Amd §§32, 89-b, 91 & 89-l, Pub Serv L; amd §5, Chap 108 of 2020
Extends a moratorium on utility termination of services after the COVID-19 state of emergency is lifted or expires for a period of 180 days after such expiration or until December 31, 2021 whichever is later.
STATE OF NEW YORK
________________________________________________________________________
6609
2021-2022 Regular Sessions
IN ASSEMBLY
March 19, 2021
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to extending a mora-
torium on utility termination of services after the COVID-19 state of
emergency is lifted or expires; and to amend chapter 108 of the laws
of 2020 amending the public service law, relating to issuing a morato-
rium on utility termination of services during periods of pandemics
and/or state of emergencies, in relation to the effectiveness thereof;
and providing for the repeal of certain provisions upon expiration
thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 32 of the public service law, as
2 added by chapter 108 of the laws of 2020, is amended to read as follows:
3 7. For a period of one hundred eighty days after the COVID-19 state of
4 emergency is lifted or expires, or until December thirty-first, two
5 thousand twenty-one, whichever is earlier, no utility corporation or
6 municipality shall terminate or disconnect the service of a residential
7 customer because of defaulted deferred payment agreements or arrears
8 owed to the utility corporation or municipality when such customer has
9 experienced a change in financial circumstances due to the COVID-19
10 state of emergency, as defined by the department. The utility corpo-
11 ration or municipality shall provide such residential customer with the
12 right to enter into, or restructure, a deferred payment agreement with-
13 out the requirement of a down payment, late fees, or penalties, as such
14 is provided for in this article.
15 § 2. Subdivision 9 of section 89-b of the public service law, as added
16 by chapter 108 of the laws of 2020, is amended and a new subdivision
17 10-a is added to read as follows:
18 9. For a period of one hundred eighty days after the COVID-19 state of
19 emergency is lifted or expires, or until December thirty-first, two
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05968-03-1
A. 6609 2
1 thousand twenty-one, whichever is earlier, no water-works corporation
2 shall terminate or disconnect the service of a residential customer
3 account because of defaulted deferred payment agreements or arrears owed
4 to the water-works corporation when such customer has experienced a
5 change in financial circumstances due to the COVID-19 state of emergen-
6 cy, as defined by the department. The water-works corporation shall
7 provide such residential customer with the right to enter into, or
8 restructure, a deferred payment without the requirement of a down
9 payment, late fees, or penalties, as such is provided for in article two
10 of this chapter.
11 10-a. The public service commission shall have the authority to adju-
12 dicate complaints and conduct investigations for violation of this
13 section in the manner provided by the provisions of this article and
14 shall have the authority to enforce the provisions of this section in
15 accordance with section twenty-six of this chapter.
16 § 3. Subdivision 10 of section 91 of the public service law, as
17 amended by section 1 of part B of chapter 126 of the laws of 2020, is
18 amended to read as follows:
19 10. For a period of one hundred eighty days after the COVID-19 state
20 of emergency is lifted or expires, or until December thirty-first, two
21 thousand twenty-one, whichever is earlier, no telephone corporation
22 shall terminate or disconnect the service of a residential customer
23 account because of defaulted deferred payment agreements or arrears then
24 owed to the telephone corporation when such customer has experienced a
25 change in financial circumstances due to the COVID-19 state of emergen-
26 cy, as defined by the department. The telephone corporation shall
27 provide such residential customer with the right to enter into, or
28 restructure, a deferred payment agreement without the requirement of a
29 down payment, late fees, or penalties.
30 § 4. Subdivision 4 of section 89-l of the public service law, as added
31 by chapter 108 of the laws of 2020, is amended and a new subdivision 5-a
32 is added to read as follows:
33 4. For a period of one hundred eighty days after the COVID-19 state of
34 emergency is lifted or expires, or until December thirty-first, two
35 thousand twenty-one, whichever is earlier, no municipality shall termi-
36 nate or discontinue the service of a residential customer because of
37 bill arrears, taxes, or fees owed to the municipality when such customer
38 has experienced a change in financial circumstances due to the COVID-19
39 state of emergency, as defined by the department. The municipality shall
40 provide a residential service customer that has experienced a change in
41 financial circumstances due to the COVID-19 state of emergency with the
42 right to enter into, or restructure, a deferred payment agreement with-
43 out the requirement of a down payment, late fees, or penalties, as such
44 is provided for in article two of this chapter.
45 5-a. The public service commission shall have the authority to adjudi-
46 cate complaints and conduct investigations for violation of this section
47 in the manner provided by the provisions of this article and shall have
48 the authority to enforce the provisions of this section in accordance
49 with section twenty-six of this chapter.
50 § 5. Section 5 of chapter 108 of the laws of 2020 amending the public
51 service law, relating to issuing a moratorium on utility termination of
52 services during periods of pandemics and/or state of emergencies, as
53 amended by section 2 of part B of chapter 126 of the laws of 2020, is
54 amended to read as follows:
A. 6609 3
1 § 5. This act shall take effect immediately and shall expire [March
2 31, 2021] December thirty-first, 2021 when upon such date the provisions
3 of this act shall be deemed repealed.
4 § 6. This act shall take effect immediately; provided, however, that:
5 (a) the amendments to subdivision 7 of section 32 of the public
6 service law made by section one of this act shall not affect the repeal
7 of such subdivision and shall be deemed repealed therewith;
8 (b) the amendments to subdivision 9 of section 89-b of the public
9 service law made by section two of this act shall not affect the repeal
10 of such subdivision and shall be deemed repealed therewith;
11 (c) subdivision 10-a of section 89-b of the public service law as
12 added by section two of this act shall be repealed on the same date and
13 in the same manner as chapter 108 of the laws of 2020, as amended;
14 (d) the amendments to subdivision 10 of section 91 of the public
15 service law made by section three of this act shall not affect the
16 repeal of such subdivision and shall be deemed repealed therewith;
17 (e) the amendments to subdivision 4 of section 89-l of the public
18 service law made by section four of this act shall not affect the repeal
19 of such subdivision and shall be deemed repealed therewith; and
20 (f) subdivision 5-a of section 89-l of the public service law as added
21 by section four of this act shall be repealed on the same date and in
22 the same manner as chapter 108 of the laws of 2020, as amended.
