S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7708
 
                             I N  S E N A T E
 
                             February 10, 2020
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the public service law, in relation to certain require-
   ments regarding billing for electric services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 66 of the public service law is amended by adding a
 new subdivision 29 to read as follows:
   29.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE COMMISSION SHALL
 PROMULGATE RULES AND REGULATIONS REGARDING METHODS OF DETERMINING DEMAND
 REQUIRING EACH ELECTRIC CORPORATION TO USE A DEMAND MEASURING DEVICE, OF
 A TYPE APPROVED BY THE COMMISSION, TO DETERMINE THE CHARGE FOR AN  ELEC-
 TRIC SERVICE, INCLUDING THE MINIMUM CHARGE, IF SUCH CHARGE IS IN ANY WAY
 DEPENDENT UPON THE DEMAND OF THE CUSTOMER WHENEVER:
   (A) THE DEMAND BILLED IS TEN KILOWATTS OR MORE; OR
   (B) THE TOTAL RATED CAPACITY OF THE CUSTOMER'S CURRENT USAGE IS TWELVE
 KILOWATTS OR MORE; OR
   (C)  THE  CUSTOMER'S  CONSUMPTION  HAS  EXCEEDED ONE THOUSAND KILOWATT
 HOURS PER MONTH IN TWO  CONSECUTIVE  MONTHS  DURING  THE  PRECEDING  TEN
 MONTHS.
   SUCH  REQUIREMENTS SHALL BE SUBJECT TO REASONABLE EXCEPTIONS AS DETER-
 MINED BY THE COMMISSION.
   § 2. Subdivision 14 of section  66  of  the  public  service  law,  as
 amended  by  chapter  696  of  the  laws  of 1936, is amended to read as
 follows:
   14. The commission shall have power to require  each  gas  corporation
 and  electric  corporation to establish classifications of service based
 upon the quantity used, the time when used, the purpose for which  used,
 the  duration of use and upon any other reasonable consideration, and to
 establish in connection therewith just and  reasonable  graduated  rates
 and  charges; and it shall have power, either upon complaint or upon its
 own motion, to require such changes in such classifications,  rates  and
 charges  as  it  shall  determine to be just and reasonable. Neither the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14558-02-0

