NY State Senate Bill 2009-S5383

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2010	notice of committee consideration - withdrawn
May 03, 2010	notice of committee consideration - requested
Jan 06, 2010	referred to energy and telecommunications
May 27, 2009	print number 5383a
May 27, 2009	amend and recommit to energy and telecommunications
Apr 27, 2009	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2009-S5383 - Details

Current Committee:: Senate Energy And Telecommunications
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1398
2013-2014: S1227

2009-S5383 - Summary

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.

2009-S5383 - Sponsor Memo

                                 BILL NUMBER:  S5383

 TITLE OF BILL :
An act to amend the public service law, in relation to converting
residential rental buildings from being mass-metered to submetered


 PURPOSE OR GENERAL IDEA OF BILL :
To provide for a transparent procedure by which a private or
government entity applying for submeter a residential rental building
shall make certain facts of the building known that pertain to its
energy efficiency, require minimum improvements to the building for
energy efficiency, and provide for tenant input as the application is
considered by the Public Service Commission.

 SUMMARY OF SPECIFIC PROVISIONS :
The public service law is amended to:

-Provide that a master-metered residential rental building may be
converted to submetering if a private or government entity providing
electric services files an application with the Public Service
Commission and meets the conditions of this act;
-Requires the applicant to include in the application a procedure for
written notification to tenants of the proposal to submeter within 30
days of the application, the notification shall include: a summary of
the information provided to the commission, inform the tenants that a

public comment period has commenced, and indicate the length of that
comment period; the address and telephone number of the nearest
Commission office; the date, time, and location of a public hearing
set by the Commission to hear testimony from the public; where on the
Commission website the entire application can be viewed and how a copy
can be requested by mail; a statement stating the economic advantages
of submetering; a description of the submetering service that will be
installed; the method of calculating utility rates for tenants,
including information about the utility's tariffed residential rate
for directly metered service; describe compliant procedures and tenant
protections consistent with the Home Energy Fair Practice Act;
-Requires the Commission hold a public hearing near the residential
building at least 30 days prior to the conditional and final approval
or denial of the submetering application;
-Requires the applicant to provide to include in their application to
the Commission: findings of a study commissioned by the applicant of
the thermal characteristics of the building; records of the last
twenty-four months of electrical usage and charges; the projected
submetered rates tat the current usage rate for the various dwelling
types that exist in the building; a plan to replace all non-energy
star rated appliances provided by the applicant to energy-star rated
appliances; -The applicant shall pay all the costs of an independent
energy consultant chosen by the tenants if a group of at least 50% of
the tenants request such analysis and at least 3 bids are received by
the applicant;
-Act taking effect immediately.

 JUSTIFICATION :
In 1951, the Public Service Commission prohibited all residential
electric submetering, calling the practice "parasitic."  That decision
was held up in courts (Campo Corp.  v. Feinberg, 279 App. Div. 302 (3d
Dept. 1952) affirmed 303 N.Y. 995 (1952). As a consequence, utilities
were directed by the PSC to adopt electric tariffs broadly prohibiting
the resale of utility service.  The previously permitted landlord
submetering was converted to direct utility metering.

Subsequently, the practice of submetering was again allowed by the PSC
on a case by case basis, mainly for residential cooperative and
condominium projects, where tenants have an ownership and governance
interest. Public service commission regulations and numerous orders
have allowed landlords waivers from the general prohibition against
resale of utility service contained in commission regulations and
utility tariffs. As a result, landlords are being allowed to be
monopoly providers of electric service to their captive tenants.
Also, in many instances the state division of housing and community
renewal has allowed landlords who previously rented with utility
service included in the rent to change the terms of leases so as to
shift responsibility for payment of electric charges from landlords to
tenants.

To safeguard the rights of tenants, it is important to ensure that the
submetering application process is transparent and affords affected
residents the opportunity to comment on the application as well as
ensuring that the thermal characteristics of the building are known,
deficiencies in energy efficiency are reasonably mitigated, and that
there are checks in place to safeguard against tenants being unduly
burdened from unjust and unreasonable submetered charges.

 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Immedidately.

2009-S5383 - Bill Text download pdf

2009-S5383A (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1398
2013-2014: S1227

2009-S5383A (ACTIVE) - Summary

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.

