Bill Text: NY A02604 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to application requirements for private or government entities that wish to provide electric service converting residential rental buildings from being mass-metered to submetered.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2020-01-08 - referred to energy [A02604 Detail]

Download: New_York-2019-A02604-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2604
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 24, 2019
                                       ___________
        Introduced  by M. of A. RODRIGUEZ, BLAKE, SEAWRIGHT, GOTTFRIED, PICHARDO
          -- Multi-Sponsored by -- M. of A. GLICK -- 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 being mass-metered to submetered
          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    § 53. Residential rental building  submetering.  1.  A  master-metered
     4  residential  rental  building  may  be converted to be submetered if the
     5  owner of the building files an application to convert  the  building  to
     6  submetering with the commission, provided that:
     7    (a)  The  applicant  applying  to  provide submetered electric service
     8  includes with the application a  procedure  for  notifying  in  writing,
     9  within  thirty  days  of filing the application with the commission, all
    10  tenants of record of the proposal to submeter. The notification shall:
    11    (i) include a summary of the information provided to the commission;
    12    (ii) inform tenants that a public comment period has commenced;
    13    (iii) state the date after which comments directed to  the  commission
    14  will no longer be accepted;
    15    (iv) prominently display the address and telephone number of the near-
    16  est public service commission office;
    17    (v)  state  the  date, time, and location of the public hearing set by
    18  the commission to hear testimony from the public;
    19    (vi) direct the  tenant  where  on  the  public  service  commission's
    20  website  the  entire  application can be viewed, as well as to provide a
    21  toll-free telephone number and address from which a tenant of record may
    22  request a copy of the complete application to be mailed to  such  tenant
    23  at no cost to the tenant;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07278-01-9

        A. 2604                             2
     1    (vii)  include  a  statement substantiating any economic advantages of
     2  submetering over direct utility metering at the premises proposed to  be
     3  submetered;
     4    (viii)  include  a description of the type of submetering system to be
     5  installed and a validation of its reliability and accuracy;
     6    (ix) state the method and basis  for  calculating  rates  to  tenants,
     7  which  shall  include  a  maximum  rate  provision preventing charges to
     8  tenants from exceeding the tariffed rates and charges for  service  from
     9  the local distribution utility;
    10    (x)  state complaint procedures and tenant protections consistent with
    11  the Home Energy Fair Practices Act; and
    12    (xi) demonstrate that satisfactory arrangements have  been  made  with
    13  the  local  department  of social services to provide continued electric
    14  service upon acceptance of vendor payment of utility  assistance  grants
    15  in  accordance with the state plan for regular and emergency home energy
    16  assistance under section ninety-seven of the social  services  law,  the
    17  emergency  utility  assistance program under section one hundred thirty-
    18  one-s  of  the  social  services  law,  and  in  accordance  with  other
    19  provisions  of  the  social services law or regulations of the office of
    20  temporary and  disability  assistance  relating  to  utility  assistance
    21  payments.
    22    (b) The commission holds a public hearing at a location near the resi-
    23  dential  rental  building  at least thirty days prior to the conditional
    24  and final approval or denial of the submetering application.
    25    (c) The applicant includes with the application:
    26    (i) findings of a study commissioned by the applicant of  the  thermal
    27  characteristics of the building;
    28    (ii)  records  of  the last twenty-four months of electrical usage and
    29  charges;
    30    (iii) the projected submetered rates at the current usage rate for the
    31  various dwelling unit types that exist in the building;
    32    (iv) a plan to replace all non-energy star rated  appliances  provided
    33  by the applicant to the tenants with energy star rated appliances.
    34    (d)  The applicant pays all costs of an independent energy analysis of
    35  the building by one of the consultants chosen by the tenants if a  group
    36  of at least fifty percent of the tenants of record request such analysis
    37  and  the  group of tenants provides to the applicant at least three bids
    38  from consultants who can perform such analysis.
    39    2. (a) All applications filed  pursuant  to  the  provisions  of  this
    40  section shall be subject to a two-tiered approval process by the commis-
    41  sion.  Initial approval of an application, if granted by the commission,
    42  shall be granted for a period of one year, at which time,  the  approval
    43  shall  automatically expire; provided that, within three months prior or
    44  subsequent to the expiration of the grant of conditional  approval,  the
    45  applicant  may  file  for  review  of the application for the purpose of
    46  obtaining final approval of the application. Any  applicant  filing  for
    47  review  for final approval of an application shall submit to the commis-
    48  sion a listing of the actual metered usage  rates  and  charges  to  the
    49  tenants  during  the  period of the conditional approval of the applica-
    50  tion.
    51    (b) Any applicant whose application for conditional approval is denied
    52  by the commission may re-file an application no earlier than six  months
    53  following the denial of the application by the commission.
    54    (c) The commission shall provide written notice to an applicant of its
    55  decision regarding applications within thirty days of the public hearing
    56  required by subdivision one of this section. All denials of applications

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     1  shall  state  the reasons for the denial, shall specify the measures the
     2  applicant must take to qualify for approval of the application and shall
     3  advise the applicant of his or her right to investigation and review  of
     4  the  denial of the application if the applicant considers such denial to
     5  be without justification.
     6    § 2. The public service commission  shall  promulgate  any  rules  and
     7  regulations  necessary  for the implementation of this act on its effec-
     8  tive date.
     9    § 3. This act shall take effect immediately.
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