S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1483
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M. of A. SANTABARBARA, RIVERA, WOERNER, LAVINE, PERRY --
   read once and referred to the Committee 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.
   §  2.  The economic development law is amended by adding a new section
 138-a to read as follows:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04586-01-9

 A. 1483                             2
 
   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.
   §  3.  Section 71 of the public service law, as amended by chapter 521
 of the laws of 2013, is amended to read as follows:
   § 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
 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

 A. 1483                             3
 
 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.
   § 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:
   § 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.
   § 5. This act shall take effect September 1, 2021.    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.