- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
S08113 Summary:
BILL NO | S08113A |
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SAME AS | SAME AS A10521 |
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SPONSOR | PARKER |
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COSPNSR | ADDABBO, CARLUCCI, COMRIE, GAUGHRAN, HARCKHAM, HOYLMAN, KAPLAN, KAVANAGH, LIU, MAY, METZGER, MONTGOMERY, SKOUFIS |
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MLTSPNSR | |
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Amd 32, 89-b, 91 & 89-l, Pub Serv L | |
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Relates to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies. |
S08113 Actions:
BILL NO | S08113A | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/23/2020 | REFERRED TO ENERGY AND TELECOMMUNICATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2020 | COMMITTEE DISCHARGED AND COMMITTED TO CONSUMER PROTECTION | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2020 | AMEND AND RECOMMIT TO CONSUMER PROTECTION | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2020 | PRINT NUMBER 8113A | |||||||||||||||||||||||||||||||||||||||||||||||||
05/26/2020 | REPORTED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
05/27/2020 | ORDERED TO THIRD READING CAL.641 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/27/2020 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/27/2020 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
05/27/2020 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
05/27/2020 | substituted for a10521 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/27/2020 | ordered to third reading rules cal.54 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2020 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/28/2020 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/05/2020 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2020 | SIGNED CHAP.108 |
S08113 Committee Votes:
Go to topS08113 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Smith
Yes
Abinanti
No
Crouch
ER
Gantt
No
LiPetri
Yes
Perry
No
Smullen
ER
Arroyo
Yes
Cruz
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Solages
No
Ashby
Yes
Cusick
No
Giglio
Yes
Magnarelli
Yes
Pichardo
No
Stec
Yes
Aubry
Yes
Cymbrowitz
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Steck
No
Barclay
Yes
Darling
No
Goodell
No
Manktelow
Yes
Quart
Yes
Stern
Yes
Barnwell
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stirpe
Yes
Barrett
Yes
De La Rosa
Yes
Griffin
No
McDonough
Yes
Ramos
No
Tague
Yes
Barron
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Reilly
Yes
Taylor
Yes
Benedetto
No
DeStefano
No
Hawley
No
Mikulin
Yes
Reyes
Yes
Thiele
Yes
Bichotte
Yes
Dickens
Yes
Hevesi
No
Miller B
Yes
Richardson
Yes
Vanel
Yes
Blake
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Rivera
No
Walczyk
No
Blankenbush
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Rodriguez
Yes
Walker
No
Brabenec
No
DiPietro
Yes
Jacobson
No
Montesano
Yes
Rosenthal D
Yes
Wallace
Yes
Braunstein
Yes
D'Urso
Yes
Jaffee
No
Morinello
Yes
Rosenthal L
No
Walsh
Yes
Bronson
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Ryan
Yes
Weprin
Yes
Burke
Yes
Epstein
Yes
Jones
Yes
Nolan
No
Salka
Yes
Williams
Yes
Buttenschon
Yes
Fahy
Yes
Joyner
No
Norris
Yes
Santabarbara
Yes
Woerner
No
Byrne
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Sayegh
Yes
Wright
No
Byrnes
Yes
Fernandez
No
Kolb
Yes
Ortiz
ER
Schimminger
Yes
Zebrowski
Yes
Cahill
ER
Finch
No
Lalor
Yes
Otis
Yes
Schmitt
Yes
Mr. Speaker
Yes
Carroll
No
Fitzpatrick
Yes
Lavine
No
Palmesano
Yes
Seawright
Yes
Colton
No
Friend
No
Lawrence
Yes
Palumbo
Yes
Simon
Yes
Cook
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Simotas
‡ Indicates voting via videoconference
S08113 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8113--A IN SENATE March 23, 2020 ___________ Introduced by Sens. PARKER, HOYLMAN, METZGER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications -- committee discharged and said bill committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the public service law, in relation to issuing a morato- rium on utility termination of services during periods of pandemics and/or state of emergencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 32 of the public service law, as 2 added by chapter 686 of the laws of 2002, is amended to read as follows: 3 6. No utility corporation or municipality shall terminate or discon- 4 nect services to any residential customer for the non-payment of an 5 overdue charge for the duration of the state disaster emergency declared 6 pursuant to executive order two hundred two of two thousand twenty 7 (herein after "the COVID-19 state of emergency"). 8 Utility corporations and municipalities shall have a duty to restore 9 service, to the extent not already required under this chapter, to any 10 residential customer within forty-eight hours if such service has been 11 terminated during the pendency of the COVID-19 state of emergency. 