Assembly Bill A1558C

Signed By Governor

2009-2010 Legislative Session

Requires energy services companies to provide customers with a consumers bill of rights

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2010	signed chap.416
Aug 03, 2010	delivered to governor
Jun 29, 2010	returned to assembly passed senate 3rd reading cal.1296 substituted for s2361c committed to rules returned to senate repassed assembly
Jun 22, 2010	amended on third reading 1558c
Jun 22, 2010	vote reconsidered - restored to third reading returned to assembly recalled from senate
Feb 02, 2010	referred to consumer protection delivered to senate passed assembly
Jan 06, 2010	ordered to third reading cal.137 returned to assembly died in senate
Jun 02, 2009	recommitted to consumer protection returned to senate repassed assembly
May 26, 2009	amended on third reading 1558b
May 26, 2009	vote reconsidered - restored to third reading returned to assembly recalled from senate
Mar 09, 2009	referred to consumer protection delivered to senate passed assembly
Mar 02, 2009	amended on third reading 1558a
Feb 26, 2009	advanced to third reading cal.136
Feb 25, 2009	reported
Feb 03, 2009	reported referred to ways and means
Jan 27, 2009	reported referred to codes
Jan 07, 2009	referred to consumer affairs and protection

Votes

- Jun 29, 2010 - Floor Vote
  A1558C
  
  Aye
  
  49
  
  Nay
  
  12
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 29, 2010
      
      aye (49)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      nay (12)
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Johnson
      
      Maziarz
      
      Ranzenhofer
      
      Saland
      
      Seward
      
      Skelos
      
      Young
      
      excused (1)
      
      Morahan

Bill Amendments

2009-A1558 - Details

See Senate Version of this Bill:: S2361
Law Section:: General Business Law
Laws Affected:: Add §349-d, Gen Bus L

2009-A1558 - Summary

Requires energy services companies to provide customers with a consumer bill of rights; establishes civil cause of action and civil penalties for violations of such provisions.

2009-A1558 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1558

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. GIANARIS, PHEFFER, ROBINSON, DINOWITZ, GABRYSZAK,
  ROSENTHAL, SCHIMEL, CLARK, SCHROEDER -- Multi-Sponsored by -- M. of A.
  ALFANO,  BOYLAND,  BRENNAN,  CROUCH,  DIAZ, EDDINGTON, ERRIGO, FIELDS,
  GALEF, GIGLIO, GLICK, GOTTFRIED, GREENE, GUNTHER, HYER-SPENCER,  KELL-
  NER,  KOON,  LATIMER,  V. LOPEZ,  MAGEE,  MAISEL, McDONOUGH, McKEVITT,
  MILLMAN, REILLY, J. RIVERA, SALADINO, SWEENEY, WEISENBERG,  WRIGHT  --
  read  once  and  referred  to  the  Committee  on Consumer Affairs and
  Protection

AN ACT to amend the general business law, in relation to establishing an
  energy service company consumers bill of rights

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
349-d to read as follows:
  S 349-D. ENERGY SERVICES COMPANY CONSUMERS BILL OF RIGHTS. 1.  FOR THE
PURPOSE OF THIS SECTION:
  (A) "ENERGY SERVICES" SHALL MEAN ELECTRICITY AND/OR NATURAL GAS;
  (B)  "ENERGY SERVICES COMPANY" OR "ESCO" SHALL MEAN AN ENTITY ELIGIBLE
TO SELL ENERGY SERVICES TO END-USE CUSTOMERS USING THE  TRANSMISSION  OR
DISTRIBUTION SYSTEM OF A UTILITY;
  (C)  "CUSTOMER" SHALL MEAN ANY PERSON WHO IS SOLD OR OFFERED AN ENERGY
SERVICES CONTRACT BY AN ESCO (I) FOR  RESIDENTIAL  UTILITY  SERVICE,  OR
(II) THROUGH DOOR-TO-DOOR SALES; AND
  (D)  "DOOR-TO-DOOR  SALES"  SHALL  MEAN THE SALE OF ENERGY SERVICES IN
WHICH THE ESCO OR THE  ESCO'S  REPRESENTATIVE  PERSONALLY  SOLICITS  THE
SALE,  AND THE BUYER'S AGREEMENT OR OFFER TO PURCHASE IS MADE AT A PLACE
OTHER THAN THE PLACE OF BUSINESS OF THE SELLER; PROVIDED THAT SUCH  TERM
SHALL  NOT  INCLUDE ANY SALE WHICH IS CONDUCTED AND CONSUMMATED ENTIRELY
BY MAIL, TELEPHONE OR OTHER ELECTRONIC MEANS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03848-01-9

