NY State Senate Bill 2011-S6150

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2012	referred to energy and telecommunications

2011-S6150 (ACTIVE) - Details

See Assembly Version of this Bill:: A9129
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Ren §53 to be §54, add §53, Pub Serv L

2011-S6150 (ACTIVE) - Summary

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

2011-S6150 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6150

TITLE OF BILL:
An act
to amend the public service law, in relation to residential rental
buildings and submetering

PURPOSE:
This legislation would create a residential rental building
submetering registration system.

SUMMARY OF PROVISIONS:
Section 53 of the public service law is
renumbered section 54 and a new section 53 is added to create an
application process to convert a property to submetering. Such
application will include information detailing the need for
submetering, a process notifying tenants and any other information
the Commissioner shall require.

Upon approval the commissioner shall notify the applicant and the
affected municipality. The Commission will develop a procedure for
filing the submetering forms with municipalities for the purposes of
the municipality to maintain a database readily available to
inspectors performing their duties.

If an inspector discovers a submetered building not in compliance, the

owner of such building will be subject to a civil penalty in an
amount not to exceed five thousand dollars.

JUSTIFICATION:
Illegal and or substandard housing is a serious
problem. Too often properties are over occupied and it is difficult
for enforcement to legally identify and address these code violations.

This legislation will create a new tool in an effort to increase
compliance with housing laws. The bill will create an application
process and database establishment that can be used by local
municipality inspectors as the conduct their inspections.

An owner found to not be in compliance with the submetering
requirements provided for in the legislation will face a $5000 civil
penalty.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 120th day after it
shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date is authorized to be made on or before such date.

2011-S6150 (ACTIVE) - Bill Text download pdf

                            
                    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:

  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) A MASTER-METERED
RESIDENTIAL  RENTAL  BUILDING  MAY  BE CONVERTED TO BE SUBMETERED IF THE
OWNER OF THE BUILDING FILES AN APPLICATION WITH  THE  COMMISSION,  IN  A
FORM  DEVELOPED BY THE COMMISSION, TO CONVERT SUCH BUILDING TO SUBMETER-
ING AND THE COMMISSION APPROVED SUCH APPLICATION.
  (B) SUCH APPLICATION SHALL INCLUDE, BUT NOT BE LIMITED TO (I) INFORMA-
TION DETAILING THE NEED FOR ADDITIONAL METER SERVICE, (II)  A  PROCEDURE
FOR NOTIFYING, IN WRITING, WITHIN THIRTY DAYS OF FILING THE APPLICATION,
ALL  TENANTS  OF  RECORD  OF  THE  PROPOSAL SUBMETER AND (III) ANY OTHER
INFORMATION TO COMMISSION SHALL REQUIRE.
  (C) UPON APPROVAL OF SUCH APPLICATION, THE COMMISSION SHALL: (I) NOTI-
FY, IN WRITING, THE  APPLICANT  OF  SUCH  DECISION  AND  (II)  FILE  THE
APPROVED  APPLICATION FORM WITH THE APPROPRIATE MUNICIPALITY. SUCH MUNI-
CIPALITY SHALL RETAIN SUCH FORM PURSUANT TO SUBDIVISION  THREE  OF  THIS
SECTION.
  2.  (A)  ANY  RESIDENTIAL  RENTAL BUILDING CURRENTLY SUBMETERED SHALL,
WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE  OF  THIS  SECTION,
FILE WITH THE COMMISSION AND THE APPROPRIATE MUNICIPALITY A FORM, DEVEL-
OPED  BY  THE  COMMISSION, DETAILING SUCH SUBMETERING. SUCH MUNICIPALITY
SHALL RETAIN SUCH FORM PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B) SUCH FORM SHALL INCLUDE, BUT NOT BE LIMITED TO (I) HOW MANY METERS
ARE OPERATING IN SUCH BUILDING, (II) THE REASON  FOR  SUCH  SUBMETERING,
(III)  HOW  LONG  SUCH  BUILDING HAS BEEN SUBMETERED, AND (IV) ANY OTHER
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

  3. THE COMMISSION SHALL DEVELOP A PROCEDURE FOR FILING THE SUBMETERING
FORMS, AS SET FORTH IN SUBDIVISIONS ONE AND TWO OF  THIS  SECTION,  WITH
MUNICIPALITIES  WHERE  SUCH  MUNICIPALITIES  MAINTAIN A DATABASE READILY
AVAILABLE TO INSPECTORS PERFORMING DUTIES PURSUANT TO  SUBDIVISION  FOUR
OF THIS SECTION.
  4.  (A)  FOR THE PURPOSE OF DETERMINING WHETHER A BUILDING IS SUPPLIED
BY A MASTER-METER OR A SUBMETER, AN INSPECTOR AUTHORIZED BY A UTILITY OR
MUNICIPALITY MAY ENTER THE COMMON AREA OF A RESIDENTIAL RENTAL  BUILDING
SUPPLIED  WITH GAS OR ELECTRICITY BY SUCH UTILITY OR MUNICIPALITY DURING
ANY NON-HOLIDAY WORK DAY BETWEEN EIGHT A.M. AND SIX P.M.
  (B) SUCH INSPECTOR, UPON DISCOVERING A BUILDING IS  SUBMETERED,  SHALL
CONSULT  THE  DATABASE ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION TO DETERMINE WHETHER THE OWNER OF SUCH BUILDING IS IN COMPLIANCE
WITH EITHER SUBDIVISION ONE OR TWO OF THIS SECTION.
  5. IF AN INSPECTOR AUTHORIZED BY A UTILITY OR MUNICIPALITY DISCOVERS A
SUBMETERED BUILDING NOT IN COMPLIANCE WITH THIS SECTION,  THE  OWNER  OF
SUCH  BUILDING  SHALL  BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO
EXCEED FIVE THOUSAND DOLLARS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.

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Senate Bill S6150

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2011-S6150 (ACTIVE) - Details

2011-S6150 (ACTIVE) - Summary

2011-S6150 (ACTIVE) - Sponsor Memo

2011-S6150 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6150

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Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2011-S6150 (ACTIVE) - Details

2011-S6150 (ACTIVE) - Summary

2011-S6150 (ACTIVE) - Sponsor Memo

2011-S6150 (ACTIVE) - Bill Text download pdf

Comments