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A00953 Summary:

BILL NOA00953B
 
SAME ASSAME AS S00904-B
 
SPONSORShrestha
 
COSPNSRGallagher, Jacobson, Steck, Burdick, Simon, Mitaynes, Epstein, Stirpe, Mamdani, Forrest, Carroll R, Rosenthal, De Los Santos, Septimo, Reyes, Raga, Colton
 
MLTSPNSR
 
Amd §2, add §§54, 77-a, 85-a & 16-a, Pub Serv L
 
Prohibits utility corporations from imposing late fees, interest, or penalties during an investigation by the commission; allows retroactive late fees, interest, or penalties if a determination is made in favor of such utility corporation; prohibits utility services from being terminated during an investigation by the commission; requires utility corporations to notify customers of investigations; requires notice to the general public; requires the public service commission to prepare reports on investigatory proceedings relating to gas, electric, and steam service.
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A00953 Actions:

BILL NOA00953B
 
01/08/2025referred to corporations, authorities and commissions
03/31/2025amend (t) and recommit to corporations, authorities and commissions
03/31/2025print number 953a
04/29/2025reported referred to codes
06/08/2025reference changed to ways and means
06/09/2025reported referred to rules
06/09/2025amend and recommit to rules 953b
06/11/2025reported
06/11/2025rules report cal.602
06/11/2025ordered to third reading rules cal.602
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A00953 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         953--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of A. SHRESTHA, GALLAGHER, JACOBSON, STECK, BURDICK,
          SIMON, MITAYNES, EPSTEIN, STIRPE, MAMDANI, FORREST, R. CARROLL, ROSEN-
          THAL, DE LOS SANTOS, SEPTIMO, REYES, RAGA, COLTON  --  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 --  reported  and  referred  to  the
          Committee  on  Codes -- reference changed to the Committee on Ways and
          Means -- reported and referred to the  Committee  on  Rules  --  Rules
          Committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to the Committee on Rules
 
        AN ACT to amend the public service law, in relation  to  termination  of
          certain  utility  services and to reports on investigatory proceedings
          relating to gas, electric, and steam service
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "consumer utility protections  during  investigations  act"  or  the
     3  "CUPDI act".
     4    §  2.  Section  2 of the public service law is amended by adding a new
     5  subdivision 30 to read as follows:
     6    30. "Final determination" or "finally  determined"  means  a  judicial
     7  decision: (i) by the highest court of competent jurisdiction; or (ii) by
     8  a  court  of  competent jurisdiction from which no appeal has been taken
     9  and the time within which to appeal has expired.
    10    § 3. The public service law is amended by adding a new section  54  to
    11  read as follows:
    12    §  54.  Investigations relating to residential gas, electric and steam
    13  utility service. 1. For the purposes of this section, the term "investi-
    14  gation" shall mean a formal proceeding conducted by  the  commission  to
    15  examine  the  billing, rates, or charges of a utility corporation or any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00509-04-5

