BILL NUMBER: S8736
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the civil practice law and rules, the public service law
and the public authorities law, in relation to prohibiting the seizure
of utility meters and the termination of utility service through replev-
in actions
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prohibit the use of replevin actions
under Article 71 of the Civil Practice Law and Rules (CPLR) to seize
utility meters or terminate gas, electric, or steam service. The bill
ensures that essential utility services cannot be disrupted through
court-ordered seizures that circumvent established consumer protection
laws governing utility service termination.
 
SUMMARY OF PROVISIONS:
S1. Sets forth legislative findings recognizing that access to gas,
electric, and steam service is essential to public health, safety, and
welfare, and that the use of replevin actions to seize utility meters
undermines long-standing utility consumer protections.
S2 amends CPLR § 7101 to expressly exclude gas, electric, and steam
service from the scope of replevin actions and declares that the seizure
of utility meters is against the public interest.
S3 amends the Public Service Law by adding a new subdivision prohibiting
the termination of residential electric or gas service through replevin
actions.
S4 amends the Public Authorities Law to prohibit public authorities,
including the Long Island Power Authority, from terminating residential
or non-residential utility service through replevin actions. S5
provides the effective date
 
JUSTIFICATION:
Access to safe and reliable utility service is fundamental to modern
life and is essential for heating, cooling, cooking, medical equipment,
and basic sanitation. New York has long recognized this reality by
establishing comprehensive statutory and regulatory protections govern-
ing when and how utility service may be terminated, including notice
requirements, opportunities to cure, and protections for vulnerable
populations.
Despite these protections, some utilities and public authorities have
used replevin actions to seize utility meters as a mechanism to termi-
nate service. These actions can authorize law enforcement entry into
homes or businesses and result in the abrupt loss of essential services,
often without the procedural safeguards required under utility law. This
practice effectively circumvents consumer protections enacted by the
Legislature and regulated by the Public Service Commission.
The seizure of utility meters through replevin actions is an inappropri-
ate use of a legal remedy intended for disputes over personal property,
not the termination of essential public services. Allowing utilities to
rely on replevin undermines public confidence, exposes residents and
businesses to serious health and safety risks, and conflicts with the
State's clear policy that utility service should not be discontinued
except in strict compliance with statutory and regulatory standards.
This bill closes that loophole by clearly prohibiting the use of replev-
in actions to seize utility meters or terminate utility service, ensur-
ing that all service terminations occur only through the established
utility regulatory framework.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None. The bill does not impose new costs on the State or local govern-
ments.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8736: 7101 civil practice law, 32 public service law