Bill Text: NY S05383 | 2009-2010 | General Assembly | Amended
Bill Title: Relates to application requirements for private or government entities that wish to provide electric service converting residential rental buildings from being mass-metered to submetered.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-12 - NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN [S05383 Detail]
Download: New_York-2009-S05383-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 5383--A A. 7871--A
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
April 27, 2009
___________
IN SENATE -- Introduced by Sen. PERKINS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Energy and
Telecommunications -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. KELLNER, HEVESI, MAISEL, ESPAILLAT
-- Multi-Sponsored by -- M. of A. BRENNAN, COOK, GLICK -- read once
and referred to the Committee on Energy -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public service law, in relation to converting resi-
dential rental buildings from being mass-metered to submetered
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 53 of the public service law is renumbered section
2 54 and a new section 53 is added to read as follows:
3 S 53. RESIDENTIAL RENTAL BUILDING SUBMETERING. 1. A MASTER-METERED
4 RESIDENTIAL RENTAL BUILDING MAY BE CONVERTED TO BE SUBMETERED IF THE
5 OWNER OF THE BUILDING FILES AN APPLICATION TO CONVERT THE BUILDING TO
6 SUBMETERING WITH THE COMMISSION, PROVIDED THAT:
7 (A) THE APPLICANT APPLYING TO PROVIDE SUBMETERED ELECTRIC SERVICE
8 INCLUDES WITH THE APPLICATION A PROCEDURE FOR NOTIFYING IN WRITING,
9 WITHIN THIRTY DAYS OF FILING THE APPLICATION WITH THE COMMISSION, ALL
10 TENANTS OF RECORD OF THE PROPOSAL TO SUBMETER. THE NOTIFICATION SHALL:
11 (I) INCLUDE A SUMMARY OF THE INFORMATION PROVIDED TO THE COMMISSION;
12 (II) INFORM TENANTS THAT A PUBLIC COMMENT PERIOD HAS COMMENCED;
