Bill Text: NY A03168 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to energy services companies; authorizes ESCO's to only enroll new or renew existing residential or small non-residential customers in gas or electric service if certain conditions are met.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to energy [A03168 Detail]

Download: New_York-2023-A03168-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3168

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Energy

        AN  ACT  to amend the public service law, in relation to energy services
          companies

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The public service law is amended by adding a new section
     2  66-u to read as follows:
     3    § 66-u. Energy services companies. 1.  Energy  services  companies  or
     4  "ESCO",  as defined in paragraph (b) of subdivision one of section three
     5  hundred forty-nine-d of the general business law, shall only enroll  new
     6  or  renew existing residential or small non-residential customers in gas
     7  or electric service if at least one of the following conditions is met:
     8    (a) the enrollment contract guarantees savings over the utility price;
     9    (b) enrollment is for a fixed-rate commodity  product,  priced  at  no
    10  more  than  five  percent greater than the trailing twelve-month average
    11  utility supply rate; or
    12    (c) enrollment is for a renewably sourced electric  commodity  product
    13  that:
    14    (i)  has  a  renewable mix that is at least fifty percent greater than
    15  the ESCO's current renewable energy standard obligation; and
    16    (ii) the ESCO complies with the renewable energy  standard  locational
    17  and  delivery  requirements  when  procuring renewable energy credits or
    18  entering into bilateral contracts for renewable commodity supply.
    19    2. An ESCO shall be required to guarantee savings  to  all  low-income
    20  customers.  In  order to provide service to a low-income customer, prior
    21  to enrollment in a contract, an ESCO shall submit to  the  department  a
    22  description which includes, at minimum:
    23    (a)  a calculation of what the customer would have paid to the default
    24  utility;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05731-01-3
        A. 3168                             2

     1    (b) an assurance that the customer will be paying no  more  than  they
     2  would have paid to the default utility; and
     3    (c)  a description of how the ESCO will comply with reporting require-
     4  ments in accordance with subdivision five of this section,  including  a
     5  process  for  the  department  or customer to verify compliance with the
     6  provisions of this section.
     7    3. An ESCO shall receive affirmative consent from residential or small
     8  non-residential  customers  prior  to  enrolling  the  customer  into  a
     9  contract that provides renewable energy but does not guarantee savings.
    10    4.  An  ESCO  shall provide to customers a transparency of information
    11  and disclosure statement with respect to pricing and commodity sourcing.
    12  Such statement shall include calculations that show the price per  kilo-
    13  watt-hour  the  customer  will  pay and how that price compares with the
    14  applicable default utility service price, the type of  renewable  energy
    15  content  in each product the ESCO offers and the percentage of renewable
    16  electricity that will be advertised for that  product.  Such  disclosure
    17  statement shall be made publicly available on the ESCO's website.
    18    5.  The  disclosure  statement  for  each  ESCO shall be made publicly
    19  available on the commission's website. Such disclosure  statement  shall
    20  include  the  relevant facts established and the reason for allowing the
    21  ESCO to provide energy services to low-income customers.
    22    6. Enrollment contracts between an ESCO and a  customer,  pursuant  to
    23  subdivisions  one  and  two  of  this  section, shall include a customer
    24  notice statement in fourteen-point font. Such customer notice  statement
    25  shall  disclose  the calculation of what the customer would have paid to
    26  the default utility and an assurance that the customer will be paying no
    27  more than they would have paid to the default utility.
    28    § 2. This act shall take effect immediately.