STATE OF NEW YORK ________________________________________________________________________ 10521 IN ASSEMBLY May 24, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Mosley) -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public service law, in relation to issuing a morato- rium on utility termination of services during periods of pandemics and/or state of emergencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 32 of the public service law, as 2 added by chapter 686 of the laws of 2002, is amended to read as follows: 3 6. No utility corporation or municipality shall terminate or discon- 4 nect services to any residential customer for the non-payment of an 5 overdue charge for the duration of the state disaster emergency declared 6 pursuant to executive order two hundred two of two thousand twenty 7 (herein after "the COVID-19 state of emergency"). 8 Utility corporations and municipalities shall have a duty to restore 9 service, to the extent not already required under this chapter, to any 10 residential customer within forty-eight hours if such service has been 11 terminated during the pendency of the COVID-19 state of emergency. 12 7. For a period of one hundred eighty days after the COVID-19 state of 13 emergency is lifted or expires, no utility corporation or municipality 14 shall terminate or disconnect the service of a residential customer 15 because of defaulted deferred payment agreements or arrears owed to the 16 utility corporation or municipality when such customer has experienced a 17 change in financial circumstances due to the COVID-19 state of emergen- 18 cy, as defined by the department. The utility corporation or munici- 19 pality shall provide such residential customer with the right to enter 20 into, or restructure, a deferred payment agreement without the require- 21 ment of a down payment, late fees, or penalties, as such is provided for 22 in this article. 23 8. Every utility corporation or municipality shall provide notice to 24 residential customers, in a writing to be included with a bill statement 25 or, when appropriate, via electronic transmission the provisions of this 26 section and shall further make reasonable efforts to contract customers EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15908-06-0A. 10521 2 1 who have demonstrated a change in financial circumstance due to the 2 COVID-19 state of emergency for the purpose of offering such customers a 3 deferred payment agreement consistent with the provisions of this arti- 4 cle. 5 9. Implementation of the provisions of this section shall not prohibit 6 a utility or municipality from recovering lost or deferred revenues 7 after the lifting or expiration of the COVID-19 state of emergency, 8 pursuant to such means for recovery as are provided for in this chapter, 9 and by means not inconsistent with any of the provisions of this arti- 10 cle. Nothing in this section shall prohibit a utility corporation or 11 municipality from disconnecting service necessary to protect the health 12 and safety of customers and the public. 13 10. Implementation of the provisions of this section shall not limit 14 the contractual remedies for damages which might be available to the 15 terminating utility provided that an award of such damages is not incon- 16 sistent with any of the provisions of this article. 17 § 2. Section 89-b of the public service law is amended by adding four 18 new subdivisions 8, 9, 10 and 11 to read as follows: 19 8. No water-works corporation shall terminate or disconnect the supply 20 of water to residential accounts for the non-payment of water rents, 21 rates or charges for the duration of the state disaster emergency 22 declared pursuant to executive order two hundred two of two thousand 23 twenty (hereinafter "the COVID-19 state of emergency"). Water-works 24 corporations shall have a duty to restore service, to the extent not 25 already required under this chapter, to any residential customer within 26 forty-eight hours if such service has been terminated during the penden- 27 cy of the COVID-19 state of emergency. 28 9. For a period of one hundred eighty days after the COVID-19 state of 29 emergency is lifted or expires, no water-works corporation shall termi- 30 nate or disconnect the service of a residential customer account because 31 of defaulted deferred payment agreements or arrears owed to the water- 32 works corporation when such customer has experienced a change in finan- 33 cial circumstances due to the COVID-19 state of emergency, as defined by 34 the department. The water-works corporation shall provide such residen- 35 tial customer with the right to enter into, or restructure, a deferred 36 payment agreement without the requirement of a down payment, late fees, 37 or penalties, as such is provided for in article two of this chapter. 38 10. Every water-works corporation shall provide notice to residential 39 customers, in a writing to be included with a bill statement or, when 40 appropriate, via electronic transmission, the provisions of this section 41 and shall further make reasonable efforts to contact customers who have 42 demonstrated a change in financial circumstances due to the COVID-19 43 state of emergency for the purpose of offering such customers a deferred 44 payment agreement consistent with the provisions of this article. 