Bill Text: NY S07099 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to consumer cost mitigation programs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S07099 Detail]
Download: New_York-2013-S07099-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7099 I N S E N A T E April 28, 2014 ___________ Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, in relation to consumer cost mitigation programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative intent. The 2013-14 winter season has brought 2 severe winter storms and temperatures well below average. This unusual 3 and unpredictable weather has resulted in significantly higher energy 4 supply costs which has caused drastically higher utility bills for resi- 5 dential and small business utility customers. The higher utility charges 6 are a significant burden on our residents and our small businesses. 7 Because utility companies have the expertise to monitor wholesale energy 8 supply prices and to calculate anticipated and actual increases in the 9 bills of utility customers, this information should be used to develop 10 and implement programs to level out utility costs for these important 11 customers. Such programs can be structured and implemented to provide 12 lower and more stable energy costs for customers while simultaneously 13 allowing public utility companies to recoup their costs over a reason- 14 able amount of time. Therefore, the legislature hereby finds and 15 declares that it is in the public interest to require such programs in 16 order to ensure safe and adequate service with just and reasonable 17 charges across the state of New York. 18 S 2. The public service law is amended by adding a new section 65-c to 19 read as follows: 20 S 65-C. INCREASE IN ENERGY SUPPLY PRICES; CONSUMER COST MITIGATION 21 PROGRAM. 1. SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF THIS 22 SECTION, EACH PUBLIC UTILITY COMPANY SHALL IMPLEMENT A CONSUMER COST 23 MITIGATION PROGRAM SUBSTANTIALLY SIMILAR TO THE PROGRAM DESCRIBED IN 24 PUBLIC SERVICE COMMISSION CASE NUMBER 14-E-0026 IN ORDER TO MITIGATE 25 ANTICIPATED INCREASES IN CUSTOMER UTILITY CHARGES RESULTING FROM 26 PROJECTED OR ACTUAL INCREASES IN ENERGY SUPPLY PRICES. EACH PUBLIC UTIL- 27 ITY COMPANY SHALL SUBMIT ITS CONSUMER COST MITIGATION PROGRAM TO THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14711-01-4 S. 7099 2 1 COMMISSION FOR APPROVAL. THE COMMISSION SHALL REVIEW SUCH SUBMISSIONS ON 2 AN EXPEDITED BASIS. 3 2. (A) EACH PUBLIC UTILITY COMPANY SHALL PROVIDE A COST MITIGATION 4 ADJUSTMENT TO CUSTOMERS WHEN SUCH PUBLIC UTILITY COMPANY DETERMINES, 5 PURSUANT TO THE PROVISIONS OF ITS TARIFF FILED WITH AND APPROVED BY THE 6 COMMISSION, THAT AN ACTUAL OR PROJECTED INCREASE IN ENERGY SUPPLY COSTS 7 WILL RESULT IN AN ANTICIPATED INCREASE IN CUSTOMER UTILITY CHARGES OF AT 8 LEAST FIFTEEN PERCENT OVER THE PRIOR MONTH'S CHARGES. IN CALCULATING THE 9 ANTICIPATED PERCENT INCREASE IN CUSTOMER UTILITY CHARGES, A PUBLIC UTIL- 10 ITY COMPANY SHALL BASE SUCH CALCULATION ON USAGE OF SIX HUNDRED KWH PER 11 MONTH FOR RESIDENTIAL CUSTOMERS AND FIFTEEN HUNDRED KWH PER MONTH FOR 12 SMALL BUSINESS CUSTOMERS; PROVIDED HOWEVER, THAT A PUBLIC UTILITY COMPA- 13 NY MAY, IN ITS DISCRETION, PETITION THE COMMISSION TO USE OTHER USAGE 14 BENCHMARKS IN CALCULATING THE ANTICIPATED PERCENT INCREASE IN CUSTOMER 15 UTILITY CHARGES. 16 (B) THE COST ADJUSTMENT PROVIDED TO CUSTOMERS UNDER A CONSUMER COST 17 MITIGATION PROGRAM SHALL BE IN THE FORM OF A CREDIT ON CUSTOMERS' UTILI- 18 TY BILLS. SUCH CREDIT SHALL BE IDENTIFIED BY AN APPROPRIATE NAME AND 19 PLACED CONSPICUOUSLY ON CUSTOMERS' BILLS. 20 (C) EACH PUBLIC UTILITY COMPANY SHALL CONSPICUOUSLY POST ON ITS 21 WEBSITE DETAILS ABOUT ITS CONSUMER COST MITIGATION PROGRAM AS SOON AS 22 PRACTICABLE AFTER APPROVAL OF SUCH PROGRAM BY THE COMMISSION. EACH 23 PUBLIC UTILITY COMPANY SHALL ALSO PROVIDE WRITTEN NOTICE OF ITS CONSUMER 24 COST MITIGATION PROGRAM TO CONSUMERS AS SOON AS PRACTICABLE AFTER 25 APPROVAL OF SUCH PROGRAM BY THE COMMISSION. SUCH NOTICE SHALL CONTAIN 26 DETAILS ON THE CONSUMER COST MITIGATION PROGRAM INCLUDING, BUT NOT 27 LIMITED TO, AN EXPLANATION OF HOW SUCH PROGRAM WORKS AND AN EXPLANATION 28 OF THE TIMING, DURATION AND EFFECT OF PAY-BACK PERIODS. SUCH NOTICE TO 29 CUSTOMERS MAY ALSO INCLUDE INFORMATION ON THE PUBLIC UTILITY COMPANY'S 30 BUDGET PLAN, PAYMENT ASSISTANCE PROGRAM, OR ANY OTHER DEFERRED PAYMENT 31 PLAN THAT IT OFFERS AS AN OPTION TO CUSTOMERS. WRITTEN NOTICE TO A 32 CUSTOMER UNDER THIS SECTION MAY BE ACCOMPLISHED THROUGH ELECTRONIC MAIL 33 IF SUCH CUSTOMER PROVIDES HIS OR HER EMAIL ADDRESS TO THE PUBLIC UTILITY 34 COMPANY. 35 (D) EACH PUBLIC UTILITY COMPANY MAY ESTABLISH A COST RECOVERY MECH- 36 ANISM TO COLLECT DEFERRED PAYMENTS OWED BY CUSTOMERS UNDER A CONSUMER 37 COST MITIGATION PROGRAM. SUCH COST RECOVERY MECHANISM SHALL COLLECT 38 DEFERRED PAYMENTS FROM CUSTOMERS OVER A PERIOD OF TIME NO SHORTER THAN 39 TWELVE MONTHS, UNLESS A SHORTER PERIOD OF TIME IS APPROVED BY THE 40 COMMISSION. 41 3. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE TERM "PUBLIC 42 UTILITY COMPANY" SHALL MEAN ANY INVESTOR OWNED UTILITY COMPANY; AND THE 43 TERM "CUSTOMER" SHALL MEAN ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER AS 44 DETERMINED BY THE PROVISIONS OF A PUBLIC UTILITY COMPANY'S TARIFF FILED 45 WITH AND APPROVED BY THE COMMISSION. 46 S 3. This act shall take effect on the ninetieth day after it shall 47 have become a law.