A734-2011 Actions

• Jan 4, 2012: referred to energy
• Jan 5, 2011: referred to energy

A734-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          734
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced by M. of A. KELLNER, HEVESI, MAISEL, ROSENTHAL -- Multi-Spon
 sored  by  -- M. of A.  BRENNAN, COOK, 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:

 

Section 1.

Section 53 of the public service law is renumbered  section
 54 and a new section 53 is added to read as follows:

 

S  53.  RESIDENTIAL  RENTAL  BUILDING SUBMETERING. 1. A MASTER-METERED
 RESIDENTIAL RENTAL BUILDING MAY BE CONVERTED TO  BE  SUBMETERED  IF  THE
 OWNER  OF  THE  BUILDING FILES AN APPLICATION TO CONVERT THE BUILDING TO
 SUBMETERING WITH THE COMMISSION, PROVIDED THAT:

 (A) THE APPLICANT APPLYING  TO  PROVIDE  SUBMETERED  ELECTRIC  SERVICE
 INCLUDES  WITH  THE  APPLICATION  A  PROCEDURE FOR NOTIFYING IN WRITING,
 WITHIN THIRTY DAYS OF FILING THE APPLICATION WITH  THE  COMMISSION,  ALL
 TENANTS OF RECORD OF THE PROPOSAL TO SUBMETER. THE NOTIFICATION SHALL:

 (I) INCLUDE A SUMMARY OF THE INFORMATION PROVIDED TO THE COMMISSION;
 (II) INFORM TENANTS THAT A PUBLIC COMMENT PERIOD HAS COMMENCED;
 (III)  STATE  THE DATE AFTER WHICH COMMENTS DIRECTED TO THE COMMISSION
 WILL NO LONGER BE ACCEPTED;
 (IV) PROMINENTLY DISPLAY THE ADDRESS AND TELEPHONE NUMBER OF THE NEAR
 EST PUBLIC SERVICE COMMISSION OFFICE;
 (V) STATE THE DATE, TIME, AND LOCATION OF THE PUBLIC  HEARING  SET  BY
 THE COMMISSION TO HEAR TESTIMONY FROM THE PUBLIC;
 (VI)  DIRECT  THE  TENANT  WHERE  ON  THE  PUBLIC SERVICE COMMISSION'S
 WEBSITE THE ENTIRE APPLICATION CAN BE VIEWED, AS WELL AS  TO  PROVIDE  A
 TOLL-FREE TELEPHONE NUMBER AND ADDRESS FROM WHICH A TENANT OF RECORD MAY
 REQUEST  A  COPY OF THE COMPLETE APPLICATION TO BE MAILED TO SUCH TENANT
 AT NO COST TO THE TENANT;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00669-01-1
 
       A. 734                              2
 (VII) INCLUDE A STATEMENT SUBSTANTIATING ANY  ECONOMIC  ADVANTAGES  OF
 SUBMETERING  OVER DIRECT UTILITY METERING AT THE PREMISES PROPOSED TO BE
 SUBMETERED;
 (VIII)  INCLUDE  A DESCRIPTION OF THE TYPE OF SUBMETERING SYSTEM TO BE
 INSTALLED AND A VALIDATION OF ITS RELIABILITY AND ACCURACY;
 (IX) STATE THE METHOD AND BASIS  FOR  CALCULATING  RATES  TO  TENANTS,
 WHICH  SHALL  INCLUDE  A  MAXIMUM  RATE  PROVISION PREVENTING CHARGES TO
 TENANTS FROM EXCEEDING THE TARIFFED RATES AND CHARGES FOR  SERVICE  FROM
 THE LOCAL DISTRIBUTION UTILITY;
 (X)  STATE COMPLAINT PROCEDURES AND TENANT PROTECTIONS CONSISTENT WITH
 THE HOME ENERGY FAIR PRACTICES ACT; AND
 (XI) DEMONSTRATE THAT SATISFACTORY ARRANGEMENTS HAVE  BEEN  MADE  WITH
 THE  LOCAL  DEPARTMENT  OF SOCIAL SERVICES TO PROVIDE CONTINUED ELECTRIC
 SERVICE UPON ACCEPTANCE OF VENDOR PAYMENT OF UTILITY  ASSISTANCE  GRANTS
 IN  ACCORDANCE WITH THE STATE PLAN FOR REGULAR AND EMERGENCY HOME ENERGY
 ASSISTANCE UNDER SECTION NINETY-SEVEN OF THE SOCIAL  SERVICES  LAW,  THE
 EMERGENCY   UTILITY   ASSISTANCE   PROGRAM  UNDER  SECTION  ONE  HUNDRED
 THIRTY-ONE-S OF THE SOCIAL SERVICES LAW, AND IN  ACCORDANCE  WITH  OTHER
 PROVISIONS  OF  THE  SOCIAL SERVICES LAW OR REGULATIONS OF THE OFFICE OF
 TEMPORARY AND  DISABILITY  ASSISTANCE  RELATING  TO  UTILITY  ASSISTANCE
 PAYMENTS.
 (B) THE COMMISSION HOLDS A PUBLIC HEARING AT A LOCATION NEAR THE RESI
 DENTIAL  RENTAL  BUILDING  AT LEAST THIRTY DAYS PRIOR TO THE CONDITIONAL
 AND FINAL APPROVAL OR DENIAL OF THE SUBMETERING APPLICATION.
 (C) THE APPLICANT INCLUDES WITH THE APPLICATION:

