What's happening
This bill requires utility companies to reimburse residents and businesses for food and medication spoiled during power outages lasting 72 hours or more.
Why it matters
Creates a clear and enforceable process for utility customers to seek compensation for losses. , including specific documentation requirements (itemized lists or receipts for food; proof for medication), potentially making it easier for affected residents and businesses to get reimbursed after extended outages.
Establishes monetary limits for reimbursement. Residents can get up to $225 for food with an itemized list or the full amount with receipts; businesses can get up to $500 with a list or up to $10,200 with receipts—potentially incentivizing better recordkeeping and preparation for outages.
Provides a strong incentive for timely reimbursement. by imposing fines of at least $1,000 on utilities that fail to pay within 14 days of claim submission, which could improve responsiveness and accountability from utility companies.
Specifically addresses losses of refrigerated medication. , recognizing the unique and sometimes life-threatening risks faced by people who depend on temperature-sensitive drugs during power outages, and standardizes what proof is required for these claims.
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Who cares
Residential utility customers
After an unresolved power outage lasting at least 72 consecutive hours, they would qualify for spoiled-food reimbursement capped at $225 with an itemized list or the full amount with an itemized receipt.
Customers with refrigerated medications
They would qualify for full reimbursement for spoiled medication, with an itemized list and supporting proof due within 14 days of the outage.
Local business owners
They would qualify for spoiled-food reimbursement capped at $500 with an itemized list or $10,200 with an itemized receipt.
Utility companies
They would have to reimburse qualifying claims within 14 days of receiving the required documentation or face a commission-issued fine of at least $1,000.
Headline styles
Refunds for Extended Blackouts
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to energy and telecommunications
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8523
IN SENATE
May 9, 2018
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
AN ACT to amend the public service law, in relation to requiring utility companies to reimburse consumers in the event of a prolonged power outage
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public service law is amended by adding a new section 77-a to read as follows:
§ 77-a. Utility reimbursement requirements. 1. In the event that a residential home experiences a power outage lasting seventy-two consecutive hours or more without having been resolved by the utility company, the utility company shall be responsible for the following:
(a) Full reimbursement of any food spoiled due to lack of refrigeration. Customers shall provide the utility company an itemized list of all food spoiled or proof of purchase within fourteen days of the outage. The utility company shall reimburse the customer within fourteen days of the receipt of the itemized list or proof of purchase. The amount of the reimbursement shall not exceed a total of two hundred twenty-five dollars for customers who provide an itemized list. The amount of the reimbursement for customers who provide an itemized receipt may receive the full amount to cover food spoiled.
(b) Full reimbursement of any medication spoiled due to lack of refrigeration. Customers shall provide the utility company an itemized list and proof of medication lost due to lack of refrigeration within fourteen days of the outage. Proof may include pharmacy prescription label, pharmacy receipt or a letter from the prescribing physician. The utility company shall reimburse the customer within fourteen days of the receipt of the itemized list and proof of medication lost.
(c) Full reimbursement to local business owners for any food spoiled due to lack of refrigeration. Business owners will provide the utility company with an itemized list for all food spoiled or proof of purchase within fourteen days of the outage. The utility company shall reimburse
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15443-03-8
S. 8523 2
the business owner within fourteen days of the receipt of the itemized list or proof of purchase. The amount of the reimbursement shall total no more than five hundred dollars for business owners who provide an itemized list. The amount of the reimbursement for business owners who provide an itemized receipt may receive no more than ten thousand two hundred dollars.
2. Utility companies that fail to provide a reimbursement to a qualifying consumer within the fourteen-day window shall be subject to a fine to be issued by the commission of no less than one thousand dollars.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to requiring utility companies to reimburse consumers in the event of a prolonged power outage
Purpose
This bill would make utility companies responsible for the reimbursement of any spoiled food or spoiled medication after a residential home expe- riences a power outage lasting seventy-two consecutive hours or more. Additionally, the bill would make utility companies responsible for the reimbursement of spoiled food to local business owners.
Summary of provisions
Section one of this bill amends the public service law by adding a new section 77-a to establish utility reimbursement requirements.
Section two provides the effective date.
Justification
The past winter storms had left thousands of New Yorkers without power and proper refrigeration for days. This loss of power and proper refrig- eration over prolonged periods of time caused significant loss in food and medicine for those individuals, families, and local business owners hit hardest by the power outages. This legislation would provide relief through reimbursement by the utility company.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.