|SAME AS||SAME AS S02376-A|
|Amd §65, Pub Serv L|
|Prohibits suppliers of natural gas or electric service from changing a customer's supplier of gas or electric service (commonly known as "slamming") unless such supplier complies with requirements established by the public service commission; authorizes the commission to establish requirements for customer consent; makes enforcement provisions to punish violators of slamming requirements.|
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STATE OF NEW YORK ________________________________________________________________________ 3245--A 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01192-03-9A. 3245--A 2 1 failure or neglect to obey or comply with a provision of this chapter or 2 the administrative penalty established in this subdivision. In seeking 3 such judicial penalty or assessing such administrative penalty, the 4 commission shall take into account the nature, circumstances, extent, 5 gravity and number of the violations, and with respect to the violator, 6 the degree of culpability, any history of prior offenses and repeated 7 violations, and such other matters as may be appropriate and relevant. 8 The remedies provided by this subdivision shall be in addition to any 9 other remedies provided by law. 10 (c) The commission, after opportunity for a hearing, shall have the 11 authority to assess directly an administrative penalty against any 12 supplier of gas or electric service for each violation of this subdivi- 13 sion or order of the commission implementing or enforcing the provisions 14 of this subdivision. Such penalty shall not exceed one thousand dollars 15 for each violation associated with each meter service point. All moneys 16 recovered from any administrative penalty shall be paid into the state 17 treasury to the credit of the general fund. 18 (d) Whenever the commission determines that any supplier of gas or 19 electric service is violating or about to violate any provision of this 20 subdivision or any regulation or order of the commission implementing or 21 enforcing the provisions of this subdivision, or has failed to pay any 22 penalty assessed pursuant to the provisions of this subdivision, the 23 commissioner shall have power to bring an action or enforcement proceed- 24 ing as provided by section twenty-six of this chapter. 25 § 2. This act shall take effect on the one hundred twentieth day after 26 it shall have become a law. Effective immediately, the addition, amend- 27 ment and/or repeal of any rule or regulation necessary for the implemen- 28 tation of this act on its effective date are authorized and directed to 29 be made and completed on or before such effective date.