New York State Assembly

 
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A01368 Summary:

A01368 Actions:

A01368 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Zebrowski      
DATE:02/28/2023AYE/NAY:18/7  Action: Favorable         
Zebrowski
Aye
Lemondes
Nay
Cook
Aye
Blankenbush
Excused
Otis
Aye
Friend
Nay
Rozic
Aye
Palmesano
Nay
Kim
Aye
Angelino
Nay
Dilan
Aye
Jensen
Nay
Pheffer Amato
Aye
Curran
Nay
Vanel
Aye
Pirozzolo
Nay
Carroll
Aye
Fall
Aye
Jean-Pierre
Aye
Gonzalez-Rojas
Aye
Zinerman
Aye
Tapia
Aye
Jacobson
Aye
Bores
Aye
Shimsky
Aye
Simone
Aye

A01368 Floor Votes:

A01368 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1368A                 Revised 2/21/2023
 
SPONSOR: Rozic (MS)

 
TITLE OF BILL:
 
An act to amend the public service law, the general business law and the
public authorities law, in relation to third-party notification
 
 
PURPOSE:
 
To .offer utility, phone, cable, and internet residential customers who
have difficulty keeping up with their bills the option of having notice
of amounts due, collection attempts, and termination of services sent to
a trusted third party.
 
 
SUMMARY OF PROVISIONS:

Section one of the bill amends Section 40 of the public service law to
clarify that third party notification programs already required of util-
ities must offer notice of amounts due or past due on routine bills and
the amounts paid by or on behalf of the customer, as well as collection
and termination notices. Additionally, this bill provides that if a
customer opts to have a third party receive notices, they will also
continue to receive the notices.
 
Section two of the bill amends the general business law by adding a new
section 393-f that will require every telegraph and telephone corpo-
ration, cable television corporation, cellular phone company, or munici-
pality to designate a third party to receive notice of the total amount
due or past due on all bills, the amounts of any payments made by or on
behalf of the customer, as well as copies of all collection and termi-
nation notices. Additionally, this bill provides that if a customer opts
to have a third party receive notices, they will also continue to
receive the notices.
 
Section three of the bill amends section 1020-f of the public service
law by adding new subdivisions jj and kk to provide that LIPA and its
service providers to allow a customer to designate a third party to
receive notice of the total amount due or past due on all bills, the
amounts of any payments made by or on behalf of the customer, as well as
copies of all collection and termination notices. Additionally, this
bill provides that a landlord may designate a third party to receive
notifications of requests for discontinuance of service at that tenant's
unit, provided that the tenant consents to third party notification and
the third party consents to such notice. This bill further provides that
if a landlord and tenant opt to have a third party receive notices, they
will also continue to receive the notices.
 
Section four of the bill establishes the effective date.
 
 
JUSTIFICATION:
 
This legislation will enable customers of utility, phone, cable tele-
vision, and internet service providers to designate a relative, friend,
or other trusted third party to receive notice of amounts due or past
due on routine bills and amounts paid by or on behalf of the customer,
as well as any collection or termination notices. Present statutes only
apply to traditional utilities and could be interpreted to require third
party notification only of collection and termination notices. This bill
will expand the requirement, both by adding phone, cable television,
internet service providers, and by clarifying that third party notifica-
tion programs must offer information about amounts due and payments of
routine bills, as well as collection and termination notices.
 
We are all cognizant that many people may have difficulty keeping up
with bills - because of age, illness, or other circumstances - even if
they are otherwise able to live independently. This legislation will
enable people to obtain the regular assistance of a third party in
ensuring that such bills are kept up-to-date, thereby enhancing their
independence and making it easier for relatives, friends, and caregivers
to offer such assistance.
 
In addition, this bill recognizes that the services of utilities, phone
companies, and cable and internet providers are increasingly converging.
For example, cable companies are often in phone and internet services,
and utilities and phone companies are working on broadband networks that
can carry television programming. As these services continue to
converge, they will be more and more likely to offer packages of
services that we view as essential for daily living. In recognition of
this convergence, this legislation would ensure that all providers have
the same obligation to offer third party billing on the same terms.

Finally, service providers might benefit from timelier bill payment if
this legislation is enacted. The bill has been amended to place some of
the requirements in the general business law rather than the public
service law. In addition, because of privacy concerns, a provision of a
previous version of the bill that would have required that full copies
of bills be sent to a third party has been changed to require only that
amounts due, past due, and paid by or on behalf of the customer be sent
to the third party, since this information is all that is necessary to
assist customers in keeping up with their bills.
 
The State of Connecticut enacted legislation which provides that parents
and providers receive 30 days notice if their subsidy will be ending in
order to protect families from the financial distress that results when
parents lose their subsidies with very little notice.
 
(Connecticut Mirror, June 2, 2010, See
HTTP://WWW.CTMIRROR.ORG/STORV/6266/CARE-4-KIDS). New York must protect
its families as well.
 
 
FISCAL IMPACT ON THE STATE:
 
None
 
 
FISCAL IMPACT ON LOCALITIES:
 
None, except to the extent they may function as utilities.
 
 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
 
Affected. Service providers would be required to permit third party
notifications.
 
 
IMPACT ON FINES, IMPRISONMENT. FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:
 
None.
 
