S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3168
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by 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-u to read as follows:
   § 66-U. 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05731-01-3
 A. 3168                             2
              

 
   (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
 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.