12 7. For a period of one hundred eighty days after the COVID-19 state of 13 emergency is lifted or expires, no utility corporation or municipality 14 shall terminate or disconnect the service of a residential customer 15 because of defaulted deferred payment agreements or arrears owed to the 16 utility corporation or municipality when such customer has experienced a 17 change in financial circumstances due to the COVID-19 state of emergen- 18 cy, as defined by the department. The utility corporation or munici- 19 pality shall provide such residential customer with the right to enter 20 into, or restructure, a deferred payment agreement without the require- 21 ment of a down payment, late fees, or penalties, as such is provided for 22 in this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15908-07-0S. 8113--A 2 1 8. Every utility corporation or municipality shall provide notice to 2 residential customers, in a writing to be included with a bill statement 3 or, when appropriate, via electronic transmission the provisions of this 4 section and shall further make reasonable efforts to contact customers 5 who have demonstrated a change in financial circumstances due to the 6 COVID-19 state of emergency for the purpose of offering such customers a 7 deferred payment agreement consistent with the provisions of this arti- 8 cle. 9 9. Implementation of the provisions of this section shall not prohibit 10 a utility or municipality from recovering lost or deferred revenues 11 after the lifting or expiration of the COVID-19 state of emergency, 12 pursuant to such means for recovery as are provided for in this chapter, 13 and by means not inconsistent with any of the provisions of this arti- 14 cle. Nothing in this section shall prohibit a utility corporation or 15 municipality from disconnecting service necessary to protect the health 16 and safety of customers and the public. 17 10. Implementation of the provisions of this section shall not limit 18 the contractual remedies for damages which might be available to the 19 terminating utility provided that an award of such damages is not incon- 20 sistent with any of the provisions of this article. 21 § 2. Section 89-b of the public service law is amended by adding four 22 new subdivisions 8, 9, 10 and 11 to read as follows: 23 8. No water-works corporation shall terminate or disconnect the supply 24 of water to residential accounts for the non-payment of water rents, 25 rates or charges for the duration of the state disaster emergency 26 declared pursuant to executive order two hundred two of two thousand 27 twenty (hereinafter "the COVID-19 state of emergency"). Water-works 28 corporations shall have a duty to restore service, to the extent not 29 already required under this chapter, to any residential customer within 30 forty-eight hours if such service has been terminated during the penden- 31 cy of the COVID-19 state of emergency. 32 9. For a period of one hundred eighty days after the COVID-19 state of 33 emergency is lifted or expires, no water-works corporation shall termi- 34 nate or disconnect the service of a residential customer account because 35 of defaulted deferred payment agreements or arrears owed to the water- 36 works corporation when such customer has experienced a change in finan- 37 cial circumstances due to the COVID-19 state of emergency, as defined by 38 the department. The water-works corporation shall provide such residen- 39 tial customer with the right to enter into, or restructure, a deferred 40 payment agreement without the requirement of a down payment, late fees, 41 or penalties, as such is provided for in article two of this chapter. 42 10. Every water-works corporation shall provide notice to residential 43 customers, in a writing to be included with a bill statement or, when 44 appropriate, via electronic transmission, the provisions of this section 45 and shall further make reasonable efforts to contact customers who have 46 demonstrated a change in financial circumstances due to the COVID-19 47 state of emergency for the purpose of offering such customers a deferred 48 payment agreement consistent with the provisions of this article. 