NY Pub Serv L § 66-M (2021)
2021 New York Laws PBS - Public Service Article 4 - Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity 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.