S T A T E   O F   N E W   Y O R K
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                                  6766

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Small Business

AN ACT to amend the economic development law and the public service law,
  in relation to small business energy assistance and advocacy services

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

  Section 1. The legislature hereby finds and declares that rising ener-
gy  costs present a significant barrier to the economic viability of New
York's small businesses, a crucial sector of the state's economy.  Small
businesses  can  least  afford the time and cost associated with seeking
opportunities to conserve energy, utilize energy efficient products  and
processes  and gain access to renewable sources of energy. The viability
of small businesses and the overall economic and environmental status of
New York state will  be  enhanced  by  the  development,  expansion  and
promotion  of  accessible  and affordable programs to assist small busi-
nesses in energy conservation, energy efficiency, and increased  use  of
renewable  resources, and by ensuring equitable treatment of small busi-
nesses in the proceedings of energy-related regulatory agencies.
  The legislature hereby establishes a small business energy  assistance
and advocacy services program as part of the division for small business
within  the  New York state department of economic development to assist
small businesses in accessing energy conservation, energy efficiency and
renewable energy programs available through public and private  sources,
and  to  advocate  for the initiation and expansion of such programs and
for equitable treatment of small businesses  in  regulatory  proceedings
related to energy.
  S  2.  The economic development law is amended by adding a new section
138-a to read as follows:
  S 138-A.  SMALL  BUSINESS  ENERGY  ASSISTANCE  AND  ADVOCACY  SERVICES
PROGRAM.    1.  THERE  IS HEREBY ESTABLISHED WITHIN THE DIVISION A SMALL
BUSINESS ENERGY ASSISTANCE AND ADVOCACY SERVICES PROGRAM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10175-01-9
              

A. 6766                             2

  2. THE SMALL BUSINESS ENERGY ASSISTANCE AND ADVOCACY SERVICES PROGRAM,
DIRECTLY AND IN CONJUNCTION WITH OTHER DIVISIONS OF THE  DEPARTMENT  AND
WITH OTHER AGENCIES OF THE STATE, FEDERAL AGENCIES OR LOCAL GOVERNMENTS,
SHALL:
  A.  SOLICIT INPUT FROM SMALL BUSINESSES AND FROM ORGANIZATIONS REPRES-
ENTING SMALL BUSINESSES, SUCH AS TRADE ASSOCIATIONS OR  OTHER  ENTITIES,
REGARDING THE ENERGY ASSISTANCE NEEDS OF SMALL BUSINESSES;
  B.  WITH  SUCH INPUT AND THE ASSISTANCE OF THE SMALL BUSINESS ADVISORY
BOARD AND OTHER APPROPRIATE STATE AGENCIES, IDENTIFY ISSUES RELATING  TO
ENERGY  AVAILABILITY,  AFFORDABILITY  AND SUSTAINABILITY AFFECTING SMALL
BUSINESSES AND ASSIST THE ADVISORY BOARD  AND  THE  DIVISION  IN  MAKING
RECOMMENDATIONS  FOR LEGISLATIVE, REGULATORY AND PROGRAMMATIC ACTIONS TO
ADDRESS SUCH ISSUES;
  C. COORDINATE WITH  ENTITIES  INCLUDING  THE  NEW  YORK  STATE  ENERGY
RESEARCH  AND DEVELOPMENT AUTHORITY, THE POWER AUTHORITY OF THE STATE OF
NEW YORK AND OTHER APPROPRIATE PUBLIC  UTILITY  AUTHORITIES  ESTABLISHED
PURSUANT  TO  ARTICLE  FIVE  OF  THE  PUBLIC AUTHORITIES LAW, THE PUBLIC
SERVICE COMMISSION, INVESTOR-OWNED UTILITIES AND OTHER APPROPRIATE ENTI-
TIES TO FACILITATE AND PROMOTE THE PARTICIPATION OF SMALL BUSINESSES AND
ASSOCIATIONS REPRESENTING SMALL BUSINESSES IN THE DEVELOPMENT AND IMPLE-
MENTATION OF ENERGY ASSISTANCE PROGRAMS;
  D. PROVIDE GUIDANCE AND RECOMMENDATIONS TO THE NEW YORK  STATE  ENERGY
RESEARCH  AND DEVELOPMENT AUTHORITY, THE POWER AUTHORITY OF THE STATE OF
NEW YORK AND OTHER PUBLIC UTILITY AUTHORITIES  ESTABLISHED  PURSUANT  TO
ARTICLE  FIVE  OF THE PUBLIC AUTHORITIES LAW, THE PUBLIC SERVICE COMMIS-
SION, INVESTOR-OWNED UTILITIES AND OTHER ENTITIES REGARDING THE DEVELOP-
MENT AND IMPLEMENTATION OF ENERGY ASSISTANCE PROGRAMS AND ON THE  IMPACT
OF STATE ENERGY POLICY ON SMALL BUSINESSES;
  E.  PROVIDE  TO  SMALL  BUSINESSES INFORMATION AND MATERIALS ON ENERGY
ASSISTANCE PROGRAMS,  COOPERATIVE  FUEL  PURCHASING  EFFORTS  AND  OTHER
PROGRAMS  TO MAINTAIN THE AFFORDABILITY OF ENERGY, AND PROVIDE ACCESS TO
SUCH INFORMATION AND MATERIALS ON THE DEPARTMENT'S WEBSITE; AND
  F. REFER SMALL BUSINESSES TO SPECIALISTS FOR INFORMATION  AND  ASSIST-
ANCE  ON  AFFORDABLE ALTERNATIVE TECHNOLOGIES, PROCESS CHANGES, PRODUCTS
AND OPERATIONAL METHODS TO ACHIEVE ENERGY SAVINGS.
  3. A. THE SMALL  BUSINESS  ENERGY  ASSISTANCE  AND  ADVOCACY  SERVICES
PROGRAM  SHALL  REPRESENT  THE  INTERESTS OF SMALL BUSINESSES BEFORE THE
PUBLIC SERVICE COMMISSION  PURSUANT  TO  SECTION  TWENTY-FOUR-C  OF  THE
PUBLIC SERVICE LAW, AND SHALL BE AUTHORIZED TO INITIATE, INTERVENE IN OR
PARTICIPATE  IN ANY PROCEEDINGS BEFORE THE PUBLIC SERVICE COMMISSION AND
IN ANY OTHER SUCH ENERGY-RELATED PROCEEDINGS AS THE DIVISION DEEMS TO BE
NECESSARY OR APPROPRIATE.
  B. THE SMALL BUSINESS ENERGY ASSISTANCE AND ADVOCACY SERVICES  PROGRAM
SHALL  ADVOCATE BEFORE THE PUBLIC SERVICE COMMISSION AND OTHER STATE AND
FEDERAL REGULATORY AGENCIES FOR THE ADOPTION OF APPROPRIATE  REGULATIONS
PROVIDING  FOR EQUITABLE TREATMENT OF SMALL BUSINESSES IN ENERGY-RELATED
POLICIES, INCLUDING BUT NOT LIMITED  TO  EXTENDING  REASONABLE  CONSUMER
PROTECTIONS TO SMALL BUSINESSES IN ENERGY-RELATED MATTERS.
  S 3. The public service law is amended by adding a new section 24-c to
read as follows:
  S  24-C.  NOTICE  TO  BE  GIVEN TO DIVISION PRIOR TO RATE INCREASE. 1.
NOTWITHSTANDING ANY INCONSISTENT GENERAL, SPECIAL OR LOCAL LAW  OR  RULE
OR  REGULATION  TO  THE CONTRARY, THE COMMISSION SHALL TO THE EXTENT THE
DIVISION SHALL SO REQUEST IN ANY CASES OR CLASS OF CASES, GIVE NOTICE TO
THE DIVISION OF ANY FILED STATEMENT  PROPOSING  TO  MODIFY  OR  INCREASE
RATES,  SERVICES, SCHEDULE OF RATES OR ANY OTHER RATING RULE OR TO ADOPT