A. 1558                             2

  2. NO PERSON WHO SELLS OR OFFERS FOR SALE ANY ENERGY SERVICES  FOR  OR
ON  BEHALF  OF  AN  ESCO  SHALL (A) FAIL TO PROPERLY IDENTIFY HIMSELF OR
HERSELF AND THE ENERGY SERVICES COMPANY OR COMPANIES  WHICH  HE  OR  SHE
REPRESENTS,  AND TO EXPLAIN THAT HE OR SHE DOES NOT REPRESENT A DISTRIB-
UTION  UTILITY;  (B)  ENGAGE  IN  ANY DECEPTIVE ACTS OR PRACTICES IN THE
MARKETING OF ENERGY SERVICES; OR (C) FAIL TO  PROVIDE  EACH  PROSPECTIVE
CUSTOMER WITH A COPY OF THE "ESCO CONSUMERS BILL OF RIGHTS" DEVELOPED BY
THE PUBLIC SERVICE COMMISSION AND THE LONG ISLAND POWER AUTHORITY.
  3.  NO  CONTRACT  FOR  PROVISION  OF  ENERGY SERVICES BY AN ESCO SHALL
PROVIDE FOR ANY CUSTOMER PREPAYMENT FOR ENERGY SERVICES.
  4. NO CONTRACT FOR PROVISION OF  ENERGY  SERVICES  BY  AN  ESCO  SHALL
REQUIRE  THE  CUSTOMER TO PAY ANY FEE FOR TERMINATION OR EARLY CANCELLA-
TION OF A CONTRACT IN EXCESS OF (A) ONE HUNDRED DOLLARS;  OR  (B)  TWICE
THE ESTIMATED BILL FOR ENERGY SERVICES FOR AN AVERAGE MONTH. TO CHARGE A
FEE  GREATER  THAN  ONE  HUNDRED DOLLARS, AN ESCO MUST HAVE PROVIDED THE
CUSTOMER, AT THE TIME THAT THE CONTRACT IS OFFERED, WITH AN ESTIMATE  OF
THE  AVERAGE  MONTHLY  BILL  THAT  CUSTOMER  WOULD BE CHARGED FOR ENERGY
SERVICES.
  5. NO MATERIAL CHANGE SHALL BE MADE IN THE TERMS OR  DURATION  OF  ANY
CONTRACT  FOR  THE  PROVISION  OF ENERGY SERVICES BY AN ESCO WITHOUT THE
EXPRESS CONSENT OF THE CUSTOMER.
  6. IN EVERY CONTRACT FOR ENERGY SERVICES AND  ALL  MATERIALS  USED  TO
MARKET  SUCH  CONTRACTS,  ALL  VARIABLE  CHARGES  SHALL  BE  CLEARLY AND
CONSPICUOUSLY IDENTIFIED.
  7. ANY CONTRACT FOR ENERGY SERVICES WHICH DOES  NOT  COMPLY  WITH  THE
APPLICABLE PROVISIONS OF THIS SECTION SHALL BE VOID AND UNENFORCEABLE AS
CONTRARY  TO  PUBLIC POLICY. ANY WAIVER BY A BUYER OF ENERGY SERVICES OF
THE PROVISIONS OF THIS SECTION SHALL BE DEEMED VOID AND UNENFORCEABLE BY
THE ESCO AS CONTRARY TO PUBLIC POLICY.
  8. THE ATTORNEY GENERAL, UPON HIS OR HER OWN MOTION OR  UPON  REFERRAL
FROM  THE  PUBLIC SERVICE COMMISSION OR THE LONG ISLAND POWER AUTHORITY,
MAY BRING A CIVIL  ACTION  AGAINST  ANY  ENERGY  SERVICES  COMPANY  THAT
VIOLATES  ANY  PROVISION  OF  THIS  SECTION  AND MAY RECOVER (A) A CIVIL
PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS PER VIOLATION; AND (B)  COSTS
AND  REASONABLE  ATTORNEY'S  FEES.  IN ANY SUCH PROCEEDING THE COURT MAY
DIRECT RESTITUTION.
  9. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES OR TWO HUNDRED DOLLARS, WHICHEVER  IS  GREATER,  OR  BOTH
SUCH  ACTIONS.  THE  COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF
DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP  TO
ONE  THOUSAND  DOLLARS,  IF  THE  COURT FINDS THE DEFENDANT WILLFULLY OR
KNOWINGLY VIOLATED THIS SECTION. THE COURT MAY AWARD  REASONABLE  ATTOR-
NEY'S FEES TO A PREVAILING PLAINTIFF.
  S  2.  The  public  service commission shall amend its rules and regu-
lations governing energy service to residential customers at part 11  of
title  16  of  the  New  York state codes, rules and regulations and its
rules and regulations governing energy service to nonresidential custom-
ers at part 13 of title 16 of the New York state codes, rules and  regu-
lations to implement the provisions of section one of this act. The Long
Island  power  authority shall amend its regulations adopted pursuant to
section 1020-f of the public authorities law to implement the provisions
of section one of this act.

A. 1558                             3

  S 3. Nothing in this act shall limit the  existing  authority  of  the
public  service  commission or the Long Island power authority to limit,
suspend or revoke the eligibility of an energy services company to  sell
or  offer  for  sale  any energy services for violations of any statute,
rule, regulation or policy enforceable by such commission or authority.
  S  4. The public service commission and the Long Island power authori-
ty, in conjunction with the consumer protection board and the department
of law, shall develop a short, plain  language  statement  of  an  "ESCO
consumers bill of rights" which shall summarize the protections afforded
to consumers of energy services pursuant to section 349-d of the general
business law and other applicable laws.
  S  5.  If any clause, sentence, paragraph, section or part of this act
be adjudged by any court of competent jurisdiction to be  invalid,  such
judgment shall not affect, impair or invalidate the remainder hereof but
shall  be  applied  in its operation to the clause, sentence, paragraph,
section or part hereof directly involved in  the  controversy  in  which
such judgment shall have been rendered.
  S  6. This act shall take effect on the one hundred fiftieth day after
it shall have become a law and shall apply to all energy  services  sold
or  offered  for sale on or after such date; provided, however, that the
public service commission and the Long Island power authority are  imme-
diately  authorized  and directed to take any and all actions, including
but not limited to the promulgation of any  necessary  rules  and  regu-
lations, necessary to implement the provisions of this act on its effec-
tive date.

2009-A1558A - Details

See Senate Version of this Bill:: S2361
Law Section:: General Business Law
Laws Affected:: Add §349-d, Gen Bus L

2009-A1558A - Summary

Requires energy services companies to provide customers with a consumer bill of rights; establishes civil cause of action and civil penalties for violations of such provisions.

2009-A1558A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1558--A
                                                        Cal. No. 136

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. GIANARIS, PHEFFER, ROBINSON, DINOWITZ, GABRYSZAK,
  ROSENTHAL,  SCHIMEL, CLARK, SCHROEDER, COLTON -- Multi-Sponsored by --
  M. of A.  ALFANO, BOYLAND, BRENNAN, CROUCH, DIAZ,  EDDINGTON,  ERRIGO,
  FIELDS,  GALEF, GIGLIO, GLICK, GOTTFRIED, GREENE, GUNTHER, HYER-SPENC-
  ER, KELLNER, KOON, LATIMER, V. LOPEZ, MAGEE, MAISEL, McDONOUGH, McKEV-
  ITT, MILLMAN, REILLY, J. RIVERA, SALADINO, SWEENEY, WEISENBERG, WRIGHT
  -- read once and referred to the Committee  on  Consumer  Affairs  and
  Protection  --  reported  from committee, advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third reading

AN ACT to amend the general business law, in relation to establishing an
  energy service company consumers bill of rights

