Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
6762
2025-2026 Regular Sessions
I N A S S E M B L Y
March 12, 2025
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the abandoned property law, in relation to ensuring
ESCOs are subject to the same consumer protection regulations regard-
ing unclaimed deposits and refunds currently facing utility companies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 103 of the abandoned property law is amended by
adding a new subdivision (j) to read as follows:
(J) "ENERGY SERVICES COMPANY" OR "ESCO" SHALL MEAN AN ENTITY ELIGIBLE
TO SELL ENERGY SERVICES TO END-USE CUSTOMERS USING THE TRANSMISSION OR
DISTRIBUTION SYSTEM OF A UTILITY.
§ 2. Subdivision (f) of section 103 of the abandoned property law, as
amended by chapter 498 of the laws of 1944 and relettered by chapter 908
of the laws of 1974, is amended to read as follows:
(f) "Utility services" means gas, electricity or steam supplied by a
gas, electric, gas and electric or district steam corporation OR AN
ENERGY SERVICES COMPANY, telephone, telegraph or other service furnished
by a telephone, telegraph or telegraph and telephone corporation, water
supplied by a waterworks corporation, or appliances, equipment, instal-
lations, fixtures or appurtenances rented by any such corporation OR
ESCO.
§ 3. Section 400 of the abandoned property law, the opening paragraph
of subdivision 1 as amended by chapter 498 of the laws of 1944, para-
graphs (a) and (b) of subdivision 1 as amended by chapter 78 of the laws
of 1976, and paragraph (c) of subdivision 1 as amended by chapter 833 of
the laws of 1963, is amended to read as follows:
§ 400. Unclaimed deposits and refunds for utility services. 1. The
following unclaimed moneys held or owing by a gas corporation, an elec-
tric corporation, a gas and electric corporation, a district steam
corporation, AN ENERGY SERVICES COMPANY, a telegraph corporation, a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10732-01-5
A. 6762 2
telephone corporation, a telegraph and telephone corporation, or a
waterworks corporation, shall be deemed abandoned property:
(a) Any deposit made by a consumer or subscriber with such a corpo-
ration OR ESCO to secure the payment for utility services furnished by
such corporation OR ESCO, or the amount of such deposit after deducting
any sums due to such corporation OR ESCO by such consumer or subscriber,
together with any interest due thereon, which shall have remained
unclaimed by the person or persons appearing to be entitled thereto for
two years after the termination of the utility services to secure the
payment of which such deposit was made, or, if during such two year
period utility services are furnished by such corporation OR ESCO to
such consumer or subscriber and such deposit is held by such corporation
OR ESCO to secure payment therefor, for two years after the termination
of such utility services.
(b) Any amount paid by a consumer or subscriber to such a corporation
OR ESCO in advance or in anticipation of utility services furnished or
to be furnished by such corporation OR ESCO which in fact is not
furnished, after deducting any sums due to such corporation OR ESCO by
such consumer or subscriber for utility services in fact furnished,
which shall have remained unclaimed by the person or persons appearing
to be entitled thereto for two years after the termination of the utili-
ty services for which such amount was paid in advance or in antic-
ipation, or, if during such period utility services are furnished by
such corporation OR ESCO to such consumer or subscriber and such amount
is applied to the payment in advance or in anticipation of such utility
services, for two years after the termination of such utility services.
(c) The amount of any refund of excess or increased rates or charges
heretofore or hereafter collected by any such corporation OR ESCO for
utility services lawfully furnished by such corporation OR ESCO which
has been or shall hereafter lawfully be ordered refunded to a consumer
or other person or persons entitled thereto, together with any interest
due thereon, less any lawful deductions, which shall have remained
unclaimed by the person or persons entitled thereto for two years from
the date it became payable in accordance with the final determination or
order providing for such refund.
2. Any such abandoned property held or owing by such a corporation OR
ESCO to which the right to receive the same is established to the satis-
faction of such corporation OR ESCO shall cease to be deemed abandoned.
§ 4. Subdivision 1 of section 402 of the abandoned property law, as
amended by section 11 of part A of chapter 61 of the laws of 2011, is
amended to read as follows:
1. Every such corporation OR ESCO shall cause to be published, on or
before the first day of September in each year, a notice entitled:
"NOTICE OF CERTAIN UNCLAIMED PROPERTY HELD BY (name of corporation OR
ESCO)."
§ 5. Paragraph (a) of subdivision 3 of section 402 of the abandoned
property law is amended to read as follows:
(a) that a report of unclaimed amounts of money or other property held
or owing by it has been made to the state comptroller and that a list of
the names of the person or persons appearing from the records of such
corporation OR ESCO to be entitled thereto is on file and open to public
inspection at its principal office or place of business in any city,
village or county where any such abandoned property is payable;
§ 6. Subdivision 4 of section 402 of the abandoned property law is
amended to read as follows:
A. 6762 3
4. Such corporation OR ESCO shall file with the state comptroller on
or before the tenth day of September in each year proof by affidavit of
such publication.
§ 7. Section 403 of the abandoned property law, as amended by section
12 of part A of chapter 61 of the laws of 2011, is amended to read as
follows:
§ 403. Payment of abandoned property. 1. In such succeeding month of
October, and on or before the tenth day thereof, every such corporation
OR ESCO shall pay to the state comptroller all property which, as of the
first day of July next preceding, was deemed abandoned pursuant to
section four hundred of this article, held or owing by such corporation
OR ESCO.
2. Such payment shall be accompanied by a true and accurate report
setting forth such information as the state comptroller may require
relating to such abandoned property including:
(a) as to abandoned property specified in paragraphs (a) and (b) of
subdivision one of section four hundred of this article:
(i) the name and last known address of each depositor or subscriber
appearing from the records of such corporation OR ESCO to be entitled to
receive any such abandoned property;
(ii) the date when the deposit was made or amount paid;
(iii) the amount of such deposit or payment;
(iv) the date when utility services furnished to such consumer or
subscriber ceased;
(v) any sums due and unpaid to the corporation OR ESCO by such consum-
er or subscriber, with interest thereon from the date of termination of
service;
(vi) the amount of interest due upon such deposit or payment on any
balance thereof that has remained with such corporation OR ESCO and not
been credited to such consumer's or subscriber's account;
(vii) the amount of such abandoned property; and
(viii) such other identifying information as the state comptroller may
require.
(b) as to abandoned property specified in paragraph (c) of subdivision
one of section four hundred of this article:
(i) the name and last known address of each person appearing from the
records of such corporation OR ESCO to be entitled to receive the same;
(ii) the amount appearing from such records to be due each such
person;
(iii) the date payment became due; and
(iv) such other identifying information as the state comptroller may
require.
3. Such report shall be in such form and the abandoned property listed
shall be classified in such manner as the state comptroller may
prescribe. Names of persons entitled to such abandoned property appear-
ing in such report shall be listed in alphabetical order within each
such classification.
§ 8. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.Every fact on this page links to its source, starting with the official bill record.