S07708 Summary:

Amd §§66, 44 & 38, add §54, Pub Serv L
Updates certain requirements regarding billing for electric services, such as when corporations shall use an approved demand measuring device, mandating that classifications of service, the account and/or meter number, and the quantity billed be indicated on customers' bills, and further requirements regarding submetering of a residential rental building.
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S07708 Actions:

07/23/2020referred to energy
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S07708 Committee Votes:

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S07708 Floor Votes:

There are no votes for this bill in this legislative session.
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S07708 Text:

                STATE OF NEW YORK
                    IN SENATE
                                    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-
        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:

     1    Section 1. Section 66 of the public service law is amended by adding a
     2  new subdivision 29 to read as follows:
     3    29.  Notwithstanding  any other provision of law, the commission shall
     4  promulgate rules and regulations regarding methods of determining demand
     5  requiring each electric corporation to use a demand measuring device, of
     6  a type approved by the commission, to determine the charge for an  elec-
     7  tric service, including the minimum charge, if such charge is in any way
     8  dependent upon the demand of the customer whenever:
     9    (a) the demand billed is ten kilowatts or more; or
    10    (b) the total rated capacity of the customer's current usage is twelve
    11  kilowatts or more; or
    12    (c)  the  customer's  consumption  has  exceeded one thousand kilowatt
    13  hours per month in two  consecutive  months  during  the  preceding  ten
    14  months.
    15    Such  requirements shall be subject to reasonable exceptions as deter-
    16  mined by the commission.
    17    § 2. Subdivision 14 of section  66  of  the  public  service  law,  as
    18  amended  by  chapter  696  of  the  laws  of 1936, is amended to read as
    19  follows:
    20    14. The commission shall have power to require  each  gas  corporation
    21  and  electric  corporation to establish classifications of service based
    22  upon the quantity used, the time when used, the purpose for which  used,
    23  the  duration of use and upon any other reasonable consideration, and to
    24  establish in connection therewith just and  reasonable  graduated  rates
    25  and  charges; and it shall have power, either upon complaint or upon its
    26  own motion, to require such changes in such classifications,  rates  and
    27  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.

        S. 7708                             2
     1  scheduled rates nor the minimum charge for residential customers  shall,
     2  after  July first, nineteen hundred thirty-seven, be based in any manner
     3  on the number of outlets, number of rooms, cubic or square foot area  or
     4  other such standards. Such classifications of service shall be indicated
     5  on  each  customer's  bill  for  electric  service and shall include the
     6  website address to the specific public service commission leaf.
     7    § 3. Subdivision 1 of section 44 of the public service law,  as  added
     8  by chapter 713 of the laws of 1981, is amended to read as follows:
     9    1.  Every  utility corporation or municipality shall assure that bills
    10  for service  to  residential  and  demand-metered  customers  adequately
    11  explain  the  charges  for  service in clear and understandable form and
    12  language and shall indicate the account number and/or meter  number  for
    13  the  account  for  which  service is being charged.  The commission may,
    14  from time to time, specify the form and content of such bills to further
    15  the objectives of this subdivision.    Such  bill  shall  at  a  minimum
    16  include  the  quantity  billed,  the unit of measurement and the highest
    17  measurement of a specific line  item  as  measured  over  the  preceding
    18  fifty-two week period, except the quantity need not be shown for interim
    19  budget billing.
    20    § 4. Section 44 of the public service law is amended by adding two new
    21  subdivisions 6 and 7 to read as follows:
    22    6.  (a)  Customers  that currently receive electronic data interchange
    23  (EDI) by protocols approved by  the  commission  shall  be  exempt  from
    24  receiving  printed  bill  statements if such customer's aggregate annual
    25  demand per year exceeds three MW.
    26    (b) Printed bill statements shall not be a requirement  for  customers
    27  if  (i)  both such customer and such utility corporation or municipality
    28  are state public-benefit corporations and (ii) the  statewide  financial
    29  system  receives  detailed electronic information that is compliant with
    30  the requirements of such system.
    31    7. At the time that service is initiated to a residential and  demand-
    32  metered  customer,  and  for  every bill statement thereafter, a utility
    33  corporation or municipality shall provide each customer  with  an  addi-
    34  tional  notice  that lists the interval at which demand delivery peak is
    35  calculated and shall state the following disclosure:
    36    "Demand-delivery charges can account  for  a  significant  portion  of
    37  electricity  costs  and  prices are subject to market volatility. Demand
    38  peaks (KW) may affect your billing over multiple billing cycles."
    39    § 5. The public service law is amended by adding a new section  54  to
    40  read as follows:
    41    §  54.  Residential  rental building submetering.  For the purposes of
    42  this section, a "residential rental building"  shall  be  defined  as  a
    43  building  with  at least five residential units where the owner does not
    44  occupy all or a majority of the units within the building.  The  commis-
    45  sion  shall  promulgate rules and regulations regarding submetering of a
    46  residential rental building. Such rules and regulations  shall  include,
    47  but not be limited to:
    48    1.  A  notice  of  intent  to  submeter  shall be filed with the local
    49  department of social services in addition to any other requirements  for
    50  such notice.
    51    2. If an application to convert a building to submetering is approved,
    52  the applicant shall notify tenants sixty days prior to the expiration of
    53  a tenant's leave or at the time of signing a new lease for a new tenant.
    54  Submetering  for  electric  service shall commence only after the tenant
    55  has acknowledged such submetering for electric service will occur.

        S. 7708                             3
     1    3. A submetered account of a  tenant  of  record  currently  receiving
     2  public  assistance shall only be disconnected if the local department of
     3  social services has confirmed in writing  that  they  have  declined  to
     4  provide assistance to such tenant.
     5    §  6.  Subdivision 3 of section 38 of the public service law, as added
     6  by chapter 716 of the laws of 1985, is amended to read as follows:
     7    3. Every utility corporation or municipality shall notify  residential
     8  customers  if the utility corporation projects a shortfall at the end of
     9  the level billing period. Such notice shall occur at least  ninety  days
    10  prior to the end of the level billing period.
    11    4.  The  commission  may establish such terms and conditions for plans
    12  required under this section as it deems necessary or proper.
    13    § 7. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.  Effective immediately, the addition, amend-
    15  ment and/or repeal of any rule or regulation necessary for the implemen-
    16  tation of this act on its effective date are authorized to be  made  and
    17  completed on or before such date.
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