Bill Text: NY A09032 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to changes in energy service pricing.
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Introduced - Dead) 2016-05-26 - advanced to third reading cal.802 [A09032 Detail]
Download: New_York-2015-A09032-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9032 IN ASSEMBLY January 19, 2016 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee 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 22 charges shall be clearly and conspicuously identified. In any notice 23 regarding contract renewability, the provider shall disclose the follow- 24 ing information as it exists at the time of such notice: (i) the price 25 charged for energy services; (ii) the price it proposes to charge upon 26 renewal; (iii) the price that is charged by the customer's distribution 27 utility; and (iv) information notifying the customer how they may 28 compare past bills with what they would have been charged had they EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13097-01-5
