, as added  by  chapter
     2  713  of  the  laws of 1981, subdivision 3 as added by chapter 686 of the
     3  laws of 2002, is amended to read as follows:
     4    § 43. Complaint handling procedures. 1. The commission shall  maintain
     5  regulations  for  the handling of [residential] all customer complaints,
     6  which at a minimum shall require that each utility or municipality:  (a)
     7  maintain procedures, and provide a copy of those procedures, as amended,
     8  to  the  commission, for prompt investigation of any complaint on a bill
     9  for gas, steam, or electric service rendered or a deposit  required  and
    10  for  prompt  reporting to the complainant [of] within: (i) fifteen busi-
    11  ness days after the result of such investigation for  a  utility  corpo-
    12  ration;  or  (ii) thirty business days after the result of such investi-
    13  gation for a municipality. [If such] Such report [is  made  orally,  the
    14  utility  corporation  or municipality shall offer the complainant upon a
    15  written request the opportunity to receive the report in writing]  shall
    16  be  in  writing and provide all supporting documentation; (b) inform any
    17  complainant [whose complaint is resolved in favor of the utility  corpo-
    18  ration or municipality, in whole or in part,] of the availability of the
    19  commission's complaint handling procedures; (c) refrain from terminating
    20  service for nonpayment so long as a complaint is pending before a utili-
    21  ty,  municipality  or the commission and for fifteen days thereafter, or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00810-02-4
        A. 1745--A                          2
 
     1  for such period as  the  commission  for  good  cause  shall  establish;
     2  provided  however,  that  as a condition of continued service during the
     3  pendency of any such  dispute,  a  customer  shall  pay  the  undisputed
     4  portions  of  any bill for service including bills for current usage, or
     5  such amounts as the commission determines reasonably reflect the cost of
     6  usage to such customer; and  (d)  refrain  from  treating  the  disputed
     7  portion  of any bill as late during the pendency of any complaint before
     8  the utility or municipality.
     9    2. The commission shall maintain regulations  for  complaint  handling
    10  procedures  including  complaints  with  respect to the negotiation of a
    11  deferred payment agreement  which  shall  include,  at  a  minimum:  (a)
    12  provision  for  investigation  and informal review and for appeal to the
    13  commission [in its discretion]; (b) that the  burden  of  proof  in  all
    14  proceedings  shall be on the utility corporation or municipality, except
    15  as otherwise  provided  by  the  commission  for  good  cause;  and  (c)
    16  provision  for  parties  to  receive  a  written  determination  of  any
    17  complaint[, upon request,] in plain and simple English,  which  determi-
    18  nation  shall  set forth the relevant facts established, the reasons for
    19  the determination, what actions must be taken and  what  further  proce-
    20  dures are available to a complainant.
    21    3. [The commission shall use its best efforts to complete its investi-
    22  gation  and  review  and to issue, within ninety days, its final written
    23  determination of any appeal to it pursuant to this section.] Failure  by
    24  any  utility  corporation  or  municipality  to  provide  a  response as
    25  provided by subdivision one of this section, shall invoke a penalty  of:
    26  (a)  one  hundred  dollars  per  business day for each business day that
    27  exceeds the initial fifteen business day period  for  a  utility  corpo-
    28  ration;  or  (b)  twenty-five dollars per business day for each business
    29  day that exceeds the initial thirty business day period  for  a  munici-
    30  pality.
    31    §  2.  This  act shall take effect on the ninetieth day after it shall
    32  have become a  law.  Effective  immediately,  the  addition,  amendment,
    33  and/or  repeal  of  any  rule  or  regulation necessary to implement the
    34  provisions of this act on its effective date are authorized and directed
    35  to be completed on or before such effective date.