S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5224
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  RICHARDSON, M. G. MILLER, JOYNER,
   MOSLEY, COLTON, COOK, GALEF, PEOPLES-STOKES, JENNE,  BARRETT,  ZEBROW-
   SKI,  GOTTFRIED, TITONE, CAHILL, STECK, BICHOTTE, RIVERA, BLAKE, HUNT-
   ER, ROSENTHAL, HOOPER -- Multi-Sponsored by -- M. of A. HIKIND,  HYND-
   MAN,  LIFTON,  MAGEE,  SIMON,  THIELE -- read once and referred to the
   Committee on Consumer Affairs and 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03756-01-7

 A. 5224                             2
 
 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
 RECEIVED  ENERGY  SERVICES  FROM  THEIR RESPECTIVE DISTRIBUTION UTILITY,
 INCLUDING, THE INTERNET ADDRESS OF ANY BILL CALCULATOR OFFERED  BY  SUCH
 CUSTOMER'S DISTRIBUTION UTILITY'S WEBSITE.
   § 2. This act shall take effect immediately.