Bill Text: NY S06275 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to establishing arrears resolution programs; requires utility corporations, telephone corporations, water-works corporations, municipal water systems, internet service providers and cable television companies to establish arrears resolution programs for residential and small business customers to pay arrears owed during the COVID-19 state of emergency; requires the public service commission to study arrears owed for broadband services and cable service in the state; defines terms; requires the public service commission to establish an arrears resolution funding program to pay for customers' arrears.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-04-06 - PRINT NUMBER 6275C [S06275 Detail]
Download: New_York-2021-S06275-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6275--C 2021-2022 Regular Sessions IN SENATE April 20, 2021 ___________ Introduced by Sens. PARKER, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Tele- communications -- 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 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public service law and the public authorities law, in relation to establishing arrears resolution programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 28 to read as follows: 3 § 28. Arrears resolution funding program. 1. The commission is hereby 4 authorized and directed to implement, as soon as practicable, a program 5 to fund arrears resolution programs established pursuant to sections 6 thirty-seven-a, eighty-nine-bb, ninety-one-b, two hundred twenty-four-d, 7 and two hundred twenty-four-e of this chapter. 8 2. Such program shall be funded with: (a) funds received by the state 9 from the American Rescue Plan Act of 2021, Pub. L. 117-2, and any other 10 federal funds made available for such purpose; and 11 (b) any state funds appropriated for such program. 12 3. The commission may adopt any rules or regulations necessary to 13 carry out the provisions of this section. 14 § 2. The public service law is amended by adding a new section 37-a to 15 read as follows: 16 § 37-a. Arrears resolution program. 1. For the purposes of this 17 section, the following terms shall have the following meanings: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10807-05-2S. 6275--C 2 1 (a) "covered period" means the period beginning February first, two 2 thousand twenty until ninety days after December thirty-first, two thou- 3 sand twenty-one; 4 (b) "COVID-19 state of emergency" means the state disaster emergency 5 declared pursuant to executive order number two hundred two of two thou- 6 sand twenty; 7 (c) "small business customer" means a business with twenty-five or 8 fewer employees that is not a (i) publicly held company, or a subsidiary 9 thereof, (ii) seasonal, short-term, or temporary customer, (iii) high 10 energy customer as defined by the commission, or (iv) customer that the 11 utility corporation can demonstrate has the resources to pay its 12 arrears; and 13 (d) "utility arrears" means unpaid utility payments by a residential 14 customer, small business customer and/or ratepayer to a utility corpo- 15 ration accrued during the covered period. 16 2. The commission shall require utility corporations to establish an 17 arrears resolution program no later than ninety days after the effective 18 date of this section for residential customers and small business 19 customers to pay any utility arrears owed to such utility corporation 20 during the covered period when such a customer has experienced a change 21 in financial circumstances due to the COVID-19 state of emergency, as 22 defined by the department. The fiscal impact of such program shall not 23 be borne by customers and shall not be added to bills rendered by the 24 utility corporation to customers. 25 3. A customer's utility arrears shall be paid from funds received by 26 the utility corporation from the arrears resolution funding program 27 established pursuant to section twenty-eight of this chapter. 28 4. The commission shall require utility corporations to provide infor- 29 mation and application forms for such programs to eligible customers on 30 their websites, at their offices, and by other means, and to provide 31 information regarding the availability and eligibility standards for 32 such program to residential customers and small business customers at 33 the time of service initiation, in bill inserts, in communications with 34 customers in arrears, and by other means required or approved by the 35 commission. 36 5. The commission shall require utility corporations to file periodic 37 reports regarding the number of eligible customers participating in such 38 programs and other information deemed necessary or appropriate by the 39 commission. 40 § 3. Section 1020-f of the public authorities law is amended by adding 41 a new subdivision jj to read as follows: 42 jj. To implement, as soon as practicable, a program to fund an 43 arrears resolution program. 44 1. Such program shall be funded with (i) funds received by the state 45 from the American Rescue Plan Act of 2021, Pub. L. 117-2, and any other 46 federal funds made available for such purpose; and (ii) any state funds 47 appropriated for such program. The authority may adopt any rules or 48 regulations necessary to carry out the provisions of this subdivision. 