Bill Text: NY S07893 | 2021-2022 | General Assembly | Introduced

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) 2022-01-18 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S07893 Detail]

Download: New_York-2021-S07893-Introduced.html

                STATE OF NEW YORK


                    IN SENATE

                                    January 18, 2022

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-

        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    § 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;
    17    (v)  state  the  date, time, and location of the public hearing set by
    18  the commission to hear testimony from the public;
    19    (vi) direct the  tenant  where  on  the  public  service  commission's
    20  website  the  entire  application can be viewed, as well as to provide a
    21  toll-free telephone number and address from which a tenant of record may
    22  request a copy of the complete application to be mailed to  such  tenant
    23  at no cost to the tenant;
    24    (vii)  include  a  statement substantiating any economic advantages of
    25  submetering over direct utility metering at the premises proposed to  be
    26  submetered;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7893                             2

     1    (viii)  include  a description of the type of submetering system to be
     2  installed and a validation of its reliability and accuracy;
     3    (ix)  state  the  method  and  basis for calculating rates to tenants,
     4  which shall include a  maximum  rate  provision  preventing  charges  to
     5  tenants  from  exceeding the tariffed rates and charges for service from
     6  the local distribution utility;
     7    (x) state complaint procedures and tenant protections consistent  with
     8  the Home Energy Fair Practices Act; and
     9    (xi)  demonstrate  that  satisfactory arrangements have been made with
    10  the local department of social services to  provide  continued  electric
    11  service  upon  acceptance of vendor payment of utility assistance grants
    12  in accordance with the state plan for regular and emergency home  energy
    13  assistance  under  section  ninety-seven of the social services law, the
    14  emergency utility assistance program under section one  hundred  thirty-
    15  one-s  of  the  social  services  law,  and  in  accordance  with  other
    16  provisions of the social services law or regulations of  the  office  of
    17  temporary  and  disability  assistance  relating  to  utility assistance
    18  payments.
    19    (b) The commission holds a public hearing at a location near the resi-
    20  dential rental building at least thirty days prior  to  the  conditional
    21  and final approval or denial of the submetering application.
    22    (c) The applicant includes with the application:
    23    (i)  findings  of a study commissioned by the applicant of the thermal
    24  characteristics of the building;
    25    (ii) records of the last twenty-four months of  electrical  usage  and
    26  charges;
    27    (iii) the projected submetered rates at the current usage rate for the
    28  various dwelling unit types that exist in the building;
    29    (iv)  a  plan to replace all non-energy star rated appliances provided
    30  by the applicant to the tenants with energy star rated appliances.
    31    (d) The applicant pays all costs of an independent energy analysis  of
    32  the  building by one of the consultants chosen by the tenants if a group
    33  of at least fifty percent of the tenants of record request such analysis
    34  and the group of tenants provides to the applicant at least  three  bids
    35  from consultants who can perform such analysis.
    36    2.  (a)  All  applications  filed  pursuant  to the provisions of this
    37  section shall be subject to a two-tiered approval process by the commis-
    38  sion. Initial approval of an application, if granted by the  commission,
    39  shall  be  granted for a period of one year, at which time, the approval
    40  shall automatically expire; provided that, within three months prior  or
    41  subsequent  to  the expiration of the grant of conditional approval, the
    42  applicant may file for review of the  application  for  the  purpose  of
    43  obtaining  final  approval  of the application. Any applicant filing for
    44  review for final approval of an application shall submit to the  commis-
    45  sion  a  listing  of  the  actual metered usage rates and charges to the
    46  tenants during the period of the conditional approval  of  the  applica-
    47  tion.
    48    (b) Any applicant whose application for conditional approval is denied
    49  by  the commission may re-file an application no earlier than six months
    50  following the denial of the application by the commission.
    51    (c) The commission shall provide written notice to an applicant of its
    52  decision regarding applications within thirty days of the public hearing
    53  required by subdivision one of this section. All denials of applications
    54  shall state the reasons for the denial, shall specify the  measures  the
    55  applicant must take to qualify for approval of the application and shall
    56  advise  the applicant of his or her right to investigation and review of

        S. 7893                             3

     1  the denial of the application if the applicant considers such denial  to
     2  be without justification.
     3    §  2.  The  public  service  commission shall promulgate any rules and
     4  regulations necessary for the implementation of this act on  its  effec-
     5  tive date.
     6    § 3. This act shall take effect immediately.