Bill Text: NY S05023 | 2017-2018 | General Assembly | Introduced

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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 3-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S05023 Detail]

Download: New_York-2017-S05023-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5023
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 6, 2017
                                       ___________
        Introduced  by Sens. KRUEGER, HAMILTON, PARKER -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Energy
          and Telecommunications
        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.
    21    (b) The failure to comply with  the  provisions  in  this  subdivision
    22  shall  subject a supplier of gas or electric service to either the judi-
    23  cial penalty authorized in section twenty-five of this chapter  for  the
    24  failure or neglect to obey or comply with a provision of this chapter or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03556-01-7
        S. 5023                             2
     1  the  administrative  penalty established in this subdivision. In seeking
     2  such judicial penalty or  assessing  such  administrative  penalty,  the
     3  commission  shall  take  into account the nature, circumstances, extent,
     4  gravity  and number of the violations, and with respect to the violator,
     5  the degree of culpability, any history of prior  offenses  and  repeated
     6  violations,  and  such other matters as may be appropriate and relevant.
     7  The remedies provided by this subdivision shall be in  addition  to  any
     8  other remedies provided by law.
     9    (c)  The  commission,  after opportunity for a hearing, shall have the
    10  authority to assess  directly  an  administrative  penalty  against  any
    11  supplier  of gas or electric service for each violation of this subdivi-
    12  sion or order of the commission implementing or enforcing the provisions
    13  of this subdivision. Such penalty shall not exceed one thousand  dollars
    14  for  each violation associated with each meter service point. All moneys
    15  recovered from any administrative penalty shall be paid into  the  state
    16  treasury to the credit of the general fund.
    17    (d)  Whenever  the  commission  determines that any supplier of gas or
    18  electric service is violating or about to violate any provision of  this
    19  subdivision or any regulation or order of the commission implementing or
    20  enforcing  the  provisions of this subdivision, or has failed to pay any
    21  penalty assessed pursuant to the provisions  of  this  subdivision,  the
    22  commissioner shall have power to bring an action or enforcement proceed-
    23  ing as provided by section twenty-six of this chapter.
    24    §  2.    This  act  shall take effect on the one hundred twentieth day
    25  after it shall have become a  law;  provided,  however,  that  effective
    26  immediately,  the addition, amendment and/or repeal of any rule or regu-
    27  lation necessary for the implementation of this  act  on  its  effective
    28  date  is  authorized  and directed to be made and completed on or before
    29  such effective date.