S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5458
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 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 demand delivery
   accounts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 66-u to read as follows:
   § 66-U. DEMAND DELIVERY. 1.   NOTWITHSTANDING ANY OTHER  PROVISION  OF
 LAW  TO  THE CONTRARY, EACH ELECTRIC CORPORATION SHALL RECLASSIFY DEMAND
 DELIVERY ACCOUNTS EVERY ONE HUNDRED TWENTY DAYS  AND  RESET  THE  DEMAND
 DELIVERY PEAK EVERY NINETY DAYS WHENEVER DEMAND IN KILOWATTS IS EQUAL OR
 LESS TO TWENTY-FIVE KILOWATTS IN THE IMMEDIATELY PRECEDING THREE HUNDRED
 SIXTY DAYS. SUCH RESETS OF THE DEMAND DELIVERY PEAK SHALL OCCUR WHEN THE
 ACTUAL  PEAK  DEMAND,  IN  KILOWATTS,  OF  THE  PREVIOUS NINETY DAYS HAS
 DECREASED AT LEAST THIRTY PERCENT AND ACTUAL KILOWATT-HOURS  CONSUMPTION
 OF  THE  PREVIOUS  NINETY  DAYS  HAS  DECREASED  AT LEAST THIRTY PERCENT
 COMPARED TO YEAR-OVER-YEAR USAGE.
   2. THE PROVISIONS OF THIS SECTION  SHALL  NOT  APPLY  TO  AN  ELECTRIC
 CORPORATION  OWNED BY THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, OR
 ANY MUNICIPALITY. AN ELECTRIC CORPORATION OWNED  BY  THE  STATE  OR  ANY
 POLITICAL   SUBDIVISION   THEREOF,  OR  ANY  MUNICIPALITY  MAY,  AT  ITS
 DISCRETION, RECLASSIFY DEMAND DELIVERY ACCOUNTS UNDER SUBDIVISION ONE OF
 THIS SECTION.
   3. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS  NECES-
 SARY FOR THE IMPLEMENTATION OF THIS SECTION.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09420-01-3
 S. 5458                             2
              

 
   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
 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  INDI-
 CATED ON EACH CUSTOMER'S BILL FOR ELECTRIC SERVICE AND SHALL INCLUDE THE
 WEBSITE ADDRESS TO THE SPECIFIC PUBLIC SERVICE COMMISSION LEAF.
   §  3.  Section 66 of the public service law is amended by adding a new
 subdivision 32 to read as follows:
   32. 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
 DETERMINED BY THE COMMISSION.
   §  4.  Section 67 of the public service law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. AN ELECTRIC CUSTOMER IS ALLOWED AT THEIR OWN EXPENSE  TO  INSTALL
 AN  ELECTRIC  METER  DOWNSTREAM  OF THE UTILITY-PROVIDED METER. THE ONLY
 METERS AUTHORIZED FOR SUCH PURPOSE SHALL BE ONES LISTED ON THE  APPROVED
 ELECTRIC  METER  LIST PROMULGATED BY THE DEPARTMENT. SUCH METER SHALL BE
 INSTALLED BY A NEW YORK LICENSED MASTER ELECTRICIAN. A DOWNSTREAM  METER
 INSTALLED  PURSUANT  TO  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE
 USED FOR UTILITY BILLING RECONCILIATION PURPOSES EXCEPT WHEN  AUTHORIZED
 IN WRITING BY THE DEPARTMENT.
   §  5.  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.
   § 6. Section 44 of the public service law is amended by adding two new
 subdivisions 7 and 8 to read as follows:
   7. (A) A CUSTOMER THAT CURRENTLY RECEIVES ELECTRONIC DATA  INTERCHANGE
 BY  PROTOCOLS  APPROVED BY THE COMMISSION SHALL BE EXEMPT FROM RECEIVING
 S. 5458                             3
 
 PRINTED BILL STATEMENTS IF SUCH CUSTOMER'S AGGREGATE ANNUAL  DEMAND  PER
 YEAR EXCEEDS THREE MEGAWATTS.
   (B)  PRINTED BILL STATEMENTS SHALL NOT BE A REQUIREMENT FOR A CUSTOMER
 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.
   8.  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."
   § 7. This act shall take effect immediately.