Bill Text: NY S02182 | 2025-2026 | General Assembly | Introduced


Bill Title: Permits the rendering of an estimated bill from a utility corporation or municipality under certain circumstances; requires each utility corporation and municipality within six months to submit to the commission a model procedure for the calculation of estimated bills that incorporates best practices and technology and accounts for any barriers to the use of actual meter readings.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed) 2025-01-27 - referred to corporations, authorities and commissions [S02182 Detail]

Download: New_York-2025-S02182-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2182

                               2025-2026 Regular Sessions

                    IN SENATE

                                    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:

     1    Section 1. Subdivisions 1 and 2 of section 39 of  the  public  service
     2  law,  as  amended  by chapter 686 of the laws of 2002, are amended and a
     3  new subdivision 1-a is added to read as follows:
     4    1. (a) A utility corporation or municipality may, in  accordance  with
     5  such  requirements  as  the  commission  may  impose by regulation, only
     6  render an estimated bill for [any] a billing period if[: (a)] the proce-
     7  dure used by such utility  or  municipality  for  calculating  estimated
     8  bills  has been approved by the commission, [and] the bill clearly indi-
     9  cates that it is based on an estimated reading, and [(b)] at  least  one
    10  of the following conditions is met:
    11    (i)  the utility owning the meter and providing the meter reading data
    12  on which the estimated bill will be based or the municipality  has  made
    13  reasonable  effort  to  obtain  an actual meter reading and is unable to
    14  obtain one or [(c)]
    15    (ii) circumstances beyond the control of the utility  or  municipality
    16  made an actual reading of the meter extremely difficult or [(d)]
    17    (iii)  circumstances indicate a reported reading is likely to be erro-
    18  neous, or [(e)]
    19    (iv) an estimated reading is prescribed or authorized by  the  commis-
    20  sion for a billing period between periods when actual meter readings are
    21  scheduled or for seasonal or short term customers.
    22    (b)  In  addition  to the provisions of paragraph (a) of this subdivi-
    23  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

     1  bill to a customer for any consecutive billing period under any  circum-
     2  stances,  unless the utility is unable to obtain an actual meter reading
     3  due to (i) the customer's failure to provide reasonable  access  to  the
     4  meter  for  an actual reading, or (ii) a declaration of a state of emer-
     5  gency which prevents the ability to obtain an actual meter reading.
     6    (c) Outside of the criteria for rendering estimated  billing  pursuant
     7  to this section, all other bills shall use actual meter readings.
     8    (d)  A utility corporation or municipality shall not charge a customer
     9  for any supply or delivery costs associated with an estimated bill  that
    10  does not comply with this section nor be able to recover from any of its
    11  customers any revenue that the utility is precluded from collecting from
    12  an  individual  customer  by  this  section. Nothing in this subdivision
    13  shall be interpreted or otherwise construed  as  preempting  settlements
    14  with  the  commission  or  department  that  are  more strict than those
    15  contained in this subdivision.
    16    1-a. The commission shall require each utility corporation and munici-
    17  pality within six months after the effective date of this subdivision to
    18  submit to the commission a revised model  for  the  calculation  of  and
    19  procedures for estimated billing that complies with this article, incor-
    20  porates  best practices and technology, and accounts for any barriers to
    21  the use of actual meter readings. No  later  than  November  first,  two
    22  thousand  twenty-six,  the  commission  shall promulgate rules and regu-
    23  lations to incorporate and  adopt  such  model  procedures  for  utility
    24  corporations and municipalities.
    25    2.  Where  a  utility corporation owning the meter and supplying meter
    26  reading data for a bill or a municipality fails  to  gain  access  to  a
    27  meter  [for a period of four months or two billing periods, whichever is
    28  greater], the corporation or municipality shall take reasonable  actions
    29  to  obtain  an  actual  meter reading for the subsequent billing period.
    30  Such additional actions may include, but not be limited  to:  making  an
    31  appointment  with  the customer or such other person who controls access
    32  to the meter for a reading at a time other than within  normal  business
    33  hours,  offering  the customer the opportunity to [phone in a] submit an
    34  actual meter reading by telephone or electronic transmission, which  may
    35  include submission of a photograph of such meter reading, or providing a
    36  card  to  the customer on which [he or she] such customer may record the
    37  reading and mail it to the utility or municipality.
    38    § 2. This act shall take effect on the one hundred eightieth day after
    39  it shall have become a law.  Effective immediately, the addition, amend-
    40  ment and/or repeal of any rule or regulation necessary for the implemen-
    41  tation of this act on its effective date are authorized to be  made  and
    42  completed on or before such effective date.
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