        A. 953--B                           2
 
     1  proceeding during which the commission deems it appropriate to pause the
     2  charges described in subdivision two of this section.  The term  "inves-
     3  tigation"  shall  include such proceedings conducted pursuant to section
     4  seventy-one  of this chapter. Notwithstanding any provision of law, rule
     5  or regulation to  the  contrary,  the  term  "investigation"  shall  not
     6  include   commission  inquiries  triggered  by  an  individual  customer
     7  complaint filed pursuant to section forty-three of this  article.    The
     8  term "investigation" shall not include a proceeding relating to a "major
     9  change"  as  defined  in  paragraph (c) of subdivision twelve of section
    10  sixty-six of this chapter.
    11    2. (a) A utility corporation shall not impose late fees,  interest  or
    12  penalties  during  an  investigation  if such utility corporation is the
    13  subject of a pending investigation, provided  however,  that  such  late
    14  fees, interest and penalties may be imposed retroactively if such inves-
    15  tigation  is  issued a final order in favor of such utility corporation.
    16  Such late payment charges shall be in compliance with the guidelines set
    17  forth in section forty-two of this article.
    18    (b) Upon the final determination or by the issuance of a final  order,
    19  of  any  investigation  covered  by  this  section, the commission shall
    20  either (i) determine any allowable penalties the utility corporation may
    21  impose upon its customers, or (ii) waive, or partially waive, any inter-
    22  est or fees charged by the utility corporation to the consumer  on  such
    23  consumer's  billing  statements during a period such utility corporation
    24  determines to be related to such investigation.
    25    3. Notwithstanding any law, rule, regulation, order, or tariff to  the
    26  contrary,  utility  service  shall  not  be  terminated  to  residential
    27  accounts for non-payment of an overdue charge from the  commencement  of
    28  any  commission  investigation  until  one hundred twenty days after the
    29  findings of such investigation have been published and  a  determination
    30  has been issued by the commission. Nothing in this section shall prohib-
    31  it a utility corporation from disconnecting service necessary to protect
    32  the health and safety of customers and the public.
    33    4.  (a)  Within  ten days of the commencement of an investigation, the
    34  utility corporation shall notify residential customers of such  investi-
    35  gation.  Forms of notification of an investigation from a utility corpo-
    36  ration to a residential customer shall include, but not be  limited  to,
    37  letters,  notices  on  utility bills, phone calls, and notices posted on
    38  the utility corporation's website.
    39    (b) Within three days of the commencement  of  an  investigation,  the
    40  department  shall  post  a notice to the general public of such investi-
    41  gation on its website.
    42    § 4. The public service law is amended by adding a new section 77-a to
    43  read as follows:
    44    § 77-a. Investigations relating to commercial gas and electric utility
    45  service. 1. For the purposes of this section, the  term  "investigation"
    46  shall  mean  a  formal proceeding conducted by the commission to examine
    47  the billing, rates, or charges of a utility corporation or any  proceed-
    48  ing during which the commission deems it appropriate to pause the charg-
    49  es  described  in  subdivision  two of this section.  The term "investi-
    50  gation" shall include such proceedings  conducted  pursuant  to  section
    51  seventy-one  of  this  article.   Notwithstanding any law, rule or regu-
    52  lation to the contrary,  the  term  "investigation"  shall  not  include
    53  commission inquiries triggered by an individual customer complaint filed
    54  pursuant  to  section  forty-three of this chapter.   The term "investi-
    55  gation" shall not include a proceeding relating to a "major  change"  as

        A. 953--B                           3
 
     1  defined  in  paragraph (c) of subdivision twelve of section sixty-six of
     2  this article.
     3    2.  (a)  A utility corporation shall not impose late fees, interest or
     4  penalties during an investigation if such  utility  corporation  is  the
     5  subject  of  a  pending  investigation, provided however, that such late
     6  fees, interest and penalties may be imposed retroactively if such inves-
     7  tigation is issued a final order in favor of such  utility  corporation.
     8  Such late payment charges shall be in compliance with the guidelines set
     9  forth in section sixty-five of this article.
    10    (b)  Upon the final determination or by the issuance of a final order,
    11  of any investigation covered  by  this  section,  the  commission  shall
    12  either (i) determine any allowable penalties the utility corporation may
    13  impose upon its customers, or (ii) waive, or partially waive, any inter-
    14  est  or fees charged by such utility corporation to the consumer on such
    15  consumer's billing statements during a period such  utility  corporation
    16  determines to be related to such investigation.
    17    3.  Notwithstanding any law, rule, regulation, order, or tariff to the
    18  contrary,  utility  service  shall  not  be  terminated  to  residential
    19  accounts  for  non-payment of an overdue charge from the commencement of
    20  any commission investigation until one hundred  twenty  days  after  the
    21  findings  of  such investigation have been published and a determination
    22  has been issued by the commission. Nothing in this section shall prohib-
    23  it a utility corporation from disconnecting service necessary to protect
    24  the health and safety of customers and the public.
    25    4. (a) Within ten days of the commencement of  an  investigation,  the
    26  utility  corporation shall notify residential customers of such investi-
    27  gation. Forms of notification of an investigation from a utility  corpo-
    28  ration  to  a residential customer shall include, but not be limited to,
    29  letters, notices on utility bills, phone calls, and  notices  posted  on
    30  the utility corporation's website.
    31    (b)  Within  three  days  of the commencement of an investigation, the
    32  department shall post a notice to the general public  of  such  investi-
    33  gation on its website.
    34    § 5. The public service law is amended by adding a new section 85-a to
    35  read as follows:
    36    §  85-a.  Investigations relating to commercial steam utility service.
    37  1.  For the purposes of this section,  the  term  "investigation"  shall
    38  mean  a  formal  proceeding  conducted  by the commission to examine the
    39  billing, rates, or charges, of a utility corporation or  any  proceeding
    40  during  which  the  commission deems it appropriate to pause the charges
    41  described in subdivision two of this section. The  term  "investigation"
    42  shall include such proceedings conducted pursuant to section seventy-one
    43  of  this  chapter.    Notwithstanding any law, rule or regulation to the
    44  contrary,  the  term  "investigation"  shall  not   include   commission
    45  inquiries  triggered  by an individual customer complaint filed pursuant
    46  to section forty-three of this chapter.  The term "investigation"  shall
    47  not  include  a  proceeding  relating  to a "major change" as defined in
    48  paragraph (c) of subdivision twelve of section sixty-six of  this  chap-
    49  ter.
    50    2.  (a) A utility corporation shall not impose late fees, interest, or
    51  penalties during an investigation if such  utility  corporation  is  the
    52  subject  of  a  pending  investigation, provided however, that such late
    53  fees, interest and penalties may be imposed retroactively if such inves-
    54  tigation is issued a final order in favor of such  utility  corporation.
    55  Such  late  payment charges shall be in compliance with section seventy-
    56  nine of this article.

