S 9321

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   9321
                             I N  S E N A T E
                             February 27, 2026
                                ___________
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 AN  ACT  to  amend  the  public  service law, in relation to protections
   against termination of residential utility service in cases of medical
   emergencies, life-support equipment and  elderly,  blind  or  disabled
   customers
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Subdivision 3 of section 32 of the public service  law,  as
 added  by  chapter  713 of the laws of 1981, paragraph (a) as amended by
 chapter 382 of the laws of 2006, is amended to read as follows:
   3. The commission shall safeguard from termination, or require  resto-
 ration  of  service  to, those residents who will suffer serious impair-
 ments to health or safety as a result of such termination or failure  to
 restore services[. The regulations shall include, but not be limited to:
   (a) Medical emergencies. The commission shall require the continuation
 or  restoration  of  utility  service  to a customer's residence where a
 medical emergency exists.  The  commission  shall  provide  for  written
 certification  by a medical doctor, nurse practitioner or local board of
 health that termination of service or failure to  restore  service  will
 aggravate  an  existing  medical  emergency  at  a customer's residence,
 provided that the commission may authorize an initial  certification  by
 telephone  if  written  certification  is  provided within five business
 days. The commission shall provide for the duration, form,  content  and
 renewal  of written certificates. With respect to the renewal of written
 certificates, the commission may require the customer to demonstrate  an
 inability to pay charges for service. The commission shall, in consulta-
 tion  with  the departments of health and social services and the office
 for the aging, establish criteria to be used by a medical doctor,  nurse
 practitioner  or  local board of health in making a determination that a
 medical emergency exists or that the absence of service  will  aggravate
 an existing medical emergency.
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14906-01-6
 S. 9321                             2
   (b)  Customers  who  are  elderly,  blind, or disabled. The commission
 shall provide special procedures to be followed by a utility or  munici-
 pality  with  respect  to the termination or restoration of service to a
 residence where the customer is known to or identified to the utility to
 be  blind,  disabled,  or sixty-two years of age or older; provided that
 all the remaining residents of the household are sixty-two years of  age
 or  older,  eighteen  years  of  age or under, or blind or disabled. The
 commission shall afford reasonable  protections  to  elderly,  blind  or
 disabled customers, including a requirement that the utility corporation
 or  municipality  make  a  diligent effort to contact by telephone or in
 person an adult resident at the customer's premises at least seventy-two
 hours prior to termination of service. The commission shall also  estab-
 lish  reasonable  procedures  for identifying customers eligible for the
 protections of this section] BY ESTABLISHING UNIFORM DEFINITIONS, STAND-
 ARDIZED PROCEDURES, AND UNIFORM APPLICATIONS OR FORMS, FOR DETERMINING A
 MEDICAL EMERGENCY, LIFE-SUPPORT EQUIPMENT, AND  ELDERLY, BLIND AND DISA-
 BLED DESIGNATION, THROUGH CUSTOMER ACCOUNT CODING TO BE USED BY  UTILITY
 CORPORATIONS.
   (A) THE COMMISSION SHALL USE THE FOLLOWING CODING DEFINITIONS TO SAFE-
 GUARD  UTILITY CUSTOMERS FROM SERVICE TERMINATIONS AND TO REQUIRE RESTO-
 RATION OF SERVICE:
   (I) "MEDICAL EMERGENCY" SHALL MEAN DOCUMENTATION FROM A STATE LICENSED
 MEDICAL PROFESSIONAL STATING THAT LOSS OF ELECTRIC SERVICE WOULD  AGGRA-
 VATE AN EXISTING MEDICAL CONDITION;
   (II)  "LIFE-SUPPORT EQUIPMENT" SHALL MEAN ANY DEVICE OR MEDICAL EQUIP-
 MENT NECESSARY TO SUSTAIN  LIFE  OR  PREVENT  SERIOUS  DETERIORATION  OF
 HEALTH; AND
   (III) "ELDERLY, BLIND OR DISABLED" SHALL MEAN A HOUSEHOLD IN WHICH ONE
 OR MORE MEMBERS IS OVER THE AGE OF SIXTY-TWO OR IS BLIND OR DISABLED.
   (B)  THE  COMMISSION  SHALL DEVELOP AND MANDATE THE USE OF SIMPLIFIED,
 STANDARDIZED APPLICATIONS OR FORMS TO CODE FOR MEDICAL EMERGENCY,  LIFE-
 SUPPORT EQUIPMENT, AND THE DESIGNATION OF ELDERLY, BLIND OR DISABLED, BY
 UTILITY CORPORATIONS.
