S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7896

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 7, 2013
                               ___________

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

AN  ACT authorizing certain municipalities to participate in a municipal
  energy aggregation program through an inter-municipal  agreement  with
  one  or  more municipalities in order to coordinate efforts to procure
  electric and/or gas supply services on behalf of its residents

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Definitions.  The following terms, when used in this act,
shall have the following meanings:
  1. "Resident" shall mean a customer of record who received residential
or non-residential electric and/or gas supply services from  a  distrib-
ution  utility  at  the time of a local resolution by his or her munici-
pality  to  participate  in  a  municipal  energy  aggregation  program,
provided  that  such  customer  did  not receive electric and gas supply
services from an energy services company and/or the power  authority  of
the state of New York.
  2.  "Distribution  utility"  or  "distribution  utilities"  shall mean
Consolidated Edison (Con-Edison) and/or New York State Electric and  Gas
("NYSEG").
  3.  "Participating  customer" shall mean a resident who receives elec-
tric and/or gas supply services through a municipal  energy  aggregation
program.
  4.  "Municipal  energy  aggregation  program" or "aggregation program"
shall mean an inter-municipal agreement or a  municipal  resolution  for
the  purpose  of coordinating or initiating efforts by a municipality or
by municipal energy aggregators to  request  bids  for  and  potentially
select  an  ESCO or ESCOs to provide electric and/or gas supply services
to participating customers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11030-04-3

A. 7896                             2
              

  5. "Energy services company" or "ESCO" shall have the same meaning  as
such  term  is used in subdivision 5 of section 44 of the public service
law.
  6.  "Municipality"  or  "municipalities"  shall  mean  a city, town or
village located in Westchester county.
  7. "Municipal energy aggregator" or "energy aggregator" shall  mean  a
municipality authorized pursuant to a local resolution to participate in
an inter-municipal agreement establishing a municipal energy aggregation
program.
  8.  "Program  administrator"  shall mean a municipal energy aggregator
that is designated  pursuant  to  an  inter-municipal  agreement  or  an
employee  designated  by  a  municipal  energy aggregator to fulfill the
responsibilities of: (i) requesting and compiling historical usage  data
of  distribution  utility  customers  as  required  under this act, (ii)
submitting a request for bids for  energy  supply  services  from  ESCOs
authorized  to  supply  electric and/or gas in New York state, and (iii)
carrying out the administration of the contract  and  implementation  of
aggregated services.
  9.  "Department" shall mean the New York department of public service.
  S  2.  Municipal  energy  aggregation programs. 1. A municipality may,
after adopting a resolution approved by  a  majority  of  its  governing
board,  participate in a municipal energy aggregation program through an
inter-municipal agreement with one or more municipalities  in  order  to
coordinate  efforts, or through its own municipal aggregation program to
procure electric and/or gas supply services on behalf of its  residents.
Such municipal energy aggregation program must provide for:
  (a) The expiration of such program of no later than five years; and
  (b) The designation of a program administrator to facilitate the oper-
ations  of  a  municipal  energy  aggregation program, including but not
limited to the receipt of resident  historical  usage  data  information
from  distribution  utilities  pursuant to section three of this act and
any communications necessary with potential  ESCOs  that  would  provide
electric and/or gas supply services for such program;
  2.  A  municipal energy aggregator shall be responsible for responding
to inquiries  regarding  the  particular  municipal  energy  aggregation
program  in  which it is a participant. Such municipal energy aggregator
shall provide contact information, including but not limited to a  mail-
ing address, telephone number, e-mail address and fax number at which it
may be contacted in all notices to participating customers.
  3. In establishing a contract for electric and/or gas services with an
ESCO,  a program administrator shall comply with article 7 of the public
officers law.
  S 3. Establishment of municipal energy  aggregation  program.  1.  The
program  administrator  designated pursuant to an inter-municipal agree-
ment establishing an aggregation program shall provide a  copy  of  such
agreement  to the distribution utilities and submit a formal request for
bulk usage information  provided  for  under  subdivision  two  of  this
section.
  2.  (a) Within 60 days of the establishment of a municipal aggregation
program or of an inter-municipal agreement establishing  an  aggregation
program  and  the  formal  request,  distribution  utilities shall, at a
reasonable cost as determined  by  the  commission  within  60  days  of
adoption of this act, provide to the program administrator the following
utility  bulk  information regarding residents receiving gas or electric
supply services from such distribution utility:

A. 7896                             3

  (i) the number of residents, by class served that do not receive elec-
tric and/or gas supply service from an ESCO or the  power  authority  of
the state of New York;
  (ii)  the  aggregate  gas  and  electric  usage of residents, by class
served, for the 12-month period preceding the request; the  system  peak
hour  or  hours that determines capacity buying requirements, and to the
degree that it is available the aggregated load factor by  class  served
for the 12-month period preceding the request; and
  (iii)  to  the  degree  that  it  is  available, reasonable efforts to
provide more detailed historic  information  relating  to  energy  usage
characteristics  of  customers, including but not limited to information
by rate class on meter type, the number of smart  meters  deployed,  kWh
usage  and  peak  demand information classification, meter reading cycle
information, load profile designating information, the number of custom-
ers enrolled in budget  billing  plans,  loss  factor  information,  net
metering  information  and  any  other  information deemed useful by the
program administrator to successfully solicit bids for and implement the
aggregation program;
  (b) In providing the utility  bulk  information  required  under  this
subdivision,  a  distribution  utility  shall  not  provide to a program
administrator any information  identifying,  by  name  or  address,  any
customer  of  such  utility  or  the  financial  information of any such
customer, including, but not limited to social security numbers,  credit
card or bank account numbers.
  S  4.  Selection  of  ESCO  providers. 1. Upon receipt of utility bulk
information required under section three of this act, the program admin-
istrator is authorized to advertise for the request of bids  from  ESCOs
for  the  provision  of services for an aggregation program. Any request
for bids shall specify that a contract for aggregation program  services
must:
  (a) be limited to a period of no greater than 30 months;
  (b) include price benchmarks, which shall provide for:
  (i) monthly per kWh rates for electric supply services for each appli-
cable  class  of  customers  that are below the 12-month average monthly
price of supply services provided by  distribution  utilities  or  lower
than  the  distribution utility's rate at the time of a request for bids
as provided for in this section;
  (ii) monthly per Btu rates for gas supply services for each applicable
class of customers that are below the 12-month average monthly price  of
supply  services  provided  by  distribution utilities or lower than the
distribution utility's rate at  the  time  of  a  request  for  bids  as
provided for in this section;
  (c)  provide  that  the  ESCO  will  not levy any form of cancellation
charge to participating customers who, after receiving  electric  and/or
gas  supply  services  from  the  ESCO,  choose  to  receive such supply
services from their respective distribution utility;
  (d) provide for a website for  participating  customers  to  view  the
monthly rates charged for electric and/or gas supply services; and
  (e)  provide  that any costs associated with preparation for or imple-
mentation of this program or contract shall only  be  reflected  in  the
benchmark per kWh and per Btu bid price.
  2.  (a)  After  a review of bids submitted for energy supply services,
energy aggregators are authorized to select the ESCO or ESCOs that  will
offer  the  best  service,  price and other factors considered, provided
that the per kWh supply rate for electricity and per Btu  rate  for  gas
supply  services  that  is lower than the distribution utility's average

