NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5786B
SPONSOR: Solages TITLE OF BILL:
An act to amend the public service law, in relation to prohibiting
termination of residential utility service during forecasts of extreme
temperature
PURPOSE:
This bill is meant to prevent nonpayment utility shutoffs during extreme
weather events which can be dangerous to utility customers' health.
SUMMARY:
Section 1 amends paragraph (c) of subdivision 3 of section 32 of the
public service law as added by chapter 713 of the laws of 1981 to
provide for technical changes to the paragraph.
Section 2 amends Section 32 of the public service law by adding a new
subdivision 3-a which (a) defines "forecast of extreme temperature"
thresholds, (b) prohibits the intentional termination of heating elec-
tricity, or water service under certain conditions, and (c) provides
that customers of submetered residential electric or water service are
subject to the same protections outlined in the subdivision.
Section 3 provides a severability clause Section 4 sets the effective
date.
JUSTIFICATION:
Existing laws prevent utility services from being shut off for residents
who will suffer severe health or safety impairments. Generally, this
status requires the submission of a written certification by a medical
practitioner to the utility provider. However, extreme summer weather
is becoming more common, and many individuals, even those without health
impairments can become vulnerable to extreme heat.
In July of 2023, New York City saw an extreme heat advisory for several
days, with temperatures reaching 108 degrees. Heat-exacerbated deaths
have been increasing in the past decade, and in New York City alone, an
estimated 350 New Yorkers die because of heat and heat-related causes
each summer.
A balance due on one's electric or gas bill should not mean New Yorkers
risk their lives during the warmest and coldest days of the year. This
legislation follows the lead of many other state temperature-based
shutoff rules, including Arizona, Georgia, and Illinois, among others.
This legislation will tie the criteria to the National Weather Service
readings to prevent shutoffs during extreme heat and cold forecasts
throughout the state.
LEGISLATIVE HISTORY:
2023-24: A7975; referred to corporations, authorities, and commissions.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5786--B
2025-2026 Regular Sessions
IN ASSEMBLY
February 20, 2025
___________
Introduced by M. of A. SOLAGES, BURDICK, LEVENBERG -- 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 -- recommitted to the Committee on
Corporations, Authorities and Commissions in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public service law, in relation to prohibiting
termination of residential utility service during forecasts of extreme
temperature
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 3 of section 32 of the public
2 service law, as added by chapter 713 of the laws of 1981, is amended to
3 read as follows:
4 (c) Special procedures for cold weather periods. (i) The commission
5 shall establish procedures to be followed by a utility or municipality
6 supplying heat related service in cold weather periods. Such procedures
7 shall be designed to identify and assist, prior to termination of
8 service, those residents who may suffer serious impairment to health or
9 safety as a result of any such termination. The commission shall estab-
10 lish the applicable cold weather periods; specify criteria for identify-
11 ing residents who are likely to suffer serious impairments, and require
12 that such service not be terminated unless a representative of the util-
13 ity or municipality makes a diligent effort to contact by telephone or
14 in person an adult resident of the customer's premises at least seven-
15 ty-two hours prior to termination, makes a personal visit at the time of
16 termination and provides the customer with information regarding the
17 protections available under this article. The commission shall provide
18 for the manner in which such contacts and personal visits are made. (ii)
19 The commission shall [also] require a utility or municipality supplying
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00254-04-6
A. 5786--B 2
1 service to continue service to customers where a serious impairment to
2 health or safety is likely to result from termination of service and the
3 person supplied is unable because of mental or physical problems to
4 manage [his or her] their own resources or to protect [himself or
5 herself] themself from neglect or hazardous situations without the
6 assistance of others. Doubts shall be resolved in favor of continued
7 service. Continuations of service shall be for a period of time to be
8 established by the commission. The commission shall consult with the
9 department of social services and the state office for the aging in
10 implementing the provisions of this paragraph.
11 § 2. Section 32 of the public service law is amended by adding a new
12 subdivision 3-a to read as follows:
13 3-a. (a) For the purposes of this subdivision, the term "forecast of
14 extreme temperature" shall mean a forecast by the national weather
15 service or such other authoritative source as designated by the commis-
16 sion that indicates:
17 (i) the heat index or ambient air temperature will reach eighty-five
18 degrees Fahrenheit or above during any time of day or night; or
19 (ii) lowest forecasted ambient air temperature or wind chill will
20 reach thirty-two degrees Fahrenheit or below during any time of day or
21 night.
22 (b) A utility or municipality supplying residential heat, electricity,
23 or water shall not terminate such service the day preceding, the day of,
24 and the two days following a forecast of extreme temperature. A utility
25 or municipality shall also immediately halt any scheduled termination
26 if, at any point, during that day, the heat index, wind chill, or ambi-
27 ent air temperature reaches or exceeds the threshold set forth in para-
28 graph (a) of this subdivision, regardless of whether the earlier fore-
29 cast predicted that threshold would be met.
30 (c) Any provider of submetered residential electric or water service,
31 including any submetering billing company or third-party administrator
32 acting on behalf of a building owner or manager, shall be subject to the
33 same provisions applicable under this subdivision.
34 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
35 sion or part of this article of the application thereof to any person,
36 firm or corporation, or circumstance shall be adjudged by any court of
37 competent jurisdiction to be invalid or unconstitutional, such judgement
38 shall not affect, impair or invalidate the remainder thereof, but shall
39 be confined in its operation to the clause, sentence, paragraph, subdi-
40 vision, or part of this act; or in its application to the person, firm,
41 corporation, or circumstance, directly involved in the controversy in
42 which such judgement shall have been rendered.
43 § 4. This act shall take effect immediately.
