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A01903 Summary:

A01903 Actions:

A01903 Committee Votes:

A01903 Floor Votes:

A01903 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1903
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2015
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Consumer Affairs and Protection
 
        AN  ACT  to  amend  the  public service law, in relation to unauthorized
          changes in suppliers of natural gas and electric service
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 65 of the public service law is amended by adding a
     2  new subdivision 16 to read as follows:
     3    16.  Unauthorized changes in natural gas or electric service prohibit-
     4  ed. (a) No supplier of gas or electric service or any  person,  firm  or
     5  corporation  acting  as such supplier's agent or representative shall on
     6  behalf of a customer make or direct any change in a supplier of  gas  or
     7  electric  service unless such supplier, agent or representative complies
     8  with requirements to authorize and verify  the  change.  The  commission
     9  shall  have  the  authority  to establish requirements for obtaining the
    10  authorization of a customer to effect a change in the customer's suppli-
    11  er of gas or electric service and for the verification of  such  change.
    12  In  construing and enforcing the provisions of this subdivision, the act
    13  of any person, firm or corporation acting as an agent or  representative
    14  of  a  supplier of gas or electric service shall be deemed to be the act
    15  of such supplier of gas or electric service. For the  purposes  of  this
    16  subdivision,  "supplier  of  gas  or electric service" shall include any
    17  person, firm or corporation that offers, sells or delivers all  or  part
    18  of natural gas or electric service, including, but not limited to, a gas
    19  or  electric  distribution company, a gas or electric corporation, a gas
    20  or electricity provider, marketer, aggregator or broker.
    21    (b) The failure to comply with  the  provisions  in  this  subdivision
    22  shall  subject a supplier of gas or electric service to either the judi-
    23  cial penalty authorized in section twenty-five of this chapter  for  the
    24  failure or neglect to obey or comply with a provision of this chapter or
    25  the  administrative  penalty established in this subdivision. In seeking
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00703-01-5
        A. 1903                             2
 
     1  such judicial penalty or  assessing  such  administrative  penalty,  the
     2  commission  shall  take  into account the nature, circumstances, extent,
     3  gravity and number of the violations, and with respect to the  violator,
     4  the  degree  of  culpability, any history of prior offenses and repeated
     5  violations, and such other matters as may be appropriate  and  relevant.
     6  The  remedies  provided  by this subdivision shall be in addition to any
     7  other remedies provided by law.
     8    (c) The commission, after opportunity for a hearing,  shall  have  the
     9  authority  to  assess  directly  an  administrative  penalty against any
    10  supplier of gas or electric service for each violation of this  subdivi-
    11  sion or order of the commission implementing or enforcing the provisions
    12  of  this subdivision. Such penalty shall not exceed one thousand dollars
    13  for each violation associated with each meter service point. All  moneys
    14  recovered  from  any administrative penalty shall be paid into the state
    15  treasury to the credit of the general fund.
    16    (d) Whenever the commission determines that any  supplier  of  gas  or
    17  electric  service is violating or about to violate any provision of this
    18  subdivision or any regulation or order of the commission implementing or
    19  enforcing the provisions of this subdivision, or has failed to  pay  any
    20  penalty  assessed  pursuant  to  the provisions of this subdivision, the
    21  commissioner shall have power to bring an action or enforcement proceed-
    22  ing as provided by section twenty-six of this chapter.
    23    § 2.  This act shall take effect on  the  one  hundred  twentieth  day
    24  after  it  shall  have  become  a law; provided, however, that effective
    25  immediately, the addition, amendment and/or repeal of any rule or  regu-
    26  lation  necessary  for  the  implementation of this act on its effective
    27  date is authorized and directed to be made and completed  on  or  before
    28  such effective date.