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
349-d to read as follows:
  S 349-D. ENERGY SERVICES COMPANY CONSUMERS BILL OF RIGHTS. 1.  FOR THE
PURPOSE OF THIS SECTION:
  (A) "ENERGY SERVICES" SHALL MEAN ELECTRICITY AND/OR NATURAL GAS;
  (B) "ENERGY SERVICES COMPANY" OR "ESCO" SHALL MEAN AN ENTITY  ELIGIBLE
TO  SELL  ENERGY SERVICES TO END-USE CUSTOMERS USING THE TRANSMISSION OR
DISTRIBUTION SYSTEM OF A UTILITY;
  (C) "CUSTOMER" SHALL MEAN ANY PERSON WHO IS SOLD OR OFFERED AN  ENERGY
SERVICES  CONTRACT  BY  AN  ESCO (I) FOR RESIDENTIAL UTILITY SERVICE, OR
(II) THROUGH DOOR-TO-DOOR SALES; AND
  (D) "DOOR-TO-DOOR SALES" SHALL MEAN THE SALE  OF  ENERGY  SERVICES  IN
WHICH  THE  ESCO  OR  THE  ESCO'S REPRESENTATIVE PERSONALLY SOLICITS THE
SALE, AND THE BUYER'S AGREEMENT OR OFFER TO PURCHASE IS MADE AT A  PLACE
OTHER  THAN THE PLACE OF BUSINESS OF THE SELLER; PROVIDED THAT SUCH TERM
SHALL NOT INCLUDE ANY SALE WHICH IS CONDUCTED AND  CONSUMMATED  ENTIRELY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03848-04-9

A. 1558--A                          2

BY  MAIL,  TELEPHONE  OR  OTHER  ELECTRONIC MEANS, OR DURING A SCHEDULED
APPOINTMENT AT  THE  PREMISES  OF  A  BUYER  OF  NONRESIDENTIAL  UTILITY
SERVICE.
  2.  NO  PERSON  WHO  SELLS OR OFFERS FOR SALE ANY ENERGY SERVICES TO A
CUSTOMER FOR OR ON BEHALF OF AN ESCO SHALL (A) FAIL TO PROPERLY IDENTIFY
HIMSELF OR HERSELF AND THE ENERGY SERVICES COMPANY OR COMPANIES WHICH HE
OR SHE REPRESENTS, AND TO EXPLAIN THAT HE OR SHE DOES  NOT  REPRESENT  A
DISTRIBUTION  UTILITY;  OR (B) FAIL TO PROVIDE EACH PROSPECTIVE CUSTOMER
WITH A COPY OF THE "ESCO CONSUMERS BILL  OF  RIGHTS"  DEVELOPED  BY  THE
PUBLIC SERVICE COMMISSION AND THE LONG ISLAND POWER AUTHORITY.
  3.  NO  PERSON WHO SELLS OR OFFERS FOR SALE ANY ENERGY SERVICES FOR OR
ON BEHALF OF AN ESCO SHALL ENGAGE IN ANY DECEPTIVE ACTS OR PRACTICES  IN
THE MARKETING OF ENERGY SERVICES.
  4.  NO  CONTRACT  FOR  PROVISION  OF  ENERGY SERVICES BY AN ESCO SHALL
PROVIDE FOR ANY CUSTOMER PREPAYMENT FOR ENERGY SERVICES.
  5. NO CONTRACT FOR PROVISION OF  ENERGY  SERVICES  BY  AN  ESCO  SHALL
REQUIRE  THE  CUSTOMER TO PAY ANY FEE FOR TERMINATION OR EARLY CANCELLA-
TION OF A CONTRACT IN EXCESS OF (A) ONE HUNDRED DOLLARS;  OR  (B)  TWICE
THE ESTIMATED BILL FOR ENERGY SERVICES FOR AN AVERAGE MONTH. TO CHARGE A
FEE  GREATER  THAN  ONE  HUNDRED DOLLARS, AN ESCO MUST HAVE PROVIDED THE
CUSTOMER, AT THE TIME THAT THE CONTRACT IS OFFERED, WITH AN ESTIMATE  OF
THE  AVERAGE  MONTHLY  BILL  THAT  CUSTOMER  WOULD BE CHARGED FOR ENERGY
SERVICES.
  6. NO MATERIAL CHANGE SHALL BE MADE IN THE TERMS OR  DURATION  OF  ANY
CONTRACT  FOR  THE  PROVISION  OF ENERGY SERVICES BY AN ESCO WITHOUT THE
EXPRESS CONSENT OF THE CUSTOMER. THIS SHALL NOT RESTRICT  AN  ESCO  FROM
RENEWING  A  CONTRACT  BY  CLEARLY INFORMING THE CUSTOMER OF THE RENEWAL
TERMS AND OF HIS  OR  HER  OPTION  NOT  TO  ACCEPT  THE  RENEWAL  OFFER;
PROVIDED,  HOWEVER,  THAT  NO  FEE  PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION SHALL BE CHARGED TO A CUSTOMER WHO DID NOT EXPRESSLY CONSENT  TO
A  RENEWAL AND WHO OBJECTS TO SUCH RENEWAL NOT LATER THAN THREE BUSINESS
DAYS AFTER RECEIVING THE FIRST BILLING STATEMENT FROM  THE  ESCO  SUBSE-
QUENT  TO THE DATE OF THE RENEWAL. THE PUBLIC SERVICE COMMISSION AND THE
LONG ISLAND POWER AUTHORITY MAY ADOPT ADDITIONAL  REGULATIONS  GOVERNING
THE RENEWAL PROCESS.
  7.  IN  EVERY  CONTRACT  FOR ENERGY SERVICES AND ALL MATERIALS USED TO
MARKET SUCH  CONTRACTS,  ALL  VARIABLE  CHARGES  SHALL  BE  CLEARLY  AND
CONSPICUOUSLY IDENTIFIED.
  8.  ANY  CONTRACT  FOR  ENERGY SERVICES WHICH DOES NOT COMPLY WITH THE
APPLICABLE PROVISIONS OF THIS SECTION SHALL BE VOID AND UNENFORCEABLE AS
CONTRARY TO PUBLIC POLICY. ANY WAIVER BY A BUYER OF ENERGY  SERVICES  OF
THE PROVISIONS OF THIS SECTION SHALL BE DEEMED VOID AND UNENFORCEABLE BY
THE ESCO AS CONTRARY TO PUBLIC POLICY.
  9.  THE  ATTORNEY GENERAL, UPON HIS OR HER OWN MOTION OR UPON REFERRAL
FROM THE PUBLIC SERVICE COMMISSION OR THE LONG ISLAND  POWER  AUTHORITY,
MAY  BRING  A  CIVIL  ACTION  AGAINST  ANY  ENERGY SERVICES COMPANY THAT
VIOLATES ANY PROVISION OF THIS SECTION  AND  MAY  RECOVER  (A)  A  CIVIL
PENALTY  NOT TO EXCEED ONE THOUSAND DOLLARS PER VIOLATION; AND (B) COSTS
AND REASONABLE ATTORNEY'S FEES. IN ANY SUCH  PROCEEDING  THE  COURT  MAY
DIRECT RESTITUTION.
  10. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES OR TWO HUNDRED DOLLARS, WHICHEVER  IS  GREATER,  OR  BOTH
SUCH  ACTIONS.  THE  COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF

