Statute


	We want to keep you updated on important Utility issues

Article 2

Residential Gas, Electric and Steam Utility Service

§ 30. Residential gas, electric and steam service policy

§ 31. Applications for service

§ 32. Termination of service

§ 33. Discontinuance of residential utility service to multiple dwellings

§ 33a [Repealed]

§ 34. Discontinuance of utility service in two family dwellings

§ 35. Reconnection of service

§ 36. Residential service deposits

§ 37. Deferred payment agreements

§ 38. Budget or levelized payment plans; quarterly billing

§ 39. Meter reading and estimated bills

§ 40. Voluntary third party notice prior to termination of service

§ 41. Finality of certain utility charges

§ 42. Other charges

§ 43. Complaint handling procedures

§ 44. Utility bills; informational notices

§ 45. Payment agencies

§ 46. Emergency disconnections to residences

§ 47. Inspection and examination of apparatus

§ 48. Emergency hotline

§ 49. Residential steam service

§ 49a. [Repealed]

§ 49b. [Repealed]

§ 50. Residential water service

§ 51. Rules and regulations

§ 52. Gas, electric and steam service to tenants provided through shared meters

Section 1. Purpose of act. In order to consolidate the state's transportation responsibilities in one department, this act provides for the transfer of the responsibilities of the public service commission relating to common carriers, bus companies, contract carriers of passengers by motor vehicle, contract carriers of property by motor vehicle, grade crossing elimination projects, and highway‑railroad grade crossings and separation structures to the department of transportation

§ 30. Residential gas, electric and steam service policy

This article shall apply to the provision of residential service by gas, electric and steam corporations and municipalities. It is hereby declared to be the policy of this state that the continued provision of gas, electric and steam service to residential customers without unreasonable qualifications or lengthy delays is necessary for the preservation of the health and general welfare and is in the public interest.

§ 31. Applications for service

1. Every gas corporation, electric corporation or municipality shall provide residential service upon the oral or written request of an applicant, provided that the commission may require that requests for service be in writing under circumstances as it deems necessary and proper as set forth by regulation, and provided further that the applicant:

(a) makes full payment for residential utility service provided to a prior account in his name; or

(b) agrees to make payments under a deferred payment plan of any amounts due for service to a prior account in his name and makes a down payment based on criteria to be established by the commission. No such down payment shall exceed one-half of any money due from an applicant for residential utility service, or three months average billing, whichever is less; or

(c) is a recipient of public assistance, supplemental security income or additional state payments pursuant to the social services law, or is an applicant for such assistance, income or payments, and the utility corporation or the municipality receives payment from, or is notified of the applicant's eligibility for utility payments by the social services official of the social services district in which such person resides for amounts due for service to a prior account in the applicant's name, together with guarantee of future payments to the extent authorized by the social services law.

2. In the event a utility corporation or municipality denies an applicant's application for service it shall provide prompt written notice to such applicant of its reasons for denying service, specify what the applicant must do to qualify for service, and advise the applicant of his right to investigation and review of the denial of service by the department if the applicant considers such denial to be without justification. Any such notice denying service shall be sent to an applicant within three business days after either a completed oral or written application for service is received, provided however, the commission may specify a different period for good cause. The commission may also establish such additional notice requirements upon a utility corporation or municipality as it believes necessary to assure reasonable notification and protection for applicants.

3. Subject to the requirements of subdivisions four and five of this section, whenever a residential customer moves to a new residence within the service territory of the same utility corporation or municipality, he shall be eligible to receive service at the new residence and such service shall be considered a continuation of service in all respects, with any deferred payment agreement honored, and with all rights of such customer and such utility corporation provided by this article unimpaired.

4. In the case of any application for service to a building which is not supplied with electricity or gas, a utility corporation or municipality shall be obligated to provide service to such a building, provided however, that the commission may require applicants for service to buildings located in excess of one hundred feet from gas or electric transmission lines to pay or agree in writing to pay material and installation costs relating to the applicant's proportion of the pipe, conduit, duct or wire, or other facilities to be installed.

5. A utility corporation or municipality shall institute service to any applicant who meets the requirement of subdivision one of this section, within five business days after such applicant applies for service, provided however, such requirement shall not apply where the institution of service within five business days is prevented by adverse weather conditions, serious physical impediments, construction requirements, labor disputes or law. A utility corporation or municipality shall initiate service promptly to applicants, and any such corporation or municipality which fails to provide timely service to an applicant as required by this subdivision without good cause as determined by the commission, shall forfeit and pay to such applicant the sum of twenty-five dollars per day for each day that such service is not supplied. The chairman shall designate such officers and employees as he deems necessary to act on complaints relating to applications for service.

§ 32. Termination of service

1. Generally. Any termination of residential utility service by utility corporations or municipalities shall be in accordance with all relevant provisions of this article.

2. Utility service may be terminated, except as otherwise provided in this section, if any person supplied with electric or gas service to a residence:

(a) fails to pay charges for any service rendered during the preceding twelve months, provided however that the commission by regulations may permit the termination of service for bills due for service rendered during periods in excess of twelve months where

(i) there was a dispute between such person and the utility corporation or municipality concerning the bill during the twelve month period,

(ii) delays in termination are not the fault of the utility or were due to the culpable conduct of such person, or

(iii) such bills are necessary to adjust estimated bills; or

(b) fails to pay amounts due under a deferred payment plan; or

(d) is sent a final notice of termination no less than fifteen days before the termination date shown on the notice. Any such notice shall, at a minimum, clearly state the reason for termination of service; how termination may be avoided; that the utility corporation or municipality has available procedures for handling complaints; a summary of the protections available under this article; that any customer eligible for such protections should contact the utility corporation or municipality; and such other provisions as the commission may require. A utility corporation or municipality may not issue a final notice of termination unless at least twenty days have elapsed from the date payment was due. The commission may increase the number of days before which a final notice of termination may be sent.

