S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1851
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend the public service law, in relation to permitting the
   rendering of an estimated bill from a utility corporation  or  munici-
   pality under certain circumstances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 39 of the public service  law,  as
 amended  by chapter 686 of the laws of 2002, is amended and a new subdi-
 vision 1-a is added to read as follows:
   1. A utility corporation or municipality may, in accordance with  such
 requirements as the commission may impose by regulation, render an esti-
 mated  bill  for  any  billing period if: (a) the procedure used by such
 utility  or  municipality  for  calculating  estimated  bills  has  been
 approved  by  the  commission, and the bill clearly indicates that it is
 based on an estimated reading and (b) the utility owning the  meter  and
 providing  the  meter  reading  data on which the estimated bill will be
 based or the municipality has made reasonable effort to obtain an actual
 meter reading or (c) circumstances beyond the control of the utility  or
 municipality  made an actual reading of the meter extremely difficult or
 (d) circumstances indicate a reported reading is likely to be erroneous,
 or (e) an estimated reading is prescribed or authorized by  the  commis-
 sion for a billing period between periods when actual meter readings are
 scheduled  or  for  seasonal  or  short term customers.   OUTSIDE OF THE
 AFOREMENTIONED CRITERIA FOR ESTIMATED BILLING PURSUANT TO THIS  SECTION,
 ALL  OTHER  BILLS SHALL USE ACTUAL METER READINGS, HOWEVER SUCH READINGS
 MAY BE OBTAINED.
   1-A. THE COMMISSION SHALL REQUIRE EACH UTILITY CORPORATION AND MUNICI-
 PALITY WITHIN SIX MONTHS TO SUBMIT TO THE COMMISSION A  MODEL  PROCEDURE
 FOR  THE CALCULATION OF ESTIMATED BILLS THAT INCORPORATES BEST PRACTICES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02154-01-3
              

 S. 1851                             2
 
 AND TECHNOLOGY AND ACCOUNTS FOR ANY BARRIERS TO THE USE OF ACTUAL  METER
 READINGS.  ON  OR  BEFORE  NOVEMBER FIRST, TWO THOUSAND TWENTY-FOUR, THE
 COMMISSION SHALL PROMULGATE RULES AND  REGULATIONS  TO  INCORPORATE  AND
 ADOPT SUCH MODEL PROCEDURES FOR UTILITY CORPORATIONS AND MUNICIPALITIES.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1851--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens.  HINCHEY,  LIU,  MURRAY, ROLISON -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Energy  and Telecommunications -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to third reading,  amended  and  ordered  reprinted,
   retaining  its  place  in the order of third reading -- recommitted to
   the Committee on Energy  and  Telecommunications  in  accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public service law, in relation  to  permitting  the
   rendering  of  an estimated bill from a utility corporation or munici-
   pality under certain circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 39 of the public service law, as
 amended by chapter 686 of the laws of 2002, is amended and a new  subdi-
 vision 1-a is added to read as follows:
   1.  A utility corporation or municipality may, in accordance with such
 requirements as the commission may impose by regulation, render an esti-
 mated bill for any billing period if: (a) the  procedure  used  by  such
 utility  or  municipality  for  calculating  estimated  bills  has  been
 approved by the commission, and the bill clearly indicates  that  it  is
 based  on  an estimated reading and (b) the utility owning the meter and
 providing the meter reading data on which the  estimated  bill  will  be
 based or the municipality has made reasonable effort to obtain an actual
 meter  reading or (c) circumstances beyond the control of the utility or
 municipality made an actual reading of the meter extremely difficult  or
 (d) circumstances indicate a reported reading is likely to be erroneous,
 or  (e)  an estimated reading is prescribed or authorized by the commis-
 sion for a billing period between periods when actual meter readings are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02154-06-4
              

 S. 1851--B                          2
 
 scheduled or for seasonal or short  term  customers.    OUTSIDE  OF  THE
 AFOREMENTIONED  CRITERIA FOR ESTIMATED BILLING PURSUANT TO THIS SECTION,
 ALL OTHER BILLS SHALL USE ACTUAL METER READINGS, HOWEVER  SUCH  READINGS
 MAY  BE  OBTAINED,  PROVIDED  THAT SUCH READINGS ARE TAKEN IN ACCORDANCE
 WITH THE PROVISIONS OF THIS SECTION.  TO  THE  EXTENT  PRACTICABLE,  ANY
 ADDITIONAL  COSTS  REQUIRED TO ACHIEVE ACTUAL METER READINGS PURSUANT TO
 THIS SUBDIVISION SHALL NOT BE PASSED ONTO THE CUSTOMER.
   1-A. THE COMMISSION SHALL REQUIRE EACH UTILITY CORPORATION AND MUNICI-
 PALITY WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION TO
 SUBMIT TO THE COMMISSION A MODEL PROCEDURE FOR THE CALCULATION OF  ESTI-
 MATED BILLS THAT INCORPORATES BEST PRACTICES AND TECHNOLOGY AND ACCOUNTS
 FOR  ANY  BARRIERS  TO  THE  USE  OF ACTUAL METER READINGS. ON OR BEFORE
 NOVEMBER FIRST, TWO THOUSAND TWENTY-FIVE, THE COMMISSION  SHALL  PROMUL-
 GATE  RULES  AND  REGULATIONS TO INCORPORATE AND ADOPT SUCH MODEL PROCE-
 DURES FOR UTILITY CORPORATIONS AND MUNICIPALITIES.
   § 2. This act shall take effect immediately.