Bill Text: NY A04980 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Requires the public service commission to conduct a review within fifteen days when a residential customer of a public utility company alleges that the public utility company has overcharged the customer for service and to refund the overcharge within thirty days; provides for penalties; requires the public service commission to promulgate rules and regulations.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2024-01-03 - referred to corporations, authorities and commissions [A04980 Detail]

Download: New_York-2023-A04980-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4980

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions

        AN ACT to amend the public service law, in relation to refunds by public
          utility companies to overcharged customers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 23 of the public service law is amended by adding a
     2  new subdivision 4  to read as follows:
     3    4.  (a) Whenever any residential customer of a public utility company,
     4  whose rates are subject to the jurisdiction of  the  commission  alleges
     5  that the public utility company has overcharged the customer for service
     6  provided  by  or  through  the  public  utility company, for any reason,
     7  including mistake, negligence or fraud, the commission shall review  the
     8  accuracy  of  the  alleged over-charge.   Such review shall be conducted
     9  within fifteen days of receipt of the customer's complaint  against  the
    10  public  utility company.  If the allegation is determined by the commis-
    11  sion to be correct, upon completion of the review,  the  commission,  by
    12  order  shall  require  the interested company to send a check or issue a
    13  credit to the overcharged customer or customers,  on  or  before  a  day
    14  fixed  in  the order.   The interested company shall issue a credit or a
    15  check to the customer based  upon  the  customer's  preference.  If  the
    16  company  fails to send a check or issue a credit within thirty days, the
    17  commission is authorized to impose a fine on the public utility  company
    18  in  an  amount to be determined by the commission in accordance with the
    19  provisions of section twenty-five of this article.
    20    (b) An action under this section shall be commenced in accordance with
    21  the provisions of subdivision two of section two hundred thirteen of the
    22  civil practice law and rules.
    23    (c) The commission shall issue rules and regulations implementing this
    24  section.
    25    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06328-03-3