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Assembly approves law pausing utility shutoffs in extreme temperatures, sets 85°F floor

New York State Assembly · May 19, 2026
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Summary

The Assembly approved a bill creating statewide minimum protections against utility shutoffs during extreme heat and cold (heat trigger cited at 85°F, cold at 32°F) with coverage before, during and two days after extreme events; supporters cited public-health risks, critics warned it could duplicate PSC rules and add arrears costs. Vote 97-44.

The New York State Assembly approved a bill to bar utilities from terminating residential service during certain extreme-temperature events, establishing a statewide floor of protections and timing rules tied to National Weather Service forecasts.

"Extreme weather is no longer rare, and we're seeing more days with dangerous heat indexes and severe cold weather across New York state," sponsor Miss Solange said in her floor explanation, arguing the measure is needed because shutoffs during extreme events can be life‑threatening.

Key provisions described on the floor include triggers at or above 85°F for heat and at or below 32°F for cold, with a protected period that includes the day before, the day of, and two days after a qualifying forecasted event. The sponsor said the bill adopts National Weather Service standards for triggering the protections so that residents in Buffalo and Montauk alike are covered by a consistent statewide floor.

Opponents — including members who cited the Public Service Commission (PSC) proceedings — argued the PSC has already moved to standardize extreme-heat protections (the Assembly record noted PSC guidance in March 2026 using a 90°F trigger in some circumstances) and warned that a statutory prescription could remove the PSC’s needed flexibility to adapt protections to regional conditions and operational realities. "The PSC didn't ask for it. The PSC wasn't consulted," one critic said on the floor.

Other critics warned of financial consequences: pausing shutoffs could increase arrears that utilities ultimately seek to recover through rates, potentially socializing costs across customers. The sponsor said the bill does not forgive or eliminate debt — it only pauses shutoffs during dangerous weather — and pointed to existing arrears-assistance programs and broader policy options to address affordability.

After extended questioning and debate about PSC authority, regional differences and the choice of temperature triggers, the clerk read the last section and a party vote was requested. Republicans announced they would not be supporting the bill; the clerk recorded a final vote of Ayes 97, Nays 44. The clerk read that the act "shall take effect immediately."