S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2182
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 permitting the
   rendering of an estimated bill from a utility corporation  or  munici-
   pality under certain circumstances

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section 39 of  the  public  service
 law,  as  amended  by chapter 686 of the laws of 2002, are amended and a
 new subdivision 1-a is added to read as follows:
   1. (A) A utility corporation or municipality may, in  accordance  with
 such  requirements  as  the  commission  may  impose by regulation, ONLY
 render an estimated bill for [any] A billing period if[: (a)] the proce-
 dure used by such utility  or  municipality  for  calculating  estimated
 bills  has been approved by the commission, [and] the bill clearly indi-
 cates that it is based on an estimated reading, and [(b)] AT  LEAST  ONE
 OF THE FOLLOWING CONDITIONS IS MET:
   (I)  the utility owning the meter and providing the meter reading data
 on which the estimated bill will be based or the municipality  has  made
 reasonable  effort  to  obtain  an actual meter reading AND IS UNABLE TO
 OBTAIN ONE or [(c)]
   (II) circumstances beyond the control of the utility  or  municipality
 made an actual reading of the meter extremely difficult or [(d)]
   (III)  circumstances indicate a reported reading is likely to be erro-
 neous, or [(e)]
   (IV) an estimated reading is prescribed or authorized by  the  commis-
 sion for a billing period between periods when actual meter readings are
 scheduled or for seasonal or short term customers.
   (B)  IN  ADDITION  TO THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, A UTILITY CORPORATION OR MUNICIPALITY SHALL NOT ISSUE AN ESTIMATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06267-01-5
              

 S. 2182                             2
 
 BILL TO A CUSTOMER FOR ANY CONSECUTIVE BILLING PERIOD UNDER ANY  CIRCUM-
 STANCES,  UNLESS THE UTILITY IS UNABLE TO OBTAIN AN ACTUAL METER READING
 DUE TO (I) THE CUSTOMER'S FAILURE TO PROVIDE REASONABLE  ACCESS  TO  THE
 METER  FOR  AN ACTUAL READING, OR (II) A DECLARATION OF A STATE OF EMER-
 GENCY WHICH PREVENTS THE ABILITY TO OBTAIN AN ACTUAL METER READING.
   (C) OUTSIDE OF THE CRITERIA FOR RENDERING ESTIMATED  BILLING  PURSUANT
 TO THIS SECTION, ALL OTHER BILLS SHALL USE ACTUAL METER READINGS.
   (D)  A UTILITY CORPORATION OR MUNICIPALITY SHALL NOT CHARGE A CUSTOMER
 FOR ANY SUPPLY OR DELIVERY COSTS ASSOCIATED WITH AN ESTIMATED BILL  THAT
 DOES NOT COMPLY WITH THIS SECTION NOR BE ABLE TO RECOVER FROM ANY OF ITS
 CUSTOMERS ANY REVENUE THAT THE UTILITY IS PRECLUDED FROM COLLECTING FROM
 AN  INDIVIDUAL  CUSTOMER  BY  THIS  SECTION. NOTHING IN THIS SUBDIVISION
 SHALL BE INTERPRETED OR OTHERWISE CONSTRUED  AS  PREEMPTING  SETTLEMENTS
 WITH  THE  COMMISSION  OR  DEPARTMENT  THAT  ARE  MORE STRICT THAN THOSE
 CONTAINED IN THIS SUBDIVISION.
   1-A. THE COMMISSION SHALL REQUIRE EACH UTILITY CORPORATION AND MUNICI-
 PALITY WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION TO
 SUBMIT TO THE COMMISSION A REVISED MODEL  FOR  THE  CALCULATION  OF  AND
 PROCEDURES FOR ESTIMATED BILLING THAT COMPLIES WITH THIS ARTICLE, INCOR-
 PORATES  BEST PRACTICES AND TECHNOLOGY, AND ACCOUNTS FOR ANY BARRIERS TO
 THE USE OF ACTUAL METER READINGS. NO  LATER  THAN  NOVEMBER  FIRST,  TWO
 THOUSAND  TWENTY-SIX,  THE  COMMISSION  SHALL PROMULGATE RULES AND REGU-
 LATIONS TO INCORPORATE AND  ADOPT  SUCH  MODEL  PROCEDURES  FOR  UTILITY
 CORPORATIONS AND MUNICIPALITIES.
   2.  Where  a  utility corporation owning the meter and supplying meter
 reading data for a bill or a municipality fails  to  gain  access  to  a
 meter  [for a period of four months or two billing periods, whichever is
 greater], the corporation or municipality shall take reasonable  actions
 to  obtain  an  actual  meter reading FOR THE SUBSEQUENT BILLING PERIOD.
 Such additional actions may include, but not be limited  to:  making  an
 appointment  with  the customer or such other person who controls access
 to the meter for a reading at a time other than within  normal  business
 hours,  offering  the customer the opportunity to [phone in a] SUBMIT AN
 ACTUAL meter reading BY TELEPHONE OR ELECTRONIC TRANSMISSION, WHICH  MAY
 INCLUDE SUBMISSION OF A PHOTOGRAPH OF SUCH METER READING, or providing a
 card  to  the customer on which [he or she] SUCH CUSTOMER may record the
 reading and mail it to the utility or municipality.
   § 2. 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 effective date.