A. 1558--A                          3

DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP  TO
ONE  THOUSAND  DOLLARS,  IF  THE  COURT FINDS THE DEFENDANT WILLFULLY OR
KNOWINGLY VIOLATED THIS SECTION. THE COURT MAY AWARD  REASONABLE  ATTOR-
NEY'S FEES TO A PREVAILING PLAINTIFF.
  S  2.  The  public  service commission shall amend its rules and regu-
lations governing energy service to residential customers at part 11  of
title  16  of  the  New  York state codes, rules and regulations and its
rules and regulations governing energy service to nonresidential custom-
ers at part 13 of title 16 of the New York state codes, rules and  regu-
lations to implement the provisions of section one of this act. The Long
Island  power  authority shall amend its regulations adopted pursuant to
section 1020-f of the public authorities law to implement the provisions
of section one of this act.
  S 3. Nothing in this act shall limit the  existing  authority  of  the
public  service  commission or the Long Island power authority to limit,
suspend or revoke the eligibility of an energy services company to  sell
or  offer  for  sale  any energy services for violations of any statute,
rule, regulation or policy enforceable by such commission or authority.
  S 4. The public service commission and the Long Island power  authori-
ty, in conjunction with the consumer protection board and the department
of  law,  shall  develop  a  short, plain language statement of an "ESCO
consumers bill of rights" which shall summarize the protections afforded
to consumers of energy services pursuant to section 349-d of the general
business law and other applicable laws.
  S 5. If any clause, sentence, paragraph, section or part of  this  act
be  adjudged  by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder hereof but
shall be applied in its operation to the  clause,  sentence,  paragraph,
section  or  part  hereof  directly involved in the controversy in which
such judgment shall have been rendered.
  S 6. This act shall take effect on the one hundred fiftieth day  after
it  shall  have become a law and shall apply to all energy services sold
or offered for sale on or after such date; provided, however,  that  the
public  service commission and the Long Island power authority are imme-
diately authorized and directed to take any and all  actions,  including
but  not  limited  to  the promulgation of any necessary rules and regu-
lations, necessary to implement the provisions of this act on its effec-
tive date.

co-Sponsors

View additional co-sponsors

multi-Sponsors

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2009-A1558B - Details

See Senate Version of this Bill:: S2361
Law Section:: General Business Law
Laws Affected:: Add §349-d, Gen Bus L

2009-A1558B - Summary

Requires energy services companies to provide customers with a consumer bill of rights; establishes civil cause of action and civil penalties for violations of such provisions.

2009-A1558B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1558--B
                                                        Cal. No. 136

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. GIANARIS, PHEFFER, ROBINSON, DINOWITZ, GABRYSZAK,
  ROSENTHAL,  SCHIMEL, CLARK, SCHROEDER, COLTON -- Multi-Sponsored by --
  M. of A.   ALFANO, BOYLAND, BRENNAN, CROUCH,  ERRIGO,  FIELDS,  GALEF,
  GIGLIO, GLICK, GOTTFRIED, GUNTHER, HYER-SPENCER, KELLNER, KOON, LATIM-
  ER,  V. LOPEZ,  MAGEE,  MAISEL,  McDONOUGH, McKEVITT, MILLMAN, REILLY,
  J. RIVERA, SALADINO, SWEENEY, WEISENBERG,  WRIGHT  --  read  once  and
  referred  to  the  Committee  on  Consumer  Affairs  and Protection --
  reported from committee, advanced to  a  third  reading,  amended  and
  ordered  reprinted,  retaining its place on the order of third reading
  -- passed by Assembly and delivered to the Senate, recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the general business law, in relation to establishing an
  energy service company consumers bill of rights

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
349-d to read as follows:
  S 349-D. ENERGY SERVICES COMPANY CONSUMERS BILL OF RIGHTS. 1.  FOR THE
PURPOSE OF THIS SECTION:
  (A) "ENERGY SERVICES" SHALL MEAN ELECTRICITY AND/OR NATURAL GAS;
  (B)  "ENERGY SERVICES COMPANY" OR "ESCO" SHALL MEAN AN ENTITY ELIGIBLE
TO SELL ENERGY SERVICES TO END-USE CUSTOMERS USING THE  TRANSMISSION  OR
DISTRIBUTION SYSTEM OF A UTILITY;
  (C)  "CUSTOMER" SHALL MEAN ANY PERSON WHO IS SOLD OR OFFERED AN ENERGY
SERVICES CONTRACT BY AN ESCO (I) FOR  RESIDENTIAL  UTILITY  SERVICE,  OR
(II) THROUGH DOOR-TO-DOOR SALES; AND
  (D)  "DOOR-TO-DOOR  SALES"  SHALL  MEAN THE SALE OF ENERGY SERVICES IN
WHICH THE ESCO OR THE  ESCO'S  REPRESENTATIVE  PERSONALLY  SOLICITS  THE
SALE,  AND THE BUYER'S AGREEMENT OR OFFER TO PURCHASE IS MADE AT A PLACE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
A                                                          LBD03848-06-9

