SECTION 36
Residential service deposits
Public Service (PBS) CHAPTER 48, ARTICLE 2
§ 36. Residential service deposits. 1. On and after January first,
nineteen hundred eighty-two, no utility corporation or municipality
shall require any new residential customer, other than a seasonal or
short term customer, to post a security deposit as a condition of
receiving utility service. In addition, no utility corporation or
municipality shall after the first day of September, nineteen hundred
eighty-two, or such earlier date as the commission may determine,
require a current residential customer to post a security deposit other
than such a customer who is delinquent according to standards set by the
commission. Deposits held on the first day of September, nineteen
hundred eighty-two, or such earlier date as the commission may
determine, shall be returned to the customer immediately, but not later
than the next bill for service; provided, however, that this provision
shall not apply to deposits of delinquent customers. No utility
corporation or municipality shall require any known recipient of public
assistance, supplemental security income benefits or additional state
payments to post a security deposit as a condition of receiving service.
2. Notwithstanding the provisions of subdivision one of this section,
the commission, after investigation and hearing, may authorize any
utility corporation or municipality to require and hold security
deposits from residential customers or applicants for service upon a
finding that the collection and maintenance of such deposits is cost
effective to the utility as a whole without regard to cash flow and the
availability of capital.