S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1979
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 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

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

                                                            LBD02311-01-1

 S. 1979                             2
 
 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
 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 52-a to
 read as follows:
   §  52-A. 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.

 S. 1979                             3
 
 SUBMETERING  FOR  ELECTRIC  SERVICE SHALL COMMENCE ONLY AFTER THE TENANT
 HAS ACKNOWLEDGED SUCH SUBMETERING FOR ELECTRIC SERVICE WILL OCCUR.
   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.