 
LEGISLATIVE HISTORY:
 
2022: A422 (Rozic) - Corporations, Authorities & Commissions
 
2021: A422 (Rozic) - Corporations, Authorities & Commissions
 
2020: A3743 (Rozic) - Corporations, Authorities & Commissions
 
2019: A3743 (Rozic) - Corporations, Authorities & Commissions
 
2018: A9696 (Rozic) - Corporations, Authorities & Commissions
 
2017: A04355 (Kavanagh) Corporations, Authorities and Commissions

2016: A05794 (Kavanagh) Corporations, Authorities and Commissions
 
2015: A05794 (Kavanagh) Corporations, Authorities and Commissions
 
2014: A03907 (Kavanagh) - Corporations, Authorities and Commissions
 
2013: A03907 (Kavanagh) - Corporations, Authorities and Commissions
 
2012: A03693 (Kavanagh) - Third Reading
 
2011: A03693 (Kavanagh) - Third Reading
 
2010: A00509 (Kavanagh) - Passed Assembly
 
2009: A00509 (Kavanagh) - Passed Assembly
 
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

A01368 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1368--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced  by  M.  of  A. ROZIC, COLTON, RIVERA, L. ROSENTHAL -- Multi-
          Sponsored by -- M.    of  A.  J. M. GIGLIO,  LUPARDO,  PEOPLES-STOKES,
          ZEBROWSKI  -- read once and referred to the Committee on Corporations,
          Authorities and Commissions --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the public service law, the general business law and the
          public authorities law, in relation to third-party notification
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 40 of the public service law, as amended by chapter
     2  631 of the laws of 1992, is amended to read as follows:
     3    § 40. Voluntary third-party [notice prior to termination  of  service]
     4  notification.  1. Every utility corporation or municipality shall permit
     5  a  residential  customer  to  designate  a  [third-party] third party to
     6  receive notice of the total amount due or past due  on  all  bills,  the
     7  amounts of any payments paid by or on behalf of such residential custom-
     8  er,  and  copies  of all notices relating to termination of service [or]
     9  and notices relating to collection of amounts due sent to such  residen-
    10  tial  customer,  provided  that the designated [third-party] third party
    11  indicates in writing a willingness to receive such notices, and provided
    12  further, where a residential customer  opts  for  third-party  notifica-
    13  tions,  such  residential  customer  may opt to continue to receive such
    14  notices.
    15    2. Every utility corporation or municipality shall permit a  landlord,
    16  upon  written  request  of  both the landlord and tenant, to designate a
    17  [third-party] third party to be notified of all requests for  discontin-
    18  uance  of  service  to units [owned] occupied by such [landlord] tenant,
    19  provided that the designed third party indicates in writing  a  willing-
    20  ness to receive such notices, and provided further, where the tenant and
    21  landlord  customers  opt  for third-party notifications, such tenant and
    22  landlord customers may opt to continue to receive such notices.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00459-03-3
        A. 1368--A                          2
 
     1    § 2. The general business law is amended by adding a new section 393-f
     2  to read as follows:
     3    §  393-f.  Voluntary  third-party  notification. 1. Every telegraph or
     4  telephone corporation,  cable  television  corporation,  cellular  phone
     5  company,  or  municipality shall permit a residential customer to desig-
     6  nate a third party to receive notice of the total amount due or past due
     7  on all bills, the amounts of any payments paid by or on behalf  of  such
     8  residential  customer, and copies of all notices relating to termination
     9  of service and notices relating to collection of  amounts  due  sent  to
    10  such  residential  customer,  provided  that  the designated third party
    11  indicates in writing a willingness to receive such notices, and provided
    12  further, where a residential customer  opts  for  third-party  notifica-
    13  tions,  such  residential  customer  may opt to continue to receive such
    14  notices.
    15    2. Every telegraph or telephone corporation, cable  television  corpo-
    16  ration, cellular phone company, or municipality shall permit a landlord,
    17  upon  written  request  of  both the landlord and tenant, to designate a
    18  third party to be notified of all requests for discontinuance of service
    19  to units occupied by such tenant, provided  that  the  designated  third
    20  party  indicates  in  writing a willingness to receive such notices, and
    21  provided further, where the tenant and landlord customers opt for third-
    22  party notifications, such tenant  and  landlord  customers  may  opt  to
    23  continue to receive such notices.
    24    § 3. Section 1020-f of the public authorities law, as added by chapter
    25  517  of the laws of 1986, is amended by adding two new subdivisions (jj)
    26  and (kk) to read as follows:
    27    (jj) The authority and its service provider shall permit a residential
    28  customer to designate a third party  to  receive  notice  of  the  total
    29  amount due or past due on all bills, the amounts of any payments paid by
    30  or  on  behalf  of  such residential customer, and copies of all notices
    31  relating to termination of service and notices relating to collection of
    32  amounts due sent to such residential customer, provided that the  desig-
    33  nated    third  party indicates in writing a willingness to receive such
    34  notices, and provided further, where a  residential  customer  opts  for
    35  third-party notifications, such residential customer may opt to continue
    36  to receive such notices.
    37    (kk)  The  authority and its service provider shall permit a landlord,
    38  upon written request of both the landlord and  tenant,  to  designate  a
    39  third party to be notified of all requests for discontinuance of service
    40  to units occupied by such tenant, provided  that  the  designated  third
    41  party  indicates  in  writing a willingness to receive such notices, and
    42  provided further, where the tenant and landlord customers opt for third-
    43  party notifications, such tenant  and  landlord  customers  may  opt  to
    44  continue to receive such notices.
    45    § 4. This act shall take effect on the one hundred eightieth day after
    46  it shall have become a law.

A01368 LFIN:

 
NO LFIN

A01368 Chamber Video/Transcript: