A09438 Summary:
| BILL NO | A09438 |
| SAME AS | SAME AS S08794 |
| SPONSOR | Dinowitz |
| COSPNSR | |
| MLTSPNSR | |
| Amd §349-d, Gen Bus L; amd §2, Chap of 2025 (as proposed in S.3876 & A.3875) | |
| Relates to requirements for price comparisons of prices charged by energy services companies on customer bills. | |
A09438 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 9438 IN ASSEMBLY January 6, 2026 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Energy AN ACT to amend the general business law, in relation to the requirement to include a comparison of prices charged by energy services companies on a customer's billing statement; and to amend a chapter of the laws of 2025 amending the general business law relating to requiring comparison of prices charged by energy services companies, as proposed in legislative bills numbers S. 3876 and A. 3875, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 9 and 10 of section 349-d of the general busi- 2 ness law, subdivision 9 as amended and subdivision 10 as added by a 3 chapter of the laws of 2025 amending the general business law relating 4 to requiring comparison of prices charged by energy services companies, 5 as proposed in legislative bills numbers S. 3876 and A. 3875, are 6 amended and a new subdivision 10-a is added to read as follows: 7 9. (a) The first page of each billing statement from an ESCO delivered 8 to the customer, [either] whether by the ESCO directly [or], by a utili- 9 ty corporation, by a municipality, or by any other method, shall include 10 a side-by-side comparison showing both the price charged by the ESCO for 11 commodity [and] service and the price charged to the customer for deliv- 12 ery service during the prior billing period, and the price the customer 13 would have paid had [they] the customer taken both commodity and deliv- 14 ery service from their local utility corporation or municipality, as 15 applicable. Such statement shall also include, separately and apart from 16 the price charged by the ESCO for commodity service and the price 17 charged to the customer for delivery service, an itemized list of prices 18 charged by the ESCO for any energy-related value-added products provided 19 by the ESCO during the prior billing period. 20 (b) For the purposes of this subdivision and subdivision ten of this 21 section, "customer" shall mean a person receiving residential utility 22 service from an ESCO or a small non-residential customer, as that term EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07240-04-6A. 9438 2 1 is defined in section sixty-six-w of the public service law, receiving 2 utility service from an ESCO. 3 10. Every twelve months, an ESCO shall provide each of its customers 4 with a statement comparing the price charged by the ESCO for commodity 5 [and delivery services] service, the price charged to the customer for 6 delivery service and any other energy-related value-added products 7 charged to the customer as a customer of the ESCO over the prior twelve- 8 month period with the price such customer would have paid had [they] 9 such customer taken both commodity and delivery service from [their] the 10 local utility corporation or municipality, as applicable, for such peri- 11 od. Such statement shall convey such information in a manner that unam- 12 biguously conveys whether the customer is saving money or paying a 13 premium for service from the ESCO over such period. 14 10-a. (a) ESCOs shall be responsible for any costs incurred by a util- 15 ity corporation or municipality to comply with subdivisions nine and ten 16 of this section, and any such costs incurred by a utility corporation or 17 municipality shall be recoverable from the ESCO, in a manner prescribed 18 by the public service commission. ESCOs shall not recover any costs from 19 customers related to compliance with subdivisions nine and ten of this 20 section. 21 (b) For the purposes of this subdivision, "customer" shall mean a 22 person receiving energy service from an ESCO. 23 § 2. Section 2 of a chapter of the laws of 2025 amending the general 24 business law relating to requiring comparison of prices charged by ener- 25 gy services companies, as proposed in legislative bills numbers S. 3876 26 and A. 3875, is amended to read as follows: 27 § 2. This act shall take effect on the one hundred eightieth day after 28 it shall have become a law. Effective immediately, the addition, amend- 29 ment and/or repeal of any rule or regulation necessary for the implemen- 30 tation of this act on its effective date are authorized to be made or 31 initiated by the public service commission on or before such date. 32 § 3. This act shall take effect immediately; provided that section one 33 of this act shall take effect on the same date and in the same manner as 34 a chapter of the laws of 2025 amending the general business law relating 35 to requiring comparison of prices charged by energy services companies, 36 as proposed in legislative bills numbers S. 3876 and A. 3875, takes 37 effect.