NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1441A
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the public service law, in relation to complaint handl-
ing procedures by the public service commission
PURPOSE:
To ensure that legitimate billing and related complaints made. by
consumers and other affected entities against utilities are handled in
an effective and timely fashion and a decision rendered.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends § 43 of the public service law to provide
the following: improved complaint handling procedures, including cover
age of all complaints, reporting on such complaints within reasonable
and defined time periods, requirement that all reports be made in writ-
ing and provide documentation; penalties on non-complying utilities.
Section two of the bill provides the effective date.
JUSTIFICATION:
This legislation adds the necessary guidance and teeth to the existing
procedure for resolving all consumer complaints against utilities, which
almost always center around disputed billing charges. Even though New
York State Department of Public Service has announced that it will imme-
diately work with utilities across the state to ensure any customers
affected by COVID-19 will not lose power or heat due to financial hard
ship, the reality is that consumer issues with utilities have existed
long before COVID-19 and has only worsened during the pandemic. By
refusing to repay customers as well as failing to even acknowledge
consumer billing complaints, utilities are acting contrary to the
collective public interest at a time when consumers desperately need
financial assistance.
Just as utility customers deserve the assurance of continuity of essen-
tial electric and gas service during the coronavirus pandemic, they also
deserve any money that is rightfully owed to them by the utilities
during this time of unprecedented financial hardship throughout the
state. Wrongfully withholding hundreds of millions in customer money, or
simply not responding to consumer complaints within a reasonable amount
of time, adds to the pain of financial hardship already facing so many
New Yorkers.
The current process lacks actual and enforceable timelines, due process,
clear evidentiary standards and penalties for willful non-compliance on
the part of utilities. The absence of any clear guideposts on procedure
and lack of consequences for flouting compliance make this legislation
necessary, as in practice, large utilities simply ignore the legitimate
complaints of consumers and other smaller, vulnerable entities such as
small businesses and nonprofits.
PRIOR LEGISLATIVE HISTORY:
2024: A.1745-A / S.628-A - Vetoed Memo 21
2023: A.1745 - Corporations, Authorities and Commissions / S.628 - Ener-
gy and Telecommunications
2022: A.2038 - Rules / S.2744 - Energy and Telecommunications
2021: A.2038 - Corporations, Authorities and Commissions / S.2744 Energy
and Telecommunications
2019-2020: A.10682 - Corporations, Authorities and Commissions / S.8301
- Energy and Telecommunications
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment, and/or
repeal of any rules and regulations necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such effective date.