A. 7896                             4

monthly rate for supply services for the prior 12-month period, or lower
than the distribution utility's rate at the time of a request  for  bids
as provided for in this section and meet the requirements of subdivision
one  of  this  section,  provided  that energy aggregators, may at their
discretion, reject all bids or offers and readvertise for  new  bids  or
offers in a manner provided by this act.
  (b)  In  making  a  selection, energy aggregators shall (i) select one
ESCO for the provision of electric supply services; and (ii) select  one
ESCO for the provision of gas supply services, provided however that the
energy  aggregators  may select an ESCO to provide both electric and gas
supply service, provided further that energy aggregators may not  select
any  ESCO  that has been deemed ineligible to provide energy services by
the department.
  3. After selection of an ESCO or ESCOs,  the  energy  aggregators  are
authorized  to  enter  into  a  contract for supply services of up to 30
months. Such contract shall include:
  (a) provisions prohibiting the ESCO or ESCOs from denying  service  to
any  resident  receiving service from his or her distribution utility at
the commencement of such contract;
  (b) monthly per kWh rates for electric supply services for each appli-
cable class of customers that is  below  the  average  monthly  rate  of
supply  services  provided  by  distribution  utilities  in the previous
12-month period or lower than the distribution  utility's  rate  at  the
time of a request for bids as provided for in this section;
  (c)  monthly per Btu rates for gas supply services for each applicable
class of customers that is below the  average  monthly  rate  of  supply
services  provided  by  distribution  utilities in the previous 12-month
period or lower than the distribution utility's rate at the  time  of  a
request for bids as provided for in this section;
  (d)  provisions requiring the ESCO or ESCOs to provide electric and/or
gas supply rates lower than the distribution utility's  electric  and/or
gas  supply rates for each monthly billing cycle for the duration of the
contract, provided that a violation of this provision shall subject such
ESCO to refund participating customers at the time of termination  of  a
contract pursuant to section six of this act;
  (e)  provisions prohibiting a municipal energy aggregator from opting-
out of the contract during the term of such contract;
  (f) provisions for the termination of a contract for  services  if  an
ESCO  fails  to  meet the price benchmarks pursuant to this act with the
ESCO having exclusive responsibility for all re-entry fees charged to  a
participating  customer  by distribution utilities for the resumption of
supply services;
  (g) provisions indemnifying energy aggregators from  all  liabilities,
damages  and  costs associated with the performance of an ESCO operating
under a contract for services;
  (h) a requirement that the ESCO provide a performance bond if required
by the energy aggregators; and
  (i) any other requirement that the energy aggregators  deem  necessary
for  the  adequate  and  reliable  supply  of electric and/or gas supply
services to participating customers.
  S 5. Notice of municipal  energy  aggregation  contract  required.  1.
Upon  the  completion  of  the  contract for services provided for under
subdivision three of section four of this act, the program administrator
shall obtain from distribution utilities at a reasonable cost as  deter-
mined by the commission within 60 days of the effective date of this act
their  lists  of  residents  that  may  be affected by such contract and

A. 7896                             5

provide the municipal aggregators with such information.  The  municipal
aggregator shall then notify such residents as to the provisions of such
contract, including but not limited to price benchmarks.
  2.  Distribution  utilities  must  make all reasonable preparations to
release residents who do not choose to opt-out pursuant  to  subdivision
three  of  this  section  from  receiving  electric  and/or  gas  supply
services, provided that all residents shall continue to receive delivery
services from such utilities.
  3. Upon completion of a contract provided for under subdivision  three
of  section  four  of this act, municipal energy aggregators must mail a
notice to each resident not currently receiving supply services from  an
ESCO  and/or  the  power  authority of the state of New York which shall
include:
  (a) that the resident's municipal board has chosen to participate in a
municipal energy aggregation contract;
  (b) that unless he/she elects to opt-out within 60 days of  the  post-
marked  notice,  such  resident will become a participating customer and
will receive electric and/or gas supply  services  through  a  municipal
energy aggregation contract;
  (c)  instructions  detailing  how  a  resident  may  submit an opt-out
response, provided that such procedures shall  permit  the  resident  to
opt-out  by  contacting  the  program administrator and/or ESCO or ESCOs
selected pursuant to the contract;
  (d) that each customer who  does  not  elect  to  opt-out  within  the
prescribed period may elect to opt-out of such contract at any time; and
  (e)  that  in  the  case  of a participating customer the distribution
utility is no longer  responsible  for  supply  rates  charged  to  such
customer  and  that all complaints about supply service under the aggre-
gation contract shall be the responsibility of the program administrator
and ESCO or ESCOs.
  4. Immediately following the 60-day opt-out  period  provided  for  in
paragraph  (b)  of subdivision three of this section, a municipal energy
aggregator shall provide the program administrator  with  the  following
information:
  (a)  the  number of residents that received electric and/or gas supply
services from such distribution utility who are participating  customers
by rate class; and
  (b)  the  name,  address,  and  account  number  of each participating
customer.
  5. The program administrator, upon  receipt  of  information  required
under  subdivision  four  of this section, shall submit such information
and the information provided for under subdivision two of section  three
of  this  act  to  the  ESCO  or ESCOs. Such ESCOs shall commence supply
services to participating customers.
  S 6. Public service commission review.  1.  Within  365  days  of  the
commencement of gas and/or electric supply services under an aggregation
contract,  the  commission, after consultation with the department shall
commence an audit to ensure such ESCO or ESCOs  selected  have  achieved
benchmarks  established  pursuant to paragraph (b) of subdivision one of
section four of this act.
  2. (a) If the commission determines that the ESCO or  ESCOs  providing
gas  and/or  electric  gas  supply  services  has failed to achieve such
benchmarks as established in subdivision three of section four  of  this
act, the contract for services established pursuant to subdivision three
of section four of this act shall be terminated immediately.

