* § 66-t. Registration of energy brokers and energy consultants. 1.
Definitions. For the purposes of this section, the following terms shall
have the following meanings unless the context indicates otherwise:

a. "Broker compensation" means any payment made to an energy broker or
energy consultant for the purposes of securing or procuring of energy
for the end-use customer, or advising on the securing or procuring of
energy for the end-use consumer.

b. "Customer disclosure label" means the statement an energy service
company must provide a customer with whom it enters into a sales
agreement pursuant to the rules and regulations of the public service
commission.

c. "Energy broker" means an entity that assumes the contractual and
legal responsibility for the sale of electric supply service,
transmission or other services to end-use retail customers, but does not
take title to any of the electricity sold, or an entity that assumes the
contractual and legal obligation to provide for the sale of natural gas
supply service, transportation or other services to end-use retail
customers, but does not take title to any of the natural gas sold.

d. "Energy consultant" means any person, firm, association or
corporation who acts as broker in soliciting, negotiating or advising
any electric or natural gas contract, or acts as an agent in accepting
any electric or natural gas contract on behalf of an ESCO.

e. "Energy service company" or "ESCO" means an entity eligible to sell
electricity and/or natural gas to end-use customers using the
transmission or distribution system of a utility corporation.

2. Acting without registering with the commission. a. (i) No person,
firm, association or corporation shall act as an energy broker or energy
consultant without first registering with the commission.

(ii) Any person, firm, association or corporation who or which acts as
an energy broker or energy consultant in violation of this subdivision
shall, in addition to other penalties prescribed by law, be subject to a
penalty not to exceed five thousand dollars for each violation.

b. No person, firm, association or corporation shall identify or hold
himself, herself or itself out to be an energy broker or energy
consultant unless registered with the commission.

c. No person shall accept any commission, service fee, brokerage or
other valuable consideration for selling, soliciting or negotiating an
energy contract in this state if that person is required to be
registered under this section and is not so registered, unless stated
otherwise herein.

3. Energy broker and energy consultant registration. a. An energy
broker or energy consultant shall register with the commission
authorizing such registered energy broker or energy consultant to act as
an energy broker or energy consultant in a manner prescribed by the
commission; provided that such: (i) energy broker demonstrates financial
accountability as evidenced by a bond or other method of financial
accountability in an amount not less than one hundred thousand dollars;
and (ii) energy consultant demonstrates financial accountability as
evidenced by a bond or other method of financial accountability in an
amount not less than fifty thousand dollars.

b. The commission may refuse to register or revoke a registration if,
in the commission's judgment, the energy broker or energy consultant
registering has given cause for the revocation or suspension of
operations.

c. Each registered energy broker or energy consultant shall annually
pay the commission a five hundred dollar registration fee.

d. Each registered energy broker or energy consultant shall notify the
commission upon changing his, her or its legal name.

4. Disclosure of compensation. a. Energy brokers and energy
consultants shall be required to disclose their form and amount of
compensation to customers via a conspicuous statement on any such
contract or agreement between the energy agent, energy consultant,
energy broker or energy intermediary and its customer.

b. If an energy service company collects broker compensation on behalf
of an energy broker or energy consultant, such broker compensation shall
be added as a provision to the customer disclosure label and shall
reflect the amount and method of broker compensation.

5. Rebates prohibited. a. No energy broker, energy consultant or any
other person acting for or on behalf of the energy broker or energy
consultant shall offer or make, directly or indirectly, any rebate of
any portion of the fee, premium or charge made, or pay or give to any
applicant, or to any person, firm, or corporation acting as agent,
representative, attorney, or employee of the energy rate payer or any
interest therein, either directly or indirectly, any commission, any
part of its fees or charges, or any other consideration or valuable
thing, as an inducement for, or as compensation for, any energy supply
or energy-related business, nor shall any applicant, or any person,
firm, or corporation acting as agent, representative, attorney, or
employee of the energy rate payer or of the prospective energy rate
payer or anyone having any interest in the real property knowingly
receive, directly or indirectly, any such rebate or other consideration
or valuable thing. Any person or entity who violates this subdivision
shall be subject to a penalty equal to the greater of: (i) five thousand
dollars; or (ii) up to ten times the amount of any compensation or
rebate received or paid.

b. For the purposes of this section, "an inducement for, or as
compensation for, any energy supply business" shall mean a benefit given
with the intention to compensate or offer compensation, directly or
indirectly, for any past or present placement for a particular piece of
energy supply or energy-related business to any applicant, or person,
firm, or corporation acting as agent, representative, attorney, or
employee of the energy rate payer, lessee, mortgagee or the prospective
energy ratepayer, or any interest therein. Nothing contained in
subdivision one of this section to the contrary shall prohibit any
energy supplier corporation, energy broker, or energy consultant, or any
other person acting for or on behalf of the energy service company,
energy broker or energy consultant from undertaking any usual and
customary marketing activity aimed at acquainting present and
prospective customers with the advantages of using a particular energy
supplier, energy broker, or energy consultant that are not intended for
the purpose of a reward for the future placement of, or the past
placement of, a particular piece of energy supply business.

* NB There are 2 § 66-t's