NY State Senate Bill 2015-S4526A

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2015	vetoed memo.262
Nov 10, 2015	delivered to governor
Jun 17, 2015	returned to senate passed assembly ordered to third reading cal.424 substituted for a6205a
Jun 16, 2015	referred to codes delivered to assembly passed senate ordered to third reading cal.1618 committee discharged and committed to rules
Jun 10, 2015	print number 4526a
Jun 10, 2015	amend and recommit to energy and telecommunications
Mar 26, 2015	referred to energy and telecommunications

Votes

- Jun 16, 2015 - Floor Vote
  S4526A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 16, 2015 - Rules Committee Vote
  S4526A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2015
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young

Bill Amendments

Original

A (Active)

2015-S4526 - Details

See Assembly Version of this Bill:: A6205
Law Section:: Public Service Law
Laws Affected:: Add Art 4-C §89-q, Pub Serv L

2015-S4526 - Summary

Relates to energy services company telemarketing standards; enacts provisions restricting telemarketing for customers who enroll in an opt-out registry.

2015-S4526 - Sponsor Memo

                                BILL NUMBER:S4526

TITLE OF BILL:  An act to amend the public service law, in relation to
telemarketing practices of energy services companies

PURPOSE:

To enforce and create telemarketing standards for energy services
companies, establish civil penalties for violating such standards.

SUMMARY OF PROVISIONS:

*Section one of the bill creates definitions for various terms used in
the bill.

*Section two of the bill:

*Establishes telemarketing practices and requires an energy services
company (ESCO) and an ESCO marketing representatives to:

*remove a customer from an ESCO marketing database upon request;
*require a marketing representative to provide their name, the name of
the ESCO on whose behalf they are calling for, and the purpose of the
call;
* transfer a customer to a representative who speaks the customer's
primary language or terminate the call;

*use independent third party verification, as approved by the Public
Service Commission, to enroll a customer; and
*prohibit ESCO marketing representatives from asserting that an ESCO
is acting on behalf of a utility.

*Require ESCOs and contractors to comply with the "Do-Not-Call"
Registry and basic telemarketing standards.

*Authorizes the Public Service Commission to access a civil penalty
which would not exceed one thousand dollars per violation against any
ESCO that knowingly fails or neglects to comply with the provisions of
this section. This section also requires the Public Service Commission
to provide notice to an ESCO, when the Commission believes an ESCO has
violated a provision of this section.

*Deems that nothing in this act will limit the Public Service
Commission or Long Island Power Authority from regulating ESCOs as
they deem necessary and appropriate.

*Section three of the bill is the effective date.

JUSTIFICATION:

On October 18, 2012, the Public Service Commission began a proceeding
to assess certain aspects of the residential and small nonresidential
retail energy or energy service companies markets in New York (Case
12-M-0476). Out of the proceeding, serious concerns about the
telemarketing behavior of energy services companies (ESCOs) have
emerged. In the assessment of the Commission's staff, some ESCOs are
engaging in marketing behavior that creates and relies on customer
confusion. This bill would explicitly subject ESCOs to telemarketing


standards that would protect customers from predatory marketing
behavior. Most importantly, this bill would empower the Commission to
issue civil penalties against ESCOs that repeatedly refuse to comply
with telemarketing standards. By requiring ESCO to comply with the
"Do-Not-Call" Registry and telemarketing standards under Public
Service Law, the Commission would be allowed to issue a civil penalty
when ESCO disregards the "Do-NotCall" Registry. The civil penalty
created in this bill closes an important gap in the regulation of
ESCOs as the Commission currently cannot issue any civil penalties
against ESCOs for any violations.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 90 days after enactment into law and
immediately upon enactment the Public Service Commission is authorized
to establish any regulations needed to implement this act.

