§ 94-a. Consumer protection division. 1. Legislative declaration. The
legislature hereby finds and declares that the consumption of goods and
services is an economic activity that affects the life of every citizen.
The legislature further finds that unscrupulous and questionable
business practices are detrimental to the economic well-being of the
citizens of this state. In order to protect the people of New York state
from economic harm the legislature finds that it is appropriate that the
responsibilities of the consumer protection board be consolidated into a
new consumer protection division under the supervision of the secretary.

2. Consumer protection division. (a) The secretary shall establish a
consumer protection division in the department.

(b) The secretary is authorized to establish within the consumer
protection division one or more units and assign appropriate functions
to any such unit and may appoint such staff as necessary and prescribe
their duties and fix their compensation within the appropriation
provided by law.

(c) The secretary shall establish a public education and outreach
campaign to publicize the consumer protection division so as to maximize
public awareness of, and the services provided by, such division.

3. Powers of the consumer protection division. (a) The division shall
have the power and duty to:

(1) receive complaints of consumers, attempt to mediate such
complaints where appropriate, and refer complaints to the appropriate
unit of the department, or federal, state or local agency authorized by
law for appropriate action on such complaints;

(2) coordinate the activities of all state agencies performing
consumer protection functions;

(3) initiate and encourage consumer education programs;

(4) conduct investigations, research, studies and analyses of matters
affecting the interests of consumers;

(5) cooperate with and assist the attorney general and the department
of financial services in the carrying out of legal enforcement
responsibilities for the protection of consumers;

(6) implement other powers and duties by regulation and otherwise as
prescribed by any provision of law;

(7) (i) advise and make recommendations to the governor on matters
affecting the consumers of the state and promote and encourage the
protection of the legitimate interests of consumers within the state;

(ii) study the operation of consumer protection laws and recommend to
the governor new laws and amendments of laws for consumer protection;

(8) represent the interests of consumers of the state before federal,
state and local administrative and regulatory agencies;

(9) establish a process by which victims of identity theft will
receive assistance and information to resolve complaints. To implement
the process the secretary shall have the authority to:

(i) promulgate rules and regulations to administer the identity theft
prevention and mitigation program; and

(ii) act as a liaison between the victim and any state agency, public
authority, or any municipal department or agency, the division of state
police, and county or municipal police departments, and any
non-governmental entity, including but not limited to, consumer credit
reporting agencies, to facilitate the victim obtaining such assistance
and data as will enable the program to carry out its duties to help
consumers resolve the problems that have resulted from the identity
theft. Trade secrets and proprietary business information contained in
the documents or records that may be received by the division shall be
exempt from disclosure to the extent allowed by article six of the
public officers law;

(10) undertake activities to encourage business and industry to
maintain high standards of honesty, fair business practices, and public
responsibility in the production, promotion and sale of consumer goods
and services;

(11) conduct product research and testing and, where appropriate,
contract with private agencies and firms for the performance of such
services;

(12) cooperate with and assist local governments in the development of
consumer protection activities;

(13) establish advisory councils to assist in policy formulation on
specific consumer problems;

(14) cooperate with and assist consumers in class actions in proper
cases;

(15) create an internet website or webpage pursuant to section three
hundred ninety-c of the general business law, as added by chapter five
hundred nine of the laws of two thousand seven; and

(16) exercise such powers and duties granted to the secretary by
article sixteen of the energy law as the secretary may direct,
including, but not limited to: consult with such president of the New
York state energy research and development authority in connection with
investigations conducted by such president pursuant to article sixteen
of the energy law; make determinations relating to compliance by
products with the standards adopted pursuant to article sixteen of the
energy law; order the immediate cessation of any distribution, sale or
offer for sale, import, or installation of any product that does not
meet such standards; and impose civil penalties as contemplated by
article sixteen of the energy law.

4. Utility intervention unit. (a) There is established within the
division a state utility intervention unit.

(b) The utility intervention unit shall have the power and duty to:

(i) on behalf of the secretary, initiate, intervene in, or participate
in any proceedings before the public service commission or the
department of public service, to the extent authorized by sections
three-b, twenty-four-a, seventy-one, eighty-four or ninety-six of the
public service law or any other applicable provision of law, where he or
she deems such initiation, intervention or participation to be necessary
or appropriate;

(ii) represent the interests of consumers of the state before federal,
state and local administrative and regulatory agencies engaged in the
regulation of energy services;

(iii) accept and investigate complaints of any kind from Long Island
power authority consumers, attempt to mediate such complaints where
appropriate directly with such authority and refer complaints to the
appropriate state or local agency authorized by law to take action with
respect to such complaints; and

(iv) hold regular forums in each of the service territories of the
combination gas and electric corporations, as defined under section two
of the public service law, and the Long Island power authority to
educate consumers about utility-related matters and the regulatory
process, opportunities to lower energy costs, including through energy
efficiency and distributed generation, and other matters affecting
consumers.

5. Reports. (a) No later than March fifteenth of each year, beginning
in two thousand twelve, the secretary shall furnish to the governor, the
speaker of the assembly and the temporary president of the senate a
report describing the activities of the consumer protection division.
The secretary shall prepare quarterly a report to the governor, the
speaker of the assembly and the temporary president of the senate of the
category and number of complaints received by the division during the
previous quarter in sufficient detail to assist the recipients in
determining the need for additional laws for the protection of the
consumer. Additionally, all such complaints received by the division
shall be maintained on a category by category basis.

(b) No later than January first, two thousand twelve, the secretary
shall furnish to the governor, the speaker of the assembly and the
temporary president of the senate a report describing the activities of
the consumer protection division regarding the public education and
outreach campaign required pursuant to paragraph (c) of subdivision two
of this section.