3. The commission shall safeguard from termination, or require restoration of service to, those residents who will suffer serious impairments to health or safety as a result of such termination or failure to restore services. The regulations shall include, but not be limited to:

(a) Medical emergencies. The commission shall require the continuation or restoration of utility service to a customer's residence where a medical emergency exists. The commission shall provide for written certification by a medical doctor or local board of health that termination of service or failure to restore service will aggravate an existing medical emergency at a customer's residence, provided that the commission may authorize an initial certification by telephone if written certification is provided within five business days. The commission shall provide for the duration, form, content and renewal of written certificates. With respect to the renewal of written certificates, the commission may require the customer to demonstrate an inability to pay charges for service. The commission shall, in consultation with the departments of health and social services and the office for the aging, establish criteria to be used by a medical doctor or local board of health in making a determination that a medical emergency exists or that the absence of service will aggravate an existing medical emergency.

(b) Customers who are elderly, blind, or disabled. The commission shall provide special procedures to be followed by a utility or municipality with respect to the termination or restoration of service to a residence where the customer is known to or identified to the utility to be blind, disabled, or sixty‑two years of age or older; provided that all the remaining residents of the household are sixty‑two years of age or older, eighteen years of age or under, or blind or disabled. The commission shall afford reasonable protections to elderly, blind or disabled customers, including a requirement that the utility corporation or municipality make a diligent effort to contact by telephone or in person an adult resident at the customer's premises at least seventy‑two hours prior to termination of service. The commission shall also establish reasonable procedures for identifying customers eligible for the protections of this section.

(i) The commission shall establish procedures to be followed by a utility or municipality supplying heat related service in cold weather periods. Such procedures shall be designed to identify and assist, prior to termination of service, those residents who may suffer serious impairment to health or safety as a result of any such termination. The commission shall establish the applicable cold weather periods; specify criteria for identifying residents who are likely to suffer serious impairments, and require that such service not be terminated unless a representative of the utility or municipality makes a diligent effort to contact by telephone or in person an adult resident of the customer's premises at least seventy-two hours prior to termination, makes a personal visit at the time of termination and provides the customer with information regarding the protections available under this article. The commission shall provide for the manner in which such contacts and personal visits are made.

(ii) The commission shall also require a utility or municipality supplying service to continue service to customers where a serious impairment to health or safety is likely to result from termination of service and the person supplied is unable because of mental or physical problems to manage his or her own resources or to protect himself or herself from neglect or hazardous situations without the assistance of others. Doubts shall be resolved in favor of continued service. Continuations of service shall be for a period of time to be established by the commission. The commission shall consult with the department of social services and the state office for the aging in implementing the provisions of this paragraph.

4. The commission shall preclude terminations for nonpayment other than between the hours of eight a.m. and four p.m., Monday through Thursday, provided that such day or the following day is not a public holiday as defined in the general construction law.

§ 33. Discontinuance of residential utility service to multiple dwellings

1. Notwithstanding any other provisions of law, no public utility company or municipality shall discontinue gas, electric or steam service to an entire multiple dwelling (as defined in the multiple dwelling law or the multiple residence law) located anywhere in this state for nonpayment of bills rendered for service unless such utility shall have given fifteen days written notice of its intention so to discontinue as follows:

(a) Such notice shall be served personally on the owner of the premises affected, or in lieu thereof, to the person, firm, or corporation to whom or which the last preceding bill has been rendered and from whom or which the utility has received payment therefor, and to the superintendent or other person in charge of the building or premises affected, if it can be readily ascertained that there is such superintendent or other person in charge.

(b) In lieu of personal delivery to the person or persons, firm or corporation specified in (a) above, such notice may be mailed in a postpaid wrapper to the address of such person or persons, firm or corporation.

(i) posted in the public areas of such multiple dwelling,

(ii) mailed to the "Occupant" of each unit in that multiple dwelling,

(iii) mailed to the local health officer and the director of the social services district for the political subdivision in which the multiple dwelling is located,

(iv) if the multiple dwelling is located in a city or a village, mailed to the mayor thereof, or if there be none, to the manager, or, if the multiple dwelling is located in a town, then mailed to the town supervisor, and

(v) mailed to the county executive of the county in which the multiple dwelling is located, or if there be none, then to the chairman of such county's legislative body. Notice required by (iv) and (v) of this paragraph may be mailed to the persons specified therein or to their respective designees. The notice required by this paragraph shall state the intended date of discontinuance of service, the amount due for such service, and the procedure by which any tenant or public agency may make such payment and thereby avoid discontinuance of service.

(d) The written notice required by clauses (iii), (iv) and (v) of paragraph (c) above shall be repeated not more than four days nor less than two days prior to such discontinuance.

1 Whenever a notice of intention to discontinue utility service has been made pursuant to the provisions of this section and obligations owed the utility or municipality have been satisfied, the utility or municipality shall notify, in the same manner as it gave such notice of intention, the occupant of each unit that the intention to discontinue utility service no longer exists.

2. For the purposes of this section, the department charged with enforcing the multiple dwelling law shall prepare a schedule of all multiple dwellings within its jurisdiction and shall provide a copy of such schedule to any gas, steam or electric corporation or municipality subject to the provisions of this section. Such schedule shall be revised semiannually and a revised copy provided to such corporation. Every county, and every municipality to which the multiple dwelling law does not apply, which county or municipality has compiled or hereafter may compile a listing of all multiple dwellings within its jurisdiction shall make such listing available without charge to any gas, steam or electric corporation providing service in such county or municipality.

