S T A T E O F N E W Y O R K
________________________________________________________________________
2449
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
___________
Introduced by M. of A. GIBSON -- read once and referred to the Committee
on Energy
AN ACT to amend the public service law, in relation to converting resi-
dential rental buildings from master-meters to submeters
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. SUBMETERING PUBLIC HEARING. 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.
2. SUCH APPLICATION SHALL BE IN THE FORM AND MANNER TO BE DETERMINED
BY THE COMMISSION AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) A LIST OF ALL TENANTS OF RECORD SUBJECT TO THE PROPOSAL TO SUBME-
TER;
(B) FINDINGS OF A STUDY COMMISSIONED BY THE APPLICANT OF THE THERMAL
CHARACTERISTICS OF THE BUILDING;
(C) RECORDS OF THE LAST TWENTY-FOUR MONTHS OF ELECTRICAL USAGE AND
CHARGES;
(D) THE PROJECTED SUBMETERED RATES AT THE CURRENT USAGE RATE FOR THE
VARIOUS DWELLING UNIT TYPES THAT EXIST IN THE BUILDING; AND
(E) A PLAN TO REPLACE ALL NON-ENERGY STAR RATED APPLIANCES PROVIDED BY
THE APPLICANT TO THE TENANTS WITH ENERGY STAR RATED APPLIANCES.
3. THE COMMISSION SHALL NOTIFY ALL TENANTS, IN WRITING, OF SUCH APPLI-
CATION AND SHALL:
(A) INCLUDE A SUMMARY OF THE INFORMATION PROVIDED TO THE COMMISSION;
(B) INFORM TENANTS THAT A PUBLIC COMMENT PERIOD HAS COMMENCED, STATING
THE DATE AFTER WHICH COMMENTS DIRECTED TO THE COMMISSION WILL NO LONGER
BE ACCEPTED;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04811-01-1
A. 2449 2
(C) PROMINENTLY DISPLAY THE ADDRESS AND TELEPHONE NUMBER OF THE NEAR-
EST PUBLIC SERVICE COMMISSION OFFICE;
(D) STATE THE DATE, TIME, AND LOCATION OF THE LOCAL PUBLIC HEARING SET
BY THE COMMISSION TO HEAR TESTIMONY FROM THE TENANTS;
(E) 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;
(F) INCLUDE A STATEMENT SUBSTANTIATING ANY ECONOMIC ADVANTAGES OF
SUBMETERING OVER DIRECT UTILITY METERING AT THE PREMISES PROPOSED TO BE
SUBMETERED;
(G) INCLUDE A DESCRIPTION OF THE TYPE OF SUBMETERING SYSTEM TO BE
INSTALLED AND A VALIDATION OF ITS RELIABILITY AND ACCURACY;
(H) 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;
(I) STATE COMPLIANT PROCEDURES AND TENANT PROTECTIONS CONSISTENT WITH
THE HOME ENERGY FAIR PRACTICES ACT;
(J) INFORM TENANTS ABOUT WAYS THEY CAN CONSERVE ENERGY TO KEEP THEIR
UTILITY BILLS DOWN; AND
(K) 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.
4. THE COMMISSION SHALL HOLD A PUBLIC HEARING AT A LOCATION NEAR THE
RESIDENTIAL RENTAL BUILDING AT LEAST THIRTY DAYS PRIOR TO THE CONDI-
TIONAL AND FINAL APPROVAL OR DENIAL OF THE SUBMETERING APPLICATION.
5. THE APPLICANT SHALL PAY 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.
6. (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
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.
A. 2449 3
(C) THE COMMISSION SHALL PROVIDE WRITTEN NOTICE TO AN APPLICANT OF ITS
DECISION REGARDING APPLICATIONS WITHIN THIRTY DAY OF THE PUBLIC HEARING
REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. ALL DENIALS OF APPLICA-
TIONS 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. This act shall take effect on the sixtieth day after it shall
have become law, provided that effective immediately the public service
commission shall promulgate any rules and regulations necessary for the
implementation of this act on its effective date.