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S01453 Summary:

BILL NOS01453A
 
SAME ASNo Same As
 
SPONSORPARKER
 
COSPNSRGAUGHRAN, HARCKHAM, HINCHEY, HOYLMAN, KAPLAN, KENNEDY
 
MLTSPNSR
 
Amd §§32, 89-b, 91 & 89-l, Pub Serv L; amd §5, Chap 108 of 2020
 
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.
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S01453 Text:



 
                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.
                                                                   LBD05968-02-1

        S. 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 of

        S. 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 [March
     5  31, 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.
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