A. 7896                             6

  (b)  Within 30 days of the termination of a contract for services, the
ESCO shall issue payment to each participating customer for  any  supply
rates  above  those specified in the contract, including the cost of any
applicable re-entry fees charged to a resident for resumption of  supply
services.
  (c)  The  commission  shall  ensure  that  all  residents eligible for
resumption of electric and/or gas supply service from  their  respective
distribution  utility  receive  such  services  regardless of the actual
timing of the payment provided for under paragraph (b) of this  subdivi-
sion.
  3.  An ESCO shall not levy any charge to an energy aggregator to cover
expenses related to the termination of a contract.
  S 7. Within 30 months  of  the  establishment  of  a  supply  services
contract  for  services  or  upon  the termination of such contract, the
commission shall submit a report to the executive, the temporary  presi-
dent  of  the  senate,  the  speaker  of the assembly, the chairs of the
senate energy and telecommunications committee and the  assembly  energy
committee  detailing  the  performance of any aggregation contract. Such
report shall include the following information:
  1. the number of participating customers served;
  2. the ability of the ESCO or  ESCOs  selected  under  an  aggregation
program to provide adequate supply services;
  3. the actual supply rates charged under a contract for services;
  4. the amount, if any, of participating customers whose residential or
non-residential service was disconnected; and
  5.  any  other  information the public service commission deems neces-
sary.
  S 8. Energy services company bill of rights applicable to  participat-
ing  customers.  For purposes of this act the term "customer" as defined
in paragraph (c) of subdivision 1 of section 349-d of the general  busi-
ness law, shall include participating customers.
  S 9. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7896--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 7, 2013
                               ___________

Introduced by M. of A. PAULIN, BUCHWALD -- read once and referred to the
  Committee  on Energy -- reported and referred to the Committee on Ways
  and Means -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT authorizing certain municipalities to participate in a municipal
  energy aggregation program through an inter-municipal  agreement  with
  one  or  more municipalities in order to coordinate efforts to procure
  electric and/or gas supply services on behalf of its residents

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Definitions.  The following terms, when used in this act,
shall have the following meanings:
  1. "Resident" shall mean a customer of record who received residential
or non-residential electric and/or gas supply services from  a  distrib-
ution  utility  at  the time of a local resolution by his or her munici-
pality  to  participate  in  a  municipal  energy  aggregation  program,
provided  that  such  customer  did  not receive electric and gas supply
services from an energy services company and/or the power  authority  of
the state of New York.
  2.  "Distribution  utility"  or  "distribution  utilities"  shall mean
Consolidated Edison (Con-Edison) and/or New York State Electric and  Gas
("NYSEG").
  3.  "Participating  customer" shall mean a resident who receives elec-
tric and/or gas supply services through a municipal  energy  aggregation
program.
  4.  "Municipal  energy  aggregation  program" or "aggregation program"
shall mean an inter-municipal agreement or a  municipal  resolution  for
the  purpose  of coordinating or initiating efforts by a municipality or
by municipal energy aggregators to  request  bids  for  and  potentially
select  an  ESCO or ESCOs to provide electric and/or gas supply services
to participating customers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11030-05-3
              

A. 7896--A                          2

  5. "Energy services company" or "ESCO" shall have the same meaning  as
such  term  is used in subdivision 5 of section 44 of the public service
law.
  6.  "Municipality"  or  "municipalities"  shall  mean  a city, town or
village located in Westchester county.
  7. "Municipal energy aggregator" or "energy aggregator" shall  mean  a
municipality authorized pursuant to a local resolution to participate in
an inter-municipal agreement establishing a municipal energy aggregation
program.
  8.  "Program  administrator"  shall mean a municipal energy aggregator
that is designated  pursuant  to  an  inter-municipal  agreement  or  an
employee  designated  by  a  municipal  energy aggregator to fulfill the
responsibilities of: (i) requesting and compiling historical usage  data
of  distribution  utility  customers  as  required  under this act, (ii)
submitting a request for bids for  energy  supply  services  from  ESCOs
authorized  to  supply  electric and/or gas in New York state, and (iii)
carrying out the administration of the contract  and  implementation  of
aggregated services.
  9.  "Department" shall mean the New York department of public service.
  S  2.  Municipal  energy  aggregation programs. 1. A municipality may,
after adopting a resolution approved by  a  majority  of  its  governing
board,  participate in a municipal energy aggregation program through an
inter-municipal agreement with one or more municipalities  in  order  to
coordinate  efforts, or through its own municipal aggregation program to
procure electric and/or gas supply services on behalf of its  residents.
Such municipal energy aggregation program must provide for:
  (a) The expiration of such program of no later than five years; and
  (b) The designation of a program administrator to facilitate the oper-
ations  of  a  municipal  energy  aggregation program, including but not
limited to the receipt of resident  historical  usage  data  information
from  distribution  utilities  pursuant to section three of this act and
any communications necessary with potential  ESCOs  that  would  provide
electric and/or gas supply services for such program;
  2.  A  municipal energy aggregator shall be responsible for responding
to inquiries  regarding  the  particular  municipal  energy  aggregation
program  in  which it is a participant. Such municipal energy aggregator
shall provide contact information, including but not limited to a  mail-
ing address, telephone number, e-mail address and fax number at which it
may be contacted in all notices to participating customers.
  3. In establishing a contract for electric and/or gas services with an
ESCO,  a program administrator shall comply with article 7 of the public
officers law.
  S 3. Establishment of municipal energy  aggregation  program.  1.  The
program  administrator  designated pursuant to an inter-municipal agree-
ment establishing an aggregation program shall provide a  copy  of  such
agreement  to the distribution utilities and submit a formal request for
bulk usage information  provided  for  under  subdivision  two  of  this
section.
  2.  (a) Within 60 days of the establishment of a municipal aggregation
program or of an inter-municipal agreement establishing  an  aggregation
program  and  the  formal  request,  distribution  utilities shall, at a
reasonable cost as determined  by  the  commission  within  60  days  of
adoption of this act, provide to the program administrator the following
utility  bulk  information regarding residents receiving gas or electric
supply services from such distribution utility:

