Bill Text: NY S04322 | 2021-2022 | General Assembly | Amended

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Bill Title: Provides a judicial remedy to resolve complaints related to utility bills that have an alleged amount of damages exceeding twenty-five thousand dollars.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-03 - PRINT NUMBER 4322B [S04322 Detail]

Download: New_York-2021-S04322-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4322--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 3, 2021
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee  on  Energy and Telecommunications in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08805-04-2
        S. 4322--B                          2

     1  property,  equipment  or  appliances  of any such person, corporation or
     2  municipality are unsafe, inefficient or inadequate, the commission shall
     3  determine and prescribe  the  safe,  efficient  and  adequate  property,
     4  equipment  and appliances thereafter to be used, maintained and operated
     5  for the security and accommodation of the public and in compliance  with
     6  the  provisions  of  law  and of their franchises and charters. Notwith-
     7  standing any other provision of this article to the contrary, a customer
     8  of any gas corporation, electric corporation, steam corporation  or  any
     9  combination  thereof,  or  a  customer  of any other person, company, or
    10  corporation providing electricity, steam or  gas  service  to  customers
    11  may, prior to, or in lieu of, the commencement of an informal hearing or
    12  informal  review  pursuant  to  16  NYCRR  12.5, or before commencing an
    13  action pursuant to article seventy-eight of the civil practice  law  and
    14  rules  following  a  formal regulatory body decision, commence an action
    15  under any legal theory against any party or  regulatory  body,  for  any
    16  claims  in  any  court  of  competent jurisdiction to enforce any rights
    17  provided to such customer. Any court of competent jurisdiction reviewing
    18  any such claims shall not be required to defer  to  a  regulatory  body.
    19  Such  action  shall only be commenced when the alleged amount of damages
    20  in controversy exceeds twenty-five thousand dollars, individually or  in
    21  the aggregate.
    22    §  2.  This  act shall take effect on the thirtieth day after it shall
    23  have become a law.