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S08012 Summary:

S08012 Actions:

S08012 Committee Votes:

S08012 Floor Votes:

S08012 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8012
 
                    IN SENATE
 
                                     January 5, 2024
                                       ___________
 
        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the public service law, in relation to the  finality  of
          certain  utility  charges  and  the  contents of utility bills; and to
          amend a chapter of the laws of 2023 amending the  public  service  law
          relating  to  the finality of certain utility charges and the contents
          of utility bills, as proposed in legislative bills numbers  S.  4234-A
          and A. 4055-A, in relation to the effectiveness thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 41 of the public service  law,  as
     2  amended  by  a chapter   of the laws of 2023 amending the public service
     3  law relating to the finality of certain utility charges and the contents
     4  of utility bills, as proposed in legislative bills numbers S. 4234-A and
     5  A.  4055-A, is amended to read as follows:
     6    1. Notwithstanding any other provision  of  law,  [no]  if  a  utility
     7  corporation or municipality [shall charge] does not render a residential
     8  customer for gas or electric service [which was rendered more than two],
     9  with  the  exception  of a seasonal or short-term customer as defined by
    10  rule of the commission, a monthly bill for gas and/or electric  services
    11  used  by  such  customer  during that monthly period, or, in the case of
    12  bi-monthly meter reads, during that month and the  prior  month,  within
    13  three months [prior to the mailing of the first bill to the customer for
    14  such  service  unless] from the end date of such monthly billing period,
    15  then, such residential customer shall not be charged for  such  gas  and
    16  electric  services  which  were  not  billed to the customer as provided
    17  herein, unless the failure of the corporation or  municipality  to  bill
    18  sooner  was not due to the neglect of the corporation or municipality or
    19  was due to the culpable conduct of the customer. If the customer remains
    20  liable for such service, the utility shall permit payments  to  be  made
    21  under  an  installment payment plan, provided, however, that the utility
    22  or municipality may require prompt payment if the  non-billing  resulted
    23  from  the culpable conduct of the customer. Any such installment payment
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04105-06-4
        S. 8012                             2
 
     1  plan may provide for a downpayment of up to one-half of the amounts  due
     2  from the customer, or three months average billing, whichever is less.
     3    § 2. Section 41-a of the public service law, as added by a chapter  of
     4  the laws of 2023 amending the public service law relating to the finali-
     5  ty  of  certain  utility  charges  and the contents of utility bills, as
     6  proposed in legislative bills numbers S. 4234-A and A. 4055-A, is renum-
     7  bered section 66-w and is amended to read as follows:
     8    §  66-w.  Finality  of  charges;  small   non-residential   customers.
     9  Notwithstanding  any  other provision of law[, no utility corporation or
    10  municipality shall charge a non-residential customer for gas or electric
    11  service which was rendered more than two months prior to the mailing  of
    12  the  first  bill  to the customer for such service unless the failure of
    13  the corporation or municipality to bill sooner was not due to the negli-
    14  gence or neglect of the corporation or municipality or was  due  to  the
    15  culpable  conduct  of  the customer] if a utility corporation or munici-
    16  pality does not render a small non-residential customer for gas or elec-
    17  tric service, with the exception of a seasonal or short-term customer as
    18  defined by rule of the commission, a monthly bill for gas  and/or  elec-
    19  tric  services  used by such customer during that monthly period, or, in
    20  the case of bi-monthly meter reads, during  that  month  and  the  prior
    21  month,  within  three  months  from the end date of such monthly billing
    22  period, then, such small non-residential customer shall not  be  charged
    23  for such gas and electric services which were not billed to the customer
    24  as  provided  herein,  unless  the failure of the corporation or munici-
    25  pality to bill sooner was not due to the neglect of the  corporation  or
    26  municipality  or  was  due  to the culpable conduct of the customer. The
    27  commission shall promulgate  regulations  necessary  to  effectuate  the
    28  purposes  of this section. For the purposes of this section, "small non-
    29  residential customer" means non-residential electric customers that  are
    30  non-demand  billed  customers and non-residential gas customers that use
    31  less than or equal to 750 dekatherms  per  year.  Such  term  shall  not
    32  include street lighting accounts.
    33    §  3.  Subdivision 7 of section 44 of the public service law, as added
    34  by a chapter  of the laws of 2023 amending the public service law relat-
    35  ing to the finality of certain utility charges and the contents of util-
    36  ity bills, as proposed in legislative bills numbers  S.  4234-A  and  A.
    37  4055-A, is amended to read as follows:
    38    7.  [As]  Notwithstanding any other provision of law, as part of every
    39  billing statement, [the] any utility corporation [or municipality]  that
    40  serves  more  than fifteen thousand customers in the state shall provide
    41  [both in graph and written form, for the prior two years of the customer
    42  or the prior customers at the same address, the  monthly  usage  of  the
    43  customer,  the  monthly  unit charges for usage, and the monthly billing
    44  charge amount to the customer. This  requirement  shall  apply  to  both
    45  residential  and  non-residential customers] the average daily usage per
    46  month or the monthly usage at the customer's address for the prior thir-
    47  teen months. Additionally, notwithstanding any conflicting provision  of
    48  law,  upon  request  by  the  customer,  such  utility corporation shall
    49  provide monthly billing charge amounts at such  customer's  address  for
    50  the  thirteen  months prior to the current billing period, no later than
    51  thirty days after such request is made.
    52    § 4. Section 4 of a chapter  of the laws of 2023 amending  the  public
    53  service  law relating to the finality of certain utility charges and the
    54  contents of utility bills, as proposed in legislative bills  numbers  S.
    55  4234-A and A. 4055-A, is amended to read as follows:
        S. 8012                             3

     1    § 4. This act shall take effect on the [first of January next succeed-
     2  ing  the  date upon which] one hundred eightieth day after it shall have
     3  become a law. Effective  immediately,  the  addition,  amendment  and/or
     4  repeal  of  any  rule  or regulation necessary for the implementation of
     5  this  act  on its effective date are authorized to be made and completed
     6  on or before such effective date.
     7    § 5.  This act shall take effect immediately; provided, however,  that
     8  sections  one,  two, and three of this act shall take effect on the same
     9  date and in the same manner as a chapter of the laws  of  2023  amending
    10  the  public  service  law  relating  to  the finality of certain utility
    11  charges and the contents of utility bills, as  proposed  in  legislative
    12  bills numbers S. 4234-A and A. 4055-A, takes effect.