S T A T E O F N E W Y O R K
________________________________________________________________________
6150
I N S E N A T E
January 6, 2012
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Energy and Telecommu-
nications
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13482-02-2
S. 6150 2
1 3. THE COMMISSION SHALL DEVELOP A PROCEDURE FOR FILING THE SUBMETERING
2 FORMS, AS SET FORTH IN SUBDIVISIONS ONE AND TWO OF THIS SECTION, WITH
3 MUNICIPALITIES WHERE SUCH MUNICIPALITIES MAINTAIN A DATABASE READILY
4 AVAILABLE TO INSPECTORS PERFORMING DUTIES PURSUANT TO SUBDIVISION FOUR
5 OF THIS SECTION.
6 4. (A) FOR THE PURPOSE OF DETERMINING WHETHER A BUILDING IS SUPPLIED
7 BY A MASTER-METER OR A SUBMETER, AN INSPECTOR AUTHORIZED BY A UTILITY OR
8 MUNICIPALITY MAY ENTER THE COMMON AREA OF A RESIDENTIAL RENTAL BUILDING
9 SUPPLIED WITH GAS OR ELECTRICITY BY SUCH UTILITY OR MUNICIPALITY DURING
10 ANY NON-HOLIDAY WORK DAY BETWEEN EIGHT A.M. AND SIX P.M.
11 (B) SUCH INSPECTOR, UPON DISCOVERING A BUILDING IS SUBMETERED, SHALL
12 CONSULT THE DATABASE ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS
13 SECTION TO DETERMINE WHETHER THE OWNER OF SUCH BUILDING IS IN COMPLIANCE
14 WITH EITHER SUBDIVISION ONE OR TWO OF THIS SECTION.
15 5. IF AN INSPECTOR AUTHORIZED BY A UTILITY OR MUNICIPALITY DISCOVERS A
16 SUBMETERED BUILDING NOT IN COMPLIANCE WITH THIS SECTION, THE OWNER OF
17 SUCH BUILDING SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO
18 EXCEED FIVE THOUSAND DOLLARS.
19 S 2. This act shall take effect on the one hundred twentieth day after
20 it shall have become a law. Effective immediately, the addition, amend-
21 ment and/or repeal of any rule or regulation necessary for the implemen-
22 tation of this act on its effective date is authorized to be made on or
23 before such date.