S T A T E   O F   N E W   Y O R K
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                                 351--A
                                                        Cal. No. 367

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. DINOWITZ, GABRYSZAK -- read once and referred to
  the Committee on Consumer  Affairs  and  Protection  --  reported  and
  referred  to  the  Committee  on  Codes  --  reported  from committee,
  advanced to a third reading, amended and ordered reprinted,  retaining
  its place on the order of third reading

AN  ACT  to  amend  the  public service law, in relation to unauthorized
  changes in suppliers of natural gas and electric service

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

  Section 1. Section 65 of the public service law is amended by adding a
new subdivision 16 to read as follows:
  16.  UNAUTHORIZED CHANGES IN NATURAL GAS OR ELECTRIC SERVICE PROHIBIT-
ED. (A) NO SUPPLIER OF GAS OR ELECTRIC SERVICE OR ANY  PERSON,  FIRM  OR
CORPORATION  ACTING  AS SUCH SUPPLIER'S AGENT OR REPRESENTATIVE SHALL ON
BEHALF OF A CUSTOMER MAKE OR DIRECT ANY CHANGE IN A SUPPLIER OF  GAS  OR
ELECTRIC  SERVICE UNLESS SUCH SUPPLIER, AGENT OR REPRESENTATIVE COMPLIES
WITH REQUIREMENTS TO AUTHORIZE AND VERIFY  THE  CHANGE.  THE  COMMISSION
SHALL  HAVE  THE  AUTHORITY  TO ESTABLISH REQUIREMENTS FOR OBTAINING THE
AUTHORIZATION OF A CUSTOMER TO EFFECT A CHANGE IN THE CUSTOMER'S SUPPLI-
ER OF GAS OR ELECTRIC SERVICE AND FOR THE VERIFICATION OF  SUCH  CHANGE.
IN  CONSTRUING AND ENFORCING THE PROVISIONS OF THIS SUBDIVISION, THE ACT
OF ANY PERSON, FIRM OR CORPORATION ACTING AS AN AGENT OR  REPRESENTATIVE
OF  A  SUPPLIER OF GAS OR ELECTRIC SERVICE SHALL BE DEEMED TO BE THE ACT
OF SUCH SUPPLIER OF GAS OR ELECTRIC SERVICE. FOR THE  PURPOSES  OF  THIS
SUBDIVISION,  "SUPPLIER  OF  GAS  OR ELECTRIC SERVICE" SHALL INCLUDE ANY
PERSON, FIRM OR CORPORATION THAT OFFERS, SELLS OR DELIVERS ALL  OR  PART
OF NATURAL GAS OR ELECTRIC SERVICE, INCLUDING, BUT NOT LIMITED TO, A GAS
OR  ELECTRIC  DISTRIBUTION COMPANY, A GAS OR ELECTRIC CORPORATION, A GAS
OR ELECTRICITY PROVIDER, MARKETER, AGGREGATOR OR BROKER.

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

                                                           LBD01552-02-3

A. 351--A                           2

  (B) THE FAILURE TO COMPLY WITH  THE  PROVISIONS  IN  THIS  SUBDIVISION
SHALL  SUBJECT A SUPPLIER OF GAS OR ELECTRIC SERVICE TO EITHER THE JUDI-
CIAL PENALTY AUTHORIZED IN SECTION TWENTY-FIVE OF THIS CHAPTER  FOR  THE
FAILURE OR NEGLECT TO OBEY OR COMPLY WITH A PROVISION OF THIS CHAPTER OR
THE  ADMINISTRATIVE  PENALTY ESTABLISHED IN THIS SUBDIVISION. IN SEEKING
SUCH JUDICIAL PENALTY OR  ASSESSING  SUCH  ADMINISTRATIVE  PENALTY,  THE
COMMISSION  SHALL  TAKE  INTO ACCOUNT THE NATURE, CIRCUMSTANCES, EXTENT,
GRAVITY AND NUMBER OF THE VIOLATIONS, AND WITH RESPECT TO THE  VIOLATOR,
THE  DEGREE  OF  CULPABILITY, ANY HISTORY OF PRIOR OFFENSES AND REPEATED
VIOLATIONS, AND SUCH OTHER MATTERS AS MAY BE APPROPRIATE  AND  RELEVANT.
THE  REMEDIES  PROVIDED  BY THIS SUBDIVISION SHALL BE IN ADDITION TO ANY
OTHER REMEDIES PROVIDED BY LAW.
  (C) THE COMMISSION, AFTER OPPORTUNITY FOR A HEARING,  SHALL  HAVE  THE
AUTHORITY  TO  ASSESS  DIRECTLY  AN  ADMINISTRATIVE  PENALTY AGAINST ANY
SUPPLIER OF GAS OR ELECTRIC SERVICE FOR EACH VIOLATION OF THIS  SUBDIVI-
SION OR ORDER OF THE COMMISSION IMPLEMENTING OR ENFORCING THE PROVISIONS
OF  THIS SUBDIVISION. SUCH PENALTY SHALL NOT EXCEED ONE THOUSAND DOLLARS
FOR EACH VIOLATION ASSOCIATED WITH EACH METER SERVICE POINT. ALL  MONEYS
RECOVERED  FROM  ANY ADMINISTRATIVE PENALTY SHALL BE PAID INTO THE STATE
TREASURY TO THE CREDIT OF THE GENERAL FUND.
  (D) WHENEVER THE COMMISSION DETERMINES THAT ANY  SUPPLIER  OF  GAS  OR
ELECTRIC  SERVICE IS VIOLATING OR ABOUT TO VIOLATE ANY PROVISION OF THIS
SUBDIVISION OR ANY REGULATION OR ORDER OF THE COMMISSION IMPLEMENTING OR
ENFORCING THE PROVISIONS OF THIS SUBDIVISION, OR HAS FAILED TO  PAY  ANY
PENALTY  ASSESSED  PURSUANT  TO  THE PROVISIONS OF THIS SUBDIVISION, THE
COMMISSIONER SHALL HAVE POWER TO BRING AN ACTION OR ENFORCEMENT PROCEED-
ING AS PROVIDED BY SECTION TWENTY-SIX OF THIS CHAPTER.
  S 2.  This act shall take effect on  the  one  hundred  twentieth  day
after  it  shall  have  become  a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  necessary  for  the  implementation of this act on its effective
date is authorized and directed to be made and completed  on  or  before
such effective date.