What's happening
This bill extends and clarifies the moratorium on utility disconnections during the COVID-19 emergency, including new rules and an expiration date of March 31, 2021.
Why it matters
Extends protections for residential telephone customers. by ensuring that no disconnections can occur due to non-payment during the COVID-19 emergency, and for 180 days after the emergency ends, if the customer’s financial hardship is related to the pandemic—this gives vulnerable households more time to recover.
Mandates rapid restoration of service. for customers whose telephone service was disconnected due to overdue charges during the state of emergency, requiring companies to reconnect within 48 hours—addressing a critical need for communication access during emergencies.
Requires fairer payment plan options. by allowing customers affected financially by COVID-19 to enter or restructure deferred payment agreements without down payments, late fees, or penalties—helping avoid further financial strain and making it easier to maintain essential services.
Clarifies limits and exceptions. by allowing disconnections at a customer’s request or for health and safety reasons, and by specifying that utility companies retain the right to recover lost revenue after the emergency—balancing consumer protections with company viability.
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Who cares
Headline styles
Pause Utility Shutoffs in Emergencies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8423
IN SENATE
May 26, 2020
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the public service law, in relation to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies; and to amend a chapter of the laws of
2020 amending the public service law, in relation to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies, as proposed in legislative bills numbers
S.8113-A and A.10521, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 9, 10 and 12 of section 91 of the public service law, as added by a chapter of the laws of 2020 amending the public service law, relating to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies, as proposed in legislative bills numbers S.8113-A and A.10521, are amended to read as follows:
9. No telephone corporation shall terminate or disconnect a residential service customer for the non-payment of an overdue charge for the duration of the state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty (hereinafter "the COVID-19 state of emergency"). Telephone corporations shall have a duty to restore service, to the extent not already required under this chapter, to any residential customer within forty-eight hours if such service has been terminated during the pendency of the COVID-19 state of emergency and disconnection of such service was due to non-payment of an overdue charge.
10. [After] For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no telephone corporation shall terminate or disconnect the service of a residential customer account because of defaulted deferred payment agreements or arrears owed to the telephone corporation when such customer has experienced a change in financial circumstances due to the COVID-19 state of emergency, as defined by the department. The telephone corporation shall provide such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15908-09-0
S. 8423 2
residential customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in article two of this chapter.
12. Implementation of the provisions of this section shall not prohibit a telephone corporation from recovering lost or deferred revenues after the lifting or expiration of the COVID-19 state of emergency, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Nothing in this section shall prohibit a telephone corporation from disconnecting service at the request of a customer. Nothing in this section shall prohibit a telephone corporation from disconnecting service when it is necessary to protect the health and safety of customers and the public.
§ 2. Section 5 of a chapter of the laws of 2020 amending the public service law, relating to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies, as proposed in legislative bills numbers S.8113-A and A.10521, is amended to read as follows:
§ 5. This act shall take effect immediately and shall expire March 31, 2021 when upon such date the provisions of this act shall be deemed repealed.
§ 3. This act shall take effect on the same date and in the same manner as a chapter of the laws of 2020 amending the public service law, in relation to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies, as proposed in legislative bills numbers S.8113-A and A.10521, takes effect; provided however, that the amendments to subdivisions 9, 10 and 12 of section 91 of the public health law made by section one of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith.
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