New York 2025-2026 Regular Session

New York Assembly Bill A05328

Introduced
2/13/25  
Refer
2/13/25  

Caption

Prohibits electric, gas, telephone, cellular telephone, television, internet, energy, water services or any other utility providers from imposing additional fees related to administrative surcharges, fees for non-use or any other charges to customers living at their primary residence who are over sixty-five years of age or who have a developmental disability.

Summary

This bill would prohibit a broad range of utility and communications providers from charging certain extra fees to customers at their primary residence if the customer is over 65 or has a developmental disability. The covered charges include administrative surcharges, non-use fees, and other similar add-on charges. The bill applies to electric, gas, telephone, telegraph, water, cable television, cellular telephone, television, internet, energy, and other utility services. The bill also amends New York’s existing law on early termination fees to bar providers of telephone, cellular telephone, television, internet, energy, or water services from charging a termination or early cancellation fee when the customer has died before the end of the contract, and expands that protection to customers over 65 or customers with a developmental disability when the service is for a primary residence. The measure takes effect immediately if enacted.

Impact

The bill would amend multiple sections of the Public Service Law and one section of the General Business Law to create new consumer protections for older adults and people with developmental disabilities. It would limit the ability of utility and service providers to impose certain ancillary charges on qualifying residential customers and would expand the existing prohibition on early termination fees in specified circumstances. Affected parties would include electric, gas, water, telephone, cable, internet, cellular, television, energy, and related service providers, particularly those billing residential customers at a primary residence.

Sentiment

No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available record. Based on the bill’s text and caption, the measure appears to be framed as a consumer-protection and affordability bill aimed at shielding vulnerable customers from extra charges. The overall sentiment inferred from the proposal is favorable toward seniors and people with developmental disabilities, with the policy emphasis on limiting fees rather than creating new ones.

Contention

The main policy issue likely to generate contention is the scope of the fee prohibition, which is broad and applies across many service categories and to “any other charges” similar to administrative surcharges or non-use fees. Providers may object that the bill restricts their ability to recover costs or manage accounts for certain customers, while supporters would likely argue that these charges are unfair for older adults and people with developmental disabilities living in their primary residences. Another possible point of debate is how eligibility is verified and how the protections interact with existing billing and contract practices.

Companion Bills

No companion bills found.

Previously Filed As

NY SB325

Cellular telephones: communications interceptions.

NY SB61

Wiretapping and Electronic Surveillance - Authorized Interception of Oral Communications - Cellular Telephones and Security Cameras

NY S517

Prohibits pharmacies from charging additional fee for processing prescriptions transmitted by telephone or electronic means.

NY S09642

Limits robocalls to state residents; requires telephone service providers to offer free call mitigation technology to telephone customers.

NY HB06595

An Act Requiring Patients To Have Access To The Internet And Their Personal Cellular Telephone While In The Hospital For Treatment Of A Psychiatric Disability.

NY S02454

Provides protection to cellular telephone subscribers who purchase cellular telephone applications; allows for transfer of such applications upon an upgrade or defect in such cellular telephone.

NY S03681

Provides protection to cellular telephone subscribers who purchase cellular telephone applications; allows for transfer of such applications upon an upgrade or defect in such cellular telephone.

NY A1749

Requires electric, gas, and water public utilities to disseminate outage information to customers through autodialed telephone call, text message, and electronic mail alert service.

NY SB23

Revises provisions related to the use of cellular telephones and other handheld wireless communications devices by minors while operating a motor vehicle. (BDR 43-251)

NY LD1234

An Act Regarding Cellular Telephones in Public Schools

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