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

                                   235

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  LATIMER, GABRYSZAK, ABBATE, CASTRO, SCHIMEL,
  COLTON, SCHROEDER, COOK, JAFFEE,  SPANO,  CAHILL,  PAULIN,  DenDEKKER,
  LUPARDO  --  Multi-Sponsored  by -- M.   of A. PHEFFER, RAMOS, REILLY,
  ROBINSON, TITONE, WEISENBERG -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00299-01-1
              

A. 235                              2

  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.
  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:

A. 235                              3

  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
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.