Bill Text: NY A02449 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to requirements for converting residential rental buildings from master-meters to submeters; requires public hearing and comment period.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2012-01-04 - referred to energy [A02449 Detail]
Download: New_York-2011-A02449-Introduced.html
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: 1 Section 1. Section 53 of the public service law is renumbered section 2 54 and a new section 53 is added to read as follows: 3 S 53. SUBMETERING PUBLIC HEARING. 1. A MASTER-METERED RESIDENTIAL 4 RENTAL BUILDING MAY BE CONVERTED TO BE SUBMETERED IF THE OWNER OF THE 5 BUILDING FILES AN APPLICATION TO CONVERT THE BUILDING TO SUBMETERING 6 WITH THE COMMISSION. 7 2. SUCH APPLICATION SHALL BE IN THE FORM AND MANNER TO BE DETERMINED 8 BY THE COMMISSION AND SHALL INCLUDE, BUT NOT BE LIMITED TO: 9 (A) A LIST OF ALL TENANTS OF RECORD SUBJECT TO THE PROPOSAL TO SUBME- 10 TER; 11 (B) FINDINGS OF A STUDY COMMISSIONED BY THE APPLICANT OF THE THERMAL 12 CHARACTERISTICS OF THE BUILDING; 13 (C) RECORDS OF THE LAST TWENTY-FOUR MONTHS OF ELECTRICAL USAGE AND 14 CHARGES; 15 (D) THE PROJECTED SUBMETERED RATES AT THE CURRENT USAGE RATE FOR THE 16 VARIOUS DWELLING UNIT TYPES THAT EXIST IN THE BUILDING; AND 17 (E) A PLAN TO REPLACE ALL NON-ENERGY STAR RATED APPLIANCES PROVIDED BY 18 THE APPLICANT TO THE TENANTS WITH ENERGY STAR RATED APPLIANCES. 19 3. THE COMMISSION SHALL NOTIFY ALL TENANTS, IN WRITING, OF SUCH APPLI- 20 CATION AND SHALL: 21 (A) INCLUDE A SUMMARY OF THE INFORMATION PROVIDED TO THE COMMISSION; 22 (B) INFORM TENANTS THAT A PUBLIC COMMENT PERIOD HAS COMMENCED, STATING 23 THE DATE AFTER WHICH COMMENTS DIRECTED TO THE COMMISSION WILL NO LONGER 24 BE ACCEPTED; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04811-01-1 A. 2449 2 1 (C) PROMINENTLY DISPLAY THE ADDRESS AND TELEPHONE NUMBER OF THE NEAR- 2 EST PUBLIC SERVICE COMMISSION OFFICE; 3 (D) STATE THE DATE, TIME, AND LOCATION OF THE LOCAL PUBLIC HEARING SET 4 BY THE COMMISSION TO HEAR TESTIMONY FROM THE TENANTS; 5 (E) DIRECT THE TENANT WHERE ON THE PUBLIC SERVICE COMMISSION'S WEBSITE 6 THE ENTIRE APPLICATION CAN BE VIEWED, AS WELL AS TO PROVIDE A TOLL-FREE 7 TELEPHONE NUMBER AND ADDRESS FROM WHICH A TENANT OF RECORD MAY REQUEST A 8 COPY OF THE COMPLETE APPLICATION TO BE MAILED TO SUCH TENANT AT NO COST 9 TO THE TENANT; 10 (F) INCLUDE A STATEMENT SUBSTANTIATING ANY ECONOMIC ADVANTAGES OF 11 SUBMETERING OVER DIRECT UTILITY METERING AT THE PREMISES PROPOSED TO BE 12 SUBMETERED; 13 (G) INCLUDE A DESCRIPTION OF THE TYPE OF SUBMETERING SYSTEM TO BE 14 INSTALLED AND A VALIDATION OF ITS RELIABILITY AND ACCURACY; 15 (H) STATE THE METHOD AND BASIS FOR CALCULATING RATES TO TENANTS, WHICH 16 SHALL INCLUDE A MAXIMUM RATE PROVISION PREVENTING CHARGES TO TENANTS 17 FROM EXCEEDING THE TARIFFED RATES AND CHARGES FOR SERVICE FROM THE LOCAL 18 DISTRIBUTION UTILITY; 19 (I) STATE COMPLIANT PROCEDURES AND TENANT PROTECTIONS CONSISTENT WITH 20 THE HOME ENERGY FAIR PRACTICES ACT; 21 (J) INFORM TENANTS ABOUT WAYS THEY CAN CONSERVE ENERGY TO KEEP