S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    232
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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.
   § 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.
              

                                                            LBD04586-01-9

 S. 232                              2
 
   §  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.
   § 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

 S. 232                              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.
   § 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.