NY State Senate Bill 2015-S5742

Senate Bill S5742

2015-2016 Legislative Session

Establishes a small business energy assistance and advocacy services program

download bill text pdf

Archive: Last Bill Status - In Senate Committee Commerce, Economic Development And Small Business Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to commerce, economic development and small business
Jun 01, 2015	referred to commerce, economic development and small business

2015-S5742 (ACTIVE) - Details

See Assembly Version of this Bill:: A2521
Current Committee:: Senate Commerce, Economic Development And Small Business
Law Section:: Economic Development Law
Laws Affected:: Add §138-a, Ec Dev L; amd §§71 & 84, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6766
2011-2012: A235
2013-2014: A6640
2017-2018: A188
2019-2020: A1483

2015-S5742 (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.

2015-S5742 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5742

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:

This bill would improve New York's business climate by providing for a
program of small business energy assistance and advocacy.

SUMMARY OF 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 2 of the bill adds a new § 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:

*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;

*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;

*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

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

Sections 3 and 4 of the bill amend sections 71 and 84 of the Public
Service Law, respectively, to specifically authorize the Division of
Small Business to initiate complaints on behalf of small businesses
with the PSC regarding gas and electric (§ 71) and steam (§ 84).

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 strategies to
reduce fossil fuel use and reduce the environmental impact of energy
use. 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, public utility
authorities and investor-owned utilities.

The Division would also be empowered to assist small businesses by
formally bringing complaints on their behalf regarding service and
price issues related to their energy service.

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.

PRIOR LEGISLATIVE HISTORY:

See A.6640-B of 2014 -- passed the Assembly, referred to the Senate

FISCAL IMPACT:

The Department of Economic Development already receives a percentage
of the basic assessment on public utilities and corporations. 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 § 138-a and the Public Service Law can be achieved through such a
reallocation.

EFFECTIVE DATE:

September 1, 2017

2015-S5742 (ACTIVE) - Bill Text download pdf

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

                                  5742

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 1, 2015
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01494-03-5

S. 5742                             2

  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.  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. Section 71 of the public service law, as amended by  chapter  521
of the laws of 2013, is amended to read as follows:
  S 71. Complaints  as  to  quality  and  price  of gas and electricity;
investigation by commission; forms of complaints. Upon the complaint  in
writing  of  the  mayor  of  a city, the trustees of a village, the town
board of a town or the chief executive officer or the  legislative  body
of  a  county in which a person or corporation is authorized to manufac-
ture, convey, transport, sell or supply gas  or  electricity  for  heat,
light  or power, or upon the complaint in writing of not less than twen-
ty-five customers or purchasers of such gas or electricity, or upon  the
complaint  in  writing  of  the  department of state OR THE DIVISION FOR
SMALL BUSINESS, or upon a complaint of a gas corporation  or  electrical

S. 5742                             3

corporation supplying or transmitting said gas or electricity, as to the
illuminating  or heating power, purity or pressure or the rates, charges
or classifications of service of gas, the  efficiency  of  the  electric
incandescent lamp supply, the voltage of the current supplied for light,
heat  or  power,  or  the  rates charged or classification of service of
electricity sold and delivered in such municipality, or as to the extent
or duration of a disruption in gas or electricity service,  the  commis-
sion  shall  investigate  as  to the cause for such complaint. When such
complaint is made, the commission may,  by  its  agents,  examiners  and
inspectors,  inspect  the  works, system, plant, devices, appliances and
methods used by such person or corporation in  manufacturing,  transmit-
ting  and supplying such gas or electricity, and may examine or cause to
be examined the books and papers of such person, or corporation pertain-
ing to the manufacture, sale, transmitting and supplying of such gas  or
electricity.  The  form  and  contents of complaints made as provided in
this section shall be prescribed  by  the  commission.  Such  complaints
shall  be  signed  by  the  officers, or by the customers, purchasers or
subscribers making them, who must add to their signatures  their  places
of residence, by street and number, if any. The commission shall publish
the  form  and  instructions for completing the form on the commission's
website.
  S 4. Section 84 of the public service law, as amended by section 49 of
part A of chapter 62 of the laws of 2011, is amended to read as follows:
  S 84. Complaints as to service and price of steam heat;  investigation
by commission; forms of complaints. Upon the complaint in writing of the
mayor of the city, the trustees of a village or the town board of a town
in  which  a person or corporation is authorized to manufacture, sell or
supply steam for heat or power, or upon the complaint in writing of  not
less  than fifty customers or purchasers of such steam heat in cities of
the first or second class, or of not less than twenty-five in cities  of
the  third  class,  or  of  not  less  than  ten  elsewhere, or upon the
complaint in writing of the department of  state  OR  THE  DIVISION  FOR
SMALL  BUSINESS,  as  to  the  price,  pressure  or  efficiency of steam
supplied for heat or power, sold and delivered in such municipality, the
commission shall investigate as to the cause for  such  complaint.  When
such complaint is made, the commission may, by its agents, examiners and
inspectors,  inspect  the  work,  system, plant, devices, appliances and
methods used by such person or corporation in  manufacturing,  transmit-
ting  and  supplying such steam, and may examine or cause to be examined
the books and papers of such person or  corporation  pertaining  to  the
manufacture,  sale,  transmitting  and supplying of such steam. The form
and contents of complaints made as provided in  this  section  shall  be
prescribed  by  the  commission.  Such  complaint shall be signed by the
officers, or by the customers, purchasers or  subscribers  making  them,
who must add to their signatures their place of residence, by street and
number, if any.
  S  5.  This  act shall take effect September 1, 2017.  Effective imme-
diately 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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