S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2182--A
     Cal. No. 150
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sens. HINCHEY, MURRAY, ROLISON -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and  Telecommunications  -- reported favorably from said committee and
   committed to the Committee on Rules -- reported  favorably  from  said
   committee,  ordered to a third reading, passed by Senate and delivered
   to the Assembly, recalled, vote reconsidered, restored to third  read-
   ing,  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.  Subdivisions  1 and 2 of section 39 of the public service
 law, as amended by chapter 686 of the laws of 2002, are  amended  and  a
 new subdivision 1-a is added to read as follows:
   1.  (A)  A utility corporation or municipality may, in accordance with
 such requirements as the  commission  may  impose  by  regulation,  ONLY
 render an estimated bill for [any] A billing period if[: (a)] the proce-
 dure  used  by  such  utility  or municipality for calculating estimated
 bills has been approved by the commission, [and] the bill clearly  indi-
 cates  that  it is based on an estimated reading, and [(b)] AT LEAST ONE
 OF THE FOLLOWING CONDITIONS IS MET:
   (I) 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  AND  IS  UNABLE  TO
 OBTAIN ONE or [(c)]
   (II)  circumstances  beyond the control of the utility or municipality
 made an actual reading of the meter extremely difficult or [(d)]
   (III) circumstances indicate a reported reading is likely to be  erro-
 neous, or [(e)]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06267-03-5
 S. 2182--A                          2
 
   (IV)  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.
   (B)  IN  ADDITION  TO THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, A UTILITY CORPORATION OR MUNICIPALITY SHALL NOT ISSUE AN ESTIMATED
 BILL TO A CUSTOMER FOR ANY CONSECUTIVE BILLING PERIOD UNDER ANY  CIRCUM-
 STANCES,  UNLESS THE UTILITY IS UNABLE TO OBTAIN AN ACTUAL METER READING
 DUE TO (I) THE CUSTOMER'S FAILURE TO PROVIDE REASONABLE  ACCESS  TO  THE
 METER  FOR  AN ACTUAL READING, OR (II) A DECLARATION OF A STATE OF EMER-
 GENCY WHICH PREVENTS THE ABILITY TO OBTAIN AN ACTUAL METER READING.
   (C) OUTSIDE OF THE CRITERIA FOR RENDERING ESTIMATED  BILLING  PURSUANT
 TO THIS SECTION, ALL OTHER BILLS SHALL USE ACTUAL METER READINGS.
   (D)  A UTILITY CORPORATION OR MUNICIPALITY SHALL NOT CHARGE A CUSTOMER
 FOR ANY SUPPLY OR DELIVERY COSTS ASSOCIATED WITH AN ESTIMATED BILL  THAT
 DOES NOT COMPLY WITH THIS SECTION NOR BE ABLE TO RECOVER FROM ANY OF ITS
 CUSTOMERS ANY REVENUE THAT THE UTILITY IS PRECLUDED FROM COLLECTING FROM
 AN INDIVIDUAL CUSTOMER BY THIS SECTION.
   (E)  NOTHING  IN  THIS  SUBDIVISION  SHALL BE INTERPRETED OR OTHERWISE
 CONSTRUED AS PREEMPTING SETTLEMENTS WITH THE  COMMISSION  OR  DEPARTMENT
 THAT ARE MORE STRICT THAN THOSE CONTAINED IN THIS SUBDIVISION.
   (F)  FOR  THE PURPOSES OF THIS SUBDIVISION, A READING FROM AN ADVANCED
 METERING INFRASTRUCTURE ENABLED METER  SHALL  BE  CONSIDERED  AN  ACTUAL
 READING.
   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  REVISED MODEL FOR THE CALCULATION OF AND
 PROCEDURES FOR ESTIMATED BILLING THAT COMPLIES WITH THIS ARTICLE, INCOR-
 PORATES BEST PRACTICES AND TECHNOLOGY, AND ACCOUNTS FOR ANY BARRIERS  TO
 THE  USE  OF  ACTUAL  METER  READINGS. NO LATER THAN NOVEMBER FIRST, TWO
 THOUSAND TWENTY-SIX, THE COMMISSION SHALL  PROMULGATE  RULES  AND  REGU-
 LATIONS  TO  INCORPORATE  AND  ADOPT  SUCH  MODEL PROCEDURES FOR UTILITY
 CORPORATIONS AND MUNICIPALITIES.
   2. Where a utility corporation owning the meter  and  supplying  meter
 reading  data  for  a  bill  or a municipality fails to gain access to a
 meter [for a period of four months or two billing periods, whichever  is
 greater],  the corporation or municipality shall take reasonable actions
 to obtain an actual meter reading FOR  THE  SUBSEQUENT  BILLING  PERIOD.
 Such  additional  actions  may include, but not be limited to: making an
 appointment with the customer or such other person who  controls  access
 to  the  meter for a reading at a time other than within normal business
 hours, offering the customer the opportunity to [phone in a]  SUBMIT  AN
 ACTUAL  meter reading BY TELEPHONE OR ELECTRONIC TRANSMISSION, WHICH MAY
 INCLUDE SUBMISSION OF A PHOTOGRAPH OF SUCH METER READING, or providing a
 card to the customer on which [he or she] SUCH CUSTOMER may  record  the
 reading and mail it to the utility or municipality.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.