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New York law, December 2021

You can get paid back for spoiled food after a widespread, days-long outage

Carried by

No photo on file, so initials stand in.

  • $25 automatic residential bill credit for each full day beyond the first 72 hours
  • $540 maximum food reimbursement with proof of loss
  • 72 hours when claims open in a qualifying widespread outage

Working now. In effect since April 2022.

What it means for you

Since 2022, residential customers of covered New York gas and electric utilities can get a $25 credit for each full day beyond 72 hours and up to $540 for spoiled food after a qualifying widespread outage. Spoiled prescription medicine is also covered.

Who benefits: Residential and qualifying small-business customers of investor-owned gas and electric utilities covered by the law who endure a qualifying widespread outage for at least 72 hours.

If you get gas or electric service from an investor-owned utility covered by this law, you become eligible when a qualifying widespread outage lasts 72 hours. The Public Service Commission defines that as at least 20,000 electric customers or 1,500 gas customers of one utility out at once, with someone still out at 72 hours because of utility-owned equipment. Municipal utilities and LIPA are not covered by the statute.

Residential customers get an automatic $25 bill credit for each full 24 hours after the first 72, so the first credit is due at 96 hours. A household can claim up to $235 for spoiled food with an itemized list, or $540 with proof of loss. Perishable prescription medicine is covered up to the actual loss with a list and proof. Qualifying small businesses can claim up to $540 for food, but not the $25 credit or medicine. For a gas-only outage, spoilage claims require proof of gas-powered refrigeration. Claims are due within 14 days after the 72-hour mark. Utilities normally have 30 days to pay; a waiver request can delay or excuse payment.

Sen. Leroy Comrie and Assemblymember Amy Paulin carried the bill after Tropical Storm Isaias left hundreds of thousands without power, some for more than a week. The credits and reimbursements cannot be charged back to ratepayers. The same law also requires electric utilities to file climate resilience plans. The Senate passed it 48–15, with five Republicans joining every Democrat; the Assembly passed it 125–24. Gov. Kathy Hochul signed it Dec. 22, 2021.

Lower costsFlooding and stormsRoads and water

Sources

  1. S4824A, storm hardening and outage reimbursementNew York State Senate, December 22, 2021
  2. Public Service Law § 73, Compensation to customers experiencing widespread prolonged outagesNew York State Senate
  3. Order Implementing Public Service Law Section 73New York State Public Service Commission, July 14, 2022
  4. S04824A bill summary, actions, memo, and floor votesNew York State Assembly
  5. A3360A, Assembly companion billNew York State Senate
  6. New York State Food and Prescription Medication Spoilage ClaimsNational Grid

How we checked this

Drafted by Claude Opus 5.5 (Anthropic) on November 11, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 12, 2026, which corrected it. Confirmed the enactment, sponsors, roll calls, benefit amounts, effective date, and current status. Corrected the entry’s overbroad eligibility claims and clarified the outage thresholds, first-credit timing, and waiver process.

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From left: Chi Ossé (D), Bill Stanley (R), and Louise Lucas (D).

From left: Chi Ossé (D), Bill Stanley (R), Louise Lucas (D), Emmett Hanger (R), and Michelle Hinchey (D).

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tab

Illustrations from photos.See the photo of Ossé (New York City Council), opens in a new tab© New York City Council, used as a drawing reference.See the photo of Stanley (Office of the Governor of Virginia, via Wikimedia Commons), opens in a new tabCC BY 4.0.See the photo of Lucas (Senate of Virginia), opens in a new tabSee the photo of Hanger (Senate of Virginia), opens in a new tab© Senate of Virginia, used as a drawing reference.See the photo of Hinchey (NY Senate, via Wikimedia Commons), opens in a new tabCC BY 2.5.