Bill Text: NY S01453 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to extending 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.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2021-05-11 - SIGNED CHAP.106 [S01453 Detail]

Download: New_York-2021-S01453-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1453

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 12, 2021
                                       ___________

        Introduced  by  Sen.  PARKER -- 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 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 June thirtieth, two thousand
     5  twenty-two, whichever is later, no utility corporation  or  municipality
     6  shall  terminate  or  disconnect  the  service of a residential customer
     7  because of defaulted deferred payment agreements or arrears owed to  the
     8  utility corporation or municipality when such customer has experienced a
     9  change  in financial circumstances due to the COVID-19 state of emergen-
    10  cy, as defined by the department. The  utility  corporation  or  munici-
    11  pality  shall  provide such residential customer with the right to enter
    12  into, or restructure, a deferred payment agreement without the  require-
    13  ment of a down payment, late fees, or penalties, as such is provided for
    14  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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05968-01-1

        S. 1453                             2

     1    9. For a period of one hundred eighty days after the COVID-19 state of
     2  emergency is lifted or expires, or until June  thirtieth,  two  thousand
     3  twenty-two,  whichever is later, no water-works corporation shall termi-
     4  nate or disconnect the service of a residential customer account because
     5  of  defaulted  deferred payment agreements or arrears owed to the water-
     6  works corporation when such customer has experienced a change in  finan-
     7  cial circumstances due to the COVID-19 state of emergency, as defined by
     8  the  department. The water-works corporation shall provide such residen-
     9  tial customer with the right to enter into, or restructure,  a  deferred
    10  payment  without the requirement of a down payment, late fees, or penal-
    11  ties, as such is provided for in article two of this chapter.
    12    10-a. The public service commission shall have the authority to  adju-
    13  dicate  complaints  and  conduct  investigations  for  violation of this
    14  section in the manner provided by the provisions  of  this  article  and
    15  shall  have  the  authority to enforce the provisions of this section in
    16  accordance with section twenty-six of this chapter.
    17    § 3. Subdivision 10 of section  91  of  the  public  service  law,  as
    18  amended  by  section  1 of part B of chapter 126 of the laws of 2020, is
    19  amended to read as follows:
    20    10. For a period of one hundred eighty days after the  COVID-19  state
    21  of emergency is lifted or expires, or until June thirtieth, two thousand
    22  twenty-two, whichever is later, no telephone corporation shall terminate
    23  or  disconnect  the service of a residential customer account because of
    24  defaulted deferred payment agreements or arrears then owed to the  tele-
    25  phone  corporation when such customer has experienced a change in finan-
    26  cial circumstances due to the COVID-19 state of emergency, as defined by
    27  the department. The telephone corporation shall provide such residential
    28  customer with the right  to  enter  into,  or  restructure,  a  deferred
    29  payment  agreement without the requirement of a down payment, late fees,
    30  or penalties.
    31    § 4. Subdivision 4 of section 89-l of the public service law, as added
    32  by chapter 108 of the laws of 2020, is amended and a new subdivision 5-a
    33  is added to read as follows:
    34    4. For a period of one hundred eighty days after the COVID-19 state of
    35  emergency is lifted or expires, or until June  thirtieth,  two  thousand
    36  twenty-two,  whichever  is  later,  no  municipality  shall terminate or
    37  discontinue the service  of  a  residential  customer  because  of  bill
    38  arrears,  taxes, or fees owed to the municipality when such customer has
    39  experienced a change in financial  circumstances  due  to  the  COVID-19
    40  state of emergency, as defined by the department. The municipality shall
    41  provide  a residential service customer that has experienced a change in
    42  financial circumstances due to the COVID-19 state of emergency with  the
    43  right  to enter into, or restructure, a deferred payment agreement with-
    44  out the requirement of a down payment, late fees, or penalties, as  such
    45  is provided for in article two of this chapter.
    46    5-a. The public service commission shall have the authority to adjudi-
    47  cate complaints and conduct investigations for violation of this section
    48  in  the manner provided by the provisions of this article and shall have
    49  the authority to enforce the provisions of this  section  in  accordance
    50  with section twenty-six of this chapter.
    51    §  5. Section 5 of chapter 108 of the laws of 2020 amending the public
    52  service law, relating to issuing a moratorium on utility termination  of
    53  services  during  periods  of  pandemics and/or state of emergencies, as
    54  amended by section 2 of part B of chapter 126 of the laws  of  2020,  is
    55  amended to read as follows:

        S. 1453                             3

     1    §  5.  This  act shall take effect immediately and shall expire [March
     2  31, 2021] June 30, 2022 when upon such date the provisions of  this  act
     3  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.
feedback