2015-S4526 - Bill Text download pdf

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

                                  4526

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend  the public service law, in relation to telemarketing
  practices of 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 article
4-C to read as follows:
                               ARTICLE 4-C
                        ENERGY SERVICE COMPANIES
SECTION 89-Q. ENERGY SERVICES COMPANY TELEMARKETING STANDARDS.
  S 89-Q. ENERGY SERVICES COMPANY TELEMARKETING STANDARDS.   1. FOR  THE
PURPOSE OF THIS SECTION:
  (A)  "ENERGY SERVICES COMPANY" OR "ESCO," SHALL MEAN ANY ENTITY ELIGI-
BLE TO SELL ENERGY SERVICES TO END USE CUSTOMERS USING THE  TRANSMISSION
OR DISTRIBUTION SYSTEM OF A UTILITY CORPORATION.
  (B)  "DISTRIBUTION  UTILITY"  SHALL MEAN A GAS OR ELECTRIC CORPORATION
OWNING, OPERATING OR MANAGING ELECTRIC OR GAS FACILITIES FOR THE PURPOSE
OF DISTRIBUTING GAS OR ELECTRICITY TO END USERS.
  (C) "ESCO TELEMARKETING REPRESENTATIVE" SHALL  MEAN  ANY  EMPLOYEE  OR
AGENT  OF AN ESCO THAT ENGAGES IN ANY TELEMARKETING ACTIVITY INTENDED TO
ENROLL, CONTRACT OR SELL ENERGY SERVICES TO END USE CUSTOMERS WITH  SUCH
ESCO.
  (D) "INDEPENDENT THIRD PARTY VERIFICATION" SHALL MEAN THE CONFIRMATION
OF  A  CUSTOMER'S  AGREEMENT  TO TAKE SERVICE FROM AN ESCO, BY AN ENTITY
THAT IS INDEPENDENT OF THE ESCO.
  2. (A) EACH ENERGY SERVICES COMPANY ENGAGING IN TELEMARKETING SHALL BE
SUBJECT TO AND COMPLY WITH SECTIONS  THREE  HUNDRED  NINETY-NINE-PP  AND
THREE  HUNDRED  NINETY-NINE-Z OF THE GENERAL BUSINESS LAW, INCLUDING BUT
NOT LIMITED TO THE ADHERENCE  TO  THE  NATIONAL  "DO-NOT-CALL"  REGISTRY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07242-01-5

