NY State Senate Bill 2025-S10530

Current 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2026	referred to energy and telecommunications

2025-S10530 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §52-a, Pub Serv L

2025-S10530 (ACTIVE) - Summary

Requires an owner or submeterer of a building to eliminate any submetering problems in a timely manner; imposes responsibility for all the shared area charges for service measured to areas outside of the dwelling, unless there is an agreement to the contrary; prohibits the waiver of such provision; provides a complaint process.

2025-S10530 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S10530

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the public service law, in relation to electric service
to tenants provided through submeters

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill imposes specific provisions to ensure that tenants who receive
their electricity through third party electric submetering companies are
able to request a test of their meter if they suspect it is mistakenly
registering a reading of their energy usage that is erroneously high.
The bill creates specific protocols that owners must follow regarding
tenant billing when a faulty meter is discovered. It also requires
owners and/or submeterers to conduct an investigation no later than 30
days after receiving a request from a tenant and sets parameters for who
and how these tests are conducted.  The bill outlines penalties for
owners who fail to follow the testing protocols and requirements for
addressing submetering problems once they are found.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the public service law by adding a new section 52-a.

52-a-1: Definitions

52-a-2: Requires owners or submeterers to eliminate any submetering
problems in a timely manner and deems them responsible for all shared
area charges for service measured in areas outside of the dwelling.
Also allows the owner to enter into a mutually acceptable agreement with
the tenant in lieu of eliminating the problem.

52-a-3: Ensures that the provisions of the section cannot be waived by
an owner nor affect any lease in effect on or before this section goes
into effect.

52-a-4: Sets time limits by when an owner must inform the PSC of a
tenant complaint and an investigation must be conducted. If the owner
fails to conduct an investigation, the PSC will then be responsible for
doing so. This investigation would include tests of wiring and equipment
and a review of billing records, and must be conducted by a licensed
electrician with no financial interest in the owner or building. As part
of this review, the PSC would confirm that the sum of all bills paid for
electric service by units in submetered buildings is equal to the bill
paid by the owner to the utility. A submetered tenant who requests such
an investigation will be provided with a written determination of the
investigation's findings. Establishes that failure by an owner to
conduct an investigation or to provide access for a meter test shall
result in the determination that the submeter problem is founded.  Also
establishes a process to appeal the finding of a meter test for both the
customer and/or owner.

52-a-5: Establishes that the PSC shall be responsible for verifying that
the owner has properly addressed any founded submeter problems after 120
days by either eliminating the problem or entering into a mutually
acceptable agreement. If the owner has failed to do so, the commissions
shall establish an account in the owner's name as the customer of record
for service to shared areas. This section also asserts that the owner or
submeterer will refund to the customer an estimated amount to cover any
erroneous charges going back twelve months.

52-a-6: Owner or submeter may not try to recover from a customer any
submeter problem charges or charges refunded that were placed upon them.

52-a-7: PSC will determine what constitutes too minimal of an amount of
service measured outside of the customer's dwelling to consider a subme-
ter problem.

Section 2: This act shall take effect on Jan 1 following its passage as
a law.

 
JUSTIFICATION:

As electrical submetering has become more commonplace in our state, the
legislative framework to regulate this technology has lagged behind. For
many New Yorkers, a new submetering system has come into their lives at
the same time that electricity costs have increased dramatically due to
a nationwide affordability crisis that has hit our state especially
hard, with New York residents on average seeing a 58% increase in their
electricity bills since 2019.1

As we face this affordability crisis, the last thing New Yorkers need
are erroneous additional costs added on to their utility bills each
month due to faulty electrical submetering technology. However, because
of the limited scope of existing submeter testing laws, many submetered
customers have no way of discovering if their additional electric costs
are being correctly measured or not. For submetered customers, disentan-
gling which costs may be coming from a faulty submeter and which are due
to a general rise in utility costs requires a legislative framework that
mandates stricter testing and bill investigations, and this law seeks to
create that.

