NY State Senate Bill 2009-S5942

Senate Bill S5942

Vetoed By Governor

2009-2010 Legislative Session

Establishes a small business energy assistance and advocacy services program

download bill text pdf

Archive: Last Bill Status Via A6766 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 18, 2010	tabled vetoed memo.6803
Sep 07, 2010	delivered to governor
Jun 22, 2010	returned to assembly passed senate 3rd reading cal.1087 substituted for s5942
Jun 22, 2010	substituted by a6766 ordered to third reading cal.1087 committee discharged and committed to rules
Mar 09, 2010	reported and committed to finance
Jan 06, 2010	referred to commerce, economic development and small business
Jun 19, 2009	referred to rules

Votes

- Jun 22, 2010 - Floor Vote
  A6766
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 22, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 22, 2010 - Rules Committee Vote
  S5942
  
  21
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 22, 2010
      
      aye (21)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      Larkin
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (2)
      
      LaValle
      
      Saland
  Mar 9, 2010 - Commerce, Economic Development And Small Business Committee Vote
  S5942
  
  7
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Commerce, Economic Development And Small Business Committee Vote: Mar 9, 2010
      
      aye (7)
      
      Aubertine
      
      Espada
      
      Foley
      
      Hassell-Thompson
      
      Parker
      
      Stachowski
      
      Stewart-Cousins
      
      aye wr (4)
      
      Alesi
      
      Griffo
      
      Robach
      
      Volker
      
      excused (1)
      
      Fuschillo

co-Sponsors

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2009-S5942 (ACTIVE) - Details

See Assembly Version of this Bill:: A6766
Law Section:: Economic Development Law
Laws Affected:: Add §138-a, Ec Dev L; add §24-c, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2822, A235
2013-2014: S2057, A6640
2015-2016: A2521
2017-2018: A188
2019-2020: A1483

2009-S5942 (ACTIVE) - Summary

Establishes a small business energy assistance and advocacy services program as part of the division of small business to assist small businesses in accessing energy conservation, energy efficiency and renewable energy programs available through public and private sources; requires notice to be given to the division of small business prior to any rate increase; makes related provisions.

2009-S5942 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5942

 TITLE OF BILL :
An act to amend the economic development law and the public service
law, in relation to small business energy assistance and advocacy
services


 PURPOSE OR GENERAL IDEA OF BILL :
This bill would improve New York's business climate by providing for a
program of business energy assistance and advocacy.

 SUMMARY OF SPECIFIC PROVISIONS :
Section One of the bill sets forth legislative findings concerning the
impact of rising costs on the State's small businesses and the need
for a program of assistance and advocacy to ensure the continued
vitality of this crucial sector.

Section Two of the bill adds a new Section 138-a to the Economic
Development Law to establish a small business energy assistance and
advocacy services program within the Division for Small Business. The
program shall:

o Solicit input from small businesses and organizations representing
them on energy assistance needs; identify issues relating to energy
availability, affordability and sustainability affecting small

businesses; and develop recommendations for legislative, regulatory,
and programmatic actions to address such issues;

o Coordinate with entities including NYSERDA, the Power Authority and
other public utility authorities, the Public Service Commission (PSC)
and utilities to promote small business participation in developing
and implementing energy assistance programs and state energy policy;

o Provide small businesses with 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 of Economic
Development's website; and

o Refer small businesses to specialists for information and assistance
on affordable alternative technologies, process changes, products and
operational methods to achieve energy savings.

The program, through the Division, shall represent the interests of
small businesses before the PSC pursuant to a new Section 24-c of the
Public Service Law, and is authorized to initiate, intervene in or
participate in any proceedings before the PSC and in any other such
energy-related proceedings as deemed necessary or appropriate. The
program shall also advocate before the PSC 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.

Section Three of the bill adds a new Section 24-c to the Public
Service Law to require that the Division be given notice prior to any
filing for a rate increase or other change in utility regulation.
Should the Division file a statement of intent to be a party in a PSC
proceeding, it shall have and may exercise all the rights and
privileges of a party.

 JUSTIFICATION :
Changes in the energy market are having a major impact on small
businesses. Skyrocketing energy costs threaten the viability of many
small businesses, while the opportunities created by conservation
measures, alternative energy sources, co-generation and net metering,
and financing help often require substantial investments of time and
effort. Unlike larger businesses, small businesses often lack the
resources to take full advantage of available programs to assist them
in lowering their energy bills and "going green".

This information gap undercuts the effectiveness of our strategies to
reduce fossil fuel use and preserve the environment. This bill would
create a one stop energy assistance program at the Division for Small
Business to make it easier for our entrepreneurs to learn about,
compare and select energy alternatives that will best fit their
operations and enable continued growth. The program would enhance the
ability of New York's small businesses to take advantage of programs
offered by NYSERDA, a public utility authorities and investor-owned
utilities, as well as the new small business energy efficiency
programs included in the federal "Energy Independence and Security Act
of 2007" (P.L. 110-140).

The Division would also be empowered to represent the interests of
small businesses in PSC rate cases and other proceedings relating to
energy prices and policies. While the Consumer Protection Board has
for many years been involved in advocating for residential energy
customers, no organization has been similarly vested with the
responsibility for ensuring that small businesses are presented in
rate deliberations or in the development of state programs and
policies on energy. Other states (including our neighbor)
Pennsylvania) have recognized the value of a dedicated small business
advocate in energy proceedings.

Taken together, the provisions of this bill will help to ensure that
small businesses can take full advantage of conservation, efficiency
and renewable energy programs and can obtain affordable energy to
enable them-and our economy-to grow.

 LEGISLATIVE HISTORY :
New Bill- 2009

 FISCAL IMPLICATIONS :
The Department of Economic Development already receives a percentage
of the annual assessment on public utilities and corporations
authorized by Public Service Law Section 18-a. The percentages of
assessments allocated to specific agencies are changed each year in
the budget process. Any additional funding required to implement the
Division's responsibilities under Economic Development Law, Section
138-a and Public Service Law, Section 24-c can be achieved through
such a reallocation.

 EFFECTIVE DATE :
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law; provided, however, that the
department of economic development and the public service commission
shall be immediately authorized to take any and all actions necessary
to fully implement the provisions of this act on such date.

2009-S5942 (ACTIVE) - Bill Text download pdf

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

                                  5942

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 19, 2009
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

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

S. 5942                             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

S. 5942                             3

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.

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