A. 7896--A                          3

  (i) the number of residents, by class served that do not receive elec-
tric and/or gas supply service from an ESCO or the  power  authority  of
the state of New York;
  (ii)  the  aggregate  gas  and  electric  usage of residents, by class
served, for the 12-month period preceding the request; the  system  peak
hour  or  hours that determines capacity buying requirements, and to the
degree that it is available the aggregated load factor by  class  served
for the 12-month period preceding the request; and
  (iii)  to  the  degree  that  it  is  available, reasonable efforts to
provide more detailed historic  information  relating  to  energy  usage
characteristics  of  customers, including but not limited to information
by rate class on meter type, the number of smart  meters  deployed,  kWh
usage  and  peak  demand information classification, meter reading cycle
information, load profile designating information, the number of custom-
ers enrolled in budget  billing  plans,  loss  factor  information,  net
metering  information  and  any  other  information deemed useful by the
program administrator to successfully solicit bids for and implement the
aggregation program;
  (b) In providing the utility  bulk  information  required  under  this
subdivision,  a  distribution  utility  shall  not  provide to a program
administrator any information  identifying,  by  name  or  address,  any
customer  of  such  utility  or  the  financial  information of any such
customer, including, but not limited to social security numbers,  credit
card or bank account numbers.
  S  4.  Selection  of  ESCO  providers. 1. Upon receipt of utility bulk
information required under section three of this act, the program admin-
istrator is authorized to advertise for the request of bids  from  ESCOs
for  the  provision  of services for an aggregation program. Any request
for bids shall specify that a contract for aggregation program  services
must:
  (a) be limited to a period of no greater than 30 months;
  (b) include price benchmarks, which shall provide for:
  (i) monthly per kWh rates for electric supply services for each appli-
cable  class  of  customers  that are below the 12-month average monthly
price of supply services provided by  distribution  utilities  or  lower
than  the  distribution utility's rate at the time of a request for bids
as provided for in this section;
  (ii) monthly per Btu rates for gas supply services for each applicable
class of customers that are below the 12-month average monthly price  of
supply  services  provided  by  distribution utilities or lower than the
distribution utility's rate at  the  time  of  a  request  for  bids  as
provided for in this section;
  (c)  provide  that  the  ESCO  will  not levy any form of cancellation
charge to participating customers who, after receiving  electric  and/or
gas  supply  services  from  the  ESCO,  choose  to  receive such supply
services from their respective distribution utility;
  (d) provide for a website for  participating  customers  to  view  the
monthly rates charged for electric and/or gas supply services; and
  (e)  provide  that any costs associated with preparation for or imple-
mentation of this program or contract shall only  be  reflected  in  the
benchmark per kWh and per Btu bid price.
  2.  (a)  After  a review of bids submitted for energy supply services,
energy aggregators are authorized to select the ESCO or ESCOs that  will
offer  the  best  service,  price and other factors considered, provided
that the per kWh supply rate for electricity and per Btu  rate  for  gas
supply  services  that  is lower than the distribution utility's average

A. 7896--A                          4

monthly rate for supply services for the prior 12-month period, or lower
than the distribution utility's rate at the time of a request  for  bids
as provided for in this section and meet the requirements of subdivision
one  of  this  section,  provided  that energy aggregators, may at their
discretion, reject all bids or offers and readvertise for  new  bids  or
offers in a manner provided by this act.
  (b)  In  making  a  selection, energy aggregators shall (i) select one
ESCO for the provision of electric supply services; and (ii) select  one
ESCO for the provision of gas supply services, provided however that the
energy  aggregators  may select an ESCO to provide both electric and gas
supply service, provided further that energy aggregators may not  select
any  ESCO  that has been deemed ineligible to provide energy services by
the department.
  3. After selection of an ESCO or ESCOs,  the  energy  aggregators  are
authorized  to  enter  into  a  contract for supply services of up to 30
months. Such contract shall include:
  (a) provisions prohibiting the ESCO or ESCOs from denying  service  to
any  resident  receiving service from his or her distribution utility at
the commencement of such contract;
  (b) monthly per kWh rates for electric supply services for each appli-
cable class of customers that is  below  the  average  monthly  rate  of
supply  services  provided  by  distribution  utilities  in the previous
12-month period or lower than the distribution  utility's  rate  at  the
time of a request for bids as provided for in this section;
  (c)  monthly per Btu rates for gas supply services for each applicable
class of customers that is below the  average  monthly  rate  of  supply
services  provided  by  distribution  utilities in the previous 12-month
period or lower than the distribution utility's rate at the  time  of  a
request for bids as provided for in this section;
  (d)  provisions requiring the ESCO or ESCOs to provide electric and/or
gas supply rates lower than the distribution utility's  electric  and/or
gas  supply rates pursuant to paragraphs (b) and (c) of this subdivision
for the duration of the contract, provided  that  a  violation  of  this
provision  shall  subject such ESCO to refund participating customers at
the time of termination of a contract pursuant to section  six  of  this
act;
  (e)  provisions prohibiting a municipal energy aggregator from opting-
out of the contract during the term of such contract;
  (f) provisions for the termination of a contract for  services  if  an
ESCO  fails  to  meet the price benchmarks pursuant to this act with the
ESCO having exclusive responsibility for all re-entry fees charged to  a
participating  customer  by distribution utilities for the resumption of
supply services;
  (g) provisions indemnifying energy aggregators from  all  liabilities,
damages  and  costs associated with the performance of an ESCO operating
under a contract for services;
  (h) a requirement that the ESCO provide a performance bond if required
by the energy aggregators; and
  (i) any other requirement that the energy aggregators  deem  necessary
for  the  adequate  and  reliable  supply  of electric and/or gas supply
services to participating customers.
  S 5. Notice of municipal  energy  aggregation  contract  required.  1.
Upon  the  completion  of  the  contract for services provided for under
subdivision three of section four of this act, the program administrator
shall obtain from distribution utilities at a reasonable cost as  deter-
mined by the commission within 60 days of the effective date of this act