When submetering customers suspect they are being overcharged, often
their complaints are not treated with the proper level of urgency by
their property owner and/or submetering company (submeterer). Since the
responsibility to conduct a test of the customer's submeter lies with
the owner or submeterer, customers frequently report the tests that end
up being performed as lackluster. A common story is that this test is
something as inconclusive as plugging a hairdryer into an outlet and
measuring that there is indeed electricity being registered by the
customer's submeter.

However, in situations where an individual dwelling's submeter is erro-
neously recording electricity usage from outside of the dwelling, such
as a common area or a neighboring unit, this hair dryer test is insuffi-
cient. In these so-called "shared meter conditions," a more comprehen-
sive test, where all electric appliances in the apartment are paused for
long enough to determine if there is an electricity source outside of
the dwelling being registered to the submeter, is required. By directly
stipulating that submetering tests requested by a customer must include
an examination of electricity used not only within the dwelling, but
also "in areas outside the dwelling," this act will result in more
comprehensive test results for submetering customers who suspect a
shared meter condition.

This act also sets a requirement that a submetered customer who requests
an investigation receive a written determination of the findings of the
investigation. The notice will also provide instructions on how to
appeal the determination with the PSC if they feel the need to do so.
This aspect of this act will help to close the information gap between
submetered customers and owners/submeterers. Frequently, submetered
customers who have requested tests report never having received any
determination. The ones that do receive a summary of the investigation
simply report learning that the test was performed and that their subme-
ter is in working order no further details. There is a clear need for
more detailed explanations from submeter tests, and this act will ensure
that those are provided.

Lastly, by enacting requirements for specific, common-sense accounting
investigations for customers who suspect a high bill, this act would
better ensure bills that have reached levels that are obviously unrea-
sonable and unexplainable are identified as part of a high bill investi-
gation and adequately reported to them.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This bill is effective January 1st following its passage as law.
1 https://www.empirecenterorg/Dublications/ new-yorks-residents-hit-
with-record-electricity-prices/

2025-S10530 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10530
 
                             I N  S E N A T E
 
                               May 19, 2026
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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 electric service
   to tenants provided through submeters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The public service law is amended by adding a new section
 52-a to read as follows:
   § 52-A. ELECTRIC SERVICE TO TENANTS PROVIDED THROUGH SUBMETERS. 1.  AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   (A)  "OWNER"  MEANS  AND  INCLUDES THE OWNER, OWNERS, OR AGENTS OF THE
 FREEHOLD OF THE PREMISES OR LESSER ESTATE THEREIN, MORTGAGEE  OR  VENDEE
 IN  POSSESSION,  ASSIGNEE OF RENTS, RECEIVER, EXECUTOR, TRUSTEE, LESSEE,
 AGENT, OR ANY OTHER PERSON, FIRM OR CORPORATION, DIRECTLY OR  INDIRECTLY
 IN CONTROL OF A DWELLING.
   (B)  "SUBMETERER"  MEANS  ANY MULTI-UNIT RESIDENTIAL PREMISES OWNER OR
 UTILITY CUSTOMER OF RECORD WHO PURCHASES ELECTRICITY FOR DELIVERY BY THE
 UTILITY TO THE PREMISES AND FACILITATES THE SALE  OR  REDISTRIBUTION  OF
 SUCH ELECTRICITY FOR USE BY THE PREMISES OCCUPANTS WHOSE UNITS ARE SEPA-
 RATELY METERED AND BILLED BASED ON THE MEASUREMENT OF ELECTRICITY USE IN
 EACH  OCCUPANT'S  UNIT.  ANY  ENTITY ACTING ON BEHALF OF SUCH OWNER THAT
 ARRANGES FOR THE INSTALLATION OF SUBMETERS AND THE BILLING OF SUBMETERED
 USAGE TO INDIVIDUAL RESIDENTS SHALL BE CONSIDERED THE AGENT OF THE SUBM-
 ETERER. THE SUBMETERER MAY ENGAGE THE SERVICES OF A SUBMETERING  SERVICE
 PROVIDER TO INSTALL METERS, READ METERS AND/OR HANDLE BILLING.
   (C)  "SUBMETERING"  MEANS  A  SYSTEM OF MEASURING ELECTRICITY USE IN A
 RESIDENTIAL UNIT IN A MASTER-METERED MULTI-UNIT RESIDENTIAL PREMISES  BY
 MEANS OF A SUBMETER INSTALLED ON THE WIRING TO EACH RESIDENTIAL UNIT.
   (D)  "DWELLING"  MEANS  ANY  BUILDING  OR STRUCTURE OR PORTION THEREOF
 WHICH IS OCCUPIED IN WHOLE OR IN PART AS THE HOME,  APARTMENT  RESIDENCE
 OR  SLEEPING  PLACE OF ONE OR MORE HUMAN BEINGS, INCLUDING ANY EQUIPMENT
 LOCATED OUTSIDE SUCH BUILDING OR STRUCTURE OR PORTION THEREOF  WHICH  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15511-02-6
 S. 10530                            2
 
