Assembly Bill A7871

                            
                    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:

  Section 1. Section 53 of the public service law is renumbered  section
54 and a new section 53 is added to read as follows:
  S  53.  RESIDENTIAL  RENTAL  BUILDING SUBMETERING. 1. A MASTER-METERED
RESIDENTIAL RENTAL BUILDING MAY BE CONVERTED TO  BE  SUBMETERED  IF  THE
OWNER  OF  THE  BUILDING FILES AN APPLICATION TO CONVERT THE BUILDING TO
SUBMETERING WITH THE COMMISSION, PROVIDED THAT:
  (A) THE APPLICANT APPLYING  TO  PROVIDE  SUBMETERED  ELECTRIC  SERVICE
INCLUDES  WITH  THE  APPLICATION  A  PROCEDURE FOR NOTIFYING IN WRITING,
WITHIN THIRTY DAYS OF FILING THE APPLICATION WITH  THE  COMMISSION,  ALL
TENANTS OF RECORD OF THE PROPOSAL TO SUBMETER. THE NOTIFICATION SHALL:
  (I) INCLUDE A SUMMARY OF THE INFORMATION PROVIDED TO THE COMMISSION;
  (II) INFORM TENANTS THAT A PUBLIC COMMENT PERIOD HAS COMMENCED;
  (III)  STATE  THE DATE AFTER WHICH COMMENTS DIRECTED TO THE COMMISSION
WILL NO LONGER BE ACCEPTED;
  (IV) PROMINENTLY DISPLAY THE ADDRESS AND TELEPHONE NUMBER OF THE NEAR-
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