A. 7896--A                          5

their  lists  of  residents  that  may  be affected by such contract and
provide the municipal aggregators with such information.  The  municipal
aggregator shall then notify such residents as to the provisions of such
contract, including but not limited to price benchmarks.
  2.  Distribution  utilities  must  make all reasonable preparations to
release residents who do not choose to opt-out pursuant  to  subdivision
three  of  this  section  from  receiving  electric  and/or  gas  supply
services, provided that all residents shall continue to receive delivery
services from such utilities.
  3. Upon completion of a contract provided for under subdivision  three
of  section  four  of this act, municipal energy aggregators must mail a
notice to each resident not currently receiving supply services from  an
ESCO  and/or  the  power  authority of the state of New York which shall
include:
  (a) that the resident's municipal board has chosen to participate in a
municipal energy aggregation contract;
  (b) that unless he/she elects to opt-out within 60 days of  the  post-
marked  notice,  such  resident will become a participating customer and
will receive electric and/or gas supply  services  through  a  municipal
energy aggregation contract;
  (c)  instructions  detailing  how  a  resident  may  submit an opt-out
response, provided that such procedures shall  permit  the  resident  to
opt-out  by  contacting  the  program administrator and/or ESCO or ESCOs
selected pursuant to the contract;
  (d) that each customer who  does  not  elect  to  opt-out  within  the
prescribed period may elect to opt-out of such contract at any time; and
  (e)  that  in  the  case  of a participating customer the distribution
utility is no longer  responsible  for  supply  rates  charged  to  such
customer  and  that all complaints about supply service under the aggre-
gation contract shall be the responsibility of the program administrator
and ESCO or ESCOs.
  4. Immediately following the 60-day opt-out  period  provided  for  in
paragraph  (b)  of subdivision three of this section, a municipal energy
aggregator shall provide the program administrator  with  the  following
information:
  (a)  the  number of residents that received electric and/or gas supply
services from such distribution utility who are participating  customers
by rate class; and
  (b)  the  name,  address,  and  account  number  of each participating
customer.
  5. The program administrator, upon  receipt  of  information  required
under  subdivision  four  of this section, shall submit such information
and the information provided for under subdivision two of section  three
of  this  act  to  the  ESCO  or ESCOs. Such ESCOs shall commence supply
services to participating customers.
  S 6. Public service commission review.  1.  Within  365  days  of  the
commencement of gas and/or electric supply services under an aggregation
contract,  the  commission, after consultation with the department shall
commence an audit to ensure such ESCO or ESCOs  selected  have  achieved
benchmarks  established  pursuant to paragraph (b) of subdivision one of
section four of this act.
  2. (a) If the commission determines that the ESCO or  ESCOs  providing
gas  and/or  electric  gas  supply  services  has failed to achieve such
benchmarks as established in subdivision three of section four  of  this
act, the contract for services established pursuant to subdivision three
of section four of this act shall be terminated immediately.

A. 7896--A                          6

  (b)  Within 30 days of the termination of a contract for services, the
ESCO shall issue payment to each participating customer for  any  supply
rates  above  those specified in the contract, including the cost of any
applicable re-entry fees charged to a resident for resumption of  supply
services.
  (c)  The  commission  shall  ensure  that  all  residents eligible for
resumption of electric and/or gas supply service from  their  respective
distribution  utility  receive  such  services  regardless of the actual
timing of the payment provided for under paragraph (b) of this  subdivi-
sion.
  3.  An ESCO shall not levy any charge to an energy aggregator to cover
expenses related to the termination of a contract.
  S 7. Within 30 months  of  the  establishment  of  a  supply  services
contract  for  services  or  upon  the termination of such contract, the
commission shall submit a report to the executive, the temporary  presi-
dent  of  the  senate,  the  speaker  of the assembly, the chairs of the
senate energy and telecommunications committee and the  assembly  energy
committee  detailing  the  performance of any aggregation contract. Such
report shall include the following information:
  1. the number of participating customers served;
  2. the ability of the ESCO or  ESCOs  selected  under  an  aggregation
program to provide adequate supply services;
  3. the actual supply rates charged under a contract for services;
  4. the amount, if any, of participating customers whose residential or
non-residential service was disconnected; and
  5.  any  other  information the public service commission deems neces-
sary.
  S 8. Energy services company bill of rights applicable to  participat-
ing  customers.  For purposes of this act the term "customer" as defined
in paragraph (c) of subdivision 1 of section 349-d of the general  busi-
ness law, shall include participating customers.
  S 9. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7896--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 7, 2013
                               ___________

Introduced by M. of A. PAULIN, BUCHWALD, ABINANTI, PRETLOW, GALEF, OTIS,
  KATZ  -- read once and referred to the Committee on Energy -- reported
  and  referred  to  the  Committee  on  Ways  and  Means  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Energy in accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT authorizing certain municipalities to participate in a municipal
  energy aggregation program through an inter-municipal  agreement  with
  one  or  more municipalities in order to coordinate efforts to procure
  electric and/or gas supply services on behalf of its residents

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Definitions.  The following terms, when used in this act,
shall have the following meanings:
  1. "Resident" shall mean a customer of record who received residential
or small non-residential electric and/or gas supply from a  distribution
utility  at the time of a local resolution by his or her municipality to
establish and/or participate in a municipal energy aggregation  program.
Small  non-residential shall include the distribution utility's smallest
general service rate schedule applicable to non-residential customers.
  2. "Distribution  utility"  or  "distribution  utilities"  shall  mean
Consolidated  Edison (Con-Edison) and/or New York State Electric and Gas
("NYSEG").
  3. "Participating customer" shall mean a resident who receives his  or
her  electric  and/or  gas supply through a municipal energy aggregation
program.
  4. "Municipal energy aggregation  program"  or  "aggregation  program"
shall  mean  an inter-municipal agreement pursuant to article 5-G of the
general municipal law or a local resolution for the purpose  of  coordi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11030-11-4
              