 UNDER THE EXCLUSIVE USE AND CONTROL OF THE OCCUPANT, AND IS EITHER RENT-
 ED,  LEASED,  LET  OR  HIRED  OUT, TO BE OCCUPIED, OR IS OCCUPIED AS THE
 RESIDENCE OR HOME OF ONE OR MORE PERSONS.
   (E)  "UTILITY"  MEANS  ANY  GAS OR ELECTRIC CORPORATION AND/OR MUNICI-
 PALITY PROVIDING SERVICE TO RESIDENTIAL CUSTOMERS.
   (F) "SUBMETERED UNIT" MEANS ANY TENANT, OR TENANTS WHO RENT A DWELLING
 FROM AN OWNER THAT IS SERVED BY A SUBMETER.
   (G) "EXTRAORDINARY COST" MEANS THE COST, AS DETERMINED BY A  QUALIFIED
 PROFESSIONAL,  OF INSTALLING EQUIPMENT NECESSARY TO ELIMINATE A SUBMETER
 IN A DWELLING OR PORTION THEREOF WHICH IS IN EXCESS  OF  THE  AMOUNT  OF
 RENT FOR FOUR MONTHS RENTAL OF SUCH DWELLING. THE COMMISSION SHALL ADOPT
 ADDITIONAL  RULES  FOR DETERMINING EXTRAORDINARY COST BASED UPON WHETHER
 THE AMOUNT OF SERVICE MEASURED BY THE  SHARED  METER  THAT  IS  UTILIZED
 OUTSIDE  THE  SHARED  METER CUSTOMER'S DWELLING IS SUFFICIENT TO WARRANT
 THE COST OF SUCH INSTALLATION.
   (H) "LEGAL IMPEDIMENT" MEANS A  RESTRICTION  WHICH  PREVENTS  SEPARATE
 METERING,  REWIRING,  OR  RE-PIPING DUE TO ZONING ORDINANCES WHICH LIMIT
 THE NUMBER OR TYPE OR LOCATION OF METERS IN A BUILDING  OR  DUE  TO  THE
 HISTORICAL   SIGNIFICANCE   OF   THE   STRUCTURE  OR  SUCH  OTHER  LEGAL
 RESTRICTIONS AS DETERMINED BY THE COMMISSION IN ITS RULES.
   (I) "SHARED AREA CHARGES" MEANS THAT PORTION  OF  CHARGES  BILLED  FOR
 SERVICE TO AREAS OUTSIDE THE SUBMETERED DWELLINGS THAT ARE FOR NONEXCLU-
 SIVE USE BY TENANTS.
   (J)  "THIRD-PARTY  CHARGE"  MEANS  THAT  A  THIRD-PARTY  WHOSE UTILITY
 SERVICE WAS TO BE MEASURED THROUGH ANOTHER METER HAD CAUSED OR  BENEFIT-
 TED FROM A SUBMETER CONDITION.
   2. (A) AN OWNER OR SUBMETERER SHALL ELIMINATE ANY SUBMETERING PROBLEMS
 IN  A  TIMELY  MANNER  AND  SHALL BE RESPONSIBLE FOR ALL THE SHARED AREA
 CHARGES FOR SERVICE MEASURED TO AREAS OUTSIDE OF  THE  DWELLING,  UNLESS
 THERE  IS AN AGREEMENT PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVI-
 SION.
   (B) (I) IN THE EVENT THAT A LEGAL  IMPEDIMENT  OR  EXTRAORDINARY  COST
 PREVENTS  ELIMINATION  OF A SUBMETERING PROBLEM OR IN THE EVENT THAT THE
 PROBLEM MEASURED THROUGH THE ELECTRIC SUBMETER IS MINIMAL, UNDER COMMIS-
 SION RULES ADOPTED, PURSUANT TO SUBDIVISION SEVEN OF THIS  SECTION,  THE
 OWNER,  AS AN ALTERNATIVE TO ELIMINATING THE SUBMETER PROBLEM, MAY ENTER
 INTO A MUTUALLY ACCEPTABLE WRITTEN AGREEMENT WITH THE SUBMETER CUSTOMER.
 WHERE APPLICABLE, IF A THIRD-PARTY CHARGE SHALL OCCUR, FOR  APPORTIONING
 THE  CHARGES  FOR  SERVICE  MEASURED  THROUGH  A  SUBMETER; THE SUBMETER
 CUSTOMER EXPERIENCING SUCH PROBLEM SHALL  PAY  ONLY  FOR  THE  ESTIMATED
 AMOUNT OF SERVICE PROVIDED TO THE DWELLING; OR
   (II)  IN THE EVENT THAT THERE IS AN EXISTING WRITTEN AGREEMENT BETWEEN
 THE OWNER AND ALL SUBMETERED UNITS FOR THE APPORTIONMENT OF CHARGES  FOR
 SHARED AREA CHARGES AS MEASURED PRIOR TO OCTOBER TWENTY-FOURTH, NINETEEN
 HUNDRED  NINETY-ONE,  SUCH  AGREEMENT  WILL  REMAIN IN EFFECT, PROVIDED,
 HOWEVER, THAT ONE OR ALL OF THE SUBMETERED UNITS MAY REQUEST THE COMMIS-
 SION OR ITS DESIGNEE TO REVIEW THE EXISTING WRITTEN  AGREEMENT  IF  SUCH
 CUSTOMER  BELIEVES  THE TERMS ARE UNFAIR, UNREASONABLE, OR IF THERE IS A
 FINDING THAT THE SHARED AREA CHARGES DO NOT MEET THE TERMS OF THE AGREE-
 MENT. IF THE COMMISSION OR ITS DESIGNEE FINDS  THAT  THE  TERMS  OF  THE
 EXISTING WRITTEN AGREEMENT ARE UNFAIR OR UNREASONABLE, THE COMMISSION OR
 ITS DESIGNEE SHALL VOID SUCH AGREEMENT AND ASSIST THE INTERESTED PARTIES
 IN NEGOTIATING AND EXECUTING A MUTUALLY ACCEPTABLE WRITTEN AGREEMENT.
   (C)  (I)  IN THE EVENT THAT A MUTUALLY ACCEPTABLE WRITTEN AGREEMENT IS
 NEGOTIATED AND EXECUTED, THE OWNER SHALL PROVIDE A COPY OF THE AGREEMENT
 TO ALL PARTIES.
 S. 10530                            3
 