 S. 7708                             2
 
 scheduled rates nor the minimum charge for residential customers  shall,
 after  July first, nineteen hundred thirty-seven, be based in any manner
 on the number of outlets, number of rooms, cubic or square foot area  or
 other such standards. SUCH CLASSIFICATIONS OF SERVICE SHALL BE INDICATED
 ON  EACH  CUSTOMER'S  BILL  FOR  ELECTRIC  SERVICE AND SHALL INCLUDE THE
 WEBSITE ADDRESS TO THE SPECIFIC PUBLIC SERVICE COMMISSION LEAF.
   § 3. Subdivision 1 of section 44 of the public service law,  as  added
 by chapter 713 of the laws of 1981, is amended to read as follows:
   1.  Every  utility corporation or municipality shall assure that bills
 for service  to  residential  AND  DEMAND-METERED  customers  adequately
 explain  the  charges  for  service in clear and understandable form and
 language AND SHALL INDICATE THE ACCOUNT NUMBER AND/OR METER  NUMBER  FOR
 THE  ACCOUNT  FOR  WHICH  SERVICE IS BEING CHARGED.  The commission may,
 from time to time, specify the form and content of such bills to further
 the objectives of this subdivision.    SUCH  BILL  SHALL  AT  A  MINIMUM
 INCLUDE  THE  QUANTITY  BILLED,  THE UNIT OF MEASUREMENT AND THE HIGHEST
 MEASUREMENT OF A SPECIFIC LINE  ITEM  AS  MEASURED  OVER  THE  PRECEDING
 FIFTY-TWO WEEK PERIOD, EXCEPT THE QUANTITY NEED NOT BE SHOWN FOR INTERIM
 BUDGET BILLING.
   § 4. Section 44 of the public service law is amended by adding two new
 subdivisions 6 and 7 to read as follows:
   6.  (A)  CUSTOMERS  THAT CURRENTLY RECEIVE ELECTRONIC DATA INTERCHANGE
 (EDI) BY PROTOCOLS APPROVED BY  THE  COMMISSION  SHALL  BE  EXEMPT  FROM
 RECEIVING  PRINTED  BILL  STATEMENTS IF SUCH CUSTOMER'S AGGREGATE ANNUAL
 DEMAND PER YEAR EXCEEDS THREE MW.
   (B) PRINTED BILL STATEMENTS SHALL NOT BE A REQUIREMENT  FOR  CUSTOMERS
 IF  (I)  BOTH SUCH CUSTOMER AND SUCH UTILITY CORPORATION OR MUNICIPALITY
 ARE STATE PUBLIC-BENEFIT CORPORATIONS AND (II) THE  STATEWIDE  FINANCIAL
 SYSTEM  RECEIVES  DETAILED ELECTRONIC INFORMATION THAT IS COMPLIANT WITH
 THE REQUIREMENTS OF SUCH SYSTEM.
   7. AT THE TIME THAT SERVICE IS INITIATED TO A RESIDENTIAL AND  DEMAND-
 METERED  CUSTOMER,  AND  FOR  EVERY BILL STATEMENT THEREAFTER, A UTILITY
 CORPORATION OR MUNICIPALITY SHALL PROVIDE EACH CUSTOMER  WITH  AN  ADDI-
 TIONAL  NOTICE  THAT LISTS THE INTERVAL AT WHICH DEMAND DELIVERY PEAK IS
 CALCULATED AND SHALL STATE THE FOLLOWING DISCLOSURE:
   "DEMAND-DELIVERY CHARGES CAN ACCOUNT  FOR  A  SIGNIFICANT  PORTION  OF
 ELECTRICITY  COSTS  AND  PRICES ARE SUBJECT TO MARKET VOLATILITY. DEMAND
 PEAKS (KW) MAY AFFECT YOUR BILLING OVER MULTIPLE BILLING CYCLES."
   § 5. The public service law is amended by adding a new section  54  to
 read as follows:
   §  54.  RESIDENTIAL  RENTAL BUILDING SUBMETERING.  FOR THE PURPOSES OF
 THIS SECTION, A "RESIDENTIAL RENTAL BUILDING"  SHALL  BE  DEFINED  AS  A
 BUILDING  WITH  AT LEAST FIVE RESIDENTIAL UNITS WHERE THE OWNER DOES NOT
 OCCUPY ALL OR A MAJORITY OF THE UNITS WITHIN THE BUILDING.  THE  COMMIS-
 SION  SHALL  PROMULGATE RULES AND REGULATIONS REGARDING SUBMETERING OF A
 RESIDENTIAL RENTAL BUILDING. SUCH RULES AND REGULATIONS  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO:
   1.  A  NOTICE  OF  INTENT  TO  SUBMETER  SHALL BE FILED WITH THE LOCAL
 DEPARTMENT OF SOCIAL SERVICES IN ADDITION TO ANY OTHER REQUIREMENTS  FOR
 SUCH NOTICE.
   2. IF AN APPLICATION TO CONVERT A BUILDING TO SUBMETERING IS APPROVED,
 THE APPLICANT SHALL NOTIFY TENANTS SIXTY DAYS PRIOR TO THE EXPIRATION OF
 A TENANT'S LEAVE OR AT THE TIME OF SIGNING A NEW LEASE FOR A NEW TENANT.
 SUBMETERING  FOR  ELECTRIC  SERVICE SHALL COMMENCE ONLY AFTER THE TENANT
 HAS ACKNOWLEDGED SUCH SUBMETERING FOR ELECTRIC SERVICE WILL OCCUR.

 S. 7708                             3
 
   3. A SUBMETERED ACCOUNT OF A  TENANT  OF  RECORD  CURRENTLY  RECEIVING
 PUBLIC  ASSISTANCE SHALL ONLY BE DISCONNECTED IF THE LOCAL DEPARTMENT OF
 SOCIAL SERVICES HAS CONFIRMED IN WRITING  THAT  THEY  HAVE  DECLINED  TO
 PROVIDE ASSISTANCE TO SUCH TENANT.
   §  6.  Subdivision 3 of section 38 of the public service law, as added
 by chapter 716 of the laws of 1985, is amended to read as follows:
   3. EVERY UTILITY CORPORATION OR MUNICIPALITY SHALL NOTIFY  RESIDENTIAL
 CUSTOMERS  IF THE UTILITY CORPORATION PROJECTS A SHORTFALL AT THE END OF
 THE LEVEL BILLING PERIOD. SUCH NOTICE SHALL OCCUR AT LEAST  NINETY  DAYS
 PRIOR TO THE END OF THE LEVEL BILLING PERIOD.
   4.  The  commission  may establish such terms and conditions for plans
 required under this section as it deems necessary or proper.
   § 7. This act shall take effect on the one hundred eightieth 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 are authorized to be  made  and
 completed on or before such date.