Bill Text: NY A02474 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to changes in energy service pricing.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2020-07-13 - reported referred to rules [A02474 Detail]

Download: New_York-2019-A02474-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2474
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by M. of A. DINOWITZ, GOTTFRIED, L. ROSENTHAL, JOYNER, RICH-
          ARDSON, M. G. MILLER, MOSLEY,  COLTON,  COOK,  GALEF,  PEOPLES-STOKES,
          BARRETT,  ZEBROWSKI,  CAHILL,  STECK, BICHOTTE, RIVERA, BLAKE, HUNTER,
          WALKER -- Multi-Sponsored by --  M.  of  A.  HYNDMAN,  LIFTON,  SIMON,
          THIELE  -- read once and referred to the Committee on Consumer Affairs
          and Protection
        AN ACT to amend the general business law,  in  relation  to  changes  in
          energy service pricing
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 6 and 7 of section 349-d of the general  busi-
     2  ness  law,  as  added by chapter 416 of the laws of 2010, are amended to
     3  read as follows:
     4    6. No material change shall be made in the terms or  duration  of  any
     5  contract  for  the  provision  of energy services by an ESCO without the
     6  express consent of the customer. A change in price or  a  change  to  or
     7  from  fixed  or  variable  pricing  shall be deemed to be material. This
     8  shall not restrict an ESCO from renewing a contract by clearly informing
     9  the customer in writing, not less than thirty days nor more  than  sixty
    10  days  prior  to the renewal date, of the renewal terms and of his or her
    11  option not to accept the renewal offer; provided, however, that  no  fee
    12  pursuant  to  subdivision  five  of  this  section shall be charged to a
    13  customer whose express consent has not been obtained to  any  change  in
    14  material  terms and conditions, or who objects to such renewal not later
    15  than three business days after receiving  the  first  billing  statement
    16  from  the  ESCO  under  the terms of the contract as renewed. The public
    17  service commission and the Long Island power authority may  adopt  addi-
    18  tional guidelines, practices, rules or regulations governing the renewal
    19  process.
    20    7.  In every contract for energy services and in all marketing materi-
    21  als provided to prospective purchasers of such contracts,  all  variable
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01184-01-9
        A. 2474                             2
     1  charges  shall  be  clearly and conspicuously identified.  In any notice
     2  regarding contract renewability, the provider shall disclose the follow-
     3  ing information as it exists at the time of such notice: (i)  the  price
     4  charged  for  energy services; (ii) the price it proposes to charge upon
     5  renewal; (iii) the price that is charged by the customer's  distribution
     6  utility;  and  (iv)  information  notifying  the  customer  how they may
     7  compare past bills with what they  would  have  been  charged  had  they
     8  received  energy  services  from  their respective distribution utility,
     9  including, the internet address of any bill calculator offered  by  such
    10  customer's distribution utility's website.
    11    § 2. This act shall take effect immediately.