3. Any gas, electric or steam corporation or municipality which willfully fails to comply with the provisions of this section shall be liable for a penalty of twentyfive dollars for each occupied unit of the multiple dwelling for each day during which service is unlawfully discontinued; provided, however, that when the only noncompliance with this section is failure to mail notice to each "Occupant" as required by clause (ii) of paragraph (c) of subdivision one above the penalty shall be twentyfive dollars for each occupied unit of the multiple dwelling to which notice was not mailed for each day during which service is unlawfully discontinued. An action to recover a penalty under this section may be brought by the counsel to the commission in any court of competent jurisdiction in this state in the name of the people of the state of New York. Any moneys recovered in such action shall be paid to the state treasury to the credit of the general fund.

4. Any person who willfully interferes with the posting of the notice specified in clause (i) of paragraph (c) of subdivision one above by any gas, steam or electric corporation or municipality, willfully defaces or mutilates any such notice, or willfully removes the same from the place where it is posted by such company prior to the date specified therein for the discontinuance of service shall be guilty of a violation and, upon conviction, shall be punished by a fine not exceeding twentyfive dollars.

5. The commission shall maintain rules and regulations for the payment by tenants of utility bills for gas, electric or steam service in a multiple dwelling to which this section applies where the owner of any such multiple dwelling, or the person, firm or corporation to whom or which the last preceding bill has been rendered or from whom or which the utility or municipality has received payment therefor, has failed to pay such utility bills. Such rules and regulations shall

(a) provide that utility service may not be discontinued to any such multiple dwelling as long as the tenants continue to make timely payments in accordance with established procedures;

(b) include designation of an office to advise tenants of the rights and procedures available pursuant to such rules and regulations;

(d) require the commission upon petition of twentyfive percent of the tenants of such multiple dwelling to meet with representatives of such tenants and the owner, person, firm or corporation to whom or which the last preceding bill has been rendered or from whom or which the utility has received payment therefor.

§ 33a. [Repealed]

§ 34. Discontinuance of utility service in two family dwellings

1. Notwithstanding any other provision of law, no utility corporation or municipality shall terminate gas or electric service to a two family dwelling that it knows contains units where service is not metered separately unless such utility or municipality shall have given fifteen days' written notice of its intention to terminate service as follows:

(a) a copy of such notice shall be mailed to the owner of the premises affected, or in lieu thereof, to the person, firm or corporation to whom or which the last preceding service bill has been rendered, and

(b) a copy of such notice shall be mailed or otherwise delivered to each occupied unit, and

2. The commission shall affirmatively approve or provide for the form and content of notices required by subdivision one of this section. Such notices shall state the intended date of termination of service, the amount due for such service, and the procedure by which any occupant may make payment or take action to avoid termination of service.

3. The commission shall provide by regulation:

(a) that any occupant may prevent termination of service if such occupant applies for and is eligible for such service;

(b) that any occupant may prevent termination of service by making payments in accordance with established procedures. In no event shall such payments include bills more than two months in arrears. Any occupant who chooses to pay current charges shall not be liable for any future bills which may be rendered for utility service supplied to the dwelling. The utility corporation or municipality shall continue to render all bills to the customer with a copy to be sent to any occupant upon request; and

4. Whenever the obligations owed to the utility corporation or municipality for service to a dwelling have been satisfied, the corporation or municipality shall notify an occupant of each dwelling which was given notice of intent to terminate service.

§ 35. Reconnection of service

(a) The commission shall by regulation establish reasonable conditions under which an electric or gas corporation or municipality shall be required to reconnect service to residential customers. Such conditions shall include, but not be limited to, requirements for reconnection of service within twenty-four hours, unless prevented by circumstances beyond the utility's or municipality's control,

a. upon receipt by a corporation or municipality of the full amount of arrears which were the basis for termination of service,

b. upon the signing of a deferred payment plan together with a down payment based on criteria to be established by the commission, provided that no such down payment shall exceed one-half of the amount which was the basis of termination, or the amount of three months billing, whichever is less,

c. upon the direction of the commission,

d. upon the receipt of a commitment of a direct payment or a written guarantee of payment from the social services official of the social services district in which the customer resides or

e. where the utility or municipality has notice that a serious impairment to health or safety is likely to result if service is not reconnected. With respect to reconnection on the basis of serious impairment of health or safety doubts shall be resolved in favor of reconnection of service. The chairman shall designate such officers and employees as he deems necessary to act on requests for service reconnections.

2. Where any utility corporation or municipality is required to reconnect service within twenty-four hours and fails or neglects to do so without good cause as determined by the commission, it shall forfeit and pay to the customer the sum of not less than twenty-five dollars nor more than fifty dollars per day for each day thereafter, as determined by the commission, that such service is not supplied.

§ 36. Residential service deposits

1. On and after January first, nineteen hundred eighty-two, no utility corporation or municipality shall require any new residential customer, other than a seasonal or short term customer, to post a security deposit as a condition of receiving utility service. In addition, no utility corporation or municipality shall after the first day of September, nineteen hundred eighty-two, or such earlier date as the commission may determine, require a current residential customer to post a security deposit other than such a customer who is delinquent according to standards set by the commission. Deposits held on the first day of September, nineteen hundred eighty‑two, or such earlier date as the commission may determine, shall be returned to the customer immediately, but not later than the next bill for service; provided, however, that this provision shall not apply to deposits of delinquent customers. No utility corporation or municipality shall require any known recipient of public assistance, supplemental security income benefits or additional state payments to post a security deposit as a condition of receiving service.