        A. 953--B                           4
 
     1    (b) Upon the final determination or by the issuance of a final  order,
     2  of  any  investigation  covered  by  this  section, the commission shall
     3  either (i) determine any allowable penalties the utility corporation may
     4  impose upon its customers, or (ii) waive, or partially waive, any inter-
     5  est  or  fees charged by the utility corporation to the consumer on such
     6  consumer's billing statements during a period such  utility  corporation
     7  determines to be related to such investigation.
     8    3.  Notwithstanding any law, rule, regulation, order, or tariff to the
     9  contrary,  utility  service  shall  not  be  terminated  to  residential
    10  accounts  for  non-payment of an overdue charge from the commencement of
    11  any commission investigation until one hundred  twenty  days  after  the
    12  findings  of  such investigation have been published and a determination
    13  has been issued by the commission. Nothing in this section shall prohib-
    14  it a utility corporation from disconnecting service necessary to protect
    15  the health and safety of customers and the public.
    16    4. (a) Within ten days of the commencement of  an  investigation,  the
    17  utility  corporation shall notify residential customers of such investi-
    18  gation. Forms of notification of an investigation from a utility  corpo-
    19  ration  to  a residential customer shall include, but not be limited to,
    20  letters, notices on utility bills, phone calls, and  notices  posted  on
    21  the utility corporation's website.
    22    (b)  Within  three  days  of the commencement of an investigation, the
    23  department shall post a notice to the general public  of  such  investi-
    24  gation on its website.
    25    § 6. The public service law is amended by adding a new section 16-a to
    26  read as follows:
    27    §  16-a.  Reports  on investigatory proceedings relating to gas, elec-
    28  tric, and steam service. The commission shall submit  to  the  governor,
    29  the  speaker of the assembly, the temporary president of the senate, the
    30  chair of the assembly corporations, commissions, and authorities commit-
    31  tee, and the chair of the senate energy and telecommunications committee
    32  an annual report detailing the list of investigations that  were  deemed
    33  applicable under sections fifty-four, seventy-seven-a, and eighty-five-a
    34  of  this  chapter.    Such  report  shall  include an explanation of the
    35  instances where the commission has deemed the  use  of  such  provisions
    36  appropriate.    Additionally,  the  report shall include all appropriate
    37  case numbers, or  docket  numbers  where  applicable,  utilized  in  the
    38  commission's  records keeping systems and any other information that the
    39  commission deems necessary.
    40    For the purposes of this section, the term "investigation" shall  have
    41  the same meaning as defined in sections fifty-four, seventy-seven-a, and
    42  eighty-five-a of this chapter.
    43    §  7.  This  act shall take effect on the thirtieth day after it shall
    44  have become a law.
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