Relates to establishing minimum standards for payment plans for eligible customers

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          4105

                               2025-2026 Regular Sessions

                                  I N  A S S E M B L Y

                                    January 31, 2025
                                       ___________

        Introduced  by  M.  of  A.  CUNNINGHAM,  SANTABARBARA  --  read once and
          referred to the Committee on Energy

        AN ACT to amend the public service  law,  in  relation  to  establishing
          minimum standards for payment plans for eligible customers

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

     1    Section 1. The public service law is amended by adding a  new  section
     2  37-a to read as follows:
     3    §  37-A.  MINIMUM  STANDARDS  FOR  PAYMENT PLANS. 1. THE COMMISSION IS
     4  AUTHORIZED AND DIRECTED TO SET STANDARDS FOR PAYMENT PLANS FOR  ELIGIBLE
     5  CUSTOMERS SET UP BY UTILITY COMPANIES. SUCH STANDARDS SHALL INCLUDE:
     6    (A)  WHETHER  A PAYMENT AGREEMENT, INCLUDING ANY DOWN PAYMENT REQUIRE-
     7  MENTS, IS REASONABLE. REASONABLENESS SHALL BE DETERMINED BY  CONSIDERING
     8  THE  CURRENT HOUSEHOLD INCOME, ABILITY TO PAY, PAYMENT HISTORY INCLUDING
     9  PRIOR DEFAULTS ON SIMILAR AGREEMENTS, THE SIZE OF THE BILL,  THE  AMOUNT
    10  OF  TIME  AND  THE  REASONS  WHY  THE BILL HAS BEEN OUTSTANDING, AND ANY
    11  SPECIAL CIRCUMSTANCES CREATING EXTREME HARDSHIPS WITHIN  THE  HOUSEHOLD.
    12  THE  UTILITY  COMPANY MAY REQUIRE THE PERSON TO CONFIRM FINANCIAL DIFFI-
    13  CULTY WITH AN ACKNOWLEDGMENT FROM ANOTHER STATE OR LOCAL AGENCY;
    14    (B) REQUIRING EACH UTILITY COMPANY TO PERMIT EACH CUSTOMER A PERIOD OF
    15  NOT LESS THAN TWENTY-ONE DAYS FROM THE DATE THE BILL WAS SENT TO PAY  IN
    16  FULL, UNLESS THE CUSTOMER AND THE UTILITY AGREE ON A DIFFERENT DUE DATE.
    17  A  UTILITY  COMPANY  SHALL  NOT WITHDRAW FUNDS FROM A CUSTOMER'S ACCOUNT
    18  BEFORE THE DUE DATE IN CASES WHERE A CUSTOMER  USES  AN  AUTOMATIC  BILL
    19  PAYMENT PLAN UNLESS THE CUSTOMER AGREES TO A DIFFERENT PERIOD;
    20    (C)  IN  THE  EVENT  A  RATE CHANGE APPROVED BY THE COMMISSION BECOMES
    21  EFFECTIVE OR IN THE EVENT THE SUPPLY PORTION OF A CUSTOMER'S  BILL  WILL
    22  BE  TEN  PERCENT  OR  HIGHER THAN THE SUPPLY COST FROM THE PRIOR BILLING
    23  CYCLE, WHILE A RESIDENTIAL CUSTOMER IS ENROLLED  IN  AND  IN  COMPLIANCE
    24  WITH  A  PAYMENT  PLAN,  THE EFFECT OF THE RATE CHANGE SHALL BE INCLUDED
    25  RATABLY OVER THE REMAINDER OF THE PAYMENT PLAN PERIOD. INCLUDED WITH THE

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03272-01-5
        A. 4105                             2

     1  FIRST ADJUSTED BILL, THE UTILITY COMPANY SHALL  PROVIDE  NOTICE  TO  THE
     2  CUSTOMER  EXPLAINING THE REASON FOR THE CHANGE AND SHOWING A CALCULATION
     3  OF HOW THE UTILITY COMPANY ARRIVED AT THE NEW MONTHLY PAYMENT; AND
     4    (D) WHILE ENROLLED IN A RESIDENTIAL PAYMENT PLAN A RESIDENTIAL CUSTOM-
     5  ER'S  UTILITY  SERVICE  MAY  NOT  BE  TERMINATED  UNLESS THE RESIDENTIAL
     6  CUSTOMER VIOLATES A RULE OF THE UTILITY COMPANY ON FILE WITH THE COMMIS-
     7  SION, DISCONNECTION IS NECESSARY FOR REASONS OF HEALTH, SAFETY, OR STATE
     8  OR NATIONAL EMERGENCIES, OR TERMINATION IS ORDERED  BY  THE  COMMISSION.
     9  PAYMENT  PLANS  SHALL  BE  OFFERED  TO  ALLOW A CUSTOMER TO PAY PAST-DUE
    10  AMOUNTS OVER A PERIOD OF TIME, UNLESS THE AMOUNTS OWING RELATE TO  THEFT
    11  OF  SERVICE,  TAMPERING,  AN  UNAUTHORIZED USE OF SERVICE, OR FAILURE TO
    12  ABIDE BY THE TERMS OF A TIME-PAYMENT PLAN. THE CUSTOMER SHALL  MAKE  THE
    13  INITIAL  PAYMENT WITHIN ONE BUSINESS DAY OF AGREEING TO THE TIME-PAYMENT
    14  PLAN.
    15    2. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
    16  PAYMENT PLAN UNDER THIS SECTION IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES
    17  DOCUMENTATION OF ELIGIBILITY TO THE  UTILITY  COMPANY  FOR  ANY  OF  THE
    18  FOLLOWING  PROGRAMS,  PROVIDED SUCH DOCUMENTATION IS DATED NO LATER THAN
    19  THREE HUNDRED SIXTY-FIVE DAYS PRECEDING THE DATE OF THE PAYMENT PLAN:
    20    (A) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (FAMILY ASSISTANCE);
    21    (B) SAFETY NET ASSISTANCE (PUBLIC ASSISTANCE);
    22    (C) SUPPLEMENTAL SECURITY INCOME (SSI);
    23    (D) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP);
    24    (E) VETERANS DISABILITY PENSION AND SURVIVORS BENEFITS;
    25    (F) CHILD HEALTH PLUS;
    26    (G) LIFELINE;
    27    (H) HOME ENERGY ASSISTANCE PROGRAM (HEAP);
    28    (I) DIRECT VENDOR OR UTILITY GUARANTEE;
    29    (J) SOCIAL SECURITY DISABILITY INSURANCE (SSDI);
    30    (K) EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP);
    31    (L) MEDICAID;
    32    (M) FEDERAL PUBLIC HOUSING ASSISTANCE;
    33    (N) BUREAU OF INDIAN AFFAIRS GENERAL ASSISTANCE;
    34    (O) HEAD START;
    35    (P) TRIBAL TANF;
    36    (Q) FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATION (FDPIR); AND
    37    (R) ANY  OTHER  INCOME-BASED  ASSISTANCE  PROGRAM  IDENTIFIED  BY  THE
    38  COMMISSION AND/OR THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
    39    §  2.  This  act shall take effect on the thirtieth day after it shall
    40  have become a law.