Bill Text: NY S02376 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits suppliers of natural gas or electric service from changing a customer's supplier of gas or electric service (commonly known as "slamming") unless such supplier complies with requirements established by the public service commission; authorizes the commission to establish requirements for customer consent; makes enforcement provisions to punish violators of slamming requirements.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2019-11-25 - signed chap.537 [S02376 Detail]

Download: New_York-2019-S02376-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2376--A
            Cal. No. 120
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 24, 2019
                                       ___________
        Introduced  by  Sens.  KRUEGER,  CARLUCCI, LIU, PARKER -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Energy  and Telecommunications -- reported favorably from said commit-
          tee, ordered to first and second report, ordered to a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
        AN ACT to amend the public service  law,  in  relation  to  unauthorized
          changes in suppliers of natural gas and electric service
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 65 of the public service law is amended by adding a
     2  new subdivision 16 to read as follows:
     3    16. Unauthorized changes in natural gas or electric service  prohibit-
     4  ed.  (a)  No  supplier of gas or electric service or any person, firm or
     5  corporation acting as such supplier's agent or representative  shall  on
     6  behalf  of  a customer make or direct any change in a supplier of gas or
     7  electric service unless such supplier, agent or representative  complies
     8  with  requirements  to  authorize  and verify the change. The commission
     9  shall have the authority to establish  requirements  for  obtaining  the
    10  authorization of a customer to effect a change in the customer's suppli-
    11  er  of  gas or electric service and for the verification of such change.
    12  In construing and enforcing the provisions of this subdivision, the  act
    13  of  any person, firm or corporation acting as an agent or representative
    14  of a supplier of gas or electric service shall be deemed to be  the  act
    15  of  such  supplier  of gas or electric service. For the purposes of this
    16  subdivision, "supplier of gas or electric  service"  shall  include  any
    17  person,  firm  or corporation that offers, sells or delivers all or part
    18  of natural gas or electric service, including, but not limited to, a gas
    19  or electric distribution company, a gas or electric corporation,  a  gas
    20  or electricity provider, marketer, aggregator or broker.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01192-04-9
        S. 2376--A                          2
     1    (b)  The  failure  to  comply  with the provisions in this subdivision
     2  shall subject a supplier of gas or electric service to either the  judi-
     3  cial  penalty  authorized in section twenty-five of this chapter for the
     4  failure or neglect to obey or comply with a provision of this chapter or
     5  the  administrative  penalty established in this subdivision. In seeking
     6  such judicial penalty or  assessing  such  administrative  penalty,  the
     7  commission  shall  take  into account the nature, circumstances, extent,
     8  gravity and number of the violations, and with respect to the  violator,
     9  the  degree  of  culpability, any history of prior offenses and repeated
    10  violations, and such other matters as may be appropriate  and  relevant.
    11  The  remedies  provided  by this subdivision shall be in addition to any
    12  other remedies provided by law.
    13    (c) The commission, after opportunity for a hearing,  shall  have  the
    14  authority  to  assess  directly  an  administrative  penalty against any
    15  supplier of gas or electric service for each violation of this  subdivi-
    16  sion or order of the commission implementing or enforcing the provisions
    17  of  this subdivision. Such penalty shall not exceed one thousand dollars
    18  for each violation associated with each meter service point. All  moneys
    19  recovered  from  any administrative penalty shall be paid into the state
    20  treasury to the credit of the general fund.
    21    (d) Whenever the commission determines that any  supplier  of  gas  or
    22  electric  service is violating or about to violate any provision of this
    23  subdivision or any regulation or order of the commission implementing or
    24  enforcing the provisions of this subdivision, or has failed to  pay  any
    25  penalty  assessed  pursuant  to  the provisions of this subdivision, the
    26  commissioner shall have power to bring an action or enforcement proceed-
    27  ing as provided by section twenty-six of this chapter.
    28    § 2. This act shall take effect on the one hundred twentieth day after
    29  it shall have become a law. Effective immediately, the addition,  amend-
    30  ment and/or repeal of any rule or regulation necessary for the implemen-
    31  tation  of this act on its effective date are authorized and directed to
    32  be made and completed on or before such effective date.