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A03245 Summary:

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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A03245 Text:

                STATE OF NEW YORK
                               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-
        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.

        A. 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.
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