A. 7896--B                          2

nating  or  initiating  efforts by a municipality or by municipal energy
aggregators to request bids for and potentially select an ESCO or  ESCOs
to provide electric and/or gas supply to participating customers.
  5.  "Energy services company" or "ESCO" shall have the same meaning as
such term is used in subdivision 5 of section 44 of the  public  service
law.
  6.  "Municipality"  or  "municipalities"  shall  mean  a city, town or
village located in Westchester county.
  7. "Municipal energy aggregator" or "energy aggregator" shall  mean  a
municipality  authorized  pursuant to a local resolution to establish an
aggregation program  or  participate  in  an  inter-municipal  agreement
establishing a municipal energy aggregation program.
  8.  "Program  administrator" shall mean an employee that is designated
pursuant to an inter-municipal agreement pursuant to article 5-G of  the
general municipal law or, in the case of an aggregation program with one
energy  aggregator,  an employee designated by such energy aggregator to
fulfill the responsibilities of: (i) requesting and compiling historical
usage data of distribution utility customers as required under this act,
(ii) submitting a request for bids for energy supply from ESCOs  author-
ized to supply electric and/or gas in New York state, and (iii) carrying
out  the administration of the contract and implementation of aggregated
supply.  Such responsibilities shall not be contracted or  subcontracted
out to any private or not-for-profit corporation or organization.
  9.  "Department" shall mean the New York department of public service.
  S  2.  Municipal  energy  aggregation programs. 1. A municipality may,
after adopting a resolution approved by  a  majority  of  its  governing
board,  participate in a municipal energy aggregation program through an
inter-municipal agreement with one or more municipalities  in  order  to
coordinate  efforts, or through its own municipal aggregation program to
procure electric and/or gas supply on  behalf  of  its  residents.  Such
municipal energy aggregation program must provide for the designation of
a  program  administrator  to  facilitate  the operations of a municipal
energy aggregation program, including but not limited to the receipt  of
resident  historical  usage data information from distribution utilities
pursuant to section three of this act and any  communications  necessary
with  potential  ESCOs that would provide electric and/or gas supply for
such program.
  2. A municipal energy aggregator shall be responsible  for  responding
to  inquiries  regarding  the  particular  municipal  energy aggregation
program in which it is a participant. Such municipal  energy  aggregator
shall  provide contact information, including but not limited to a mail-
ing address, telephone number, e-mail address and fax number at which it
may be contacted in all notices to participating customers.
  3. In establishing a contract for an energy aggregation  program  with
an  ESCO,  a  program  administrator  shall comply with article 7 of the
public officers law.
  S 3. Establishment of municipal energy  aggregation  program.  1.  The
program  administrator  designated pursuant to an inter-municipal agree-
ment establishing an aggregation program or a local ordinance  authoriz-
ing  a  municipality to become an energy aggregator shall provide a copy
of such agreement to the distribution  utilities  and  submit  a  formal
request  for  bulk usage information provided for under subdivision 2 of
this section.
  2. (a) Within 60 days of the establishment of a municipal  aggregation
program  and  after a formal request, distribution utilities shall, at a
reasonable cost as determined by the commission within 60  days  of  the

A. 7896--B                          3

effective  date  of  this  act, provide to the program administrator the
following utility bulk information regarding residents receiving gas  or
electric supply from such distribution utility:
  (i) the number of residents, by class served that do not receive elec-
tric  and/or gas supply from an ESCO or the power authority of the state
of New York;
  (ii) the aggregate gas and  electric  usage  of  residents,  by  class
served,  for  the 12-month period preceding the request; the system peak
hour or hours that determines capacity buying requirements, and  to  the
degree  that  it is available the aggregated load factor by class served
for the 12-month period preceding the request;
  (iii) the average monthly per kWh and per Btu supply  rates  by  class
served  charged  by the distribution utility for the previous 12 months;
and
  (iv) to the degree that it is available, reasonable efforts to provide
more detailed historic information relating to energy  usage  character-
istics  of  customers,  including but not limited to information by rate
class on meter type, kWh usage and peak demand  information  classifica-
tion, meter reading cycle information, load profile designating informa-
tion,  the  number  of  customers enrolled in budget billing plans, loss
factor information, net metering information,  individual  capacity  tag
information  and  any  other  information  deemed  useful by the program
administrator to successfully solicit bids for and implement the  aggre-
gation program;
  (b)  In  providing  the  utility  bulk information required under this
subdivision, a distribution utility  shall  not  provide  to  a  program
administrator  any  information  identifying,  by  name  or address, any
customer of such utility  or  the  financial  information  of  any  such
customer,  including, but not limited to social security numbers, credit
card or bank account numbers.
  S 4. Selection of ESCO providers. 1.  Upon  receipt  of  utility  bulk
information required under section three of this act, the program admin-
istrator  is  authorized to advertise for the request of bids from ESCOs
for the provision of supply for an aggregation program. Any request  for
bids shall specify that a contract for an aggregation program must:
  (a) be limited to a period of no greater than 30 months;
  (b) include price benchmarks, which shall provide for:
  (i)  in  the case of a contract that includes electric supply, a fixed
monthly per kWh supply rate for the first  6-month  sub-period  that  is
below  the  average  monthly rate of supply provided by the distribution
utility in the previous 12-month period;
  (ii) a commitment to provide fixed monthly per kWh  supply  rates  for
each  subsequent  6-month  sub-period,  and  a  commitment  by  the ESCO
selected to notify the program administrator of the kWh supply rate  for
the  upcoming sub-period no later than two months prior to the commence-
ment of each such sub-period pursuant to section seven of this act;
  (iii) in the case of a contract that  includes  gas  supply,  a  fixed
monthly  per  Btu  supply  rate for the first 6-month sub-period that is
below the average monthly price of supply provided by  the  distribution
utility in the previous 12-month period; and
  (iv)  a  commitment to provide fixed monthly Btu supply rates for each
subsequent 6-month sub-period, and a commitment by the ESCO selected  to
notify the program administrator of the Btu supply rate for the upcoming
sub-period no later than 2 months prior to the commencement of each such
sub-period pursuant to section seven of this act;

