New York A 10423: Relates to judicial interpretation of commercial leases regarding whether COVID-19 was an event that could have been foreseen or guarded against

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A10423 Summary:

BILL NOA10423 

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SAME ASSAME AS S08907

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SPONSORBraunstein

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COSPNSR

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MLTSPNSR

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Add §25-b, amd §§2 & 89-c, Pub Serv L; amd Art 5 Title 1-A §1020-aaa, Pub Auth L

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Enacts the "utility penalty and customer bill relief act"; requires every gas corporation, electric corporation, combination gas and electric corporation, water-works corporation and the Long Island power authority which fails to achieve annual customer service performance targets in a particular year, which are subject to financial penalties or negative revenue adjustments to return such penalties or adjustments to rate payers as a direct bill credit.

Go to top A10423 Actions:

BILL NOA10423 

&nbsp

03/05/2026referred to corporations, authorities and commissions

Go to topA10423 Committee&nbspVotes:

Go to topA10423 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10423 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10423

 IN ASSEMBLY

 March 5, 2026
 ___________

 Introduced by M. of A. BRAUNSTEIN -- read once and referred to the
 Committee on Corporations, Authorities and Commissions

 AN ACT to amend the public service law and the public authorities law,
 in relation to certain corporations and the Long Island power authori-
 ty's failure to achieve annual customer service performance targets

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "utility penalty and customer bill relief act".
 3 § 2. The public service law is amended by adding a new section 25-b to
 4 read as follows:
 5 § 25-b. Failure to achieve annual customer service performance
 6 targets. 1. Any gas corporation, electric corporation and combination
 7 gas and electric corporations that fail to achieve their annual customer
 8 service performance targets in any particular year, which are subject to
 9 financial penalties or negative revenue adjustments as established in
 10 such corporation's rate plan, shall be returned to rate payers by means
 11 of direct bill credit as soon as practically feasible. Every gas corpo-
 12 ration, electric corporation or combination gas and electric corporation
 13 shall provide any relevant information pertaining to such direct bill
 14 credit to the commission.
 15 2. The commission shall submit annually to the governor, the state
 16 comptroller, the temporary president of the senate, and the speaker of
 17 the assembly, a detailed report indicating how long it takes from the
 18 assessment of the penalties or negative revenue adjustments for the gas
 19 corporation, electric corporation or combination gas and electric corpo-
 20 ration to return such funds to rate payers, as well as how much the rate
 21 payer relief is based on service class.
 22 § 3. Subdivision 14 of section 2 of the public service law, as added
 23 by section 1 of part X of chapter 57 of the laws of 2013, is amended to
 24 read as follows:
 25 14. The term "combination gas and electric corporation," when used in
 26 sections twenty-five-a, twenty-five-b, sixty-five and sixty-six of this
 27 chapter, includes any gas corporation operating in New York under common

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14009-02-6

 A. 10423 2

 1 ownership with an electric corporation operating in New York or any
 2 electric corporation operating in New York under common ownership with a
 3 gas corporation operating in New York, or any successor of either such
 4 corporation; provided, however, that such term shall not include munici-
 5 pally-owned utilities, and shall not include any generating facilities
 6 owned or operated by either such corporation or any common owner there-
 7 of, or any subsidiary of such common owner.
 8 § 4. Title 1-A of article 5 of the public authorities law as added by
 9 chapter 517 of the laws of 1986, is amended by adding a new section
 10 1020-aaa to read as follows:
 11 § 1020-aaa. Failure to achieve annual customer service performance
 12 targets. 1. If the authority fails to achieve annual customer service
 13 performance targets in any p