S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7256
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2021
                                ___________
 
 Introduced  by  M.  of  A. J. D. RIVERA -- read once and referred to the
   Committee on Energy
 
 AN ACT to amend the public service law, in relation to certain  require-
   ments regarding billing for electric services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 66 of the public service law is amended by adding a
 new subdivision 29 to read as follows:
   29. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  COMMISSION  SHALL
 PROMULGATE RULES AND REGULATIONS REGARDING METHODS OF DETERMINING DEMAND
 REQUIRING EACH ELECTRIC CORPORATION TO USE A DEMAND MEASURING DEVICE, OF
 A  TYPE APPROVED BY THE COMMISSION, TO DETERMINE THE CHARGE FOR AN ELEC-
 TRIC SERVICE, INCLUDING THE MINIMUM CHARGE, IF SUCH CHARGE IS IN ANY WAY
 DEPENDENT UPON THE DEMAND OF THE CUSTOMER WHENEVER:
   (A) THE DEMAND BILLED IS TEN KILOWATTS OR MORE; OR
   (B) THE TOTAL RATED CAPACITY OF THE CUSTOMER'S CURRENT USAGE IS TWELVE
 KILOWATTS OR MORE; OR
   (C) THE CUSTOMER'S CONSUMPTION  HAS  EXCEEDED  ONE  THOUSAND  KILOWATT
 HOURS  PER  MONTH  IN  TWO  CONSECUTIVE  MONTHS DURING THE PRECEDING TEN
 MONTHS.
   SUCH REQUIREMENTS SHALL BE SUBJECT TO REASONABLE EXCEPTIONS AS  DETER-
 MINED BY THE COMMISSION.
   §  2.  Subdivision  14  of  section  66  of the public service law, as
 amended by chapter 696 of the laws  of  1936,  is  amended  to  read  as
 follows:
   14.  The  commission  shall have power to require each gas corporation
 and electric corporation to establish classifications of  service  based
 upon  the quantity used, the time when used, the purpose for which used,
 the duration of use and upon any other reasonable consideration, and  to
 establish  in  connection  therewith just and reasonable graduated rates
 and charges; and it shall have power, either upon complaint or upon  its

