Bill Text: NY S01453 | 2021-2022 | General Assembly | Amended
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-Amended.html
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1453--A Cal. No. 116 2021-2022 Regular Sessions IN SENATE January 12, 2021 ___________ Introduced by Sens. PARKER, GAUGHRAN, HARCKHAM, HINCHEY, HOYLMAN, KENNE- DY -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05968-02-1S. 1453--A 2 1 § 2. Subdivision 9 of section 89-b of the public service law, as added 2 by chapter 108 of the laws of 2020, is amended and a new subdivision 3 10-a is added to read as follows: 4 9. For a period of one hundred eighty days after the COVID-19 state of 5 emergency is lifted or expires, or until December thirty-first, two 6 thousand twenty-one, whichever is earlier, no water-works corporation 7 shall terminate or disconnect the service of a residential customer 8 account because of defaulted deferred payment agreements or arrears owed 9 to the water-works corporation when such customer has experienced a 10 change in financial circumstances due to the COVID-19 state of emergen- 11 cy, as defined by the department. The water-works corporation shall 12 provide such residential customer with the right to enter into, or 13 restructure, a deferred payment without the requirement of a down 14 payment, late fees, or penalties, as such is provided for in article two 15 of this chapter. 16 10-a. The public service commission shall have the authority to adju- 17 dicate complaints and conduct investigations for violation of this 18 section in the manner provided by the provisions of this article and 19 shall have the authority to enforce the provisions of this section in 20 accordance with section twenty-six of this chapter. 21 § 3. Subdivision 10 of section 91 of the public service law, as 22 amended by section 1 of part B of chapter 126 of the laws of 2020, is 23 amended to read as follows: 24 10. For a period of one hundred eighty days after the COVID-19 state 25 of emergency is lifted or expires, or until December thirty-first, two 26 thousand twenty-one, whichever is earlier, no telephone corporation 27 shall terminate or disconnect the service of a residential customer 28 account because of defaulted deferred payment agreements or arrears then 29 owed to the telephone corporation when such customer has experienced a 30 change in financial circumstances due to the COVID-19 state of emergen- 31 cy, as defined by the department. The telephone corporation shall 32 provide such residential customer with the right to enter into, or 33 restructure, a deferred payment agreement without the requirement of a 34 down payment, late fees, or penalties. 35 § 4. Subdivision 4 of section 89-l of the public service law, as added 36 by chapter 108 of the laws of 2020, is amended and a new subdivision 5-a 37 is added to read as follows: 38 4. For a period of one hundred eighty days after the COVID-19 state of 39 emergency is lifted or expires, or until December thirty-first, two 40 thousand twenty-one, whichever is earlier, no municipality shall termi- 41 nate or discontinue the service of a residential customer because of 42 bill arrears, taxes, or fees owed to the municipality when such customer 43 has experienced a change in financial circumstances due to the COVID-19 44 state of emergency, as defined by the department. The municipality shall 45 provide a residential service customer that has experienced a change in 46 financial circumstances due to the COVID-19 state of emergency with the 47 right to enter into, or restructure, a deferred payment agreement with- 48 out the requirement of a down payment, late fees, or penalties, as such 49 is provided for in article two of this chapter. 50 5-a. The public service commission shall have the authority to adjudi- 51 cate complaints and conduct investigations for violation of this section 52 in the manner provided by the provisions of this article and shall have 53 the authority to enforce the provisions of this section in accordance 54 with section twenty-six of this chapter. 55 § 5. Section 5 of chapter 108 of the laws of 2020 amending the public 56 service law, relating to issuing a moratorium on utility termination ofS. 1453--A 3 1 services during periods of pandemics and/or state of emergencies, as 2 amended by section 2 of part B of chapter 126 of the laws of 2020, is 3 amended to read as follows: 4 § 5. This act shall take effect immediately and shall expire [March531, 2021] December thirty-first, 2021 when upon such date the provisions 6 of this act shall be deemed repealed. 7 § 6. This act shall take effect immediately; provided, however, that: 8 (a) the amendments to subdivision 7 of section 32 of the public 9 service law made by section one of this act shall not affect the repeal 10 of such subdivision and shall be deemed repealed therewith; 11 (b) the amendments to subdivision 9 of section 89-b of the public 12 service law made by section two of this act shall not affect the repeal 13 of such subdivision and shall be deemed repealed therewith; 14 (c) subdivision 10-a of section 89-b of the public service law as 15 added by section two of this act shall be repealed on the same date and 16 in the same manner as chapter 108 of the laws of 2020, as amended; 17 (d) the amendments to subdivision 10 of section 91 of the public 18 service law made by section three of this act shall not affect the 19 repeal of such subdivision and shall be deemed repealed therewith; 20 (e) the amendments to subdivision 4 of section 89-l of the public 21 service law made by section four of this act shall not affect the repeal 22 of such subdivision and shall be deemed repealed therewith; and 23 (f) subdivision 5-a of section 89-l of the public service law as added 24 by section four of this act shall be repealed on the same date and in 25 the same manner as chapter 108 of the laws of 2020, as amended.