A. 1558--B                          2

OTHER THAN THE PLACE OF BUSINESS OF THE SELLER; PROVIDED THAT SUCH  TERM
SHALL  NOT  INCLUDE ANY SALE WHICH IS CONDUCTED AND CONSUMMATED ENTIRELY
BY MAIL, TELEPHONE OR OTHER ELECTRONIC  MEANS,  OR  DURING  A  SCHEDULED
APPOINTMENT  AT  THE  PREMISES  OF  A  BUYER  OF  NONRESIDENTIAL UTILITY
SERVICE, OR THROUGH SOLICITATIONS OF COMMERCIAL  ACCOUNTS  AT  TRADE  OR
BUSINESS SHOWS, CONVENTIONS OR EXPOSITIONS.
  2.  ANY  PERSON  WHO SELLS OR OFFERS FOR SALE ANY ENERGY SERVICES TO A
CUSTOMER FOR OR ON BEHALF OF AN ESCO SHALL (A) PROPERLY IDENTIFY HIMSELF
OR HERSELF AND THE ENERGY SERVICES COMPANY OR COMPANIES WHICH HE OR  SHE
REPRESENTS; (B) EXPLAIN THAT HE OR SHE DOES NOT REPRESENT A DISTRIBUTION
UTILITY;  (C)  EXPLAIN THE PURPOSE OF THE SOLICITATION; (D) PROVIDE EACH
PROSPECTIVE CUSTOMER WITH A COPY OF THE "ESCO CONSUMERS BILL OF  RIGHTS"
DEVELOPED  BY  THE  PUBLIC  SERVICE  COMMISSION,  THE  LONG ISLAND POWER
AUTHORITY, THE STATE CONSUMER PROTECTION BOARD  AND  THE  DEPARTMENT  OF
LAW;  AND (E) PROVIDE ANY WRITTEN MATERIALS, INCLUDING CONTRACTS AND THE
"ESCO CONSUMERS BILL OF RIGHTS", IN THE SAME LANGUAGE UTILIZED TO SOLIC-
IT THE PROSPECTIVE CUSTOMER.
  3. NO PERSON WHO SELLS OR OFFERS FOR SALE ANY ENERGY SERVICES FOR,  OR
ON BEHALF OF, AN ESCO SHALL ENGAGE IN ANY DECEPTIVE ACTS OR PRACTICES IN
THE MARKETING OF ENERGY SERVICES.
  4.  NO  CONTRACT  FOR  PROVISION  OF  ENERGY SERVICES BY AN ESCO SHALL
PROVIDE FOR ANY CUSTOMER PREPAYMENT FOR ENERGY SERVICES.
  5. NO CONTRACT FOR PROVISION OF  ENERGY  SERVICES  BY  AN  ESCO  SHALL
REQUIRE  THE  CUSTOMER TO PAY ANY FEE FOR TERMINATION OR EARLY CANCELLA-
TION OF A CONTRACT IN EXCESS OF (A) ONE HUNDRED DOLLARS;  OR  (B)  TWICE
THE ESTIMATED BILL FOR ENERGY SERVICES FOR AN AVERAGE MONTH. TO CHARGE A
FEE  GREATER  THAN  ONE  HUNDRED DOLLARS, AN ESCO MUST HAVE PROVIDED THE
CUSTOMER, AT THE TIME THAT THE CONTRACT IS OFFERED, WITH AN ESTIMATE  OF
THE  AVERAGE  MONTHLY  BILL  THAT  CUSTOMER  WOULD BE CHARGED FOR ENERGY
SERVICES.
  6. NO MATERIAL CHANGE SHALL BE MADE IN THE TERMS OR  DURATION  OF  ANY
CONTRACT  FOR  THE  PROVISION  OF ENERGY SERVICES BY AN ESCO WITHOUT THE
EXPRESS CONSENT OF THE CUSTOMER. THIS SHALL NOT RESTRICT  AN  ESCO  FROM
RENEWING  A  CONTRACT  BY CLEARLY INFORMING THE CUSTOMER IN WRITING, NOT
LESS THAN THIRTY DAYS NOR MORE THAN SIXTY  DAYS  PRIOR  TO  THE  RENEWAL
DATE,  OF  THE  RENEWAL TERMS AND OF HIS OR HER OPTION NOT TO ACCEPT THE
RENEWAL OFFER; PROVIDED, HOWEVER, THAT NO FEE  PURSUANT  TO  SUBDIVISION
FIVE  OF THIS SECTION SHALL BE CHARGED TO A CUSTOMER WHO OBJECTS TO SUCH
RENEWAL NOT LATER THAN THREE BUSINESS DAYS  AFTER  RECEIVING  THE  FIRST
BILLING  STATEMENT  FROM  THE  ESCO  UNDER  THE TERMS OF THE CONTRACT AS
RENEWED.   THE PUBLIC SERVICE  COMMISSION  AND  THE  LONG  ISLAND  POWER
AUTHORITY  MAY  ADOPT ADDITIONAL REGULATIONS GOVERNING THE RENEWAL PROC-
ESS.
  7. IN EVERY CONTRACT FOR ENERGY SERVICES AND IN ALL MARKETING  MATERI-
ALS  PROVIDED  TO PROSPECTIVE PURCHASERS OF SUCH CONTRACTS, ALL VARIABLE
CHARGES SHALL BE CLEARLY AND CONSPICUOUSLY IDENTIFIED.
  8. ANY CONTRACT FOR ENERGY SERVICES WHICH DOES  NOT  COMPLY  WITH  THE
APPLICABLE PROVISIONS OF THIS SECTION SHALL BE VOID AND UNENFORCEABLE AS
CONTRARY  TO  PUBLIC POLICY. ANY WAIVER BY A BUYER OF ENERGY SERVICES OF
THE PROVISIONS OF THIS SECTION SHALL BE DEEMED VOID AND UNENFORCEABLE BY
THE ESCO AS CONTRARY TO PUBLIC POLICY.
  9. THE ATTORNEY GENERAL, UPON HIS OR HER OWN MOTION OR  UPON  REFERRAL
FROM  THE  PUBLIC SERVICE COMMISSION, THE LONG ISLAND POWER AUTHORITY OR
THE STATE CONSUMER PROTECTION BOARD, MAY BRING A  CIVIL  ACTION  AGAINST
ANY  ENERGY SERVICES COMPANY THAT VIOLATES ANY PROVISION OF THIS SECTION
AND MAY RECOVER (A) A CIVIL PENALTY NOT TO EXCEED ONE  THOUSAND  DOLLARS