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OR AMEND ANY RATE OR SERVICE RULES OR REGULATIONS WITHIN FIVE DAYS AFTER
THE COMMISSION SHALL HAVE  RECEIVED  SUCH  STATEMENT  FROM  ANY  UTILITY
SUBJECT  TO  ITS JURISDICTION; PROVIDED, HOWEVER, THAT IN LIEU OF GIVING
SUCH NOTICE, THE COMMISSION MAY DIRECT THAT THE UTILITY GIVE SUCH NOTICE
TO  THE  DIVISION.  THE COMMISSION SHALL DIRECTLY NOTIFY THE DIVISION OF
ANY SUCH CASE THAT IS NOT INITIATED BY A UTILITY.
  2. IN ANY SUCH CASE IN WHICH THE DIVISION SHALL FILE WITH THE  COMMIS-
SION A STATEMENT OF INTENT TO BE A PARTY, THE DIVISION SHALL HAVE AND IN
ITS DISCRETION MAY EXERCISE ALL THE RIGHTS AND PRIVILEGES OF A PARTY.
  3.  FOR  THE  PURPOSES OF THIS SECTION, THE TERM "DIVISION" SHALL MEAN
THE DIVISION FOR SMALL BUSINESS ESTABLISHED BY  ARTICLE  FOUR-B  OF  THE
ECONOMIC  DEVELOPMENT  LAW,  AND  THE  TERM  "COMMISSION" SHALL MEAN THE
PUBLIC SERVICE COMMISSION.
  S 4. This act shall take effect on the first of April next  succeeding
the  date on which it shall have become a law. Effective immediately the
department of economic development and  the  public  service  commission
shall  be  authorized  to  take  any  and all actions necessary to fully
implement the provisions of this act on such effective date.