   (II) IF THE INTERESTED PARTIES ARE  UNABLE  TO  NEGOTIATE  A  MUTUALLY
 ACCEPTABLE  WRITTEN  AGREEMENT,  THE  COMMISSION OR ITS DESIGNEE, UPON A
 COMPLAINT BY A CUSTOMER OR OWNER, SHALL ORDER A REMEDY, CONSISTENT  WITH
 THE  RELIEF PROVIDED IN THIS SECTION, AS IT DEEMS PROPER. THE COMMISSION
 OR  ITS DESIGNEE SHALL HAVE THE AUTHORITY TO APPORTION ESTIMATED CHARGES
 FOR SERVICE MEASURED THROUGH A SUBMETER AMONG THE OWNER, AND ALL  SUBME-
 TERED UNITS.
   3.  THE PROVISIONS OF THIS SECTION: (A) MAY NOT BE WAIVED BY AN OWNER,
 TENANT, OR UTILITY; AND (B) SHALL NOT AFFECT THE VALIDITY OF A LEASE  OR
 RENTAL  AGREEMENT  IN  EFFECT  ON  OR  BEFORE THE EFFECTIVE DATE OF THIS
 SECTION. FOR PURPOSES OF THIS SECTION, RENEWALS AND EXTENSIONS OF LEASES
 AND RENTAL AGREEMENTS THAT COMMENCE AFTER THE  EFFECTIVE  DATE  OF  THIS
 SECTION SHALL BE DEEMED TO BE NEW LEASES AND RENTAL AGREEMENTS.
   4. (A) UPON A CUSTOMER'S VERBAL OR WRITTEN COMPLAINT TO THE OWNER THAT
 A  SUBMETER  IS MEASURING SERVICE TO THE CUSTOMER'S DWELLING INCORRECTLY
 AND THAT THE CUSTOMER IS RESPONSIBLE FOR ANY INCORRECT CHARGES FOR  SUCH
 SERVICE,  OR UPON RECEIPT OF OTHER INFORMATION INDICATING THAT A PROBLEM
 MAY EXIST, THE OWNER SHALL NOTIFY THE PUBLIC SERVICE COMMISSION IN WRIT-
 ING NO LESS THAN FIVE DAYS AFTER SUCH COMPLAINT IS MADE  OR  RECEIPT  OF
 INFORMATION  INDICATING  THAT  A PROBLEM EXISTS. THE OWNER OR SUBMETERER
 SHALL ALSO PROVIDE A COPY OF SUCH NOTICE TO  THE  COMPLAINANT.  IF  SUCH
 OWNER  IS  NOT  THE  SUBMETERER  OR IN CONTROL OF THE METERS AND RELATED
 EQUIPMENT NOTICE SHALL ALSO BE PROVIDED TO SUCH METERING  UTILITY.  UPON
 THE  REQUEST  OF A SUBMETERED UNIT, OR UPON AN INDICATION THAT A PROBLEM
 MAY EXIST, SUCH OWNER OR SUBMETERER SHALL IMMEDIATELY, BUT NO LATER THAN
 THIRTY-DAYS AFTER SUCH PROBLEM WAS IDENTIFIED, CONDUCT AN INVESTIGATION.
   (B) (I) THE INVESTIGATION DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVI-
 SION  SHALL BE CONDUCTED, WITHIN THIRTY BUSINESS DAYS OF THE DATE OF THE
