S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10347
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Energy
 
 AN ACT to amend the public service law, in relation to  energy  services
   companies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public service law is amended by adding a  new  section
 66-t to read as follows:
   §  66-T.  ENERGY  SERVICES  COMPANIES. 1. ENERGY SERVICES COMPANIES OR
 "ESCO", AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION  THREE
 HUNDRED  FORTY-NINE-D OF THE GENERAL BUSINESS LAW, SHALL ONLY ENROLL NEW
 OR RENEW EXISTING RESIDENTIAL OR SMALL NON-RESIDENTIAL CUSTOMERS IN  GAS
 OR ELECTRIC SERVICE IF AT LEAST ONE OF THE FOLLOWING CONDITIONS IS MET:
   (A) THE ENROLLMENT CONTRACT GUARANTEES SAVINGS OVER THE UTILITY PRICE;
   (B)  ENROLLMENT  IS  FOR  A FIXED-RATE COMMODITY PRODUCT, PRICED AT NO
 MORE THAN FIVE PERCENT GREATER THAN THE  TRAILING  TWELVE-MONTH  AVERAGE
 UTILITY SUPPLY RATE; OR
   (C)  ENROLLMENT  IS FOR A RENEWABLY SOURCED ELECTRIC COMMODITY PRODUCT
 THAT:
   (I) HAS A RENEWABLE MIX THAT IS AT LEAST FIFTY  PERCENT  GREATER  THAN
 THE ESCO'S CURRENT RENEWABLE ENERGY STANDARD OBLIGATION; AND
   (II)  THE  ESCO COMPLIES WITH THE RENEWABLE ENERGY STANDARD LOCATIONAL
 AND DELIVERY REQUIREMENTS WHEN PROCURING  RENEWABLE  ENERGY  CREDITS  OR
 ENTERING INTO BILATERAL CONTRACTS FOR RENEWABLE COMMODITY SUPPLY.
   2.  AN  ESCO  SHALL BE REQUIRED TO GUARANTEE SAVINGS TO ALL LOW-INCOME
 CUSTOMERS. IN ORDER TO PROVIDE SERVICE TO A LOW-INCOME  CUSTOMER,  PRIOR
 TO  ENROLLMENT  IN  A CONTRACT, AN ESCO SHALL SUBMIT TO THE DEPARTMENT A
 DESCRIPTION WHICH INCLUDES, AT MINIMUM:
   (A) A CALCULATION OF WHAT THE CUSTOMER WOULD HAVE PAID TO THE  DEFAULT
 UTILITY;
   (B)  AN  ASSURANCE  THAT THE CUSTOMER WILL BE PAYING NO MORE THAN THEY
 WOULD HAVE PAID TO THE DEFAULT UTILITY; AND
   (C) A DESCRIPTION OF HOW THE ESCO WILL COMPLY WITH REPORTING  REQUIRE-
 MENTS  IN  ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION, INCLUDING A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15502-01-2
 A. 10347                            2
 
 PROCESS FOR THE DEPARTMENT OR CUSTOMER TO  VERIFY  COMPLIANCE  WITH  THE
 PROVISIONS OF THIS SECTION.
   3. AN ESCO SHALL RECEIVE AFFIRMATIVE CONSENT FROM RESIDENTIAL OR SMALL
 NON-RESIDENTIAL  CUSTOMERS  PRIOR  TO  ENROLLING  THE  CUSTOMER  INTO  A
 CONTRACT THAT PROVIDES RENEWABLE ENERGY BUT DOES NOT GUARANTEE SAVINGS.
   4. AN ESCO SHALL PROVIDE TO CUSTOMERS A  TRANSPARENCY  OF  INFORMATION
 AND DISCLOSURE STATEMENT WITH RESPECT TO PRICING AND COMMODITY SOURCING.
 SUCH  STATEMENT SHALL INCLUDE CALCULATIONS THAT SHOW THE PRICE PER KILO-
 WATT-HOUR THE CUSTOMER WILL PAY AND HOW THAT  PRICE  COMPARES  WITH  THE
 APPLICABLE  DEFAULT  UTILITY SERVICE PRICE, THE TYPE OF RENEWABLE ENERGY
 CONTENT IN EACH PRODUCT THE ESCO OFFERS AND THE PERCENTAGE OF  RENEWABLE
 ELECTRICITY  THAT  WILL  BE ADVERTISED FOR THAT PRODUCT. SUCH DISCLOSURE
 STATEMENT SHALL BE MADE PUBLICLY AVAILABLE ON THE ESCO'S WEBSITE.
   5. THE DISCLOSURE STATEMENT FOR  EACH  ESCO  SHALL  BE  MADE  PUBLICLY
 AVAILABLE  ON  THE COMMISSION'S WEBSITE. SUCH DISCLOSURE STATEMENT SHALL
 INCLUDE THE RELEVANT FACTS ESTABLISHED AND THE REASON FOR  ALLOWING  THE
 ESCO TO PROVIDE ENERGY SERVICES TO LOW-INCOME CUSTOMERS.
   6.  ENROLLMENT  CONTRACTS  BETWEEN AN ESCO AND A CUSTOMER, PURSUANT TO
 SUBDIVISIONS ONE AND TWO OF  THIS  SECTION,  SHALL  INCLUDE  A  CUSTOMER
 NOTICE  STATEMENT IN FOURTEEN-POINT FONT. SUCH CUSTOMER NOTICE STATEMENT
 SHALL DISCLOSE THE CALCULATION OF WHAT THE CUSTOMER WOULD HAVE  PAID  TO
 THE DEFAULT UTILITY AND AN ASSURANCE THAT THE CUSTOMER WILL BE PAYING NO
 MORE THAN THEY WOULD HAVE PAID TO THE DEFAULT UTILITY.
   § 2. This act shall take effect immediately.