Bill Text: NY A00703 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to requiring certain notices prior to changes in energy service pricing.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Passed) 2023-09-20 - signed chap.482 [A00703 Detail]

Download: New_York-2023-A00703-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         703--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by  M.  of  A. DINOWITZ, L. ROSENTHAL, JOYNER, COLTON, COOK,
          PEOPLES-STOKES, BARRETT, ZEBROWSKI, STECK, BICHOTTE HERMELYN,  HUNTER,
          WALKER,  RAGA -- Multi-Sponsored by -- M. of A. HYNDMAN, SIMON, THIELE
          -- read once and referred to the Committee  on  Consumer  Affairs  and
          Protection -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        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.
                                                                   LBD00581-02-3
        A. 703--A                           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 on the one hundred eightieth day after
    12  it shall have become a law.