Bill Text: NY A09129 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to residential rental buildings and submetering; requires applicants and building owners currently submetering to file with public service commission and the appropriate municipality.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-25 - referred to energy [A09129 Detail]

Download: New_York-2011-A09129-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9129
                                 I N  A S S E M B L Y
                                   January 25, 2012
                                      ___________
       Introduced  by  M.  of  A.  CONTE, RAIA -- read once and referred to the
         Committee on Energy
       AN ACT to amend the public  service  law,  in  relation  to  residential
         rental buildings and submetering
         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
    2  section 54 and a new section 53 is added to read as follows:
    3    S 53. RESIDENTIAL RENTAL BUILDING SUBMETERING. 1. (A) A MASTER-METERED
    4  RESIDENTIAL  RENTAL  BUILDING  MAY  BE CONVERTED TO BE SUBMETERED IF THE
    5  OWNER OF THE BUILDING FILES AN APPLICATION WITH  THE  COMMISSION,  IN  A
    6  FORM  DEVELOPED BY THE COMMISSION, TO CONVERT SUCH BUILDING TO SUBMETER-
    7  ING AND THE COMMISSION APPROVED SUCH APPLICATION.
    8    (B) SUCH APPLICATION SHALL INCLUDE, BUT NOT BE LIMITED TO (I) INFORMA-
    9  TION DETAILING THE NEED FOR ADDITIONAL METER SERVICE, (II)  A  PROCEDURE
   10  FOR NOTIFYING, IN WRITING, WITHIN THIRTY DAYS OF FILING THE APPLICATION,
   11  ALL  TENANTS  OF  RECORD  OF  THE  PROPOSAL SUBMETER AND (III) ANY OTHER
   12  INFORMATION TO COMMISSION SHALL REQUIRE.
   13    (C) UPON APPROVAL OF SUCH APPLICATION, THE COMMISSION SHALL: (I) NOTI-
   14  FY, IN WRITING, THE  APPLICANT  OF  SUCH  DECISION  AND  (II)  FILE  THE
   15  APPROVED  APPLICATION FORM WITH THE APPROPRIATE MUNICIPALITY. SUCH MUNI-
   16  CIPALITY SHALL RETAIN SUCH FORM PURSUANT TO SUBDIVISION  THREE  OF  THIS
   17  SECTION.
   18    2.  (A)  ANY  RESIDENTIAL  RENTAL BUILDING CURRENTLY SUBMETERED SHALL,
   19  WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE  OF  THIS  SECTION,
   20  FILE WITH THE COMMISSION AND THE APPROPRIATE MUNICIPALITY A FORM, DEVEL-
   21  OPED  BY  THE  COMMISSION, DETAILING SUCH SUBMETERING. SUCH MUNICIPALITY
   22  SHALL RETAIN SUCH FORM PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   23    (B) SUCH FORM SHALL INCLUDE, BUT NOT BE LIMITED TO (I) HOW MANY METERS
   24  ARE OPERATING IN SUCH BUILDING, (II) THE REASON  FOR  SUCH  SUBMETERING,
   25  (III)  HOW  LONG  SUCH  BUILDING HAS BEEN SUBMETERED, AND (IV) ANY OTHER
   26  INFORMATION THE COMMISSION SHALL REQUIRE.
   27    3. THE COMMISSION SHALL DEVELOP A PROCEDURE FOR FILING THE SUBMETERING
   28  FORMS, AS SET FORTH IN SUBDIVISIONS ONE AND TWO OF  THIS  SECTION,  WITH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13482-02-2
       A. 9129                             2
    1  MUNICIPALITIES  WHERE  SUCH  MUNICIPALITIES  MAINTAIN A DATABASE READILY
    2  AVAILABLE TO INSPECTORS PERFORMING DUTIES PURSUANT TO  SUBDIVISION  FOUR
    3  OF THIS SECTION.
    4    4.  (A)  FOR THE PURPOSE OF DETERMINING WHETHER A BUILDING IS SUPPLIED
    5  BY A MASTER-METER OR A SUBMETER, AN INSPECTOR AUTHORIZED BY A UTILITY OR
    6  MUNICIPALITY MAY ENTER THE COMMON AREA OF A RESIDENTIAL RENTAL  BUILDING
    7  SUPPLIED  WITH GAS OR ELECTRICITY BY SUCH UTILITY OR MUNICIPALITY DURING
    8  ANY NON-HOLIDAY WORK DAY BETWEEN EIGHT A.M. AND SIX P.M.
    9    (B) SUCH INSPECTOR, UPON DISCOVERING A BUILDING IS  SUBMETERED,  SHALL
   10  CONSULT  THE  DATABASE ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS
   11  SECTION TO DETERMINE WHETHER THE OWNER OF SUCH BUILDING IS IN COMPLIANCE
   12  WITH EITHER SUBDIVISION ONE OR TWO OF THIS SECTION.
   13    5. IF AN INSPECTOR AUTHORIZED BY A UTILITY OR MUNICIPALITY DISCOVERS A
   14  SUBMETERED BUILDING NOT IN COMPLIANCE WITH THIS SECTION,  THE  OWNER  OF
   15  SUCH  BUILDING  SHALL  BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO
   16  EXCEED FIVE THOUSAND DOLLARS.
   17    S 2. This act shall take effect on the one hundred twentieth day after
   18  it shall have become a law. Effective immediately, the addition,  amend-
   19  ment and/or repeal of any rule or regulation necessary for the implemen-
   20  tation  of this act on its effective date is authorized to be made on or
   21  before such date.