A. 1558--B                          3

PER VIOLATION; AND (B) COSTS AND REASONABLE ATTORNEY'S FEES. IN ANY SUCH
PROCEEDING THE COURT MAY DIRECT RESTITUTION.
  10. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES OR FIVE HUNDRED DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
SUCH  ACTIONS.  THE  COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF
DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP  TO
TEN  THOUSAND  DOLLARS,  IF  THE  COURT FINDS THE DEFENDANT WILLFULLY OR
KNOWINGLY VIOLATED THIS SECTION. THE COURT MAY AWARD  REASONABLE  ATTOR-
NEY'S FEES TO A PREVAILING PLAINTIFF.
  S  2.  The  public  service commission shall amend its rules and regu-
lations governing energy service to residential customers at part 11  of
title  16  of  the  New  York state codes, rules and regulations and its
rules and regulations governing energy service to nonresidential custom-
ers at part 13 of title 16 of the New York state codes, rules and  regu-
lations to implement the provisions of section one of this act. The Long
Island  power  authority shall amend its regulations adopted pursuant to
section 1020-f of the public authorities law to implement the provisions
of section one of this act.
  S 3. Nothing in this act shall limit the  existing  authority  of  the
public  service  commission or the Long Island power authority to limit,
suspend or revoke the eligibility of an energy services company to  sell
or  offer  for  sale  any energy services for violations of any statute,
rule, regulation or policy enforceable by such commission or authority.
  S 4. The public service commission, the Long Island  power  authority,
the  state  consumer  protection  board  and the department of law shall
develop a short, plain language statement of an "ESCO consumers bill  of
rights"  which  shall summarize the protections afforded to consumers of
energy services pursuant to section 349-d of the  general  business  law
and other applicable laws.
  S  5.  If any clause, sentence, paragraph, section or part of this act
be adjudged by any court of competent jurisdiction to be  invalid,  such
judgment shall not affect, impair or invalidate the remainder hereof but
shall  be  applied  in its operation to the clause, sentence, paragraph,
section or part hereof directly involved in  the  controversy  in  which
such judgment shall have been rendered.
  S  6. This act shall take effect on the one hundred fiftieth day after
it shall have become a law and shall apply to all energy  services  sold
or  offered  for sale on or after such date; provided, however, that the
public service commission and the Long Island power authority are  imme-
diately  authorized  and directed to take any and all actions, including
but not limited to the promulgation of any  necessary  rules  and  regu-
lations, necessary to implement the provisions of this act on its effec-
tive date.

co-Sponsors

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multi-Sponsors

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2009-A1558C (ACTIVE) - Details

See Senate Version of this Bill:: S2361
Law Section:: General Business Law
Laws Affected:: Add §349-d, Gen Bus L

2009-A1558C (ACTIVE) - Summary

Requires energy services companies to provide customers with a consumer bill of rights; establishes civil cause of action and civil penalties for violations of such provisions.

2009-A1558C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1558--C
                                                        Cal. No. 137

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. GIANARIS, PHEFFER, ROBINSON, DINOWITZ, GABRYSZAK,
  ROSENTHAL,  SCHIMEL, CLARK, SCHROEDER, COLTON -- Multi-Sponsored by --
  M. of A.   ALFANO, BOYLAND, BRENNAN, CROUCH,  ERRIGO,  FIELDS,  GALEF,
  GIGLIO, GLICK, GOTTFRIED, GUNTHER, HYER-SPENCER, KELLNER, KOON, LATIM-
  ER,  V. LOPEZ,  MAGEE,  MAISEL,  McDONOUGH, McKEVITT, MILLMAN, REILLY,
  J. RIVERA, SALADINO, SWEENEY, WEISENBERG,  WRIGHT  --  read  once  and
  referred  to  the  Committee  on  Consumer  Affairs  and Protection --
  reported from committee, advanced to  a  third  reading,  amended  and
  ordered  reprinted,  retaining its place on the order of third reading
  -- passed by Assembly and delivered to the Senate, recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the order of third reading  --  passed  by  Assembly  and
  delivered  to the Senate, recalled from the Senate, vote reconsidered,
  bill amended, ordered reprinted, retaining its place  on  the  special
  order of third reading

AN ACT to amend the general business law, in relation to establishing an
  energy service company consumers bill of rights

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
349-d to read as follows:
  S 349-D. ENERGY SERVICES COMPANY CONSUMERS BILL OF RIGHTS. 1.  FOR THE
PURPOSE OF THIS SECTION:
  (A) "ENERGY SERVICES" SHALL MEAN ELECTRICITY AND/OR NATURAL GAS;
  (B) "ENERGY SERVICES COMPANY" OR "ESCO" SHALL MEAN AN ENTITY  ELIGIBLE
TO  SELL  ENERGY SERVICES TO END-USE CUSTOMERS USING THE TRANSMISSION OR
DISTRIBUTION SYSTEM OF A UTILITY;
  (C) "CUSTOMER" SHALL MEAN ANY PERSON WHO IS SOLD OR OFFERED AN  ENERGY
SERVICES  CONTRACT  BY  AN  ESCO (I) FOR RESIDENTIAL UTILITY SERVICE, OR
(II) THROUGH DOOR-TO-DOOR SALES; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03848-12-0