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

                                                            LBD02311-01-1

 A. 7256                             2
 
 own  motion,  to require such changes in such classifications, rates and
 charges as it shall determine to be just  and  reasonable.  Neither  the
 scheduled  rates nor the minimum charge for residential customers shall,
 after  July first, nineteen hundred thirty-seven, be based in any manner
 on the number of outlets, number of rooms, cubic or square foot area  or
 other such standards. SUCH CLASSIFICATIONS OF SERVICE SHALL BE INDICATED
 ON  EACH  CUSTOMER'S  BILL  FOR  ELECTRIC  SERVICE AND SHALL INCLUDE THE
 WEBSITE ADDRESS TO THE SPECIFIC PUBLIC SERVICE COMMISSION LEAF.
   § 3. Subdivision 1 of section 44 of the public service law,  as  added
 by chapter 713 of the laws of 1981, is amended to read as follows:
   1.  Every  utility corporation or municipality shall assure that bills
 for service  to  residential  AND  DEMAND-METERED  customers  adequately
 explain  the  charges  for  service in clear and understandable form and
 language AND SHALL INDICATE THE ACCOUNT NUMBER AND/OR METER  NUMBER  FOR
 THE  ACCOUNT  FOR  WHICH  SERVICE IS BEING CHARGED.  The commission may,
 from time to time, specify the form and content of such bills to further
 the objectives of this subdivision.    SUCH  BILL  SHALL  AT  A  MINIMUM
 INCLUDE  THE  QUANTITY  BILLED,  THE UNIT OF MEASUREMENT AND THE HIGHEST
 MEASUREMENT OF A SPECIFIC LINE  ITEM  AS  MEASURED  OVER  THE  PRECEDING
 FIFTY-TWO WEEK PERIOD, EXCEPT THE QUANTITY NEED NOT BE SHOWN FOR INTERIM
 BUDGET BILLING.
   § 4. Section 44 of the public service law is amended by adding two new
 subdivisions 6 and 7 to read as follows:
   6.  (A)  CUSTOMERS  THAT CURRENTLY RECEIVE ELECTRONIC DATA INTERCHANGE
 (EDI) BY PROTOCOLS APPROVED BY  THE  COMMISSION  SHALL  BE  EXEMPT  FROM
 RECEIVING  PRINTED  BILL  STATEMENTS IF SUCH CUSTOMER'S AGGREGATE ANNUAL
 DEMAND PER YEAR EXCEEDS THREE MW.
   (B) PRINTED BILL STATEMENTS SHALL NOT BE A REQUIREMENT  FOR  CUSTOMERS
 IF  (I)  BOTH SUCH CUSTOMER AND SUCH UTILITY CORPORATION OR MUNICIPALITY
 ARE STATE PUBLIC-BENEFIT CORPORATIONS AND (II) THE  STATEWIDE  FINANCIAL
 SYSTEM  RECEIVES  DETAILED ELECTRONIC INFORMATION THAT IS COMPLIANT WITH
 THE REQUIREMENTS OF SUCH SYSTEM.
   7. AT THE TIME THAT SERVICE IS INITIATED TO A RESIDENTIAL AND  DEMAND-
 METERED  CUSTOMER,  AND  FOR  EVERY BILL STATEMENT THEREAFTER, A UTILITY
 CORPORATION OR MUNICIPALITY SHALL PROVIDE EACH CUSTOMER  WITH  AN  ADDI-
 TIONAL  NOTICE  THAT LISTS THE INTERVAL AT WHICH DEMAND DELIVERY PEAK IS
 CALCULATED AND SHALL STATE THE FOLLOWING DISCLOSURE:
   "DEMAND-DELIVERY CHARGES CAN ACCOUNT  FOR  A  SIGNIFICANT  PORTION  OF
 ELECTRICITY  COSTS  AND  PRICES ARE SUBJECT TO MARKET VOLATILITY. DEMAND
 PEAKS (KW) MAY AFFECT YOUR BILLING OVER MULTIPLE BILLING CYCLES."
   § 5. The public service law is amended by adding a new section 52-a to
 read as follows:
   § 52-A. RESIDENTIAL RENTAL BUILDING SUBMETERING.  FOR THE PURPOSES  OF
 THIS  SECTION,  A  "RESIDENTIAL  RENTAL  BUILDING" SHALL BE DEFINED AS A
 BUILDING WITH AT LEAST FIVE RESIDENTIAL UNITS WHERE THE OWNER  DOES  NOT
 OCCUPY  ALL OR A MAJORITY OF THE UNITS WITHIN THE BUILDING.  THE COMMIS-
 SION SHALL PROMULGATE RULES AND REGULATIONS REGARDING SUBMETERING  OF  A
 RESIDENTIAL  RENTAL  BUILDING. SUCH RULES AND REGULATIONS SHALL INCLUDE,
 BUT NOT BE LIMITED TO:
   1. A NOTICE OF INTENT TO  SUBMETER  SHALL  BE  FILED  WITH  THE  LOCAL
 DEPARTMENT  OF SOCIAL SERVICES IN ADDITION TO ANY OTHER REQUIREMENTS FOR
 SUCH NOTICE.
   2. IF AN APPLICATION TO CONVERT A BUILDING TO SUBMETERING IS APPROVED,
 THE APPLICANT SHALL NOTIFY TENANTS SIXTY DAYS PRIOR TO THE EXPIRATION OF
 A TENANT'S LEAVE OR AT THE TIME OF SIGNING A NEW LEASE FOR A NEW TENANT.

 A. 7256                             3
 
 SUBMETERING FOR ELECTRIC SERVICE SHALL COMMENCE ONLY  AFTER  THE  TENANT
 HAS ACKNOWLEDGED SUCH SUBMETERING FOR ELECTRIC SERVICE WILL OCCUR.
   3.  A  SUBMETERED  ACCOUNT  OF  A TENANT OF RECORD CURRENTLY RECEIVING
 PUBLIC ASSISTANCE SHALL ONLY BE DISCONNECTED IF THE LOCAL DEPARTMENT  OF
 SOCIAL  SERVICES  HAS  CONFIRMED  IN  WRITING THAT THEY HAVE DECLINED TO
 PROVIDE ASSISTANCE TO SUCH TENANT.
   § 6. Subdivision 3 of section 38 of the public service law,  as  added
 by chapter 716 of the laws of 1985, is amended to read as follows:
   3.  EVERY UTILITY CORPORATION OR MUNICIPALITY SHALL NOTIFY RESIDENTIAL
 CUSTOMERS IF THE UTILITY CORPORATION PROJECTS A SHORTFALL AT THE END  OF
 THE  LEVEL  BILLING PERIOD. SUCH NOTICE SHALL OCCUR AT LEAST NINETY DAYS
 PRIOR TO THE END OF THE LEVEL BILLING PERIOD.
   4. The commission may establish such terms and  conditions  for  plans
 required under this section as it deems necessary or proper.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.