 COMPLAINT OR RECEIPT OF INFORMATION INDICATING A PROBLEM MAY EXIST.  THE
 INVESTIGATION SHALL INCLUDE, BUT NOT BE LIMITED TO, CONDUCTING APPROPRI-
 ATE  TESTS,  AN EXAMINATION OF WIRING, PIPING, METERS AND HEATING EQUIP-
 MENT IN THE BUILDING AS MAY BE NEEDED, AN ESTIMATE OF  GAS,  ELECTRICITY
 OR STEAM USED IN THE SUBMETERED CUSTOMER'S DWELLING AND IN AREAS OUTSIDE
 THE DWELLING, AND A REVIEW OF BILLING RECORDS, AND A REVIEW OF THE TOTAL
 BILL  PAID  BY ALL SUBMETERED UNITS TO THE OWNER AND THE TOTAL BILL PAID
 TO THE UTILITY BY THE OWNER OR SUBMETERER.
   (II) ANY INVESTIGATION CONDUCTED PURSUANT TO THIS SUBDIVISION SHALL BE
 PERFORMED BY A LICENSED ELECTRICIAN OR PROFESSIONAL ENGINEER. SUCH INDI-
 VIDUAL SHALL BE INDEPENDENT AND NOT AN EMPLOYEE OF, NOR  HAVE  A  DIRECT
 FINANCIAL INTEREST IN, THE OWNER, SUBMETERER, OR ANY SUBMETERING SERVICE
 PROVIDER RESPONSIBLE FOR BILLING AT THE PREMISES.
   (C)  EACH  SUBMETERED  UNIT  SHALL BE PROVIDED WITH A WRITTEN DETERMI-
 NATION OF THE FINDINGS OF SUCH INVESTIGATION. A NOTICE SHALL BE INCLUDED
 WITH THE DETERMINATION INFORMING THE RECIPIENTS OF THE  AVAILABILITY  OF
 THE  COMMISSION'S  COMPLAINT  HANDLING  PROCEDURES,  AND  PROVIDING  THE
 DEPARTMENT'S ADDRESS AND TELEPHONE NUMBER FOR FILING OBJECTIONS TO  SUCH
 DETERMINATION.
   (D)  FAILURE OF AN OWNER OR SUBMETERER TO CONDUCT AN INVESTIGATION, TO
 PROVIDE ACCESS TO ANY COMMON AREA IN THE BUILDING OR TO  COOPERATE  WITH
 ANY REASONABLE REQUEST MADE BY THE COMMISSION OR SUBMETER TESTING ORGAN-
 IZATION  SHALL  RESULT  IN  A DETERMINATION THAT THE CUSTOMER'S SUBMETER
 PROBLEM IS FOUNDED. THE OWNER SHALL BE REQUIRED TO  PROVIDE  CREDITS  TO
 RESIDENTS  FOR SUCH OVERCHARGES PLUS INTEREST AS CONSISTENT WITH SECTION
 ONE HUNDRED EIGHTEEN OF THIS CHAPTER AND WITH 16 NYCRR § 145.
   (E) (I) ANY CUSTOMER FILING  A  COMPLAINT  UNDER  THIS  SECTION  SHALL
 PROVIDE  REASONABLE  ACCESS TO THE DWELLING TO CONDUCT THE INVESTIGATION
 S. 10530                            4
 
