Bill Text: NY S08879 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires utility companies to reimburse consumers for spoilage of food and medication due to the lack of refrigeration in the event of a power outage lasting seventy-two hours or more; imposes a fine of no less than one thousand dollars.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-08-07 - REFERRED TO RULES [S08879 Detail]

Download: New_York-2019-S08879-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8879

                    IN SENATE

                                     August 7, 2020
                                       ___________

        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the public service law, in relation to requiring utility
          companies to reimburse consumers in the event  of  a  prolonged  power
          outage

          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  77-a to read as follows:
     3    §  77-a.  Utility reimbursement requirements.   1. In the event that a
     4  residential home experiences a power outage lasting seventy-two  consec-
     5  utive hours or more without having been resolved by the utility company,
     6  the utility company shall be responsible for the following:
     7    (a)  Full  reimbursement  of any food spoiled due to lack of refriger-
     8  ation.  Customers shall provide the utility company an itemized list  of
     9  all  food  spoiled  or  proof  of  purchase  within fourteen days of the
    10  outage. The utility company shall reimburse the customer within fourteen
    11  days of the receipt of the itemized  list  or  proof  of  purchase.  The
    12  amount  of  the  reimbursement  shall  not exceed a total of two hundred
    13  twenty-five dollars for customers who  provide  an  itemized  list.  The
    14  amount  of  the  reimbursement  for  customers  who  provide an itemized
    15  receipt may receive the full amount to cover food spoiled.
    16    (b) Full reimbursement of  any  medication  spoiled  due  to  lack  of
    17  refrigeration.  Customers  shall provide the utility company an itemized
    18  list and proof of medication lost due to lack  of  refrigeration  within
    19  fourteen  days  of  the  outage. Proof may include pharmacy prescription
    20  label, pharmacy receipt or a letter from the prescribing physician.  The
    21  utility company shall reimburse the customer within fourteen days of the
    22  receipt of the itemized list and proof of medication lost.
    23    (c)  Full  reimbursement to local business owners for any food spoiled
    24  due to lack of refrigeration. Business owners will provide  the  utility
    25  company  with an itemized list for all food spoiled or proof of purchase
    26  within fourteen days of the outage. The utility company shall  reimburse
    27  the  business  owner within fourteen days of the receipt of the itemized

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05344-01-9
        S. 8879                             2

     1  list or proof of purchase. The amount of the reimbursement  shall  total
     2  no  more  than  five  hundred dollars for business owners who provide an
     3  itemized list. The amount of the reimbursement for business  owners  who
     4  provide  an  itemized  receipt may receive no more than ten thousand two
     5  hundred dollars.
     6    2. Utility companies that fail to provide a reimbursement to a  quali-
     7  fying consumer within the fourteen-day window shall be subject to a fine
     8  to be issued by the commission of no less than one thousand dollars.
     9    § 2. This act shall take effect on the one hundred twentieth day after
    10  it shall have become a law.