 (I) FINDINGS OF A STUDY COMMISSIONED BY THE APPLICANT OF  THE  THERMAL
 CHARACTERISTICS OF THE BUILDING;
 (II)  RECORDS  OF  THE LAST TWENTY-FOUR MONTHS OF ELECTRICAL USAGE AND
 CHARGES;
 (III) THE PROJECTED SUBMETERED RATES AT THE CURRENT USAGE RATE FOR THE
 VARIOUS DWELLING UNIT TYPES THAT EXIST IN THE BUILDING;
 (IV) A PLAN TO REPLACE ALL NON-ENERGY STAR RATED  APPLIANCES  PROVIDED
 BY THE APPLICANT TO THE TENANTS WITH ENERGY STAR RATED APPLIANCES.
 (D)  THE APPLICANT PAYS ALL COSTS OF AN INDEPENDENT ENERGY ANALYSIS OF
 THE BUILDING BY ONE OF THE CONSULTANTS CHOSEN BY THE TENANTS IF A  GROUP
 OF AT LEAST FIFTY PERCENT OF THE TENANTS OF RECORD REQUEST SUCH ANALYSIS
 AND  THE  GROUP OF TENANTS PROVIDES TO THE APPLICANT AT LEAST THREE BIDS
 FROM CONSULTANTS WHO CAN PERFORM SUCH ANALYSIS.
 2. (A) ALL APPLICATIONS FILED  PURSUANT  TO  THE  PROVISIONS  OF  THIS
 SECTION SHALL BE SUBJECT TO A TWO-TIERED APPROVAL PROCESS BY THE COMMIS
 SION.  INITIAL APPROVAL OF AN APPLICATION, IF GRANTED BY THE COMMISSION,
 SHALL BE GRANTED FOR A PERIOD OF ONE YEAR, AT WHICH TIME,  THE  APPROVAL
 SHALL  AUTOMATICALLY EXPIRE; PROVIDED THAT, WITHIN THREE MONTHS PRIOR OR
 SUBSEQUENT TO THE EXPIRATION OF THE GRANT OF CONDITIONAL  APPROVAL,  THE
 APPLICANT  MAY  FILE  FOR  REVIEW  OF THE APPLICATION FOR THE PURPOSE OF
 OBTAINING FINAL APPROVAL OF THE APPLICATION. ANY  APPLICANT  FILING  FOR
 REVIEW  FOR FINAL APPROVAL OF AN APPLICATION SHALL SUBMIT TO THE COMMIS
 SION A LISTING OF THE ACTUAL METERED USAGE  RATES  AND  CHARGES  TO  THE
 TENANTS  DURING  THE  PERIOD OF THE CONDITIONAL APPROVAL OF THE APPLICA
 TION.
 (B) ANY APPLICANT WHOSE APPLICATION FOR CONDITIONAL APPROVAL IS DENIED
 BY THE COMMISSION MAY RE-FILE AN APPLICATION NO EARLIER THAN SIX  MONTHS
 FOLLOWING THE DENIAL OF THE APPLICATION BY THE COMMISSION.
 (C) THE COMMISSION SHALL PROVIDE WRITTEN NOTICE TO AN APPLICANT OF ITS
 DECISION REGARDING APPLICATIONS WITHIN THIRTY DAYS OF THE PUBLIC HEARING
 REQUIRED BY SUBDIVISION ONE OF THIS SECTION. ALL DENIALS OF APPLICATIONS
 
       A. 734                              3
 SHALL  STATE  THE REASONS FOR THE DENIAL, SHALL SPECIFY THE MEASURES THE
 APPLICANT MUST TAKE TO QUALIFY FOR APPROVAL OF THE APPLICATION AND SHALL
 ADVISE THE APPLICANT OF HIS OR HER RIGHT TO INVESTIGATION AND REVIEW  OF
 THE  DENIAL OF THE APPLICATION IF THE APPLICANT CONSIDERS SUCH DENIAL TO
 BE WITHOUT JUSTIFICATION.
 

S 2. The public service commission  shall  promulgate  any  rules  and
 regulations  necessary  for the implementation of this act on its effec
 tive date.
 

S 3. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!