Relates to requiring the establishment of automatic payment plans

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

                                          1330

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                     January 9, 2025
                                       ___________

        Introduced  by Sens. PARKER, FERNANDEZ, GOUNARDES, JACKSON, WEBB -- 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 the
          establishment of automatic payment plans

          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. UTILITY AUTOMATIC PAYMENT PLANS. 1.  WITHIN ONE HUNDRED EIGHTY
     4  DAYS OF THE EFFECTIVE DATE OF THIS SECTION,  NOTWITHSTANDING  ANY  OTHER
     5  PROVISION  OF  LAW, THE COMMISSION IS AUTHORIZED AND DIRECTED TO REQUIRE
     6  UTILITY COMPANIES  TO  PROVIDE  ELIGIBLE  PARTICIPANTS  WITH  AFFORDABLE
     7  PAYMENT PLANS. UTILITY COMPANIES SHALL AUTOMATICALLY PROVIDE APPROPRIATE
     8  PAYMENT  PLANS TO QUALIFYING LOW INCOME INDIVIDUALS WHO PROVIDE DOCUMEN-
     9  TATION OF THEIR ELIGIBILITY STATUS. ENROLLMENT SHALL BE AVAILABLE AT ANY
    10  TIME DURING THE YEAR. FOR THE PURPOSES OF THIS SECTION, "UTILITY  COMPA-
    11  NY"  SHALL  MEAN A UTILITY COMPANY THAT PROVIDES ELECTRIC, GAS, OR STEAM
    12  SERVICE.
    13    2. (A) A UTILITY COMPANY WHICH OFFERS  SUCH  A  PAYMENT  PLAN  PROGRAM
    14  SHALL  CONSPICUOUSLY  ADVERTISE  THE  AVAILABILITY  OF  SUCH PLAN ON THE
    15  WEBSITE OF SUCH UTILITY COMPANY.
    16    (B) THE COMMISSION SHALL ALSO CREATE A MECHANISM BY WHICH AN  INDIVID-
    17  UAL'S DOCUMENTATION IS SUBMITTED AND REASONABLY AND PROMPTLY REVIEWED BY
    18  A UTILITY COMPANY FOR QUALIFICATION AS PROPER DOCUMENTATION OF THE INDI-
    19  VIDUAL'S ELIGIBILITY STATUS. SUCH MECHANISM SHALL ALSO PROVIDE FOR ELEC-
    20  TRONIC SUBMISSION OF DOCUMENTATION.
    21    3. AN INDIVIDUAL OR HOUSEHOLD SHALL BE DETERMINED TO BE ELIGIBLE FOR A
    22  PAYMENT  PLAN  IF SUCH INDIVIDUAL OR HOUSEHOLD PROVIDES DOCUMENTATION OF
    23  ELIGIBILITY FOR ANY OF THE FOLLOWING PROGRAMS:
    24    (A) TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (FAMILY ASSISTANCE);

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00014-01-5
        S. 1330                             2

     1    (B) SAFETY NET ASSISTANCE (PUBLIC ASSISTANCE);
     2    (C) SUPPLEMENTAL SECURITY INCOME (SSI);
     3    (D) SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP);
     4    (E) VETERANS DISABILITY PENSION AND SURVIVORS BENEFITS;
     5    (F) CHILD HEALTH PLUS;
     6    (G) LIFELINE;
     7    (H) HOME ENERGY ASSISTANCE PROGRAM (HEAP);
     8    (I) DIRECT VENDOR OR UTILITY GUARANTEE;
     9    (J) SOCIAL SECURITY DISABILITY INSURANCE (SSDI);
    10    (K) EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP);
    11    (L) MEDICAID;
    12    (M) FEDERAL PUBLIC HOUSING ASSISTANCE;
    13    (N) BUREAU OF INDIAN AFFAIRS GENERAL ASSISTANCE;
    14    (O) HEAD START;
    15    (P) TRIBAL TANF;
    16    (Q) FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATION (FDPIR); AND
    17    (R)  ANY  OTHER  INCOME-BASED  ASSISTANCE  PROGRAM  IDENTIFIED  BY THE
    18  COMMISSION AND/OR THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE.
    19    4. (A) WHEN DEVISING PAYMENT PLANS, THE UTILITY COMPANY SHALL CONSIDER
    20  THE CIRCUMSTANCES AND FINANCIAL CONDITION OF THE CUSTOMER INCLUDING:
    21    (I) THE AMOUNT DUE, IF ANY, ON THE ACCOUNT;
    22    (II) THE CUSTOMER'S ABILITY TO PAY;
    23    (III) THE CUSTOMER'S PAYMENT HISTORY;
    24    (IV) THE ANTICIPATED ENERGY ASSISTANCE BENEFITS FOR WHICH THE CUSTOMER
    25  MAY BE ELIGIBLE;
    26    (V) THE CIRCUMSTANCES WHICH RESULTED IN THE PAST DUE BILLS;
    27    (VI) HARDSHIPS WHICH MAY RESULT FROM THE LACK OF  UTILITY  SERVICE  TO
    28  THE CUSTOMER; AND
    29    (VII)  ANY  OTHER RELEVANT FACTORS RELATED TO THE CIRCUMSTANCES OF THE
    30  CUSTOMER.
    31    (B) A UTILITY COMPANY SHALL PERMIT EACH CUSTOMER A PERIOD OF NOT  LESS
    32  THAN  TWENTY-ONE  DAYS  FROM  THE DATE THE BILL WAS SENT TO PAY IN FULL,
    33  UNLESS THE CUSTOMER AND THE UTILITY COMPANY AGREE  ON  A  DIFFERENT  DUE
    34  DATE.  A  UTILITY  COMPANY  SHALL  NOT  WITHDRAW FUNDS FROM A CUSTOMER'S
    35  ACCOUNT BEFORE THE DUE DATE IN CASES WHERE A CUSTOMER USES AN  AUTOMATIC
    36  BILL PAYMENT PLAN UNLESS THE CUSTOMER AGREES TO A DIFFERENT PERIOD.
    37    §  2.  This  act shall take effect on the thirtieth day after it shall
    38  have become a law.