A. 7896--B                          4

  (c)  provide  that  the  ESCO  will  not levy any form of cancellation
charge to participating customers who, after receiving  electric  and/or
gas  supply  from  the  ESCO,  choose  to receive such supply from their
respective distribution utility;
  (d)  provide  for  a  website  for participating customers to view the
monthly rates charged for electric and/or gas supply; and
  (e) provide that any costs associated with preparation for  or  imple-
mentation  of  this  program  or contract shall only be reflected in the
benchmark per kWh and/or per Btu fixed rate.
  2. (a) After a review of bids  submitted  for  energy  supply,  energy
aggregators  are  authorized to select the ESCO or ESCOs that will offer
the best service, price and any other factors, determined to  be  appro-
priate,  provided  that the per kWh rate for electric supply and per Btu
rate for gas supply for the first 6-month sub-period are below the aver-
age monthly price of supply provided by the distribution utility in  the
previous  12  months  and meet the requirements of subdivision 1 of this
section, provided that energy  aggregators,  may  at  their  discretion,
reject  all bids or offers and readvertise for new bids or offers in the
manner provided by this act.
  (b) In making a selection, energy aggregators  shall  (i)  select  one
ESCO  for the provision of electric supply; and (ii) select one ESCO for
the provision of gas supply, provided however that the  energy  aggrega-
tors  may  select  an  ESCO  to  provide  both  electric and gas supply,
provided further that energy aggregators may not select  any  ESCO  that
has been deemed ineligible to provide energy services by the department.
  3.  The  energy  aggregator  or  aggregators  shall document, and make
available upon request, the process used for the selection of an ESCO or
ESCOs including, but not limited to documenting all  bids  received  and
the criteria and factors used for the selection process.
  4.  After  selection  of  an ESCO or ESCOs, the energy aggregators are
authorized to enter into  a  contract  for  energy  aggregation  program
services of up to 30 months. Such contract shall include:
  (a) provisions prohibiting the ESCO or ESCOs from denying service to:
  (i) in the case of a contract that includes electric supply, any resi-
dent  receiving  service  from  his  or  her distribution utility at the
commencement of such contract; and
  (ii) any customer of record of a distribution utility receiving  resi-
dential or small non-residential services whose municipality is an ener-
gy  aggregator  in  the  aggregation program for which the ESCO or ESCOs
will provide supply;
  (b)(i) a provision requiring a fixed monthly per kWh supply  rate  for
the  first 6-month sub-period that is below the average monthly price of
supply provided by the distribution utility  in  the  previous  12-month
period; and
  (ii)  a  provision requiring the ESCO to provide fixed monthly per kWh
rates for each subsequent 6-month sub-period; and that no later  than  2
months  prior  to  the commencement of each 6-month sub-period, the ESCO
shall notify the program administrator of the fixed monthly per kWh rate
for such upcoming sub-period, pursuant to section seven of this act;
  (c)(i) a provision requiring a fixed monthly per Btu supply  rate  for
the  first 6-month sub-period that is below the average monthly price of
supply services provided by the distribution  utility  in  the  previous
12-month period; and
  (ii)  in  the case of a contract that includes gas supply, a provision
requiring the ESCO to provide fixed  monthly  per  Btu  rates  for  each
subsequent  6-month sub-period; and that no later than 2 months prior to

A. 7896--B                          5

the commencement of each 6-month sub-period, the ESCO shall  notify  the
program  administrator of the fixed monthly per Btu rate for such upcom-
ing sub-period, pursuant to section seven of this act;
  (d)  provisions requiring the ESCO or ESCOs to provide electric and/or
gas supply rates lower than the distribution utility's  electric  and/or
gas supply rates pursuant to paragraphs (b) and (c) of this subdivision,
provided  that  a violation of this provision shall subject such ESCO to
refund participating customers at the time of termination of a  contract
pursuant to section nine of this act;
  (e)  provisions prohibiting a municipal energy aggregator from opting-
out of the contract during the term of such contract;
  (f) provisions for the termination of a contract for an energy  aggre-
gation  program  if  an  ESCO fails to meet the requirements of this act
with the ESCO having exclusive  responsibility  for  all  re-entry  fees
charged  to  a  participating customer by distribution utilities for the
resumption of supply;
  (g) provisions indemnifying energy aggregators from  all  liabilities,
damages  and  costs associated with the performance of an ESCO operating
under a contract for an energy aggregation program; and
  (h) a requirement that the ESCO provide a performance bond if required
by the energy aggregators.
  5. Immediately following the finalization of a contract for an  energy
aggregation  program  pursuant  to subdivision four of this section, the
program administrator shall promptly  notify  the  distribution  utility
and/or  distribution  utilities  of  such  contract,  the length of such
contract and the distribution utility's responsibilities under this act.
  S 5. Notice of municipal  energy  aggregation  contract  required.  1.
Upon  the  completion  of the contract for an energy aggregation program
provided for under subdivision three of section four of  this  act,  the
program  administrator  shall  obtain  from  distribution utilities at a
reasonable cost as determined by the commission within 60  days  of  the
effective date of this act their lists of residents that may be affected
by  such contract and provide the municipal energy aggregators with such
information. Each municipal energy aggregator  shall  then  notify  such
residents  as  to  the  provisions  of  such contract, including but not
limited to price benchmarks.
  2. Distribution utilities shall make all  reasonable  preparations  to
release  residents  who do not choose to opt-out pursuant to subdivision
three of  this  section  from  receiving  electric  and/or  gas  supply,
provided that all residents shall continue to receive delivery from such
utilities.
  3.  Upon completion of a contract provided for under subdivision three
of section four of this act, municipal energy aggregators  must  mail  a
notice to each resident which shall include:
  (a) that the resident's municipal board has chosen to participate in a
municipal energy aggregation contract;
  (b)  that  unless he/she elects to opt-out within 60 days of the post-
marked notice, such resident will become a  participating  customer  and
will  receive  electric  and/or  gas  supply  through a municipal energy
aggregation contract;
  (c) instructions detailing  how  a  resident  may  submit  an  opt-out
response,  provided  that  such  procedures shall permit the resident to
opt-out by contacting the program administrator  and/or  ESCO  or  ESCOs
selected pursuant to the contract;

