Bill Text: NY A01027 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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 requirement established by the public service commission; authorizes the commission to establish requirements for customer consent; makes enforcement provisions to punish violators of slamming requirements.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-05-12 - enacting clause stricken [A01027 Detail]

Download: New_York-2011-A01027-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1027
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M. of A. PHEFFER, GABRYSZAK -- read once and referred to
         the Committee on Consumer Affairs and Protection
       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 14 to read as follows:
    3    14. 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
   24  FAILURE OR NEGLECT TO OBEY OR COMPLY WITH A PROVISION OF THIS CHAPTER OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00743-01-1
       A. 1027                             2
    1  THE ADMINISTRATIVE PENALTY ESTABLISHED IN THIS SUBDIVISION.  IN  SEEKING
    2  SUCH  JUDICIAL  PENALTY  OR  ASSESSING  SUCH ADMINISTRATIVE PENALTY, THE
    3  COMMISSION SHALL TAKE INTO ACCOUNT THE  NATURE,  CIRCUMSTANCES,  EXTENT,
    4  GRAVITY  AND NUMBER OF THE VIOLATIONS, AND WITH RESPECT TO THE VIOLATOR,
    5  THE DEGREE OF CULPABILITY, ANY HISTORY OF PRIOR  OFFENSES  AND  REPEATED
    6  VIOLATIONS,  AND  SUCH OTHER MATTERS AS MAY BE APPROPRIATE AND RELEVANT.
    7  THE REMEDIES PROVIDED BY THIS SUBDIVISION SHALL BE IN  ADDITION  TO  ANY
    8  OTHER REMEDIES PROVIDED BY LAW.
    9    (C)  THE  COMMISSION,  AFTER OPPORTUNITY FOR A HEARING, SHALL HAVE THE
   10  AUTHORITY TO ASSESS  DIRECTLY  AN  ADMINISTRATIVE  PENALTY  AGAINST  ANY
   11  SUPPLIER  OF GAS OR ELECTRIC SERVICE FOR EACH VIOLATION OF THIS SUBDIVI-
   12  SION OR ORDER OF THE COMMISSION IMPLEMENTING OR ENFORCING THE PROVISIONS
   13  OF THIS SUBDIVISION. SUCH PENALTY SHALL NOT EXCEED ONE THOUSAND  DOLLARS
   14  FOR  EACH VIOLATION ASSOCIATED WITH EACH METER SERVICE POINT. ALL MONEYS
   15  RECOVERED FROM ANY ADMINISTRATIVE PENALTY SHALL BE PAID INTO  THE  STATE
   16  TREASURY TO THE CREDIT OF THE GENERAL FUND.
   17    (D)  WHENEVER  THE  COMMISSION  DETERMINES THAT ANY SUPPLIER OF GAS OR
   18  ELECTRIC SERVICE IS VIOLATING OR ABOUT TO VIOLATE ANY PROVISION OF  THIS
   19  SUBDIVISION OR ANY REGULATION OR ORDER OF THE COMMISSION IMPLEMENTING OR
   20  ENFORCING  THE  PROVISIONS OF THIS SUBDIVISION, OR HAS FAILED TO PAY ANY
   21  PENALTY ASSESSED PURSUANT TO THE PROVISIONS  OF  THIS  SUBDIVISION,  THE
   22  COMMISSIONER SHALL HAVE POWER TO BRING AN ACTION OR ENFORCEMENT PROCEED-
   23  ING AS PROVIDED BY SECTION TWENTY-SIX OF THIS CHAPTER.
   24    S  2.    This  act  shall take effect on the one hundred twentieth day
   25  after it shall have become a  law;  provided,  however,  that  effective
   26  immediately,  the addition, amendment and/or repeal of any rule or regu-
   27  lation necessary for the implementation of this  act  on  its  effective
   28  date  are  authorized and directed to be made and completed on or before
   29  such effective date.