49 2. The authority shall require service providers to establish an 50 arrears resolution program no later than ninety days after the effective 51 date of this subdivision for residential customers and small business 52 customers to pay any utility arrears owed to such service provider 53 during the covered period when such a customer has experienced a change 54 in financial circumstances, due to the COVID-19 state of emergency, as 55 defined by the authority. The fiscal impact of such program shall notS. 6275--C 3 1 be borne by customers and shall not be added to bills rendered by the 2 service provider to customers. 3 3. A customer's utility arrears shall be paid from funds received by 4 the service provider from the arrears resolution funding program estab- 5 lished pursuant to this subdivision. 6 4. The authority shall require service providers to provide informa- 7 tion and application forms for such programs to eligible customers on 8 their websites, at their offices, and by other means, and to provide 9 information regarding the availability and eligibility standards for 10 such program to residential customers and small business customers at 11 the time of service initiation, in bill inserts, in communications with 12 customers in arrears, and by other means required or approved by the 13 authority. 14 5. The authority shall require service providers to file periodic 15 reports regarding the number of eligible customers participating in such 16 programs and other information deemed necessary or appropriate by the 17 authority. 18 6. For the purposes of this subdivision, the following terms shall 19 have the following meanings: 20 (i) "covered period" means the period beginning February first, two 21 thousand twenty until ninety days after December thirty first, two thou- 22 sand twenty-one; 23 (ii) "COVID-19 state of emergency" means the state disaster emergency 24 declared pursuant to executive order number two hundred two of two thou- 25 sand twenty; 26 (iii) "small business customer" means a business with twenty-five or 27 fewer employees that is not a (A) publicly held company, or a subsidiary 28 thereof, (B) seasonal, short-term, or temporary customer, (C) high ener- 29 gy customer as defined by the authority, or (D) customer that the 30 service provider can demonstrate has the resources to pay its arrears; 31 and 32 (iv) "utility arrears" means unpaid utility payments by a residential 33 customer, small business customer, and/or ratepayer to a service provid- 34 er accrued during the covered period. 35 § 4. The public service law is amended by adding a new section 89-bb 36 to read as follows: 37 § 89-bb. Arrears resolution program. 1. For the purposes of this 38 section, the following terms shall have the following meanings: 39 (a) "covered period" means the period beginning February first, two 40 thousand twenty until ninety days after December thirty-first, two thou- 41 sand twenty-one; 42 (b) "COVID-19 state of emergency" means the state disaster emergency 43 declared pursuant to executive order number two hundred two of two thou- 44 sand twenty; 45 (c) "small business customer" means a business with twenty-five or 46 fewer employees that is not a (i) publicly held company, or a subsidiary 47 thereof, (ii) seasonal, short-term, or temporary customer, (iii) high 48 energy customer as defined by the commission, or (iv) customer that the 49 water-works corporation and/or municipal water system can demonstrate 50 has the resources to pay its arrears; and 51 (d) "water arrears" means unpaid water utility payments by a residen- 52 tial customer, small business customer and/or ratepayer to a water-works 53 corporation and/or municipal water system that accrued during the 54 covered period. 55 2. The commission shall require water-works corporations and municipal 56 water systems to establish an arrears resolution program no later thanS. 6275--C 4 1 ninety days after the effective date of this section for residential 2 customers and small business customers to pay any water arrears owed to 3 such water-works corporation and/or municipal water system during the 4 covered period when such a customer has experienced a change in finan- 5 cial circumstances due to the COVID-19 state of emergency, as defined by 6 the department. The fiscal impact of such program shall not be borne by 7 customers and shall not be added to bills rendered by the water-works 8 corporation and/or municipal water system to customers. 9 3. A customer's water arrears shall be paid from funds received by the 10 water-works corporation or municipal water system from the arrears 11 resolution funding program established pursuant to section twenty-eight 12 of this chapter. 13 4. The commission shall require water-works corporations and municipal 14 water systems to provide information and application forms for such 15 programs to eligible customers on their websites, at their offices, and 16 by other means, and to provide information regarding the availability 17 and eligibility standards for such program to residential customers and 18 small business customers at the time of service initiation, in bill 19 inserts, in communications with customers in arrears, and by other means 20 required or approved by the commission. 