2. Notwithstanding the provisions of subdivision one of this section, the commission, after investigation and hearing, may authorize any utility corporation or municipality to require and hold security deposits from residential customers or applicants for service upon a finding that the collection and maintenance of such deposits is cost effective to the utility as a whole without regard to cash flow and the availability of capital.

3. In any case where customer deposits are authorized by this section, a utility corporation or municipality may require a customer or applicant for service to deposit a reasonable sum of money according to the estimated quantity of such services necessary to supply the customer or applicant for service for two months, to secure payment for such services actually rendered, or for the rental of fixtures, instruments and facilities actually supplied. Every such utility corporation and municipality shall allow to every such customer or applicant for service interest on the sum deposited at a rate per annum to be prescribed from time to time and at least annually by the commission in light of current economic conditions and current charges paid for moneys borrowed by such utility, taking into account the expenses incurred by such utility in obtaining, handling, returning or crediting the sum deposited. Such interest shall be paid upon the return of the deposit, provided however, that whenever such deposit has been held for a period of one year, the interest shall be credited to the customer or applicant for service on the first billing for utility service rendered after the end of such period. If a customer or applicant for service is not delinquent in the payment of any billing during such one year period, the deposit shall be refunded promptly at the end thereof, without prejudice to the utility's or municipality's right to require a deposit thereafter in the event of a delinquency. All utility corporations and municipalities shall exempt from deposit requirements any customer or applicant for service who is sixty-two years of age or older, unless the customer or applicant for service is a bad credit risk according to standards set by the commission.

§ 37. Deferred payment agreements

1. No utility corporation or municipality shall terminate or refuse to restore service to a residential customer, because of arrears owed the utility corporation or municipality, unless the utility or municipality offers such customer a deferred payment agreement for such arrears; provided, however, that a deferred payment agreement under this article shall not be available to any customer who the commission determines has the resources available to pay his bill, and provided further, however, that any such agreement may provide for the customer to make a downpayment of the arrears, provided that no such downpayment shall exceed one‑half of the amount of arrears or three months average billing, whichever is less. In addition, the commission shall provide by regulation that all deferred payment agreements authorized by this article be fair and equitable, considering the customer's financial circumstances; and that such agreements obligate customers to make timely payment of current charges for service together with payment of arrears during the pendency of the agreements; and that such agreements may be renegotiated and amended where the customer can demonstrate that there have been significant changes in his or her financial circumstances which have arisen due to conditions beyond the customer's control.

2. Upon offering any deferred payment agreement, and prior to the signing thereof, a utility corporation or municipality shall give a customer a copy of the agreement, in a form established or affirmatively approved by the commission, which shall contain a conspicuous, bold type notice that the customer may request the assistance of the commission in reaching an agreement. Any such agreement shall be signed in duplicate by the utility or municipality and the customer and each shall receive a signed copy thereof.

§ 38. Budget or levelized payment plans1 ; quarterly billing

1. Every utility corporation or municipality shall offer residential customers a budget billing plan or levelized payment plan for payment of charges for gas or electric service.1 Any such plans shall also be offered to customers who are condominium associations or cooperative housing corporations regardless of whether such associations or corporations are classified as residential or commercial customers.

2. Every utility corporation or municipality shall offer residential customers who are sixty-two years of age or older, as an alternative to monthly billing, a plan for payment on a quarterly basis of charges for gas and electric service rendered by such corporation or municipality, provided that such customer's average annual billing is not more than one hundred fifty dollars.

3. The commission may establish such terms and conditions for plans required under this section as it deems necessary or proper.

§ 39. Meter reading and estimated bills (a) A utility corporation or municipality may, in accordance with such requirements as the commission may impose by regulation, render an estimated bill for any billing period if:

a. the procedure used by such utility or municipality for calculating estimated bills has been approved by the commission, and the bill clearly indicates that it is based on an estimated reading and

b. the utility or municipality has made reasonable effort to obtain an actual meter reading or

c. circumstances beyond the control of the utility or municipality made an actual reading of the meter extremely difficult or

d. circumstances indicate a reported reading is likely to be erroneous, or

e. an estimated reading is prescribed or authorized by the commission for a billing period between periods when actual meter readings are scheduled or for seasonal or short term customers.

2. Where a utility corporation or municipality fails to gain access to a meter for a period of four months or two billing periods, whichever is greater, the corporation or municipality shall take reasonable actions to obtain an actual meter reading. Such additional actions may include, but not be limited to: making an appointment with the customer or such other person who controls access to the meter for a reading at a time other than within normal business hours, offering the customer the opportunity to phone in a meter reading, or providing a card to the customer on which he or she may record the reading and mail it to the utility or municipality.

3. Where a utility corporation or municipality has submitted an estimated bill or bills to a residential customer, and such estimate or estimates significantly understate the actual amount of money owed by such customer, the customer shall have the right to pay the difference between the estimated charges and the actual charges in regular monthly installments over a reasonable period. The commission shall establish by regulation the minimum amount for any such underbilling, and the length of any such period; provided, however, that no such installment period shall be less than three months.

§ 40. Voluntary third party notice prior to termination of service

1. Every utility corporation or municipality shall permit a residential customer to designate a third party to receive copies of all notices relating to termination of service or collection of amounts due sent to such residential customer, provided that the designated third party indicates in writing a willingness to receive such notices.