  (V) STATE THE DATE, TIME, AND LOCATION OF THE PUBLIC  HEARING  SET  BY
THE COMMISSION TO HEAR TESTIMONY FROM THE PUBLIC;
  (VI)  DIRECT  THE  TENANT  WHERE  ON  THE  PUBLIC SERVICE COMMISSION'S
WEBSITE THE ENTIRE APPLICATION CAN BE VIEWED, AS WELL AS  TO  PROVIDE  A
TOLL-FREE TELEPHONE NUMBER AND ADDRESS FROM WHICH A TENANT OF RECORD MAY
REQUEST  A  COPY OF THE COMPLETE APPLICATION TO BE MAILED TO SUCH TENANT
AT NO COST TO THE TENANT;
  (VII) INCLUDE A STATEMENT SUBSTANTIATING ANY  ECONOMIC  ADVANTAGES  OF
SUBMETERING  OVER DIRECT UTILITY METERING AT THE PREMISES PROPOSED TO BE
SUBMETERED;
  (VIII) INCLUDE A DESCRIPTION OF THE TYPE OF SUBMETERING SYSTEM  TO  BE
INSTALLED AND A VALIDATION OF ITS RELIABILITY AND ACCURACY;
  (IX)  STATE  THE  METHOD  AND  BASIS FOR CALCULATING RATES TO TENANTS,
WHICH SHALL INCLUDE A  MAXIMUM  RATE  PROVISION  PREVENTING  CHARGES  TO
TENANTS  FROM  EXCEEDING THE TARIFFED RATES AND CHARGES FOR SERVICE FROM
THE LOCAL DISTRIBUTION UTILITY;
  (X) STATE COMPLAINT PROCEDURES AND TENANT PROTECTIONS CONSISTENT  WITH
THE HOME ENERGY FAIR PRACTICES ACT; AND
  (XI)  DEMONSTRATE  THAT  SATISFACTORY ARRANGEMENTS HAVE BEEN MADE WITH
THE LOCAL DEPARTMENT OF SOCIAL SERVICES TO  PROVIDE  CONTINUED  ELECTRIC
SERVICE  UPON  ACCEPTANCE OF VENDOR PAYMENT OF UTILITY ASSISTANCE GRANTS
IN ACCORDANCE WITH THE STATE PLAN FOR REGULAR AND EMERGENCY HOME  ENERGY
ASSISTANCE  UNDER  SECTION  NINETY-SEVEN OF THE SOCIAL SERVICES LAW, THE
EMERGENCY  UTILITY  ASSISTANCE  PROGRAM  UNDER   SECTION   ONE   HUNDRED
THIRTY-ONE-S  OF  THE  SOCIAL SERVICES LAW, AND IN ACCORDANCE WITH OTHER
PROVISIONS OF THE SOCIAL SERVICES LAW OR REGULATIONS OF  THE  OFFICE  OF
TEMPORARY  AND  DISABILITY  ASSISTANCE  RELATING  TO  UTILITY ASSISTANCE
PAYMENTS.
  (B) THE COMMISSION HOLDS A PUBLIC HEARING AT A LOCATION NEAR THE RESI-
DENTIAL RENTAL BUILDING AT LEAST THIRTY DAYS PRIOR  TO  THE  CONDITIONAL
AND FINAL APPROVAL OR DENIAL OF THE SUBMETERING APPLICATION.
  (C) THE APPLICANT INCLUDES WITH THE APPLICATION:
  (I)  FINDINGS  OF A STUDY COMMISSIONED BY THE APPLICANT OF THE THERMAL
CHARACTERISTICS OF THE BUILDING;
  (II) RECORDS OF THE LAST TWENTY-FOUR MONTHS OF  ELECTRICAL  USAGE  AND
CHARGES;
  (III) THE PROJECTED SUBMETERED RATES AT THE CURRENT USAGE RATE FOR THE
VARIOUS DWELLING UNIT TYPES THAT EXIST IN THE BUILDING;
  (IV)  A  PLAN TO REPLACE ALL NON-ENERGY STAR RATED APPLIANCES PROVIDED
BY THE APPLICANT TO THE TENANTS WITH ENERGY STAR RATED APPLIANCES.
  (D) THE APPLICANT PAYS ALL COSTS OF AN INDEPENDENT ENERGY ANALYSIS  OF
THE  BUILDING BY ONE OF THE CONSULTANTS CHOSEN BY THE TENANTS IF A GROUP
OF AT LEAST FIFTY PERCENT OF THE TENANTS OF RECORD REQUEST SUCH ANALYSIS
AND THE GROUP OF TENANTS PROVIDES TO THE APPLICANT AT LEAST  THREE  BIDS
FROM CONSULTANTS WHO CAN PERFORM SUCH ANALYSIS.
  2.  (A)  ALL  APPLICATIONS  FILED  PURSUANT  TO THE PROVISIONS OF THIS
SECTION SHALL BE SUBJECT TO A TWO-TIERED APPROVAL PROCESS BY THE COMMIS-
SION. INITIAL APPROVAL OF AN APPLICATION, IF GRANTED BY THE  COMMISSION,
SHALL  BE  GRANTED FOR A PERIOD OF ONE YEAR, AT WHICH TIME, THE APPROVAL
SHALL AUTOMATICALLY EXPIRE; PROVIDED THAT, WITHIN THREE MONTHS PRIOR  OR
SUBSEQUENT  TO  THE EXPIRATION OF THE GRANT OF CONDITIONAL APPROVAL, THE
APPLICANT MAY FILE FOR REVIEW OF THE  APPLICATION  FOR  THE  PURPOSE  OF
OBTAINING  FINAL  APPROVAL  OF THE APPLICATION. ANY APPLICANT FILING FOR
REVIEW FOR FINAL APPROVAL OF AN APPLICATION SHALL SUBMIT TO THE  COMMIS-
SION  A  LISTING  OF  THE  ACTUAL METERED USAGE RATES AND CHARGES TO THE

S. 5383--A                          3                         A. 7871--A

TENANTS DURING THE PERIOD OF THE CONDITIONAL APPROVAL  OF  THE  APPLICA-
TION.
  (B) ANY APPLICANT WHOSE APPLICATION FOR CONDITIONAL APPROVAL IS DENIED
BY  THE COMMISSION MAY RE-FILE AN APPLICATION NO EARLIER THAN SIX MONTHS
FOLLOWING THE DENIAL OF THE APPLICATION BY THE COMMISSION.
  (C) THE COMMISSION SHALL PROVIDE WRITTEN NOTICE TO AN APPLICANT OF ITS
DECISION REGARDING APPLICATIONS WITHIN THIRTY DAYS OF THE PUBLIC HEARING
REQUIRED BY SUBDIVISION ONE OF THIS SECTION. ALL DENIALS OF APPLICATIONS
SHALL STATE THE REASONS FOR THE DENIAL, SHALL SPECIFY THE  MEASURES  THE
APPLICANT MUST TAKE TO QUALIFY FOR APPROVAL OF THE APPLICATION AND SHALL
ADVISE  THE APPLICANT OF HIS OR HER RIGHT TO INVESTIGATION AND REVIEW OF
THE DENIAL OF THE APPLICATION IF THE APPLICANT CONSIDERS SUCH DENIAL  TO
BE WITHOUT JUSTIFICATION.
  S  2.  The  public  service  commission shall promulgate any rules and
regulations necessary for the implementation of this act on  its  effec-
tive date.
  S 3. This act shall take effect immediately.