N.Y. Comp. Codes R. & Regs. tit. 16 § 96.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 96.3 - Filings seeking authorization to convert existing master-metered residential rental premises to submetering and submetering in new premises

(a) Notice of intent to submeter. Except when a conversion to submetering results in the cost of electric heat becoming the responsibility of the residents or when a building owner seeks authorization to install submetering in place of direct metering pursuant to section 96.2(b) of this Part, a master-metered multi-unit residential rental premises with submetering shall be authorized:

(1) after filing a notice of intent to submeter, which includes the information, descriptions, plans, forms, certifications, and other materials and representations specified for such Notices in section 96.5 of this Part;

(2) after individual notices to residents are provided pursuant to subdivision (c) of this section;

(3) upon the commission's determination and order approving such submetering as in the public interest and consistent with the provision of safe and adequate electric service to residents. In making this determination, the commission may rely on the notice of intent to submeter and the information therein, when complete, as a rebuttable presumption that submetering at such premises is in the public interest and consistent with the provision of safe and adequate service to residents.

(b) Petition to submeter.

(1) When payment for electricity for electric heat will become the responsibility of residents, submetering will be authorized:

(i) after filing a petition to submeter which includes the information, descriptions, plans, forms, certifications, and other materials and representations specified for such petitions in section 96.5 of this Part;

(ii) after individual notices to residents are provided pursuant to subdivision (c) of this section where necessary; and

(iii) upon the commission's determination and order approving such submetering as in the public interest and consistent with the provision of safe and adequate electric service to residents. Such determinations will be considered by the commission on a case-by-case basis. In making such determination, the commission may rely on the petition to submeter, supplemental information provided with the petition, information supplied in public comments, and staff's investigation.

(2) Replacement of direct metering with submetering shall be authorized:

(i) after filing a petition to submeter which includes the information required by section 96.5 of this Part and the demonstration described in section 96.2(b) of this Part;

(ii) after individual notices to residents are provided pursuant to subdivision (c) of this section; and

(c) The following notice to residents is required for conversions to submeter. The submeterer shall provide or shall have provided proof, in the form of a sworn affidavit, that the following individual, written notices have been provided to all current residents:

(1) Prior to filing a notice of intent to submeter or a petition to submeter pursuant to this Part. Prior to submitting a notice of intent to submeter or a petition to submeter, the prospective submeterer identified in such notice or petition shall provide individual notice to current residents of the prospective submeterer's intent to submit a notice of intent to submeter or petition to submeter. Such notification to residents shall include the identification of a location in the premises where, and at times convenient to the residents, the information required to be provided to the commission under section 96.5 of this Part may be reviewed by residents. Such notification shall also include an offer to provide, upon request by a resident, a copy of such notice or petition.

(2) Prior to approval. A notice of intent to submeter or petition to submeter filed pursuant to this section shall not be noticed for comment in the New York State Register until all information required in section 96.5 of this Part in connection with such notice or petition is filed with the secretary. Immediately upon publication of the notice of intent to submeter or petition to submeter in the State Register, the prospective submeterer shall inform current residents individually that the commission has commenced a proceeding and how they may submit comments to the Department of Public Service within the State Administrative Procedure Act comment period.

(3) After submetering approval. After submetering is authorized pursuant to this Part, the submeterer shall notify residents individually no less than two months prior to the actual commencement of billing for submetered electric service. The submeterer shall file with the secretary a copy of the notice provided to current residents of the date upon which submetering will commence. Such required notice shall include:

(i) a statement indicating that prospective residents will be notified prior to signing a lease or purchase agreement that electricity will be supplied on a submetered basis and the residents will be responsible for electric charges;

(ii) a copy of the annual notice used or to be used for compliance with Public Service Law section 44, which summarizes the residents' HEFPA rights and responsibilities, including complaint handling procedures; and

(iii) the precise manner in which submetered residents may contact the Department of Public Service Office of Consumer Services.

(d) The submeterer shall commit in writing to accept all of the conditions required by the commission in its order authorizing submetering and in these regulations.

(e) Submeters shall be installed and submetered billing shall commence within five years of the commission order authorizing submetering. If submetering has not commenced within five years of such commission order, a new notice of intent to submeter or petition to submeter shall be filed with the commission.

(f) Authorization to submeter shall continue when ownership of a submetered premises is transferred.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 96.3