2. Every utility corporation or municipality shall permit a landlord, upon written request of both the landlord and tenant, to designate a third party to be notified of all requests for discontinuance of service to units owned by such landlord.

§ 41. Finality of certain utility charges

1. Notwithstanding any other provision of law, no utility corporation or municipality may charge a residential customer for gas or electric service which was rendered more than six months prior to the mailing of the first bill to the customer for such service unless the failure of the corporation or municipality to bill sooner was not due to the neglect of the corporation or municipality or was due to the culpable conduct of the customer. If the customer remains liable for such service, the utility shall permit payments to be made under an installment payment plan, provided, however, that the utility or municipality may require prompt payment if the non-billing resulted from the culpable conduct of the customer. Any such installment payment plan may provide for a downpayment of up to one-half of the amounts due from the customer, or three months average billing, whichever is less.

2. Notwithstanding any other provision of law, a utility corporation or municipality may not adjust upward a bill previously rendered to a residential customer after the expiration of twelve months from the time service to which the adjustment pertains was provided unless

a. failure to bill correctly was caused by the customer's culpable conduct or was not due to the neglect of the utility or municipality;

b. such adjustment is necessary to adjust a budget payment plan; or

c. there was a dispute between the utility or municipality and the customer concerning the bill during the twelve‑month period. A utility or municipality issuing an additional or increased bill charging for services rendered twelve or more months prior to such date of issuance shall include with it a notice giving the reason for the late billing.

3. No public utility company or municipality may render a bill for previously unbilled service, or adjust upward a bill previously rendered, to a residential customer after the expiration of twenty-four months from the time service to which the bill or adjustment pertains was provided. This provision shall not apply when the culpable conduct of a customer caused or contributed to the failure of the company or municipality to have rendered a timely or accurate billing.

§ 42. Other charges

1. A utility corporation or municipality may impose late payment charges not in excess of one and one-half percent per month on the unpaid balance of any bill including any interest thereon. Any such late payment charge, however, may not be imposed if the bill is the subject of a pending complaint with the utility or municipality provided, however, that such charge may be imposed retroactively if the complaint is finally resolved in favor of the utility or municipality.

2. Except as provided in subdivision one of this section, no utility corporation or municipality may charge any residential customer a late payment charge, penalty, fee, interest, or other charge of any kind for any late payment, collection effort, service disconnection or deferred payment agreement occasioned by the customer's failure to pay timely for gas or electric service.

§ 43. Complaint handling procedures

1. The commission shall maintain regulations for the handling of residential customer complaints, which at a minimum shall require that each utility or municipality:

(a) maintain procedures for prompt investigation of any complaint on a bill for gas or electric service rendered or a deposit required and for prompt reporting to the complainant of the result of such investigation. If such report is made orally, the utility corporation or municipality shall offer the complainant upon a written request the opportunity to receive the report in writing;

(b) inform any complainant whose complaint is resolved in favor of the utility corporation or municipality, in whole or in part, of the availability of the commission's complaint handling procedures;

(c) refrain from terminating service for nonpayment so long as a complaint is pending before a utility, municipality or the commission and for fifteen days thereafter, or for such period as the commission for good cause shall establish; provided however, that as a condition of continued service during the pendency of any such dispute, a customer shall pay the undisputed portions of any bill for service including bills for current usage, or such amounts as the commission determines reasonably reflect the cost of usage to such customer; and

(d) refrain from treating the disputed portion of any bill as late during the pendency of any complaint before the utility or municipality.

2. The commission shall maintain regulations for complaint handling procedures including complaints with respect to the negotiation of a deferred payment agreement which shall include, at a minimum:

(a) provision for investigation and informal review and for appeal to the commission in its discretion;

(b) that the burden of proof in all proceedings shall be on the utility corporation or municipality, except as otherwise provided by the commission for good cause; and

(c) provision for parties to receive a written determination of any complaint, upon request, in plain and simple English, which determination shall set forth the relevant facts established, the reasons for the determination, what actions must be taken and what further procedures are available to a complainant.

§ 44. Utility bills; informational notices

1. Every utility corporation or municipality shall assure that bills for service to residential customers adequately explain the charges for service in clear and understandable form and language. The commission may, from time to time, specify the form and content of such bills to further the objectives of this subdivision.

2. The public service commission and the state board of elections shall coordinate a voluntary program with public utilities whereby at the time service is initiated to a residential customer, a utility corporation or municipality may provide each such customer with a voter registration and a change‑of‑residence registration form.

3. At the time that service is initiated to a residential customer, and at least once every year thereafter, a utility corporation or municipality shall provide each such customer with an additional notice which summarizes the rights and obligations of residential customers relating to the rendition of service. At the time any such notice is provided a customer, a utility corporation or municipality shall inquire as to the customer's eligibility for the protection afforded the elderly, blind, disabled and other customers under this article.

4. The commission shall require every utility corporation or municipality providing service to a county wherein at least twenty percent of the population regularly speak a language other than English according to the most recent federal census to offer, at the request of a residential customer residing in such a county, to prepare and send to such customer its messages on bills and notices in both English and the other language.

§ 45. Payment agencies

A utility corporation or municipality may permit its customers to pay their bills to a payment agent. The date of payment to any such agent shall be regarded as the date of payment to the utility or municipality.

§ 46. Emergency disconnections to residences

Notwithstanding any other section of this article, a utility corporation or municipality may disconnect service to a residence when an emergency may threaten the health or safety of a person, the surrounding area or the utility's or municipality's distribution system. The utility corporation or municipality shall act promptly to assure restoration of service as soon as feasible. Service shall be restored to any residence before it may be terminated for any other reason.

