N.Y. Public Service Law § 66-m: Green jobs-green New York on-bill recovery

§ 66-m. Green jobs-green New York on-bill recovery. 1.(a) The

commission shall, within forty-five days of the effective date of this

section, commence a proceeding to investigate the implementation by each

combination electric and gas corporation having annual revenues in

excess of two hundred million dollars of a billing and collection

service for on-bill recovery charges in payment of obligations of its

customers to the green jobs-green New York revolving loan fund

established pursuant to title nine-A of article eight of the public

authorities law and, within one hundred fifty days of the effective date

of this section, the commission shall make a determination establishing

the billing and collection procedures for such on-bill recovery charges.

The department shall consult with the New York state energy research and

development authority in the preparation of its recommendations to the

commission for such determination. The commission shall require such

electric and gas corporations to offer billing and collection services

for green jobs-green New York on-bill recovery charges for eligible

customers within three hundred days of the effective date of this

section. To the extent practicable, such electric and gas corporations

shall utilize existing electronic data interchange infrastructure or

other existing billing infrastructure to implement their billing and

collection responsibilities under this section, and shall utilize

funding available from the New York state energy research and

development authority to defray any costs associated with electronic

data interchange improvements or other costs of initiating and

implementing this program.

(b) To ensure proper program design and implementation, each electric

and gas corporation shall initially limit the number of customers who

pay a green jobs-green New York on-bill recovery charge at any given

time to no more than one half of one percent of its total customers, on

a first come, first served basis. Prior to reaching such limit, the New

York state energy research and development authority shall petition the

commission to review said limit, and the commission shall increase such

limit provided that the commission finds that the program has not caused

significant harm to the electric or gas company or its ratepayers.

(c) The commission may suspend such an electric and gas corporation's

offering of the on-bill recovery charge provided that the commission,

after conducting a hearing as provided in section twenty of this

chapter, makes a finding that there is a significant increase in arrears

or utility service disconnections that the commission determines is

directly related to the on-bill recovery charge, or a finding of other

good cause.

(d) The on-bill recovery charge shall be collected on the bill from

the customer's electric corporation unless the qualified energy

efficiency services at that customer's premises result in more projected

energy savings on the customer's gas bill than the electric bill, in

which case such charge shall be collected on the customer's gas

corporation bill.

(e) The commission shall determine an appropriate percentage, up to

fifteen percent, of the energy savings from qualified energy efficiency

services, financed with a loan pursuant to section eighteen hundred

ninety-six of the public authorities law that is subject to an on-bill

recovery charge, to be credited to the combination electric and gas

corporation that is issuing the bill for such charge, for purposes of

meeting such corporation's targets under energy efficiency programs

established by the commission.

2. Schedules for the collection and billing of on-bill recovery

charges shall provide:

(a) that billing and collection services shall be available to all

customers who have met the standards established by the New York state

energy research and development authority for participation in the

on-bill recovery mechanism under the green jobs-green New York program

and have executed an agreement for the performance of qualified energy

efficiency services under such program; provided, however, that for

residential properties any such customer must hold primary ownership or

represent the primary owner or owners of the premises and hold primary

meter account responsibility or represent the primary holder or holders

of meter account responsibility for all meters to which such on-bill

recovery charges will apply;

(b) that the responsibilities of such electric and gas corporation are

limited to providing billing and collection services for on-bill

recovery charges as directed by the authority;

(c) that the rights and responsibilities of residential customers

paying on-bill recovery charges shall be governed by the provisions of

article two of this chapter;

(d) unless fully satisfied prior to sale or transfer, that (i) the

on-bill recovery charges for any services provided at the customer's

premises shall survive changes in ownership, tenancy or meter account

responsibility, and (ii) that arrears in on-bill recovery charges at the

time of account closure or meter transfer shall remain the

responsibility of the incurring customer, unless expressly assumed by a

subsequent purchaser of the property subject to such charges;

(e) not less than forty-five days after closure of an account that is

subject to an on-bill recovery charge, and provided that the customer

does not re-establish service with such electric and gas corporation, it

shall be the responsibility of the New York state energy research and

development authority and not the electric and gas corporation to

collect any arrears that are due and owing;

(f) a customer remitting less than the total amount due for electric

and/or gas services and on-bill recovery charges shall have such partial

payment first applied as payment for electric and/or gas services and

any remaining amount will be applied to the on-bill recovery charge;

(g) billing and collection services shall be available without regard

to whether the energy or fuel delivered by the utility is the customer's

primary energy source;

(h) unless otherwise precluded by law, participation in the green

jobs-green New York program shall not affect a customer's eligibility

for any rebate or incentive offered by a utility; and

(i) any other provisions necessary to provide for the billing and

collection of on-bill recovery charges.

3. The commission shall not approve any application for the conversion

to submetering of any master meter which is subject to any on-bill

recovery charges.