THEIR 22 UTILITY BILLS DOWN; AND 23 (K) DEMONSTRATE THAT SATISFACTORY ARRANGEMENTS HAVE BEEN MADE WITH THE 24 LOCAL DEPARTMENT OF SOCIAL SERVICES TO PROVIDE CONTINUED ELECTRIC 25 SERVICE UPON ACCEPTANCE OF VENDOR PAYMENT OF UTILITY ASSISTANCE GRANTS 26 IN ACCORDANCE WITH THE STATE PLAN FOR REGULAR AND EMERGENCY HOME ENERGY 27 ASSISTANCE UNDER SECTION NINETY-SEVEN OF THE SOCIAL SERVICES LAW, THE 28 EMERGENCY UTILITY ASSISTANCE PROGRAM UNDER SECTION ONE HUNDRED 29 THIRTY-ONE-S OF THE SOCIAL SERVICES LAW, AND IN ACCORDANCE WITH OTHER 30 PROVISIONS OF THE SOCIAL SERVICES LAW OR REGULATIONS OF THE OFFICE OF 31 TEMPORARY AND DISABILITY ASSISTANCE RELATING TO UTILITY ASSISTANCE 32 PAYMENTS. 33 4. THE COMMISSION SHALL HOLD A PUBLIC HEARING AT A LOCATION NEAR THE 34 RESIDENTIAL RENTAL BUILDING AT LEAST THIRTY DAYS PRIOR TO THE CONDI- 35 TIONAL AND FINAL APPROVAL OR DENIAL OF THE SUBMETERING APPLICATION. 36 5. THE APPLICANT SHALL PAY ALL COSTS OF AN INDEPENDENT ENERGY ANALYSIS 37 OF THE BUILDING BY ONE OF THE CONSULTANTS CHOSEN BY THE TENANTS IF A 38 GROUP OF AT LEAST FIFTY PERCENT OF THE TENANTS OF RECORD REQUEST SUCH 39 ANALYSIS AND THE GROUP OF TENANTS PROVIDES TO THE APPLICANT AT LEAST 40 THREE BIDS FROM CONSULTANTS WHO CAN PERFORM SUCH ANALYSIS. 41 6. (A) ALL APPLICATIONS FILED PURSUANT TO THE PROVISIONS OF THIS 42 SECTION SHALL BE SUBJECT TO A TWO-TIERED APPROVAL PROCESS BY THE COMMIS- 43 SION. INITIAL APPROVAL OF AN APPLICATION, IF GRANTED BY THE COMMISSION, 44 SHALL BE GRANTED FOR A PERIOD OF ONE YEAR, AT WHICH TIME, THE APPROVAL 45 SHALL AUTOMATICALLY EXPIRE; PROVIDED THAT, WITHIN THREE MONTHS PRIOR OR 46 SUBSEQUENT TO THE EXPIRATION OF THE GRANT OF CONDITIONAL APPROVAL, THE 47 APPLICANT MAY FILE FOR REVIEW OF THE APPLICATION FOR THE PURPOSE OF 48 OBTAINING FINAL APPROVAL OF THE APPLICATION. ANY APPLICANT FILING FOR 49 REVIEW FOR FINAL APPROVAL OF AN APPLICATION SHALL SUBMIT TO THE COMMIS- 50 SION A LISTING OF THE ACTUAL METERED USAGE RATES AND CHARGES TO THE 51 TENANTS DURING THE PERIOD OF THE CONDITIONAL APPROVAL OF THE APPLICA- 52 TION. 53 (B) ANY APPLICANT WHOSE APPLICATION FOR CONDITIONAL APPROVAL IS DENIED 54 BY THE COMMISSION MAY RE-FILE AN APPLICATION NO EARLIER THAN SIX MONTHS 55 FOLLOWING THE DENIAL OF THE APPLICATION BY THE COMMISSION. A. 2449 3 1 (C) THE COMMISSION SHALL PROVIDE WRITTEN NOTICE TO AN APPLICANT OF ITS 2 DECISION REGARDING APPLICATIONS WITHIN THIRTY DAY OF THE PUBLIC HEARING 3 REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. ALL DENIALS OF APPLICA- 4 TIONS SHALL STATE THE REASONS FOR THE DENIAL, SHALL SPECIFY THE MEASURES 5 THE APPLICANT MUST TAKE TO QUALIFY FOR APPROVAL OF THE APPLICATION AND 6 SHALL ADVISE THE APPLICANT OF HIS OR HER RIGHT TO INVESTIGATION AND 7 REVIEW OF THE DENIAL OF THE APPLICATION IF THE APPLICANT CONSIDERS SUCH 8 DENIAL TO BE WITHOUT JUSTIFICATION. 9 S 2. This act shall take effect on the sixtieth day after it shall 10 have become law, provided that effective immediately the public service 11 commission shall promulgate any rules and regulations necessary for the 12 implementation of this act on its effective date.