§ 47. Inspection and examination of apparatus

1. A duly authorized agent of a utility corporation or municipality may enter any dwelling, building or other location supplied with gas or electricity by the utility corporation or municipality, for the purpose of inspecting and examining the meters, pipes, fittings, wires and other apparatus for regulating, supplying and/or ascertaining the quantity supplied, under the following terms and conditions:

(a) the agent exhibits a photo identification badge and a written authority signed by the president or vice president and secretary or assistant secretary of the corporation, or by the mayor or clerk of a municipal corporation or by the chairman and secretary of a municipal board in control of a municipal utility, and

(b) any such inspection and examination shall be conducted on a nonholiday work day between eight a.m. and six p.m. or such other reasonable time requested by the customer, except when an emergency may threaten the health or safety of a person, the surrounding area or the utility's or municipality's distribution system, or except when the commission by regulation establishes a different time for the inspection and examination where there is evidence of meter tampering or theft of services.

2. Except when an emergency may threaten the health or safety of a person, the surrounding area or the utility's or municipality's distribution system or where authorized by court order, an agent of a utility or municipality, otherwise duly authorized to inspect and examine apparatus may not enter locked premises without permission of a person lawfully in control of the premises, nor use any manner of force to carry out such inspection and examination.

§ 48. Emergency hotline

1. The commission shall establish a toll free number, to be attended from nine o'clock a.m. to nine o'clock p.m. each business day, which a residential customer may use to contact a commission designee authorized to order the reconnection, continuation or initiation of residential gas or electric service whenever a reasonable question regarding the circumstances of a termination or refusal of service exists or whenever the health and safety of a person is involved.

2. Each utility corporation or municipality shall designate an employee who can be contacted by the commission's designee and who is authorized to direct an ordered reconnection, continuation or initiation of service.

3. The commission may by regulation alter the time requirement for operation of the emergency hotline as set forth in this section if the commission determines that such alteration continues to provide substantial emergency access to the commission by residential customers.

§ 49. Residential steam service

The rights and responsibilities of customers receiving residential steam service shall be substantially comparable to those of gas and electric customers under this article. The commission shall take such actions as it deems necessary and proper to achieve this objective.

§ 50. Residential water service

Every water works corporation with gross revenues in excess of two hundred fifty thousand dollars shall provide residential service in accordance with all relevant provisions of this article. The commission shall adopt such rules and regulations as it deems necessary and proper to implement the provisions of this section.

§ 51. Rules and regulations

The commission shall adopt such additional rules and regulations as it deems necessary and proper to implement the provisions of this act.

§ 52. Gas, electric and steam service to tenants provided through shared meters

1. Definitions: As used in this section, the following terms shall have the following meanings:

(a) "Owner" means and includes the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling.

(b) "Shared meter" means any utility meter that measures gas, electric or steam service provided to a tenant's dwelling and also measures such service to1 areas outside that dwelling and such tenant pays charges for the service to areas outside the dwelling measured through such meter .

(c) "Dwelling" means any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings , including any equipment located outside such building or structure or portion thereof which is under the exclusive use and control of the occupant, and is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of one or more human beings.

(d) "Utility" means any gas, electric and steam corporation and/or municipality providing service to residential customers.

(e) "Shared meter customer" means any tenant who rents a dwelling from an owner that is served by a shared utility meter for which the tenant, rather than the owner, is the utility's customer of record.

(f) "Extraordinary cost" means the cost, as determined by a qualified professional, of installing equipment necessary to eliminate a shared meter in a dwelling or portion thereof which is in excess of the amount of rent for four months rental of such dwelling. The commission shall adopt additional rules for determining extraordinary cost based upon whether the amount of service measured by the shared meter that is utilized outside the shared meter customer's dwelling is sufficient to warrant the cost of such installation.

(g) "Legal impediment" means a restriction which prevents separate metering, rewiring, or repiping due to zoning ordinances which limit the number or type or location of meters in a building or due to the historical significance of the structure or such other legal restrictions as determined by the commission in its rules.

(h) "Shared area charges" means that portion of charges billed to the shared meter customer which remains after excluding the estimated charges for service used by the shared meter customer and where applicable, a third party, for the period during which the owner maintained a shared meter condition in violation of this section or six years whichever is shorter.

(i) "Third party involvement" means that a third party whose utility service was to be measured through another meter had caused or benefitted from a shared meter condition.

2. Owner's responsibility for service measured through a shared meter.

(a) An owner shall eliminate any shared meter condition or, in the alternative, establish an account in the owner's name for all the shared area charges for service measured through a shared meter effective six years prior to the discovery of or determination that a shared meter condition exists, or the first day of the tenancy, or the date the shared meter condition began, or the sixtieth day after the owner knew or should have known that third party involvement exists, or the date the owner assumed title to the dwelling, whichever is most recent in time and for all future service measured by the shared meter. The utility shall , upon an owner's application, open such an account and bill the owner for all applicable shared area charges and all future service measured by the shared meter through such account .