A. 7896--B                          6

  (d)  that  each  resident  who  does  not  elect to opt-out within the
prescribed period and becomes a participating  customer,  may  elect  to
opt-out of such contract at any time; and
  (e)  that  in  the  case  of a participating customer the distribution
utility will no longer be responsible for supply rates charged  to  such
customer  and  that  all  complaints  about supply under the aggregation
contract shall be the responsibility of the municipal energy  aggregator
in which the customer resides and ESCO or ESCOs.
  4.  Immediately  following  the  60-day opt-out period provided for in
paragraph (b) of subdivision three of this section, a  municipal  energy
aggregator  shall  provide  the program administrator with the following
information:
  (a) the number of residents that received electric and/or  gas  supply
from  such  distribution utility who are participating customers by rate
class; and
  (b) the name,  address,  and  account  number  of  each  participating
customer.
  5.  The  program  administrator,  upon receipt of information required
under subdivision four of this section, shall  submit  such  information
and  the information provided for under subdivision two of section three
of this act to the ESCO or ESCOs. Such  ESCOs  shall  commence  electric
and/or gas supply to participating customers.
  S 6. Distribution utility requirements following a contract for aggre-
gation  program services. No later than 2 weeks preceding the expiration
of the initial 6-month sub-period under a contract for an energy  aggre-
gation  program  and  any subsequent 6-month sub-period pursuant to such
contract for  an  aggregation  program,  a  distribution  utility  shall
provide the program administrator with:
  1. the average monthly per kWh rate for supply by class served for the
previous 6-month period; and
  2. the average monthly per Btu rate for supply by class served for the
previous 6-month period.
  S 7. ESCO supply rate notification requirements. 1. For the sub-period
commencing  after  the  initial sub-period provided for under a contract
for an energy aggregation program, the ESCO or ESCOs shall  provide  the
program  administrator with the fixed monthly per kWh supply rate and/or
the fixed monthly per Btu supply rate for the upcoming 6-month  sub-per-
iod.
  2. Any expenses incurred by an ESCO or ESCOs, including but not limit-
ed  to  expenses  incurred  in the execution of a contract for an energy
aggregation program pursuant to section four of this act, shall only  be
recovered  from  the  per  kWh  supply  rate  and/or per Btu supply rate
charged to participating customers pursuant to  a  contract  for  energy
aggregation  services.  The  ESCO  or ESCOs selected shall not issue any
charge, fee, or bill for aggregation program services to an  aggregator,
resident,  participating  customer  or  program administrator to recover
expenses, including, but not limited to expenses incurred for:
  (a) electric and gas supply procurement;
  (b) taxes, assessments, fees and surcharges;
  (c) wheeling and/or transfer costs; and
  (d) administrative charges, expenses, staff and consultant costs.
  S 8. Notice of 6-month fixed rate. 1. No later than 2 months prior  to
the  commencement  of  each  6-month  sub-period under a contract for an
aggregation program,  the  program  administrator  shall  mail  to  each
participating customer a notice that shall provide the fixed monthly per

A. 7896--B                          7

kWh  rates and/or fixed monthly per Btu rates for such upcoming sub-per-
iod.
  2.  No later than 6 months after the commencement of a contract for an
aggregation program and every six months thereafter, the program  admin-
istrator  shall  mail  to  each  participating customer a statement that
shall provide:
  (a) the average per kWh and/or per Btu rate for supply for the  previ-
ous  6-month  sub-period  charged  by the distribution utility, provided
that such rates shall only be the actual supply  rates  charged  by  the
utility,  and  shall not include any delivery rates, service charges, or
taxes, assessments, fees and surcharges recovered from customers;
  (b) the fixed monthly rate charged by the ESCO and/or  ESCOs  for  the
previous 6-month sub-period;
  (c) the fixed monthly per kWh rates and/or fixed monthly per Btu rates
to be charged by an ESCO and/or ESCOs for such upcoming sub-period; and
  (d) instructions detailing how a resident may submit an opt-out.
  3. If any word, statement, notice or any other information required by
or  under  the authority of this act appears in any letter, email or any
other written communication to a recipient, including but not limited to
a resident or participating customer, such word,  statement,  notice  or
other information must be prominently placed thereon with such conspicu-
ousness (as compared with other words, statements, designs, devices also
included  thereon)  and  in such terms as to render it likely to be read
and understood by an ordinary individual under customary  conditions  of
purchase and use.
  Any  letter, email or other written communication from an ESCO seeking
to or selected to provide energy aggregation program supply,  a  program
administrator,  or  an energy aggregator, to a customer or participating
customer relating to an energy aggregation program shall be written in a
conspicuous font size of 12 point or greater.
  S 9. Public service commission review.  1.  Within  365  days  of  the
commencement of gas and/or electric supply services under an aggregation
contract,  the  commission, after consultation with the department shall
commence an audit to ensure such ESCO or  ESCOs  selected  has  met  the
terms of its contract.
  2.  (a)  If the commission determines that the ESCO or ESCOs providing
gas and/or electric supply has  failed  to  achieve  the  terms  of  its
contract,  the  contract  for  an energy aggregation program established
pursuant to subdivision 3 of section four of this act  shall  be  termi-
nated immediately.
  (b)  Within  30  days  of  the termination of a contract for an energy
aggregation program, the ESCO shall issue payment to each  participating
customer  for  any  supply  rates above those specified in the contract,
including the cost of any applicable re-entry fees charged to a resident
for resumption of supply.
  (c) The commission  shall  ensure  that  all  residents  eligible  for
resumption  of electric and/or gas supply from their respective distrib-
ution utility receive such services regardless of the actual  timing  of
the payment provided for under paragraph (b) of this subdivision.
  3.  An ESCO shall not levy any charge to an energy aggregator to cover
expenses related to the termination of a contract.
  S 10. Within 30 months of the establishment of a contract for an ener-
gy aggregation program or upon the termination  of  such  contract,  the
commission  shall submit a report to the executive, the temporary presi-
dent of the senate, the speaker of  the  assembly,  the  chairs  of  the
senate  energy  and telecommunications committee and the assembly energy

A. 7896--B                          8

committee detailing the performance of any  aggregation  contract.  Such
report shall include the following information:
  1. the number of participating customers served;
  2.  the  ability  of  the  ESCO or ESCOs selected under an aggregation
program to provide adequate supply services;
  3. the actual kWh and/or Btu supply rates charged under a contract for
an energy aggregation program;
  4. the amount, if any, of participating customers whose residential or
non-residential service was disconnected; and
  5. any other information the public service  commission  deems  neces-
sary.
  S 11. Energy services company bill of rights applicable to participat-
ing  customers.  For purposes of this act the term "customer" as defined
in paragraph (c) of subdivision 1 of section 349-d of the general  busi-
ness law, shall include participating customers.
  S 12. This act shall take effect immediately.