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A02521 Summary:

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A02521 Committee Votes:

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A02521 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2521--A
                                                                Cal. No. 354
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2015
                                       ___________
 
        Introduced  by M. of A. SANTABARBARA, ROBINSON, RIVERA, WOERNER, LAVINE,
          PERRY -- read once and referred to the Committee on Small Business  --
          reported  and  referred to the Committee on Ways and Means -- reported
          from committee, advanced to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the economic development law and the public service law,
          in relation to small business energy assistance and advocacy services
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The legislature hereby finds and declares that rising ener-
     2  gy costs present a significant barrier to the economic viability of  New
     3  York's  small businesses, a crucial sector of the state's economy. Small
     4  businesses can least afford the time and cost  associated  with  seeking
     5  opportunities  to conserve energy, utilize energy efficient products and
     6  processes and gain access to renewable sources of energy. The  viability
     7  of small businesses and the overall economic and environmental status of
     8  New  York  state  will  be  enhanced  by  the development, expansion and
     9  promotion of accessible and affordable programs to  assist  small  busi-
    10  nesses  in  energy conservation, energy efficiency, and increased use of
    11  renewable resources, and by ensuring equitable treatment of small  busi-
    12  nesses in the proceedings of energy-related regulatory agencies.
    13    The  legislature hereby establishes a small business energy assistance
    14  and advocacy services program as part of the division for small business
    15  within the New York state department of economic development  to  assist
    16  small businesses in accessing energy conservation, energy efficiency and
    17  renewable  energy programs available through public and private sources,
    18  and to advocate for the initiation and expansion of  such  programs  and
    19  for  equitable  treatment  of small businesses in regulatory proceedings
    20  related to energy.
    21    § 2. The economic development law is amended by adding a  new  section
    22  138-a to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01494-02-5
        A. 2521--A                          2
 
     1    §  138-a.  Small  business  energy  assistance  and  advocacy services
     2  program.  1. There is hereby established within  the  division  a  small
     3  business energy assistance and advocacy services program.
     4    2. The small business energy assistance and advocacy services program,
     5  directly  and  in conjunction with other divisions of the department and
     6  with other agencies of the state, federal agencies or local governments,
     7  shall:
     8    a. solicit input from small businesses and from organizations  repres-
     9  enting  small  businesses, such as trade associations or other entities,
    10  regarding the energy assistance needs of small businesses;
    11    b. with such input and the assistance of the small  business  advisory
    12  board  and other appropriate state agencies, identify issues relating to
    13  energy availability, affordability and  sustainability  affecting  small
    14  businesses  and  assist  the  advisory  board and the division in making
    15  recommendations for legislative, regulatory and programmatic actions  to
    16  address such issues;
    17    c.  coordinate  with  entities  including  the  New  York state energy
    18  research and development authority, the power authority of the state  of
    19  New  York  and  other appropriate public utility authorities established
    20  pursuant to article five of  the  public  authorities  law,  the  public
    21  service commission, investor-owned utilities and other appropriate enti-
    22  ties to facilitate and promote the participation of small businesses and
    23  associations representing small businesses in the development and imple-
    24  mentation of energy assistance programs;
    25    d.  provide  guidance and recommendations to the New York state energy
    26  research and development authority, the power authority of the state  of
    27  New  York  and  other public utility authorities established pursuant to
    28  article five of the public authorities law, the public  service  commis-
    29  sion, investor-owned utilities and other entities regarding the develop-
    30  ment  and implementation of energy assistance programs and on the impact
    31  of state energy policy on small businesses;
    32    e. provide to small businesses information  and  materials  on  energy
    33  assistance  programs,  cooperative  fuel  purchasing  efforts  and other
    34  programs to maintain the affordability of energy, and provide access  to
    35  such information and materials on the department's website; and
    36    f.  refer  small businesses to specialists for information and assist-
    37  ance on affordable alternative technologies, process  changes,  products
    38  and operational methods to achieve energy savings.
    39    3.  The small business energy assistance and advocacy services program
    40  shall advocate before the public service commission and other state  and
    41  federal  regulatory agencies for the adoption of appropriate regulations
    42  providing for equitable treatment of small businesses in  energy-related
    43  policies,  including  but  not  limited to extending reasonable consumer
    44  protections to small businesses in energy-related matters.
    45    § 3. Section 71 of the public service law, as amended by  chapter  521
    46  of the laws of 2013, is amended to read as follows:
    47    § 71. Complaints  as  to  quality  and  price  of gas and electricity;
    48  investigation by commission; forms of complaints. Upon the complaint  in
    49  writing  of  the  mayor  of  a city, the trustees of a village, the town
    50  board of a town or the chief executive officer or the  legislative  body
    51  of  a  county in which a person or corporation is authorized to manufac-
    52  ture, convey, transport, sell or supply gas  or  electricity  for  heat,
    53  light  or power, or upon the complaint in writing of not less than twen-
    54  ty-five customers or purchasers of such gas or electricity, or upon  the
    55  complaint  in  writing  of  the  department of state or the division for
    56  small business, or upon a complaint of a gas corporation  or  electrical
        A. 2521--A                          3
 