A. 1558--C                          2

  (D) "DOOR-TO-DOOR SALES" SHALL MEAN THE SALE  OF  ENERGY  SERVICES  IN
WHICH  THE  ESCO  OR  THE  ESCO'S REPRESENTATIVE PERSONALLY SOLICITS THE
SALE, AND THE BUYER'S AGREEMENT OR OFFER TO PURCHASE IS MADE AT A  PLACE
OTHER  THAN THE PLACE OF BUSINESS OF THE SELLER; PROVIDED THAT SUCH TERM
SHALL  NOT  INCLUDE ANY SALE WHICH IS CONDUCTED AND CONSUMMATED ENTIRELY
BY MAIL, TELEPHONE OR OTHER ELECTRONIC  MEANS,  OR  DURING  A  SCHEDULED
APPOINTMENT  AT  THE  PREMISES  OF  A  BUYER  OF  NONRESIDENTIAL UTILITY
SERVICE, OR THROUGH SOLICITATIONS OF COMMERCIAL  ACCOUNTS  AT  TRADE  OR
BUSINESS SHOWS, CONVENTIONS OR EXPOSITIONS.
  2.  ANY  PERSON  WHO SELLS OR OFFERS FOR SALE ANY ENERGY SERVICES TO A
CUSTOMER FOR OR ON BEHALF OF AN ESCO SHALL (A) PROPERLY IDENTIFY HIMSELF
OR HERSELF AND THE ENERGY SERVICES COMPANY OR COMPANIES WHICH HE OR  SHE
REPRESENTS; (B) EXPLAIN THAT HE OR SHE DOES NOT REPRESENT A DISTRIBUTION
UTILITY;  (C)  EXPLAIN THE PURPOSE OF THE SOLICITATION; (D) PROVIDE EACH
PROSPECTIVE CUSTOMER WITH A COPY OF THE "ESCO CONSUMERS BILL OF  RIGHTS"
DEVELOPED  BY  THE  PUBLIC  SERVICE COMMISSION, IN CONSULTATION WITH THE
LONG ISLAND POWER AUTHORITY, THE STATE CONSUMER PROTECTION BOARD AND THE
DEPARTMENT OF LAW; AND (E)  PROVIDE  ANY  WRITTEN  MATERIALS,  INCLUDING
CONTRACTS  AND THE "ESCO CONSUMERS BILL OF RIGHTS", IN THE SAME LANGUAGE
UTILIZED TO SOLICIT THE PROSPECTIVE CUSTOMER.
  3. NO PERSON WHO SELLS OR OFFERS FOR SALE ANY ENERGY SERVICES FOR,  OR
ON BEHALF OF, AN ESCO SHALL ENGAGE IN ANY DECEPTIVE ACTS OR PRACTICES IN
THE MARKETING OF ENERGY SERVICES.
  4.  NO  CONTRACT  FOR  PROVISION  OF  ENERGY SERVICES BY AN ESCO SHALL
REQUIRE ANY CUSTOMER PREPAYMENT FOR ENERGY SERVICES.   HOWEVER, AN  ESCO
MAY  OFFER  A  CUSTOMER AN OPTION OF PREPAYMENT.  ANY CONTRACT PROVIDING
FOR PREPAYMENT MAY BE CANCELLED BY THE CUSTOMER, WITHOUT ANY PENALTY  OR
OBLIGATION,  WITHIN  NINETY  CALENDAR  DAYS.  ANY  UNUSED PORTION OF THE
PREPAYMENT SHALL BE RETURNED TO THE CUSTOMER BY THE ESCO  WITHIN  THIRTY
BUSINESS DAYS FOLLOWING RECEIPT OF NOTICE OF CANCELLATION.
  5.  NO  CONTRACT  FOR  PROVISION  OF  ENERGY SERVICES BY AN ESCO SHALL
REQUIRE THE CUSTOMER TO PAY ANY FEE FOR TERMINATION OR  EARLY  CANCELLA-
TION  OF  A CONTRACT IN EXCESS OF EITHER (A) ONE HUNDRED DOLLARS FOR ANY
CONTRACT WITH A REMAINING TERM OF  LESS  THAN  TWELVE  MONTHS;  (B)  TWO
HUNDRED  DOLLARS FOR ANY CONTRACT WITH A REMAINING TERM OF TWELVE MONTHS
OR MORE; OR (C) TWICE THE ESTIMATED BILL  FOR  ENERGY  SERVICES  FOR  AN
AVERAGE  MONTH.  TO  CHARGE A FEE BASED ON THE ESTIMATED BILL FOR ENERGY
SERVICES FOR AN AVERAGE MONTH, AN ESCO MUST HAVE PROVIDED THE  CUSTOMER,
AT  THE TIME THAT THE CONTRACT IS OFFERED, WITH AN ESTIMATE OF THE AVER-
AGE MONTHLY BILL THAT CUSTOMER WOULD BE CHARGED FOR ENERGY SERVICES  AND
THE FEE THAT WOULD BE CHARGED BASED ON SUCH ESTIMATE.
  6.  NO  MATERIAL  CHANGE SHALL BE MADE IN THE TERMS OR DURATION OF ANY
CONTRACT FOR THE PROVISION OF ENERGY SERVICES BY  AN  ESCO  WITHOUT  THE
EXPRESS  CONSENT  OF  THE CUSTOMER. THIS SHALL NOT RESTRICT AN ESCO FROM
RENEWING A CONTRACT BY CLEARLY INFORMING THE CUSTOMER  IN  WRITING,  NOT
LESS  THAN  THIRTY  DAYS  NOR  MORE THAN SIXTY DAYS PRIOR TO THE RENEWAL
DATE, OF THE RENEWAL TERMS AND OF HIS OR HER OPTION NOT  TO  ACCEPT  THE
RENEWAL  OFFER;  PROVIDED,  HOWEVER, THAT NO FEE PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION SHALL BE CHARGED TO A CUSTOMER WHO OBJECTS TO  SUCH
RENEWAL  NOT  LATER  THAN  THREE BUSINESS DAYS AFTER RECEIVING THE FIRST
BILLING STATEMENT FROM THE ESCO UNDER  THE  TERMS  OF  THE  CONTRACT  AS
RENEWED.    THE  PUBLIC  SERVICE  COMMISSION  AND  THE LONG ISLAND POWER
AUTHORITY MAY ADOPT ADDITIONAL GUIDELINES,  PRACTICES,  RULES  OR  REGU-
LATIONS GOVERNING THE RENEWAL PROCESS.