 DESCRIBED HEREIN. THE OWNER OR SUBMETERER SHALL MAKE GOOD FAITH  EFFORTS
 TO  SCHEDULE  AND  CONDUCT  THE INVESTIGATION IN A MANNER THAT MINIMIZES
 DISRUPTION TO THE CUSTOMER.
   (II)  AN  OWNER  OR  SUBMETERER  MAY  SUBMIT  A WRITTEN REQUEST TO THE
 COMMISSION THAT AN INVESTIGATION BE SUSPENDED FOR FAILURE  TO  COOPERATE
 IF THE CUSTOMER FILING A COMPLAINT HAS UNREASONABLY REFUSED ACCESS AFTER
 A  MINIMUM  OF  THREE  GOOD  FAITH  ATTEMPTS TO SCHEDULE AND CONDUCT THE
 INVESTIGATION. THE OWNER OR SUBMETERER  SHALL  NOTIFY  THE  CUSTOMER  IN
 WRITING  OF  ANY REQUEST FOR SUSPENSION AND SHALL PROVIDE THE COMMISSION
 DOCUMENTATION IN SUPPORT OF SUCH  EFFORTS.  FOR  THE  PURPOSES  OF  THIS
 SUBPARAGRAPH,  DOCUMENTATION  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE
 DATES, TIMES, AND METHODS OF COMMUNICATION FOR EACH ATTEMPT.
   (III) AN INVESTIGATION MAY BE SUSPENDED FOR FAILURE TO COOPERATE  ONLY
 UPON  A WRITTEN DETERMINATION BY THE COMMISSION OR ITS DESIGNEE THAT THE
 CUSTOMER HAS UNREASONABLY REFUSED ACCESS  AFTER  DOCUMENTED  GOOD  FAITH
 EFFORTS BY THE OWNER OR SUBMETERER. THE OWNER OR SUBMETERER SHALL NOTIFY
 THE  CUSTOMER  IN  WRITING  OF ANY DETERMINATION ISSUED PURSUANT TO THIS
 PARAGRAPH.
   (F) ANY CUSTOMER FILING A COMPLAINT UNDER THIS SECTION  OR  OWNER  WHO
 DISAGREES  WITH  A  DETERMINATION MAY UTILIZE THE COMMISSION'S COMPLAINT
 HANDLING PROCEDURES TO OBTAIN A WRITTEN  DEPARTMENTAL  DETERMINATION  BY
 COMPLAINING  TO  THE  DEPARTMENT WITHIN FORTY-FIVE DAYS AFTER RECEIPT OF
 THE METER TEST FINDINGS. IN THE EVENT THAT THE METER TEST AS A RESULT OF
 A COMPLAINT UNDER THIS SECTION WITHIN DOES NOT OCCUR UNDER THE  REQUIRED
 TIME PERIOD, THE DEPARTMENT SHALL INVESTIGATE, UPON THE SUBMETER CUSTOM-
 ER'S  OR OWNER'S REQUEST, AND ISSUE A WRITTEN DETERMINATION. THE COMMIS-
 SION OR ITS DESIGNEE SHALL HAVE THE  AUTHORITY  TO  APPORTION  ESTIMATED
 CHARGES  FOR  SERVICE MEASURED BY A SHARED METER AMONG THE OWNER, SHARED