21 5. The commission shall require water-works corporations and municipal 22 water systems to file periodic reports regarding the number of eligible 23 customers participating in such programs and other information deemed 24 necessary or appropriate by the commission. 25 § 5. The public service law is amended by adding a new section 91-b to 26 read as follows: 27 § 91-b. Arrears resolution program. 1. For the purposes of this 28 section, the following terms shall have the following meanings: 29 (a) "covered period" means the period beginning February first, two 30 thousand twenty until ninety days after December thirty-first, two thou- 31 sand twenty-one; 32 (b) "COVID-19 state of emergency" means the state disaster emergency 33 declared pursuant to executive order number two hundred two of two thou- 34 sand twenty; 35 (c) "small business customer" means a business with twenty-five or 36 fewer employees that is not a (i) publicly held company, or a subsidiary 37 thereof, (ii) seasonal, short-term, or temporary customer, (iii) high 38 usage customer as defined by the commission, or (iv) customer that the 39 telephone corporation can demonstrate has the resources to pay its 40 arrears; and 41 (d) "telephone arrears" means unpaid telephone payments by a residen- 42 tial and/or small business customer to a telephone corporation accrued 43 during the covered period. 44 2. The commission shall require telephone corporations to establish an 45 arrears resolution program no later than ninety days after the effective 46 date of this section for residential customers and small business 47 customers to pay any telephone arrears owed to such telephone corpo- 48 ration during the covered period when such a customer has experienced a 49 change in financial circumstances due to the COVID-19 state of emergen- 50 cy, as defined by the department. The fiscal impact of such program 51 shall not be borne by customers and shall not be added to bills rendered 52 by the telephone corporation to customers. 53 3. A customer's telephone arrears shall be paid from funds received by 54 the telephone corporation from the arrears resolution funding program 55 established pursuant to section twenty-eight of this chapter.S. 6275--C 5 1 4. The commission shall require telephone corporations to provide 2 information and application forms for such programs to eligible custom- 3 ers on their websites, at their offices, and by other means, and to 4 provide information regarding the availability and eligibility standards 5 for such program to residential customers and small business customers 6 at the time of service initiation, in bill inserts, in communications 7 with customers in arrears, and by other means required or approved by 8 the commission. 9 5. The commission shall require telephone corporations to file period- 10 ic reports regarding the number of eligible customers participating in 11 such programs and other information deemed necessary or appropriate by 12 the commission. 13 § 6. The public service law is amended by adding a new section 224-d 14 to read as follows: 15 § 224-d. Broadband services arrears resolution program. 1. For the 16 purposes of this section, the following terms shall have the following 17 meanings: 18 (a) "broadband service" means a mass-market retail service that 19 provides the capability to transmit data to and receive data from all or 20 substantially all internet endpoints, including any capabilities that 21 are incidental to and enable the operation of the communications 22 service, but shall not include dial-up service; 23 (b) "broadband service arrears" means unpaid broadband payments by a 24 residential and/or small business customer to an internet service 25 provider accrued during the covered period; 26 (c) "covered period" means the period beginning February first, two 27 thousand twenty until ninety days after December thirty-first, two thou- 28 sand twenty-one; 29 (d) "COVID-19 state of emergency" means the state disaster emergency 30 declared pursuant to executive order number two hundred two of two thou- 31 sand twenty; 32 (e) "internet service provider" means any person, business or organ- 33 ization qualified to do business in this state that provides individ- 34 uals, corporations, or other entities with the ability to connect to the 35 internet; and 36 (f) "small business customer" means a business with twenty-five or 37 fewer employees that is not a (i) publicly held company, or a subsidiary 38 thereof, (ii) seasonal, short-term, or temporary customer, (iii) high 39 usage customer as defined by the commission, or (iv) customer that the 40 internet service provider can demonstrate has the resources to pay its 41 arrears. 42 2. (a) The commission shall study broadband service arrears accrued 43 during the COVID-19 state of emergency including by area of the state 44 where customers owe such arrears, the types of services customers 45 receive and the average amount of such arrears, and any current programs 46 internet service providers offer their customers to assist with the 47 payment of such arrears. 