49 11. Implementation of the provisions of this section shall not prohib- 50 it a water-works corporation from recovering lost or deferred revenues 51 after the lifting or expiration of the COVID-19 state of emergency, 52 pursuant to such means for recovery as are provided for in this chapter, 53 and by means not inconsistent with any of the provisions of this arti- 54 cle. Nothing in this section shall prohibit a water-works corporation 55 from disconnecting service when it is necessary to protect the health 56 and safety of customers and the public.S. 8113--A 3 1 § 3. Section 91 of the public service law is amended by adding four 2 new subdivisions 9, 10, 11 and 12 to read as follows: 3 9. No telephone corporation shall terminate or disconnect a residen- 4 tial service customer for the non-payment of an overdue charge for the 5 duration of the state disaster emergency declared pursuant to executive 6 order two hundred two of two thousand twenty (hereinafter "the COVID-19 7 state of emergency"). Telephone corporations shall have a duty to 8 restore service, to the extent not already required under this chapter, 9 to any residential customer within forty-eight hours if such service has 10 been terminated during the pendency of the COVID-19 state of emergency. 11 10. After the COVID-19 state of emergency is lifted or expires, no 12 telephone corporation shall terminate or disconnect the service of a 13 residential customer account because of defaulted deferred payment 14 agreements or arrears owed to the telephone corporation when such 15 customer has experienced a change in financial circumstances due to the 16 COVID-19 state of emergency, as defined by the department. The tele- 17 phone corporation shall provide such residential customer with the right 18 to enter into, or restructure, a deferred payment agreement without the 19 requirement of a down payment, late fees, or penalties, as such is 20 provided for in article two of this chapter. 21 11. Every telephone corporation shall provide notice to residential 22 customers in a writing to be included with a bill statement or, when 23 appropriate, via electronic transmission the provisions of this section 24 and shall further make reasonable efforts to contact customers who have 25 demonstrated a change in financial circumstances due to the COVID-19 26 state of emergency for the purpose of offering such customers a deferred 27 payment agreement consistent with the provisions of this article. 28 12. Implementation of the provisions of this section shall not prohib- 29 it a telephone corporation from recovering lost or deferred revenues 30 after the lifting or expiration of the COVID-19 state of emergency, 31 pursuant to such means for recovery as are provided for in this chapter, 32 and by means not inconsistent with any of the provisions of this arti- 33 cle. Nothing in this section shall prohibit a telephone corporation from 34 disconnecting service when it is necessary to protect the health and 35 safety of customers and the public. 36 § 4. Section 89-l of the public service law is amended by adding four 37 new subdivisions 3, 4, 5 and 6 to read as follows: 38 3. No municipality shall terminate or discontinue residential service 39 for the nonpayment of bills, taxes, or fees for the duration of the 40 state disaster emergency declared pursuant to executive order two 41 hundred two of two thousand twenty (hereinafter the "COVID-19 state of 42 emergency"). Every municipality shall have a duty to restore service to 43 any residential customer within forty-eight hours of the effective date 44 of this subdivision if such service has been terminated during the 45 pendency of the COVID-19 state of emergency. 46 4. For a period of one hundred eighty days after the COVID-19 state of 47 emergency is lifted or expires, no municipality shall terminate or 48 discontinue the service of a residential customer because of bill 49 arrears, taxes, or fees owed to the municipality when such customer has 50 experienced a change in financial circumstances due to the COVID-19 51 state of emergency, as defined by the department. The municipality shall 52 provide a residential service customer that has experienced a change in 53 financial circumstances due to the COVID-19 state of emergency with the 54 right to enter into, or restructure, a deferred payment agreement with- 55 out the requirement of a down payment, late fees, or penalties, as such 56 is provided for in article two of this chapter.S. 8113--A 4 1 5. Every municipality shall provide notice to residential customers in 2 a writing to be included with a bill statement or, when appropriate, via 3 electronic transmission the provisions of this section and shall further 4 make reasonable efforts to contact customers who have demonstrated a 5 change in financial circumstances due to the COVID-19 state of emergency 6 for the purpose of offering such customers a deferred payment agreement 7 consistent with the provisions of this article. 8 6. Implementation of the provisions of this section shall not prohibit 9 a municipality from recovering lost or deferred revenues after the lift- 10 ing or expiry of the COVID-19 state of emergency, provided that such 11 means are not inconsistent with the provisions of this article. Nothing 12 in this section shall prohibit a municipality from disconnecting service 13 when it is necessary to protect the health and safety of customers and 14 the public. 15 § 5. This act shall take effect immediately.