Senate Bill S6798

2015-2016 Legislative Session

Relates to changes in energy service pricing

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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2015-S6798 (ACTIVE) - Details

See Assembly Version of this Bill:
A9032
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง349-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S1046, A5224
2019-2020: S3580, A2474
2021-2022: S2751, A1006
2023-2024: S683, A703

2015-S6798 (ACTIVE) - Summary

Relates to changes in energy service pricing.

2015-S6798 (ACTIVE) - Sponsor Memo

2015-S6798 (ACTIVE) - Bill Text download pdf 

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

                                  6798

                            I N  S E N A T E

                            February 23, 2016
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law,  in  relation  to  changes  in
  energy service pricing

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

  Section 1. Subdivisions 6 and 7 of section 349-d of the general  busi-
ness  law,  as  added by chapter 416 of the laws of 2010, are amended to
read as follows:
  6. No material change shall be made in the terms or  duration  of  any
contract  for  the  provision  of energy services by an ESCO without the
express consent of the customer. A CHANGE IN PRICE OR  A  CHANGE  TO  OR
FROM  FIXED  OR  VARIABLE  PRICING  SHALL BE DEEMED TO BE MATERIAL. This
shall not restrict an ESCO from renewing a contract by clearly informing
the customer in writing, not less than thirty days nor more  than  sixty
days  prior  to the renewal date, of the renewal terms and of his or her
option not to accept the renewal offer; provided, however, that  no  fee
pursuant  to  subdivision  five  of  this  section shall be charged to a
customer WHOSE EXPRESS CONSENT HAS NOT BEEN OBTAINED TO  ANY  CHANGE  IN
MATERIAL  TERMS AND CONDITIONS, OR who objects to such renewal not later
than three business days after receiving  the  first  billing  statement
from  the  ESCO  under  the terms of the contract as renewed. The public
service commission and the Long Island power authority may  adopt  addi-
tional guidelines, practices, rules or regulations governing the renewal
process.
  7.  In every contract for energy services and in all marketing materi-
als provided to prospective purchasers of such contracts,  all  variable
charges  shall  be  clearly and conspicuously identified.  IN ANY NOTICE
REGARDING CONTRACT RENEWABILITY, THE PROVIDER SHALL DISCLOSE THE FOLLOW-
ING INFORMATION AS IT EXISTS AT THE TIME OF SUCH NOTICE: (I)  THE  PRICE
CHARGED  FOR  ENERGY SERVICES; (II) THE PRICE IT PROPOSES TO CHARGE UPON
RENEWAL; (III) THE PRICE THAT IS CHARGED BY THE CUSTOMER'S  DISTRIBUTION
UTILITY;  AND  (IV)  INFORMATION  NOTIFYING  THE  CUSTOMER  HOW THEY MAY
COMPARE PAST BILLS WITH WHAT THEY  WOULD  HAVE  BEEN  CHARGED  HAD  THEY

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

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