A. 1558--C                          3

  7.  IN EVERY CONTRACT FOR ENERGY SERVICES AND IN ALL MARKETING MATERI-
ALS PROVIDED TO PROSPECTIVE PURCHASERS OF SUCH CONTRACTS,  ALL  VARIABLE
CHARGES SHALL BE CLEARLY AND CONSPICUOUSLY IDENTIFIED.
  8.  ANY  CONTRACT  FOR  ENERGY SERVICES WHICH DOES NOT COMPLY WITH THE
APPLICABLE PROVISIONS OF THIS SECTION SHALL BE VOID AND UNENFORCEABLE AS
CONTRARY TO PUBLIC POLICY. ANY WAIVER BY A BUYER OF ENERGY  SERVICES  OF
THE PROVISIONS OF THIS SECTION SHALL BE DEEMED VOID AND UNENFORCEABLE BY
THE ESCO AS CONTRARY TO PUBLIC POLICY.
  9.  THE  ATTORNEY GENERAL, UPON HIS OR HER OWN MOTION OR UPON REFERRAL
FROM THE PUBLIC SERVICE COMMISSION, THE LONG ISLAND POWER  AUTHORITY  OR
THE  STATE  CONSUMER  PROTECTION BOARD, MAY BRING A CIVIL ACTION AGAINST
ANY ENERGY SERVICES COMPANY THAT VIOLATES ANY PROVISION OF THIS  SECTION
AND  MAY  RECOVER (A) A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS
PER VIOLATION; AND (B) COSTS AND REASONABLE ATTORNEY'S FEES. IN ANY SUCH
PROCEEDING THE COURT MAY DIRECT RESTITUTION.
  10. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY  REASON  OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL  DAMAGES  OR  FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER, OR BOTH
SUCH ACTIONS. THE COURT MAY, IN ITS DISCRETION, INCREASE  THE  AWARD  OF
DAMAGES  TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO
TEN THOUSAND DOLLARS, IF THE COURT  FINDS  THE  DEFENDANT  WILLFULLY  OR
KNOWINGLY  VIOLATED  THIS SECTION. THE COURT MAY AWARD REASONABLE ATTOR-
NEY'S FEES TO A PREVAILING PLAINTIFF.
  11. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT ANY AUTHORITY  OF
THE  PUBLIC SERVICE COMMISSION OR THE LONG ISLAND POWER AUTHORITY, WHICH
EXISTED BEFORE THE EFFECTIVE DATE OF THIS SECTION, TO LIMIT, SUSPEND  OR
REVOKE  THE  ELIGIBILITY  OF AN ENERGY SERVICES COMPANY TO SELL OR OFFER
FOR SALE ANY ENERGY SERVICES FOR VIOLATION  OF  ANY  PROVISION  OF  LAW,
RULE, REGULATION OR POLICY ENFORCEABLE BY SUCH COMMISSION OR AUTHORITY.
  12.  NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT ANY AUTHORITY OF
THE PUBLIC SERVICE COMMISSION OR THE LONG ISLAND POWER AUTHORITY,  WHICH
EXISTED  BEFORE  THE EFFECTIVE DATE OF THIS SECTION, TO ADOPT ADDITIONAL
GUIDELINES, PRACTICES, POLICIES, RULES OR REGULATIONS  RELATING  TO  THE
MARKETING  PRACTICES  OF  ENERGY  SERVICES  COMPANIES TO RESIDENTIAL AND
COMMERCIAL CUSTOMERS, WHETHER IN PERSON (INCLUDING DOOR TO DOOR), OR  BY
MAIL,  TELEPHONE  OR  OTHER  ELECTRONIC MEANS, THAT ARE NOT INCONSISTENT
WITH THE PROVISIONS OF THIS SECTION.
  S 2. The public service commission shall amend its  guidelines,  prac-
tices,  policies, rules or regulations governing energy service to resi-
dential customers as may be necessary to  implement  the  provisions  of
section one of this act.
  S  3.    The  Long  Island power authority shall amend its regulations
adopted pursuant to section 1020-f of the public authorities law and its
guidelines, practices and policies as may be necessary to implement  the
provisions of section one of this act.
  S  4.  The  public  service  commission, in consultation with the Long
Island power authority, the state  consumer  protection  board  and  the
department of law, shall develop a short, plain language statement of an
"ESCO  consumers  bill  of rights" which shall summarize the protections
afforded to consumers of energy services pursuant to  section  349-d  of
the general business law and other applicable laws.
  S  5.  If any clause, sentence, paragraph, section or part of this act
be adjudged by any court of competent jurisdiction to be  invalid,  such
judgment shall not affect, impair or invalidate the remainder hereof but

A. 1558--C                          4

shall  be  applied  in its operation to the clause, sentence, paragraph,
section or part hereof directly involved in  the  controversy  in  which
such judgment shall have been rendered.
  S  6. This act shall take effect on the one hundred fiftieth day after
it shall have become a law and shall apply to all energy  services  sold
or  offered  for sale on or after such date; provided, however, that the
public service commission and the Long Island power authority are  imme-
diately  authorized  and directed to take any and all actions, including
but not limited to the promulgation of any necessary  guidelines,  prac-
tices,  policies,  rules  and  regulations,  necessary  to implement the
provisions of this act on its effective date.

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Assembly Bill A1558C

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Jun 29, 2010 - Floor Vote

Floor Vote: Jun 29, 2010

Bill Amendments

2009-A1558 - Details

2009-A1558 - Summary

2009-A1558 - Bill Text download pdf

2009-A1558A - Details

2009-A1558A - Summary

2009-A1558A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A1558B - Details

2009-A1558B - Summary

2009-A1558B - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A1558C (ACTIVE) - Details

2009-A1558C (ACTIVE) - Summary

2009-A1558C (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A1558C

Signed By Governor

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Sponsored By

GIANARIS

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Bill Amendments

2009-A1558 - Details

2009-A1558 - Summary

2009-A1558 - Bill Text download pdf

2009-A1558A - Details

2009-A1558A - Summary

2009-A1558A - Bill Text download pdf

co-Sponsors

Audrey Pheffer

Annette Robinson

Jeffrey Dinowitz

Dennis H. Gabryszak

multi-Sponsors

Thomas Alfano

William Boyland

James F. Brennan

Clifford Crouch

2009-A1558B - Details

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2009-A1558B - Bill Text download pdf

co-Sponsors

Audrey Pheffer

Annette Robinson

Jeffrey Dinowitz

Dennis H. Gabryszak

multi-Sponsors

Thomas Alfano

William Boyland

James F. Brennan

Clifford Crouch

2009-A1558C (ACTIVE) - Details

2009-A1558C (ACTIVE) - Summary

2009-A1558C (ACTIVE) - Bill Text download pdf

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