 METER CUSTOMER AND ANY THIRD-PARTY.
   5. NOTWITHSTANDING ANY INCONSISTENT  PROVISION  OF  LAW,  ONE  HUNDRED
 TWENTY DAYS AFTER NOTICE IS SENT TO THE OWNER THAT METER TEST OR COMMIS-
 SION  HAS MADE A FINAL DETERMINATION THAT A SUBMETER CUSTOMER'S DWELLING
 IS IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION:
   (A) THE COMMISSION SHALL VERIFY THAT, PURSUANT TO SUBDIVISION  TWO  OF
 THIS  SECTION,  THE  OWNER  HAS  ELIMINATED  THE SUBMETER PROBLEM OR HAS
 ENTERED INTO A MUTUALLY ACCEPTABLE WRITTEN AGREEMENT WITH THE SUBMETERED
 UNITS FOR APPORTIONING THE CHARGES FOR SERVICE MEASURED BY THE SUBMETER-
 ER AND HAS PROVIDED A COPY TO EACH DWELLING OR,  AS  AN  ALTERNATIVE  TO
 ELIMINATING  THE SUBMETER PROBLEM, HAS ESTABLISHED A SEPARATE ACCOUNT IN
 THE OWNER'S NAME AS THE CUSTOMER OF RECORD  FOR  ALL  APPLICABLE  SHARED
 AREA  CHARGES AND ALL FUTURE SERVICE MEASURED RESULTING FROM SHARED AREA
 CHARGES;
   (B) IF THE OWNER HAS NOT ELIMINATED THE PROBLEM OR ENTERED  INTO  SUCH
 AGREEMENT OR ESTABLISHED SUCH ACCOUNT OR IF THE AMOUNT OF THE SERVICE IS
 NOT MINIMAL UNDER COMMISSION RULES ADOPTED PURSUANT TO SUBDIVISION SEVEN
 OF  THIS  SECTION,  THE  COMMISSION  SHALL  ESTABLISH  AN ACCOUNT IN THE
 OWNER'S NAME AS THE CUSTOMER OF RECORD FOR SERVICE  MEASURED  TO  SHARED
 AREAS  AND BILL THE OWNER FOR ALL APPLICABLE SHARED AREA CHARGES AND ALL
 FUTURE SERVICE MEASURED; PROVIDED, HOWEVER, THAT THE COMMISSION  OR  ITS
 DESIGNEE  MAY  GRANT  AN EXTENSION NOT TO EXCEED NINETY DAYS TO AN OWNER
 IF, IN ITS JUDGMENT, EXTENUATING CIRCUMSTANCES BEYOND AN OWNER'S CONTROL
 PREVENTED TIMELY COMPLIANCE, OR SUCH METER IS THE SUBJECT OF AN  ONGOING
 DEPARTMENT  REVIEW  REGARDING  THE  APPORTIONMENT  OF  ESTIMATED CHARGES
 PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (C)  OF  SUBDIVISION  TWO  OF
 THIS  SECTION. NOTICE OF SUCH EXTENSION SHALL BE PROVIDED TO EACH SUBME-
 TERED UNIT WITHIN THE BUILDING;
 S. 10530                            5
 
