Bill Text: NY A10347 | 2021-2022 | General Assembly | Introduced

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) 2022-05-13 - referred to energy [A10347 Detail]

Download: New_York-2021-A10347-Introduced.html

                STATE OF NEW YORK


                   IN ASSEMBLY

                                      May 13, 2022

        Introduced  by  COMMITTEE ON RULES -- (at request of 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

          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-t to read as follows:
     3    §  66-t.  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;
    25    (b)  an  assurance  that the customer will be paying no more than they
    26  would have paid to the default utility; and
    27    (c) a description of how the ESCO will comply with reporting  require-
    28  ments  in  accordance with subdivision five of this section, including a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10347                            2

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