(b) (i) In the event that a legal impediment or extraordinary cost prevents elimination of a shared meter condition or in the event that the service measured through the shared meter is minimal, under commission rules adopted, pursuant to subdivision eight of this section, the owner, as an alternative to eliminating the shared meter condition, may enter into a mutually acceptable written agreement with the shared meter customer and where applicable, a third party, for apportioning the charges for service measured through the shared meter; provided, however, that the shared meter customer shall pay only for the estimated amount of service provided to the shared meter customer's dwelling, or

(ii) In the event that there is an existing written agreement between the owner and the shared meter customer, and where applicable, a third party, for the apportionment of charges for service measured by a shared meter prior to October twenty-fourth, nineteen hundred ninety-one, such agreement will remain in effect, as an alternative to eliminating the shared meter condition or establishing an account in the owner's name, until any lease or rental agreement for the rental of the dwelling expires, provided, however, that the shared meter customer or third party may request the commission or its designee to review the existing written agreement if such shared meter customer or third party believes the terms are unfair or unreasonable. If the commission or its designee finds that the terms of the existing written agreement are unfair or unreasonable, the commission or its designee shall void such agreement and assist the interested parties in negotiating and executing a mutually acceptable written agreement.

(c) (i) In the event that a mutually acceptable written agreement is negotiated and executed, the owner shall provide a copy of the agreement to the utility, the shared meter customer, and where applicable, a third party.

(ii) If the interested parties are unable to negotiate a mutually acceptable written agreement, the commission or its designee, upon a complaint by a customer or owner, shall order a remedy, consistent with the relief provided in this section, as it deems proper. The commission or its designee shall have the authority to apportion estimated charges for service measured by a shared meter among the owner, shared meter customer and any third party.

3. The provisions of this section:

(a) may not be waived by an owner, tenant, or utility; and

(b) shall not affect the validity of a lease or rental agreement in effect on or before the effective date of this section. For purposes of this section, renewals and extensions of leases and rental agreements that commence after the effective date of this section shall be deemed to be new leases and rental agreements.

4. Determination of shared meter condition.

(a) Upon a customer's verbal or written complaint that a shared meter is measuring service to the customer's dwelling and that the customer is responsible for the charges for such service or upon receipt of other information indicating that a shared meter may exist, a utility shall notify the owner in writing of the owner's responsibilities under this section, that a complaint was received or information obtained that a shared meter may exist, and that the utility is required to conduct an investigation. Upon the request of an owner or upon a complaint by a customer or upon receipt of information indicating that a shared meter may exist, a utility shall investigate and determine whether such service is or is not measured by a shared meter. The utility may determine if separate metering or rewiring or repiping is possible and shall provide the owner with information describing how shared meter conditions can be eliminated. The investigation shall include, but not be limited to, conducting appropriate tests, an examination of wiring, piping, meters and heating equipment in the building as may be needed, an estimate of gas, electricity or steam used in the shared meter customer's dwelling and in areas outside the dwelling, and a review of billing records.

(b) The determination shall be provided in writing, within thirty business days of the date of the complaint or receipt of information or owner's request, to the customer, owner and any other tenants receiving service measured by the shared meter. Such written determination shall include a description of the specific areas outside the dwelling served by the shared meter, the nature of the uses of the service, and the proportional amount of service registered on the shared meter that is provided to the shared meter customer's dwelling and to areas outside the dwelling. A notice shall be included with the determination informing the recipients of the availability of the commission's complaint handling procedures, and providing the department's address and telephone number for filing objections to such determination.

(c) Failure of an owner to provide access to any common area in the building or to cooperate with any reasonable request made by the investigating utility shall result in a determination that the customer's dwelling is served by a shared meter, specifying the owner's action that such utility understood to be a failure to cooperate. Failure of a customer making a shared meter complaint to provide access to a dwelling controlled by the customer or to cooperate with any reasonable request made by the investigating utility shall cause the utility to suspend the investigation and to notify in writing the customer and the owner that the investigation is suspended, specifying the customer's action that such utility understood to be a failure to cooperate. A utility duly acting under this paragraph is entitled to make the determinations provided for1 and shall be held harmless from any subsequent monetary claim by2 an owner that the dwelling was not served by a shared meter3 or by a4 shared meter customer that the dwelling was served by a shared meter.

(d) Any customer filing a complaint under this section or owner who disagrees with a utility's determination may utilize the commission's complaint handling procedures to obtain a written departmental determination by complaining to the department within forty-five days after receipt of the utility's determination. In the event that the utility fails to provide a determination on a complaint under this section within the required time period, the department shall investigate, upon the shared meter customer's or owner's request, and issue a written determination. The commission or its designee shall have the authority to apportion estimated charges for service measured by a shared meter among the owner, shared meter customer and any third party.

5. Change in billing. Notwithstanding any inconsistent provision of law, one hundred twenty days after notice is sent to the owner that the utility or the department has made a final determination that the shared meter customer's dwelling is served by a shared meter in violation of subdivision two of this section:

(a) the utility shall verify that, pursuant to subdivision two of this section, the owner has eliminated the shared meter condition or has entered into a mutually acceptable written agreement with the shared meter customer and where applicable, a third party, for apportioning the charges for service measured by the shared meter and has provided a copy to the utility, or, as an alternative to eliminating the shared meter condition, has established a separate account in the owner's name as the customer of record for all applicable shared area charges and all future service measured by the shared meter;

(b) if the owner has not eliminated the shared meter or entered into such agreement or established such account or if the amount of the service is not minimal under commission rules adopted pursuant to subdivision eight of this section, the utility shall establish an account in the owner's name as the customer of record for service measured through the shared meter and bill the owner for all applicable shared area charges and all future service measured through the shared meter; provided, however, that the commission or its designee may grant an extension not to exceed ninety days to an owner if, in its judgment, extenuating circumstances beyond an owner's control prevented timely compliance, or such shared meter is the subject of an ongoing department review regarding the apportionment of estimated charges pursuant to subparagraph (ii) of paragraph (c) of subdivision two of this section;

(c) the utility shall refund to the customer or cancel shared area charges; provided, however, that when third party involvement exists, the utility shall credit the shared meter customer for all the estimated charges of the third party;

