Bill Text: NJ S3077 | 2012-2013 | Regular Session | Introduced
Bill Title: Allows use of master meter system in residential dwellings under certain conditions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-05 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S3077 Detail]
Download: New_Jersey-2012-S3077-Introduced.html
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
SYNOPSIS
Allows use of master meter system in residential dwellings under certain conditions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning natural gas metering in multiple dwellings and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Board" means the Board of Public Utilities.
"Condominium" shall have the same meaning as provided in section 3 of P.L.1969, c.257 (C.46:8B-3).
"Cooperative" shall have the same meaning as provided in section 3 of P.L.1987, c.381 (C.46:8D-3).
"Customer" means the owner of a multiple dwelling which operates a master meter system.
"Gas utility" means a public utility, as that term is defined in R.S.48:2-13, that transmits and distributes natural gas to end users within this State.
"Master meter system" means any gas pipeline system operated by a residential or commercial customer of a gas utility which is utilized for the distribution of gas to tenants of a multiple dwelling, in which the customer purchases metered gas from a gas utility for resale to the tenants through the master meter system which is beyond the control of the gas utility and is owned or operated by another entity.
"Multiple dwelling" means any privately-owned or publicly-financed or government-owned building consisting of residential housing of at least four units, and including any apartment, cooperative, or condominium, that is newly constructed or undergoing rehabilitation on or after the effective date of P.L , c. (C. ) (pending before the Legislature as this bill).
"Owner" means the proprietor, operator, lessor, or sublessor of a multiple dwelling, the owner's agent, or any other person authorized by the owner to manage the multiple dwelling, or to receive rent from a residential tenant under a rental agreement.
"Rehabilitation" means an undertaking by means of extensive repair, reconstruction, or renovation of an existing structure, with or without the introduction of new construction or the enlargement of the existing structure.
2. a. A gas utility in this State shall provide gas service to a customer of the gas utility that has installed a master meter system at a multiple dwelling, pursuant to the provisions of 49 C.F.R. s.192.1 et seq., all applicable safety requirements, including any applicable board rule or regulation providing for the certification, inspection, and compliance of the operation of a master meter system.
b. Ever tenant of a dwelling unit within a multiple dwelling served by a master meter system shall purchase gas through that master meter system directly from the customer of a gas utility.
3. a. The apportionment of the costs of gas service to a tenant of a multiple dwelling utilizing a master meter system shall be consistent with the provisions of P.L.1991, c.453 (C.55:13A-7.8 et seq.).
b. The rate applicable for transmission and distribution gas service to a tenant of a multiple dwelling utilizing a master meter system shall not exceed the rate of gas transmission and distribution service to any other residential customer of a gas utility.
c. A tenant shall not be charged for gas service to the common area of the multiple dwelling.
d. Any dispute between the customer and the tenant that can not be resolved between the parties, as to the apportionment of the costs of gas service to a tenant of a multiple dwelling utilizing a master meter system, shall be referred to the Division of Codes and Standards in the Department of Community Affairs or to a court of competent jurisdiction.
e. Nothing in this section shall relieve the customer of the customer's liability for payment for gas service to the gas utility.
4. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall supersede any municipal rent control, stabilization or leveling ordinance, or any other municipal rent regulation in effect or adopted hereafter.
5. The Director of the Division of Codes and Standards in the Department of Community Affairs shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. This act shall take effect immediately but remain inoperative for 60 days following the date of enactment.
STATEMENT
This bill requires a gas public utility (utility) in this State to provide gas service to a customer of the utility that has installed a master meter system at a multiple dwelling, pursuant to the provisions of the federal pipeline safety code, requiring that all applicable safety requirements, including any applicable Board of Public Utilities rule or regulation providing for the certification, inspection, and compliance of the operation of the system have been met. Under a master meter system, tenants of the dwelling units within the multiple dwelling served by the system are to purchase gas directly from the utility customer. The bill defines "master meter system" as any gas pipeline system operated by a residential or commercial customer of a utility which is utilized for the distribution of gas to tenants of a multiple dwelling, in which the customer purchases metered gas from a utility for resale to the tenants through the master meter system which is beyond the control of the utility and is owned or operated by another entity. "Multiple dwelling" is defined in the bill as any privately-owned or publicly-financed or government-owned building consisting of residential housing of at least four units, and including any apartment, cooperative, or condominium, that is newly constructed or undergoing rehabilitation, as defined in the bill, on or after the effective date of the bill.
The bill provides that apportionment of the costs of gas service to the tenants of a multiple dwelling utilizing a master meter system is to be consistent with the provisions of P.L.1991, c.453 (C.55:13A-7.8 et seq.). Under that law, any method or device used, or intended to be used, for the indirect apportionment of heating costs in a multiple dwelling is subject to approval by the Commissioner of Community Affairs.
The bill provides that the rate applicable for gas service to a tenant of a multiple dwelling utilizing a master meter system is not to exceed the rate of gas service to any other residential customer of a gas utility. Any dispute between the utility customer and the tenant that can not be resolved between the parties, as to the apportionment of the costs of gas service to the tenant of a multiple dwelling utilizing a master meter system, is to be referred to the Division of Codes and Standards in the Department of Community Affairs, or to a court of competent jurisdiction.
Nothing in this bill relieves the customer of the customer's liability for payment for gas service to the utility. Further, nothing in the bill is to supersede any municipal rent control, stabilization or leveling ordinance, or any other municipal rent regulation.