     1  corporation supplying or transmitting said gas or electricity, as to the
     2  illuminating  or heating power, purity or pressure or the rates, charges
     3  or classifications of service of gas, the  efficiency  of  the  electric
     4  incandescent lamp supply, the voltage of the current supplied for light,
     5  heat  or  power,  or  the  rates charged or classification of service of
     6  electricity sold and delivered in such municipality, or as to the extent
     7  or duration of a disruption in gas or electricity service,  the  commis-
     8  sion  shall  investigate  as  to the cause for such complaint. When such
     9  complaint is made, the commission may,  by  its  agents,  examiners  and
    10  inspectors,  inspect  the  works, system, plant, devices, appliances and
    11  methods used by such person or corporation in  manufacturing,  transmit-
    12  ting  and supplying such gas or electricity, and may examine or cause to
    13  be examined the books and papers of such person, or corporation pertain-
    14  ing to the manufacture, sale, transmitting and supplying of such gas  or
    15  electricity.  The  form  and  contents of complaints made as provided in
    16  this section shall be prescribed  by  the  commission.  Such  complaints
    17  shall  be  signed  by  the  officers, or by the customers, purchasers or
    18  subscribers making them, who must add to their signatures  their  places
    19  of residence, by street and number, if any. The commission shall publish
    20  the  form  and  instructions for completing the form on the commission's
    21  website.
    22    § 4. Section 84 of the public service law, as amended by section 49 of
    23  part A of chapter 62 of the laws of 2011, is amended to read as follows:
    24    § 84. Complaints as to service and price of steam heat;  investigation
    25  by commission; forms of complaints. Upon the complaint in writing of the
    26  mayor of the city, the trustees of a village or the town board of a town
    27  in  which  a person or corporation is authorized to manufacture, sell or
    28  supply steam for heat or power, or upon the complaint in writing of  not
    29  less  than fifty customers or purchasers of such steam heat in cities of
    30  the first or second class, or of not less than twenty-five in cities  of
    31  the  third  class,  or  of  not  less  than  ten  elsewhere, or upon the
    32  complaint in writing of the department of  state  or  the  division  for
    33  small  business,  as  to  the  price,  pressure  or  efficiency of steam
    34  supplied for heat or power, sold and delivered in such municipality, the
    35  commission shall investigate as to the cause for  such  complaint.  When
    36  such complaint is made, the commission may, by its agents, examiners and
    37  inspectors,  inspect  the  work,  system, plant, devices, appliances and
    38  methods used by such person or corporation in  manufacturing,  transmit-
    39  ting  and  supplying such steam, and may examine or cause to be examined
    40  the books and papers of such person or  corporation  pertaining  to  the
    41  manufacture,  sale,  transmitting  and supplying of such steam. The form
    42  and contents of complaints made as provided in  this  section  shall  be
    43  prescribed  by  the  commission.  Such  complaint shall be signed by the
    44  officers, or by the customers, purchasers or  subscribers  making  them,
    45  who must add to their signatures their place of residence, by street and
    46  number, if any.
    47    §  5.  This  act shall take effect September 1, 2017.  Effective imme-
    48  diately the department of economic development and  the  public  service
    49  commission  shall be authorized to take any and all actions necessary to
    50  fully implement the provisions of this act on such effective date.