   (C) UTILITY CORPORATIONS SHALL ACCEPT APPLICATIONS OR FORMS FOR CODING
 ACCOUNTS AS MEDICAL EMERGENCY, LIFE-SUPPORT EQUIPMENT, OR ELDERLY, BLIND
 OR  DISABLED,  SUBMITTED  BY A LICENSED MEDICAL PROVIDER OR SUBMITTED BY
 THE CUSTOMER DIRECTLY, WITHOUT REQUIRING DISCLOSURE OF  DETAILED  HEALTH
 INFORMATION  BEYOND  CONFIRMATION  OF  MEDICAL NECESSITY. UTILITY CORPO-
 RATIONS SHALL NOT REQUIRE FINANCIAL DOCUMENTATION FOR THE INITIAL  THIR-
 TY-DAY MEDICAL EMERGENCY. SUBSEQUENT FINANCIAL VERIFICATION SHALL COMPLY
 WITH THE HOME ENERGY FAIR PRACTICES ACT AND MINIMIZE BURDENSOME REQUIRE-
 MENTS.
   (D)  UTILITY  CORPORATIONS  SHALL  ACCEPT  APPLICATIONS  OR  FORMS FOR
 MEDICAL EMERGENCY, LIFE-SUPPORT EQUIPMENT, AND ELDERLY, BLIND  OR  DISA-
 BLED  DESIGNATION  VIA  EMAIL,  REGULAR MAIL, IN-PERSON DELIVERY, ONLINE
 ACCOUNTS, A DEDICATED ONLINE PORTAL FOR SUCH PURPOSE AND FACSIMILE.
   (E) UTILITY CORPORATIONS SHALL REVIEW AND ACT UPON SUBMITTED  APPLICA-
 TIONS  OR  FORMS  UNDER  THIS  SUBDIVISION, WITHIN FIVE BUSINESS DAYS OF
 RECEIPT. FAILURE TO ACT WITHIN SUCH TIMEFRAME SHALL RESULT IN  AUTOMATIC
 APPROVAL OF THE REQUESTED CODING.
   (F) UTILITY CORPORATIONS SHALL NOT REQUEST DETAILED MEDICAL RECORDS OR
 INFORMATION  BEYOND WHAT IS DEFINED IN THIS SECTION OR DENY LIFE-SUPPORT
 EQUIPMENT CODING BASED ON INTERNAL INTERPRETATION OF MEDICAL NECESSITY.
   (G)(I) EVERY UTILITY CORPORATION SHALL, ON AN ANNUAL BASIS, PROVIDE TO
 THE COMMISSION:
 S. 9321                             3
   (1) THE TOTAL NUMBER OF CUSTOMERS WHO APPLIED FOR  MEDICAL  EMERGENCY,
 LIFE-SUPPORT EQUIPMENT AND ELDERLY, BLIND OR DISABLED DESIGNATION;
   (2)  THE  TOTAL  NUMBER  OF  CUSTOMERS WERE APPROVED FOR EACH CUSTOMER
 ACCOUNT CODE;
   (3) THE TOTAL NUMBER OF CUSTOMERS WERE DENIED FOR EACH CODE; AND
   (4) ANY OTHER RELEVANT INFORMATION AS DETERMINED BY THE COMMISSION.
   (II) BY JULY FIRST, TWO THOUSAND TWENTY-SEVEN AND ANNUALLY THEREAFTER,
 THE COMMISSION SHALL ISSUE A REPORT TO THE GOVERNOR AND THE  LEGISLATURE
 CONTAINING  SUCH  INFORMATION,  AND  MAKE  SUCH  REPORT AVAILABLE TO THE
 PUBLIC ON ITS WEBSITE.
   [(c) Special procedures for cold weather periods.] (H) (i) The commis-
 sion shall establish procedures to be followed by a utility  or  munici-
 pality  supplying  heat  related  service  in cold weather periods. Such
 procedures shall be designed to identify and  assist,  prior  to  termi-
 nation  of service, those residents who may suffer serious impairment to
 health or safety as a result of any  such  termination.  The  commission
 shall  establish  the  applicable cold weather periods; specify criteria
 for identifying residents who are likely to suffer serious  impairments,
 and  require that such service not be terminated unless a representative
 of the utility or municipality makes a diligent  effort  to  contact  by
 telephone  or  in person an adult resident of the customer's premises at
 least seventy-two hours prior to termination, makes a personal visit  at
 the  time  of  termination  and  provides  the customer with information
 regarding the protections available under this article.  The  commission
 shall  provide for the manner in which such contacts and personal visits
 are made. (ii) The commission shall also require a  utility  or  munici-
 pality  supplying service to continue service to customers where a seri-
 ous impairment to health or safety is likely to result from  termination
 of  service and the person supplied is unable because of mental or phys-
 ical problems to manage [his or her] THEIR own resources or  to  protect
 [himself or herself] THEMSELF from neglect or hazardous situations with-
 out  the  assistance  of  others.  Doubts  shall be resolved in favor of
 continued service. Continuations of service shall be  for  a  period  of
 time  to  be established by the commission. The commission shall consult
 with the department of social services and  the  state  office  for  the
 aging in implementing the provisions of this paragraph.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.