(d) when such determination follows a customer complaint regarding a shared meter condition or a utility discovery of a shared meter condition that is not in response to an owner's request for a utility inspection for a shared meter condition, with respect to utility service billed after December first, nineteen hundred ninety-six, the utility shall comply with the provisions of paragraphs (a), (b) and (c) of this subdivision, and further bill the owner and refund to the shared meter customer an estimated amount of charges for twelve months of all service measured by the shared meter; provided, however, that this paragraph shall not apply to a shared meter condition if service measured through the shared meter is minimal under commission rules adopted pursuant to subdivision eight of this section. An owner so billed may petition the commission or its designee for a determination that the amount of such bill is excessive and that such bill and refund be adjusted accordingly; provided, however, neither the adjusted bill nor the adjusted refund shall be less than twenty‑five percent of the total amount of the original bill. The commission is authorized to make such a determination and adjustment if it finds that a bill and refund of twelve months' charges is unduly burdensome and unfair. In making such determination the commission or its designee shall consider the total amount of the bill and refund in relation to the shared area charges over such twelve month period and any other equitable factors established by the commission; and

(e) the utility shall bill the third party, when third party involvement exists, instead of the owner, for the applicable estimated charges for service used by the third party credited by the utility to the shared meter customer.

6. Refunded and cancelled utility charges.

(a) No owner may bill a shared meter customer or otherwise recover from such customer any portion of the cancelled charges or charges refunded to such customer and shall not bill such customer for any portion or percentage of any future shared meter bills in the owner's name; provided, however, that this section shall not preclude an owner from increasing future rents by a specific sum to the extent otherwise permitted by law.

(b) A shared meter customer who receives a refund from a utility pursuant to this section shall return a proportional share of that refund to each person who had paid that shared meter customer for utility service associated with the payment so refunded. The utility shall be held harmless from the claim of any person for a share of any payment so refunded.

7. Remedies Where the owner or shared meter customer demonstrates the existence of third party involvement , the owner or shared meter customer shall be entitled respectively to recover the charges billed by the utility to the owner's account, or to the shared meter customer's account, pursuant to this section in a civil action against the third party in a court of competent jurisdiction.

8. Minimal service Notwithstanding any provision of this section to the contrary, the commission shall determine an appropriate quantity of service on a shared meter that is utilized outside of the shared meter customer's dwelling which is to be considered minimal in commission rules and regulations.

9. Notice requirements. On or before December first, nineteen hundred ninety‑five, every utility shall notify its residential customers and each owner served by the utility of the requirements of this section. Each utility may request from its customers the names and addresses of the owners or recipients of rent for dwellings occupied by the customers or obtain such names and addresses from any available public records in order to provide the notice required by this subdivision. Such notice shall be mailed in a postpaid wrapper under separate cover than bills for service to the premises. Every utility shall also provide notice at least annually to owners of dwellings, to the extent practicable, under a plan submitted by the utility and approved by the department. Every utility shall also implement an outreach program subsequent to such written notice. Each utility shall submit a plan to provide notice within sixty days of the effective date of this subdivision. In addition, every utility shall notify each of its customers at least annually, of the requirements that apply to owners, shared meter customers and utilities pursuant to this section and shall include the department's address and phone number for questions and complaints. In addition, each utility may arrange for the publication of notices in newspapers or the broadcasting in other media of notices describing such requirements. The notices shall be subject to the approval of the department.

10. Treatment of refunds.

(a) Where, as of the effective date of this subdivision, an owner of a building consisting of one to five dwelling units has been billed for service measured through a shared meter without an apportionment of charges for service used by the shared meter customer and, where applicable, a third party, the utility shall refund to the owner, upon the written request of the owner, any charges which represent service used in the shared meter customer's dwelling and, where applicable, a third party. Such written request must be submitted no later than December first, nineteen hundred ninety-seven, provided that an owner may petition the commission or its designee for an extension upon a finding that such owner has not received timely or adequate notice of the availability of such refund. In any case where an owner has been billed but has not paid for such service, the utility shall only collect from the owner shared area charges. The utility shall not attempt to charge the shared meter customer or the third party for any monies refunded to the owner pursuant to this section.

(b) In any case where a shared meter customer is entitled, following a final determination of shared meter condition prior to the effective date of this subdivision, to a refund but has not received such refund because the owner has not made payments for which the owner was billed, such shared meter customer shall receive his or her refund from the utility.

(c) Notwithstanding any other provision of this section, in the case where a shared meter customer is entitled, following a final determination of a shared meter condition, to a refund or cancellation of shared meter charges and title to the dwelling has been transferred to a new owner, such shared meter customer shall receive his or her refund from the utility for charges for service measured through a shared meter, excluding the estimated charges for service used in the shared meter customer's dwelling, for the period of time effective six years prior to the discovery of or determination that a shared meter condition exists, or the first day of the tenancy, or the date the shared meter condition began, whichever is most recent in time.

(d) The commission shall investigate whether and to what extent refunds provided pursuant to this subdivision were made necessary by inadequate notice to customers regarding the provisions of this section.

11. Other relief. Notwithstanding any other provision of this section, the rights of a utility customer under this article to seek and obtain relief for payments made for service not provided to his or her dwelling shall not be diminished in any manner. Unless otherwise specified in this section, the rights of a utility to collect payment for service rendered but unpaid shall not be diminished in any manner.

12. Apportionment. The commission shall establish guidelines for estimating the amount of utility use in other space outside the shared meter customer's dwelling and for apportioning costs required by this section.