13 (III) STATE THE DATE AFTER WHICH COMMENTS DIRECTED TO THE COMMISSION
14 WILL NO LONGER BE ACCEPTED;
15 (IV) PROMINENTLY DISPLAY THE ADDRESS AND TELEPHONE NUMBER OF THE NEAR-
16 EST PUBLIC SERVICE COMMISSION OFFICE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11599-02-9
S. 5383--A 2 A. 7871--A
1 (V) STATE THE DATE, TIME, AND LOCATION OF THE PUBLIC HEARING SET BY
2 THE COMMISSION TO HEAR TESTIMONY FROM THE PUBLIC;
3 (VI) DIRECT THE TENANT WHERE ON THE PUBLIC SERVICE COMMISSION'S
4 WEBSITE THE ENTIRE APPLICATION CAN BE VIEWED, AS WELL AS TO PROVIDE A
5 TOLL-FREE TELEPHONE NUMBER AND ADDRESS FROM WHICH A TENANT OF RECORD MAY
6 REQUEST A COPY OF THE COMPLETE APPLICATION TO BE MAILED TO SUCH TENANT
7 AT NO COST TO THE TENANT;
8 (VII) INCLUDE A STATEMENT SUBSTANTIATING ANY ECONOMIC ADVANTAGES OF
9 SUBMETERING OVER DIRECT UTILITY METERING AT THE PREMISES PROPOSED TO BE
10 SUBMETERED;
11 (VIII) INCLUDE A DESCRIPTION OF THE TYPE OF SUBMETERING SYSTEM TO BE
12 INSTALLED AND A VALIDATION OF ITS RELIABILITY AND ACCURACY;
13 (IX) STATE THE METHOD AND BASIS FOR CALCULATING RATES TO TENANTS,
14 WHICH SHALL INCLUDE A MAXIMUM RATE PROVISION PREVENTING CHARGES TO
15 TENANTS FROM EXCEEDING THE TARIFFED RATES AND CHARGES FOR SERVICE FROM
16 THE LOCAL DISTRIBUTION UTILITY;
17 (X) STATE COMPLAINT PROCEDURES AND TENANT PROTECTIONS CONSISTENT WITH
18 THE HOME ENERGY FAIR PRACTICES ACT; AND
19 (XI) DEMONSTRATE THAT SATISFACTORY ARRANGEMENTS HAVE BEEN MADE WITH
20 THE LOCAL DEPARTMENT OF SOCIAL SERVICES TO PROVIDE CONTINUED ELECTRIC
21 SERVICE UPON ACCEPTANCE OF VENDOR PAYMENT OF UTILITY ASSISTANCE GRANTS
22 IN ACCORDANCE WITH THE STATE PLAN FOR REGULAR AND EMERGENCY HOME ENERGY
23 ASSISTANCE UNDER SECTION NINETY-SEVEN OF THE SOCIAL SERVICES LAW, THE
24 EMERGENCY UTILITY ASSISTANCE PROGRAM UNDER SECTION ONE HUNDRED
25 THIRTY-ONE-S OF THE SOCIAL SERVICES LAW, AND IN ACCORDANCE WITH OTHER
26 PROVISIONS OF THE SOCIAL SERVICES LAW OR REGULATIONS OF THE OFFICE OF
27 TEMPORARY AND DISABILITY ASSISTANCE RELATING TO UTILITY ASSISTANCE
28 PAYMENTS.
29 (B) THE COMMISSION HOLDS A PUBLIC HEARING AT A LOCATION NEAR THE RESI-
30 DENTIAL RENTAL BUILDING AT LEAST THIRTY DAYS PRIOR TO THE CONDITIONAL
31 AND FINAL APPROVAL OR DENIAL OF THE SUBMETERING APPLICATION.
32 (C) THE APPLICANT INCLUDES WITH THE APPLICATION:
33 (I) FINDINGS OF A STUDY COMMISSIONED BY THE APPLICANT OF THE THERMAL
34 CHARACTERISTICS OF THE BUILDING;
35 (II) RECORDS OF THE LAST TWENTY-FOUR MONTHS OF ELECTRICAL USAGE AND
36 CHARGES;
37 (III) THE PROJECTED SUBMETERED RATES AT THE CURRENT USAGE RATE FOR THE
38 VARIOUS DWELLING UNIT TYPES THAT EXIST IN THE BUILDING;
39 (IV) A PLAN TO REPLACE ALL NON-ENERGY STAR RATED APPLIANCES PROVIDED
40 BY THE APPLICANT TO THE TENANTS WITH ENERGY STAR RATED APPLIANCES.
41 (D) THE APPLICANT PAYS ALL COSTS OF AN INDEPENDENT ENERGY ANALYSIS OF
42 THE BUILDING BY ONE OF THE CONSULTANTS CHOSEN BY THE TENANTS IF A GROUP
43 OF AT LEAST FIFTY PERCENT OF THE TENANTS OF RECORD REQUEST SUCH ANALYSIS
44 AND THE GROUP OF TENANTS PROVIDES TO THE APPLICANT AT LEAST THREE BIDS
45 FROM CONSULTANTS WHO CAN PERFORM SUCH ANALYSIS.
46 2. (A) ALL APPLICATIONS FILED PURSUANT TO THE PROVISIONS OF THIS
47 SECTION SHALL BE SUBJECT TO A TWO-TIERED APPROVAL PROCESS BY THE COMMIS-
48 SION. INITIAL APPROVAL OF AN APPLICATION, IF GRANTED BY THE COMMISSION,
49 SHALL BE GRANTED FOR A PERIOD OF ONE YEAR, AT WHICH TIME, THE APPROVAL
50 SHALL AUTOMATICALLY EXPIRE; PROVIDED THAT, WITHIN THREE MONTHS PRIOR OR
51 SUBSEQUENT TO THE EXPIRATION OF THE GRANT OF CONDITIONAL APPROVAL, THE
52 APPLICANT MAY FILE FOR REVIEW OF THE APPLICATION FOR THE PURPOSE OF
53 OBTAINING FINAL APPROVAL OF THE APPLICATION. ANY APPLICANT FILING FOR
54 REVIEW FOR FINAL APPROVAL OF AN APPLICATION SHALL SUBMIT TO THE COMMIS-
55 SION A LISTING OF THE ACTUAL METERED USAGE RATES AND CHARGES TO THE
S. 5383--A 3 A. 7871--A
1 TENANTS DURING THE PERIOD OF THE CONDITIONAL APPROVAL OF THE APPLICA-
2 TION.
3 (B) ANY APPLICANT WHOSE APPLICATION FOR CONDITIONAL APPROVAL IS DENIED
4 BY THE COMMISSION MAY RE-FILE AN APPLICATION NO EARLIER THAN SIX MONTHS
5 FOLLOWING THE DENIAL OF THE APPLICATION BY THE COMMISSION.
6 (C) THE COMMISSION SHALL PROVIDE WRITTEN NOTICE TO AN APPLICANT OF ITS
7 DECISION REGARDING APPLICATIONS WITHIN THIRTY DAYS OF THE PUBLIC HEARING
8 REQUIRED BY SUBDIVISION ONE OF THIS SECTION. ALL DENIALS OF APPLICATIONS
9 SHALL STATE THE REASONS FOR THE DENIAL, SHALL SPECIFY THE MEASURES THE
10 APPLICANT MUST TAKE TO QUALIFY FOR APPROVAL OF THE APPLICATION AND SHALL
11 ADVISE THE APPLICANT OF HIS OR HER RIGHT TO INVESTIGATION AND REVIEW OF
12 THE DENIAL OF THE APPLICATION IF THE APPLICANT CONSIDERS SUCH DENIAL TO
13 BE WITHOUT JUSTIFICATION.
14 S 2. The public service commission shall promulgate any rules and
15 regulations necessary for the implementation of this act on its effec-
16 tive date.
17 S 3. This act shall take effect immediately.