2009-S5383A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5383A

 TITLE OF BILL :
An act to amend the public service law, in relation to converting
residential rental buildings from being mass-metered to submetered


 PURPOSE OR GENERAL IDEA OF BILL :
To provide for a transparent procedure by which a private or
government entity applying for submeter a residential rental building
shall make certain facts of the building known that pertain to its
energy efficiency, require minimum improvements to the building for
energy efficiency, and provide for tenant input as the application is
considered by the Public Service Commission.

 SUMMARY OF SPECIFIC PROVISIONS :
The public service law is amended to:

-Provide that a master-metered residential rental building may be
converted to submetering if a private or government entity providing
electric services files an application with the Public Service
Commission and meets the conditions of this act;
-Requires the applicant to include in the application a procedure for
written notification to tenants of the proposal to submeter within 30
days of the application, the notification shall include: a summary of
the information provided to the commission, inform the tenants that a

public comment period has commenced, and indicate the length of that
comment period; the address and telephone number of the nearest
Commission office; the date, time, and location of a public hearing
set by the Commission to hear testimony from the public; where on the
Commission website the entire application can be viewed and how a free
copy can be requested by mail as well as providing a toll free number
for making such requests; a statement stating any economic advantages
of submetering at the premisis; a description of the submetering
service that will be installed; the method of calculating utility
rates for tenants, including information about the utility's tariffed
residential rate for directly metered service; describe compliant
procedures and tenant protections consistent with the Home Energy Fair
Practice Act; demonstrate that arrangements have been made with the
local social services department to continue to provide electric
service upon acceptance of utility assistance grants.
-Requires the Commission hold a public hearing near the residential
building at least 30 days prior to the conditional and final approval
or denial of the submetering application;
-Requires the applicant to provide to include in their application to
the Commission: findings of a study commissioned by the applicant of
the thermal characteristics of the building; records of the last
twenty-four months of electrical usage and charges; the projected
submetered rates that the current usage rate for the various dwelling
types that exist in the building; a plan to replace all non-energy
star rated appliances provided by the applicant to energy-star rated
appliances;
-The applicant shall pay all the costs of an independent energy
consultant chosen by the tenants if a group of at least 50% of the
tenants request such analysis and at least 3 bids are received by the
applicant;
-Act taking effect immediately.

 JUSTIFICATION :
In 1951, the Public Service Commission prohibited all residential
electric submetering, calling the practice "parasitic."  That decision
was held up in courts (Campo Corp.  v. Feinberg, 279 App. Div. 302 (3d
Dept. 1952) affirmed 303 N.Y. 995 (1952). As a consequence, utilities
were directed by the PSC to adopt electric tariffs broadly prohibiting
the resale of utility service.  The previously permitted landlord
submetering was converted to direct utility metering.
Subsequently, the practice of submetering was again allowed by the PSC
on a case by case basis, mainly for residential cooperative and
condominium projects, where tenants have an ownership and governance
interest. Public service commission regulations and numerous orders
have allowed landlords waivers from the general prohibition against
resale of utility service contained in commission regulations and
utility tariffs. As a result, landlords are being allowed to be
monopoly providers of electric service to their captive tenants.
Also, in many instances the state division of housing and community
renewal has allowed landlords who previously rented with utility
service included in the rent to change the terms of leases so as to
shift responsibility for payment of electric charges from landlords to
tenants.

To safeguard the rights of tenants, it is important to ensure that the
submetering application process is transparent and affords affected
residents the opportunity to comment on the application as well as
ensuring that the thermal characteristics of the building are known,
deficiencies in energy efficiency are reasonably mitigated, and that
there are checks in place to safeguard against tenants being unduly
burdened from unjust and unreasonable submetered charges.

 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5383A (ACTIVE) - Bill Text download pdf

                            
                    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.

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Senate Bill S5383

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2009-S5383 - Details

2009-S5383 - Summary

2009-S5383 - Sponsor Memo

2009-S5383 - Bill Text download pdf

2009-S5383A (ACTIVE) - Details

2009-S5383A (ACTIVE) - Summary

2009-S5383A (ACTIVE) - Sponsor Memo

2009-S5383A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5383

Share this bill

Sponsored By

Bill Perkins

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

2009-S5383 - Details

2009-S5383 - Summary

2009-S5383 - Sponsor Memo

2009-S5383 - Bill Text download pdf

2009-S5383A (ACTIVE) - Details

2009-S5383A (ACTIVE) - Summary

2009-S5383A (ACTIVE) - Sponsor Memo

2009-S5383A (ACTIVE) - Bill Text download pdf

Comments