S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   763

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. GIBSON, CRESPO, STEVENSON -- Multi-Sponsored by
  -- M. of A. WEISENBERG -- 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:

  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. SUBMETERING PUBLIC  HEARING.  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.
  2.  SUCH  APPLICATION SHALL BE IN THE FORM AND MANNER TO BE DETERMINED
BY THE COMMISSION AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) A LIST OF ALL TENANTS OF RECORD SUBJECT TO THE PROPOSAL TO  SUBME-
TER;
  (B)  FINDINGS  OF A STUDY COMMISSIONED BY THE APPLICANT OF THE THERMAL
CHARACTERISTICS OF THE BUILDING;
  (C) RECORDS OF THE LAST TWENTY-FOUR MONTHS  OF  ELECTRICAL  USAGE  AND
CHARGES;
  (D)  THE  PROJECTED SUBMETERED RATES AT THE CURRENT USAGE RATE FOR THE
VARIOUS DWELLING UNIT TYPES THAT EXIST IN THE BUILDING; AND
  (E) A PLAN TO REPLACE ALL NON-ENERGY STAR RATED APPLIANCES PROVIDED BY
THE APPLICANT TO THE TENANTS WITH ENERGY STAR RATED APPLIANCES.
  3. THE COMMISSION SHALL NOTIFY ALL TENANTS, IN WRITING, OF SUCH APPLI-
CATION AND SHALL:
  (A) INCLUDE A SUMMARY OF THE INFORMATION PROVIDED TO THE COMMISSION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02062-01-3

              

A. 763                              2

  (B) INFORM TENANTS THAT A PUBLIC COMMENT PERIOD HAS COMMENCED, STATING
THE DATE AFTER WHICH COMMENTS DIRECTED TO THE COMMISSION WILL NO  LONGER
BE ACCEPTED;
  (C)  PROMINENTLY DISPLAY THE ADDRESS AND TELEPHONE NUMBER OF THE NEAR-
EST PUBLIC SERVICE COMMISSION OFFICE;
  (D) STATE THE DATE, TIME, AND LOCATION OF THE LOCAL PUBLIC HEARING SET
BY THE COMMISSION TO HEAR TESTIMONY FROM THE TENANTS;
  (E) 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;
  (F) INCLUDE A STATEMENT  SUBSTANTIATING  ANY  ECONOMIC  ADVANTAGES  OF
SUBMETERING  OVER DIRECT UTILITY METERING AT THE PREMISES PROPOSED TO BE
SUBMETERED;
  (G) INCLUDE A DESCRIPTION OF THE TYPE  OF  SUBMETERING  SYSTEM  TO  BE
INSTALLED AND A VALIDATION OF ITS RELIABILITY AND ACCURACY;
  (H) 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;
  (I) STATE COMPLIANT PROCEDURES AND TENANT PROTECTIONS CONSISTENT  WITH
THE HOME ENERGY FAIR PRACTICES ACT;
  (J)  INFORM  TENANTS ABOUT WAYS THEY CAN CONSERVE ENERGY TO KEEP THEIR
UTILITY BILLS DOWN; AND
  (K) 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.
  4. THE COMMISSION SHALL HOLD A PUBLIC HEARING AT A LOCATION  NEAR  THE
RESIDENTIAL  RENTAL  BUILDING  AT  LEAST THIRTY DAYS PRIOR TO THE CONDI-
TIONAL AND FINAL APPROVAL OR DENIAL OF THE SUBMETERING APPLICATION.
  5. THE APPLICANT SHALL PAY 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.
  6.  (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.

A. 763                              3

  (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  FOUR OF THIS SECTION. ALL DENIALS OF APPLICA-
TIONS 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.  This  act  shall take effect on the sixtieth day after it shall
have become a  law,  provided  that  effective  immediately  the  public
service  commission shall promulgate any rules and regulations necessary
for the implementation of this act on its effective date.