S T A T E   O F   N E W   Y O R K
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                                 2903--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M. of A. SIMOTAS, CAHILL, HEVESI, WEPRIN, COLTON, ROSEN-
  THAL, PERRY, JAFFEE, HOOPER, MOYA -- Multi-Sponsored by --  M.  of  A.
  GLICK,  LUPARDO,  MARKEY -- read once and referred to the Committee on
  Energy -- recommitted to the Committee on Energy  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to direct the public service commission to undertake a study of
  consumer protections adopted by electric corporations and utilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The New York State public service commission shall under-
take an immediate study of  consumer  protections  adopted  by  electric
corporations  and  municipalities ("utilities") pursuant to article 2 of
the public service law and provide a report to the governor, the  tempo-
rary  president of the senate, the speaker of the assembly, the chair of
the senate committee on energy and telecommunications and the  chair  of
the  assembly committee on energy. Such report shall include an analysis
of the effectiveness of current utility procedures for notifying custom-
ers in arrears on utility charges of how they may avoid  termination  of
electric,  gas  or steam service, including the availability of deferred
payment agreements. In addition, such report shall review  the  adequacy
of the commission's assistance to customers negotiating deferred payment
agreements  with utilities in lieu of disconnection of service including
the number of deferred payment plans by utility service  territory;  the
number of incidences, if any, in which utilities have required more than
the  lawfully  allowed  level of down payments or deferred payments from
customers seeking to connect service or avoid disconnection; the  effec-
tiveness and availability of the commission's shutoff hotline in receiv-
ing  calls  from customers facing termination of electric, gas and steam
service; the call volume to such hotline in each utility service  terri-
tory;  the  monthly  number  of  electric  and natural gas customers who

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01298-05-6
              

A. 2903--A                          2

previously received utility bill assistance from the Home Energy Assist-
ance Program whose service was terminated for bill  collection  purposes
in  each  utility  service  area in the previous calendar year, provided
further  that  the  commission  shall  require each utility provide such
information while maintaining customer confidentiality; and any proposed
legislative remedies necessary to increase customer  awareness  of  such
hotline. The report shall be made available to the public on the commis-
sion's website.
  S  2. The New York State public service commission shall seek comments
from utilities, municipalities, consumer advocates and  the  public  and
may  include  in the report recommendations to improve existing consumer
protection policies.
  S 3. If the study pursuant to section one of this act is not  received
by  November  15,  2017,  the  commission  shall  institute a moratorium
preventing utility corporations from terminating electric, gas or  steam
service  to any residential customer in arrears with whom it has entered
into an agreement for the provision of  such  services.  The  moratorium
shall last for the period beginning December 1, 2017 and ending on March
31,  2018.  Nothing  in this act shall be construed to prevent a utility
corporation from charging customers for electric, gas or  steam  service
or  from  offering a deferred payment agreement for the period beginning
December 1, 2017 and ending on March 31, 2018.
  S 4. This act shall take effect immediately.