48 (b) Within ninety days of the effective date of this section, the 49 commission shall submit a report of its findings and recommendations 50 from the study and for the creation of broadband services arrears resol- 51 ution programs, to the governor, the temporary president of the senate 52 and the speaker of the assembly. 53 3. The commission shall require internet service providers to estab- 54 lish an arrears resolution program no later than ninety days after the 55 submission of the commission's report on broadband service arrears for 56 residential customers and small business customers to pay any broadbandS. 6275--C 6 1 services arrears owed to such internet service provider during the 2 covered period when such a customer has experienced a change in finan- 3 cial circumstances due to the COVID-19 state of emergency, as defined by 4 the department. The fiscal impact of such program shall not be borne by 5 customers and shall not be added to bills rendered by the internet 6 service provider to customers. 7 4. A customer's broadband service arrears shall be paid from funds 8 received by the internet service provider from the arrears resolution 9 funding program established pursuant to section twenty-eight of this 10 chapter. 11 5. The commission shall require internet service providers to provide 12 information and application forms for such programs to eligible custom- 13 ers on their websites, at their offices, and by other means, and to 14 provide information regarding the availability and eligibility standards 15 for such program to residential customers and small business customers 16 at the time of service initiation, in bill inserts, in communications 17 with customers in arrears, and by other means required or approved by 18 the commission. 19 6. The commission shall require internet service providers to file 20 periodic reports regarding the number of eligible customers participat- 21 ing in such programs and other information deemed necessary or appropri- 22 ate by the commission. 23 § 7. The public service law is amended by adding a new section 224-e 24 to read as follows: 25 § 224-e. Cable service arrears resolution program. 1. For the purposes 26 of this section, the following terms shall have the following meanings: 27 (a) "cable service arrears" means unpaid cable payments by a residen- 28 tial and/or small business customer to a cable television company 29 accrued during the covered period; 30 (b) "covered period" means the period beginning February first, two 31 thousand twenty until ninety days after December thirty-first, two thou- 32 sand twenty-one; 33 (c) "COVID-19 state of emergency" means the state disaster emergency 34 declared pursuant to executive order number two hundred two of two thou- 35 sand twenty; and 36 (d) "cable television company" shall have the same meaning as subdivi- 37 sion one of section two hundred twelve of this article. 38 2. (a) The commission shall study cable service arrears accrued during 39 the COVID-19 state of emergency including by area of the state where 40 customers owe such arrears, the types of services customers receive and 41 the average amount of such arrears, and any current programs cable tele- 42 vision companies offer their customers to assist with the payment of 43 such arrears. 44 (b) Within ninety days of the effective date of this section, the 45 commission shall submit a report of its findings and recommendations 46 from the study and for the creation of cable service arrears resolution 47 programs, to the governor, the temporary president of the senate and the 48 speaker of the assembly. 49 3. The commission shall require cable television companies to estab- 50 lish an arrears resolution program no later than ninety days after the 51 submission of the commission's report on cable service arrears for resi- 52 dential customers and small business customers to pay any cable services 53 arrears owed to such cable television companies during the covered peri- 54 od when such a customer has experienced a change in financial circum- 55 stances due to the COVID-19 state of emergency, as defined by the 56 commission. The fiscal impact of such program shall not be borne byS. 6275--C 7 1 customers and shall not be added to bills rendered by the cable tele- 2 vision companies provider to customers. 3 4. A customer's cable service arrears shall be paid from funds 4 received by the cable television companies from the arrears resolution 5 funding program established pursuant to section twenty-eight of this 6 chapter. 7 5. The commission shall require cable television companies to provide 8 information and application forms for such programs to eligible custom- 9 ers on their websites, at their offices, and by other means, and to 10 provide information regarding the availability and eligibility standards 11 for such program to residential customers and small business customers 12 at the time of service initiation, in bill inserts, in communications 13 with customers in arrears, and by other means required or approved by 14 the commission. 15 6. The commission shall require cable television companies to file 16 periodic reports regarding the number of eligible customers participat- 17 ing in such programs and other information deemed necessary or appropri- 18 ate by the commission. 19 § 8. This act shall take effect immediately.
