S T A T E   O F   N E W   Y O R K
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                                  1851--A
     Cal. No. 231
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens.  HINCHEY,  LIU,  MURRAY  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and  Telecommunications  --  reported  favorably  from said committee,
   ordered to first and second report, ordered to a third reading, passed
   by Senate and delivered to the Assembly, recalled, vote  reconsidered,
   restored  to  third  reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02154-05-3
 S. 1851--A                          2
 
 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 TO SUBMIT TO THE COMMISSION A MODEL PROCEDURE
 FOR THE CALCULATION OF ESTIMATED 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-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.