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A02197 Summary:

A02197 Actions:

A02197 Committee Votes:

Committee:ENERGY   Chair:Barrett      
DATE:04/25/2023AYE/NAY:11/5  Action: Favorable         
Barrett
Aye
Palmesano
Nay
Santabarbara
Aye
Blankenbush
Nay
Dilan
Aye
Smith
Nay
Hunter
Aye
Manktelow
Nay
Stern
Aye
Gray
Nay
Anderson
Aye
Rivera
Aye
Mamdani
Aye
Conrad
Aye
Lucas
Excused
Cunningham
Aye
Shrestha
Aye

A02197 Floor Votes:

A02197 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2197
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by  M. of A. DINOWITZ, OTIS -- read once and referred to the
          Committee on Energy
 
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          comparison of prices charged by energy services companies
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 9, 10, 11 and  12  of  section  349-d  of  the
     2  general  business  law, subdivision 9 as amended by section 34 of part A
     3  of chapter 62 of the laws of 2011 and subdivisions  10,  11  and  12  as
     4  added  by  chapter  416  of  the  laws  of  2010, are amended to read as
     5  follows:
     6    9. The first page of each billing statement from an ESCO delivered  to
     7  the  customer,  either by the ESCO directly or by a utility corporation,
     8  by a municipality or by any other method, shall include  a  side-by-side
     9  comparison  showing both the price charged by the ESCO for commodity and
    10  delivery service during the prior billing  period,  and  the  price  the
    11  customer  would  have paid had they taken commodity and delivery service
    12  from their local utility corporation  or  municipality,  as  applicable.
    13  Such  statement  shall also include, separately and apart from the price
    14  charged by the ESCO for commodity and delivery service, an itemized list
    15  of prices  charged  by  the  ESCO  for  any  energy-related  value-added
    16  products provided by the ESCO during the prior billing period.
    17    10.  Every  twelve months, an ESCO shall provide each of its customers
    18  with a statement comparing the price charged by the ESCO  for  commodity
    19  and delivery services and other energy-related value-added products over
    20  the  prior  twelve-month  period with the price such customer would have
    21  paid had they taken commodity and  delivery  service  from  their  local
    22  utility  corporation  or  municipality,  as applicable, for such period.
    23  Such statement shall convey such information in a manner  that  unambig-
    24  uously  conveys whether the customer is saving money or paying a premium
    25  for service from the ESCO over such period.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00763-01-3
        A. 2197                             2
 
     1    11. The attorney general, upon his or her own motion or upon  referral
     2  from  the  public service commission, the Long Island power authority or
     3  the department of state, may bring a civil  action  against  any  energy
     4  services  company  that  violates  any provision of this section and may
     5  recover  (a)  a  civil  penalty  not  to exceed one thousand dollars per
     6  violation; and (b) costs and reasonable attorney's  fees.  In  any  such
     7  proceeding the court may direct restitution.
     8    [10.]  12.  In addition to the right of action granted to the attorney
     9  general pursuant to this section, any person who  has  been  injured  by
    10  reason  of  any  violation of this section may bring an action in his or
    11  her own name to enjoin such unlawful  act  or  practice,  an  action  to
    12  recover  his or her actual damages or five hundred dollars, whichever is
    13  greater, or both  such  actions.  The  court  may,  in  its  discretion,
    14  increase the award of damages to an amount not to exceed three times the
    15  actual  damages  up  to  ten  thousand  dollars,  if the court finds the
    16  defendant willfully or knowingly violated this section.  The  court  may
    17  award reasonable attorney's fees to a prevailing plaintiff.
    18    [11.] 13. Nothing in this section shall be deemed to limit any author-
    19  ity of the public service commission or the Long Island power authority,
    20  which  existed  before  the  effective  date  of this section, to limit,
    21  suspend or revoke the eligibility of an energy services company to  sell
    22  or  offer for sale any energy services for violation of any provision of
    23  law, rule, regulation  or  policy  enforceable  by  such  commission  or
    24  authority.
    25    [12.] 14. Nothing in this section shall be deemed to limit any author-
    26  ity of the public service commission or the Long Island power authority,
    27  which  existed before the effective date of this section, to adopt addi-
    28  tional guidelines, practices, policies, rules or regulations relating to
    29  the marketing practices of energy services companies to residential  and
    30  commercial  customers, whether in person (including door to door), or by
    31  mail, telephone or other electronic means,  that  are  not  inconsistent
    32  with the provisions of this section.
    33    § 2. This act shall take effect on the one hundred eightieth day after
    34  it  shall have become a law. Effective immediately, the addition, amend-
    35  ment and/or repeal of any rule or regulation necessary for the implemen-
    36  tation of this act on its effective date are authorized to be made on or
    37  before such date.