Provides a judicial remedy to resolve complaints related to utility bills that have an alleged amount of damages exceeding twenty-five thousand dollars.
STATE OF NEW YORK
________________________________________________________________________
2488
2023-2024 Regular Sessions
IN SENATE
January 20, 2023
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the public service law, in relation to providing a judi-
cial remedy to resolve complaints related to utility bills
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 66 of the public service law, as
2 amended by chapter 134 of the laws of 1921, is amended to read as
3 follows:
4 5. Examine all persons, corporations and municipalities under its
5 supervision and keep informed as to the methods, practices, regulations
6 and property employed by them in the transaction of their business.
7 Whenever the commission shall be of opinion, after a hearing had upon
8 its own motion or upon complaint, that the rates, charges or classifica-
9 tions or the acts or regulations of any such person, corporation or
10 municipality are unjust, unreasonable, unjustly discriminatory or unduly
11 preferential or in anywise in violation of any provision of law, the
12 commission shall determine and prescribe in the manner provided by and
13 subject to the provisions of section seventy-two of this [chapter] arti-
14 cle the just and reasonable rates, charges and classifications thereaft-
15 er to be in force for the service to be furnished notwithstanding that a
16 higher or lower rate or charge has heretofore been prescribed by general
17 or special statute, contract, grant, franchise condition, consent or
18 other agreement, and the just and reasonable acts and regulations to be
19 done and observed; and whenever the commission shall be of opinion,
20 after a hearing had upon its own motion or upon complaint, that the
21 property, equipment or appliances of any such person, corporation or
22 municipality are unsafe, inefficient or inadequate, the commission shall
23 determine and prescribe the safe, efficient and adequate property,
24 equipment and appliances thereafter to be used, maintained and operated
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02153-01-3
S. 2488 2
1 for the security and accommodation of the public and in compliance with
2 the provisions of law and of their franchises and charters. Notwith-
3 standing any other provision of this article to the contrary, a customer
4 of any gas corporation, electric corporation, steam corporation or any
5 combination thereof, or a customer of any other person, company, or
6 corporation providing electricity, steam or gas service to customers
7 may, prior to, or in lieu of, the commencement of an informal hearing or
8 informal review pursuant to 16 NYCRR 12.5, or before commencing an
9 action pursuant to article seventy-eight of the civil practice law and
10 rules following a formal regulatory body decision, commence an action
11 under any legal theory against any party or regulatory body, for any
12 claims in any court of competent jurisdiction to enforce any rights
13 provided to such customer. Any court of competent jurisdiction reviewing
14 any such claims shall not be required to defer to a regulatory body.
15 Such action shall only be commenced when the alleged amount of damages
16 in controversy exceeds twenty-five thousand dollars, individually or in
17 the aggregate.
18 § 2. This act shall take effect on the thirtieth day after it shall
19 have become a law.