   (C) THE OWNER OR SUBMETERER SHALL REFUND TO THE SUBMETER  CUSTOMER  AN
 ESTIMATED  AMOUNT  OF  EXCESS  CHARGES  FOR TWELVE MONTHS OF ALL SERVICE
 MEASURED AS A RESULT OF THE SUBMETER PROBLEM, NOT LIMITED TO SHARED AREA
 CHARGES OR THIRD-PARTY INVOLVEMENT; PROVIDED, HOWEVER, THAT  THIS  PARA-
 GRAPH  SHALL  NOT  APPLY  IF  CHARGES ARE MINIMAL UNDER COMMISSION RULES
 ADOPTED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
   6. NO OWNER OR SUBMETERER  MAY  BILL  A  SUBMETER  UNIT  OR  OTHERWISE
 RECOVER FROM ANY CUSTOMER ANY PORTION OF THE SUBMETER PROBLEM CHARGES OR
 CHARGES  REFUNDED.  THE  OWNER  OR  SUBMETERER  MAY ENTER INTO A WRITTEN
 AGREEMENT WITH ALL PARTIES PURSUANT TO SECTION TWO OR RESOLVE ANY SUBME-
 TERING PROBLEMS IN COMPLIANCE WITH SECTION ONE HUNDRED EIGHTEEN OF  THIS
 CHAPTER AND WITH 16 NYCRR PART 96.
   7.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE
 COMMISSION SHALL DETERMINE AN  APPROPRIATE  QUANTITY  OF  SERVICE  ON  A
 SUBMETER THAT IS UTILIZED OUTSIDE OF THE CUSTOMER'S DWELLING WHICH IS TO
 BE CONSIDERED MINIMAL IN COMMISSION THROUGH RULES AND REGULATIONS.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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Senate Bill S10530

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Current Bill Status - In Senate Committee Energy And Telecommunications Committee

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2025-S10530 (ACTIVE) - Details

2025-S10530 (ACTIVE) - Summary

2025-S10530 (ACTIVE) - Sponsor Memo

2025-S10530 (ACTIVE) - Bill Text download pdf

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Sponsored By

Liz Krueger

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S10530 (ACTIVE) - Details

2025-S10530 (ACTIVE) - Summary

2025-S10530 (ACTIVE) - Sponsor Memo

2025-S10530 (ACTIVE) - Bill Text download pdf

Comments