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A06766 Summary:

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A06766 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6766
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 12, 2009
                                       ___________
 
        Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
          tee on Small Business
 
        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:
    23    § 138-a.  Small  business  energy  assistance  and  advocacy  services
    24  program.    1.  There  is hereby established within the division a small

    25  business energy assistance and advocacy services program.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10175-01-9
        A. 6766                             2
 
     1    2. The small business energy assistance and advocacy services program,
     2  directly and in conjunction with other divisions of the  department  and
     3  with other agencies of the state, federal agencies or local governments,
     4  shall:
     5    a.  solicit input from small businesses and from organizations repres-
     6  enting small businesses, such as trade associations or  other  entities,

     7  regarding the energy assistance needs of small businesses;
     8    b.  with  such input and the assistance of the small business advisory
     9  board and other appropriate state agencies, identify issues relating  to
    10  energy  availability,  affordability  and sustainability affecting small
    11  businesses and assist the advisory board  and  the  division  in  making
    12  recommendations  for legislative, regulatory and programmatic actions to
    13  address such issues;
    14    c. coordinate with  entities  including  the  New  York  state  energy
    15  research  and development authority, the power authority of the state of
    16  New York and other appropriate public  utility  authorities  established
    17  pursuant  to  article  five  of  the  public authorities law, the public

    18  service commission, investor-owned utilities and other appropriate enti-
    19  ties to facilitate and promote the participation of small businesses and
    20  associations representing small businesses in the development and imple-
    21  mentation of energy assistance programs;
    22    d. provide guidance and recommendations to the New York  state  energy
    23  research  and development authority, the power authority of the state of
    24  New York and other public utility authorities  established  pursuant  to
    25  article  five  of the public authorities law, the public service commis-
    26  sion, investor-owned utilities and other entities regarding the develop-
    27  ment and implementation of energy assistance programs and on the  impact
    28  of state energy policy on small businesses;

    29    e.  provide  to  small  businesses information and materials on energy
    30  assistance programs,  cooperative  fuel  purchasing  efforts  and  other
    31  programs  to maintain the affordability of energy, and provide access to
    32  such information and materials on the department's website; and
    33    f. refer small businesses to specialists for information  and  assist-
    34  ance  on  affordable alternative technologies, process changes, products
    35  and operational methods to achieve energy savings.
    36    3. a. The small  business  energy  assistance  and  advocacy  services
    37  program  shall  represent  the  interests of small businesses before the
    38  public service commission  pursuant  to  section  twenty-four-c  of  the

    39  public service law, and shall be authorized to initiate, intervene in or
    40  participate  in any proceedings before the public service commission and
    41  in any other such energy-related proceedings as the division deems to be
    42  necessary or appropriate.
    43    b. The small business energy assistance and advocacy services  program
    44  shall  advocate before the public service commission and other state and
    45  federal regulatory agencies for the adoption of appropriate  regulations
    46  providing  for equitable treatment of small businesses in energy-related
    47  policies, including but not limited  to  extending  reasonable  consumer
    48  protections to small businesses in energy-related matters.
    49    § 3. The public service law is amended by adding a new section 24-c to
    50  read as follows:

    51    §  24-c.  Notice  to  be  given to division prior to rate increase. 1.
    52  Notwithstanding any inconsistent general, special or local law  or  rule
    53  or  regulation  to  the contrary, the commission shall to the extent the
    54  division shall so request in any cases or class of cases, give notice to
    55  the division of any filed statement  proposing  to  modify  or  increase
    56  rates,  services, schedule of rates or any other rating rule or to adopt
        A. 6766                             3
 
     1  or amend any rate or service rules or regulations within five days after
     2  the commission shall have  received  such  statement  from  any  utility
     3  subject  to  its jurisdiction; provided, however, that in lieu of giving

     4  such notice, the commission may direct that the utility give such notice
     5  to  the  division.  The commission shall directly notify the division of
     6  any such case that is not initiated by a utility.
     7    2. In any such case in which the division shall file with the  commis-
     8  sion a statement of intent to be a party, the division shall have and in
     9  its discretion may exercise all the rights and privileges of a party.
    10    3.  For  the  purposes of this section, the term "division" shall mean
    11  the division for small business established by  article  four-B  of  the
    12  economic  development  law,  and  the  term  "commission" shall mean the
    13  public service commission.
    14    § 4. This act shall take effect on the first of April next  succeeding

    15  the  date on which it shall have become a law. Effective immediately the
    16  department of economic development and  the  public  service  commission
    17  shall  be  authorized  to  take  any  and all actions necessary to fully
    18  implement the provisions of this act on such effective date.