45 11. Implementation of the provisions of this section shall not prohib- 46 it a water-works corporation from recovering lost or deferred revenues 47 after the lifting or expiration of the COVID-19 state of emergency, 48 pursuant to such means for recovery as are provided for in this chapter, 49 and by means not inconsistent with any of the provisions of this arti- 50 cle. Nothing in this section shall prohibit a water-works corporation 51 from disconnecting service when it is necessary to protect the health 52 and safety of customers and the public. 53 § 3. Section 91 of the public service law is amended by adding four 54 new subdivisions 9, 10, 11 and 12 to read as follows: 55 9. No telephone corporation shall terminate or disconnect a residen- 56 tial service customer for the non-payment of an overdue charge for theA. 10521 3 1 duration of the state disaster emergency declared pursuant to executive 2 order two hundred two of two thousand twenty (hereinafter "the COVID-19 3 state of emergency"). Telephone corporations shall have a duty to 4 restore service, to the extent not already required under this chapter, 5 to any residential customer within forty-eight hours if such service has 6 been terminated during the pendency of the COVID-19 state of emergency. 7 10. After the COVID-19 state of emergency is lifted or expires, no 8 telephone corporation shall terminate or disconnect the service of a 9 residential customer account because of defaulted deferred payment 10 agreements or arrears owed to the telephone corporation when such 11 customer has experienced a change in financial circumstances due to the 12 COVID-19 state of emergency, as defined by the department. The tele- 13 phone corporation shall provide such residential customer with the right 14 to enter into, or restructure, a deferred payment agreement without the 15 requirement of a down payment, late fees, or penalties, as such is 16 provided for in article two of this chapter. 17 11. Every telephone corporation shall provide notice to residential 18 customers in a writing to be included with a bill statement or, when 19 appropriate, via electronic transmission the provisions of this section 20 and shall further make reasonable efforts to contact customers who have 21 demonstrated a change in financial circumstances due to the COVID-19 22 state of emergency for the purpose of offering such customers a deferred 23 payment agreement consistent with the provisions of this article. 24 12. Implementation of the provisions of this section shall not prohib- 25 it a telephone corporation from recovering lost or deferred revenues 26 after the lifting or expiration of the COVID-19 state of emergency, 27 pursuant to such means for recovery as are provided for in this chapter, 28 and by means not inconsistent with any of the provisions of this arti- 29 cle. Nothing in this section shall prohibit a telephone corporation from 30 disconnecting service when it is necessary to protect the health and 31 safety of customers and the public. 32 § 4. Section 89-l of the public service law is amended by adding four 33 new subdivisions 3, 4, 5 and 6 to read as follows: 34 3. No municipality shall terminate or discontinue residential service 35 for the nonpayment of bills, taxes, or fees for the duration of the 36 state disaster emergency declared pursuant to executive order two 37 hundred two of two thousand twenty (hereinafter the "COVID-19 state of 38 emergency"). Every municipality shall have a duty to restore service to 39 any residential customer within forty-eight hours of the effective date 40 of this subdivision if such service has been terminated during the 41 pendency of the COVID-19 state of emergency. 42 4. For a period of one hundred eighty days after the COVID-19 state of 43 emergency is lifted or expires, no municipality shall terminate or 44 discontinue the service of a residential customer because of bill 45 arrears, taxes, or fees owed to the municipality when such customer has 46 experienced a change in financial circumstances due to the COVID-19 47 state of emergency, as defined by the department. The municipality shall 48 provide a residential service customer that has experienced a change in 49 financial circumstances due to the COVID-19 state of emergency with the 50 right to enter into, or restructure, a deferred payment agreement with- 51 out the requirement of a down payment, late fees, or penalties, as such 52 is provided for in article two of this chapter. 53 5. Every municipality shall provide notice to residential customers in 54 a writing to be included with a bill statement or, when appropriate, via 55 electronic transmission the provisions of this section and shall further 56 make reasonable efforts to contact customers who have demonstrated aA. 10521 4 1 change in financial circumstances due to the COVID-19 state of emergency 2 for the purpose of offering such customers a deferred payment agreement 3 consistent with the provisions of this article. 4 6. Implementation of the provisions of this section shall not prohibit 5 a municipality from recovering lost or deferred revenues after the lift- 6 ing or expiry of the COVID-19 state of emergency, provided that such 7 means are not inconsistent with the provisions of this article. Nothing 8 in this section shall prohibit a municipality from disconnecting service 9 when it is necessary to protect the health and safety of customers and 10 the public. 11 § 5. This act shall take effect immediately.