S. 4526                             2

ESTABLISHED,  MANAGED  AND  MAINTAINED  BY  THE FEDERAL TRADE COMMISSION
PURSUANT TO 16 CFR SECTION 310.4(B)(1)(III)  AS  AMENDED  FROM  TIME  TO
TIME.
  (B)  EACH ENERGY SERVICES COMPANY SHALL REQUIRE ANY CONTRACT FOR TELE-
MARKETING SERVICES TO REQUIRE THE TELEMARKETER TO HAVE A CERTIFICATE  OF
REGISTRATION  FROM  THE  SECRETARY  OF STATE AND SUCH TELEMARKETER SHALL
AGREE  TO  BE  SUBJECT  TO  AND  COMPLY  WITH  SECTIONS  THREE   HUNDRED
NINETY-NINE-PP  AND  THREE HUNDRED NINETY-NINE-Z OF THE GENERAL BUSINESS
LAW, INCLUDING  BUT  NOT  LIMITED  TO  THE  ADHERENCE  TO  THE  NATIONAL
"DO-NOT-CALL" REGISTRY ESTABLISHED, MANAGED AND MAINTAINED BY THE FEDER-
AL  TRADE  COMMISSION  PURSUANT  TO  16  CFR SECTION 310.4(B)(1)(III) AS
AMENDED FROM TIME TO TIME.
  3. THE COMMISSION SHALL DIRECT EACH ENERGY SERVICES  COMPANY  AND  ANY
ESCO  TELEMARKETING  REPRESENTATIVE  SELLING OR OFFERING FOR SALE ENERGY
SERVICES TO RESIDENTIAL OR SMALL NON-RESIDENTIAL CUSTOMERS TO:
  (A) REMOVE A RESIDENTIAL OR  SMALL  NON-RESIDENTIAL  CUSTOMER'S  NAME,
TELEPHONE,  AND CONTACT INFORMATION FROM ANY ESCO TELEMARKETING DATABASE
UPON SUCH RESIDENTIAL OR SMALL NON-RESIDENTIAL CUSTOMER'S REQUEST;
  (B) PROVIDE  TO  A  POTENTIAL  RESIDENTIAL  OR  SMALL  NON-RESIDENTIAL
CUSTOMER: THE NAME OF THE ESCO TELEMARKETING REPRESENTATIVE ON THE CALL,
THE  NAME  OF  THE  ESCO  ON WHOSE BEHALF THE CALL IS BEING MADE AND THE
PURPOSE OF SUCH CALL AND, UPON REQUEST, THE ESCO TELEMARKETING REPRESEN-
TATIVE'S IDENTIFICATION NUMBER;
  (C)  IMMEDIATELY  TRANSFER  A  RESIDENTIAL  OR  SMALL  NON-RESIDENTIAL
CUSTOMER TO A REPRESENTATIVE WHO SPEAKS THE RESIDENTIAL OR SMALL NON-RE-
SIDENTIAL CUSTOMER'S PRIMARY LANGUAGE OR TERMINATE THE CALL;
  (D)  USE  INDEPENDENT  THIRD  PARTY  VERIFICATION,  AS APPROVED BY THE
COMMISSION, PRIOR TO ENROLLING A RESIDENTIAL  OR  SMALL  NON-RESIDENTIAL
CUSTOMER; AND
  (E) PROHIBIT ESCO TELEMARKETING REPRESENTATIVES FROM ASSERTING THAT AN
ESCO IS ACTING ON BEHALF OF A DISTRIBUTION UTILITY.
  4.  (A)  THE  COMMISSION  IS  HEREBY GRANTED THE AUTHORITY, SUBJECT TO
PARAGRAPH (B) OF THIS SUBDIVISION, TO ASSESS  A  CIVIL  PENALTY  NOT  TO
EXCEED  ONE THOUSAND DOLLARS AGAINST ANY ESCO WHEN SUCH ESCO OR ITS ESCO
TELEMARKETING REPRESENTATIVES KNOWINGLY FAILS OR NEGLECTS TO COMPLY WITH
ANY PROVISION OF THIS SECTION OR ANY REGULATION OR ORDER OF THE  COMMIS-
SION  IMPLEMENTING  OR  ENFORCING THE PROVISIONS OF THIS SECTION. IN THE
CASE OF A CONTINUING VIOLATION, THE COMMISSION IS HEREBY  AUTHORIZED  TO
DEEM EACH DAY A SEPARATE AND DISTINCT OFFENSE.
  (B)  WHENEVER THE COMMISSION HAS REASON TO BELIEVE THAT AN ESCO SHOULD
BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY OR PENALTIES AS SET FORTH IN
THIS SUBDIVISION, THE COMMISSION SHALL NOTIFY  SUCH  ESCO.  SUCH  NOTICE
SHALL  INCLUDE,  BUT  SHALL  NOT  BE LIMITED TO (I) THE DATE AND A BRIEF
DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT OR FAILURE  TO  ACT  FOR
WHICH SUCH PENALTY IS PROPOSED; (II) THE AMOUNT OF EACH PENALTY THAT THE
COMMISSION PROPOSES TO ASSESS; AND (III) THE OPTION TO REQUEST A HEARING
TO  DEMONSTRATE  WHY  THE  PROPOSED  PENALTY  OR PENALTIES SHOULD NOT BE
ASSESSED AGAINST SUCH ESCO.
  5. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT ANY  AUTHORITY  OF
THE  COMMISSION  OR THE LONG ISLAND POWER AUTHORITY TO LIMIT, SUSPEND OR
REVOKE THE ELIGIBILITY OF AN ENERGY SERVICES COMPANY OR ESCO TELEMARKET-
ING REPRESENTATIVE  TO  SELL,  OFFER,  OR  MARKET  ENERGY  SERVICES  FOR
VIOLATION  OF ANY PROVISION OF LAW, RULE, REGULATION OR POLICY ENFORCEA-
BLE BY THE COMMISSION OR THE LONG ISLAND POWER AUTHORITY.
  6. NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OF THE COMMISSION
OR THE LONG ISLAND POWER AUTHORITY TO ADOPT  ADDITIONAL  ORDERS,  GUIDE-

S. 4526                             3

LINES, PRACTICES, POLICIES, RULES OR REGULATIONS RELATING TO THE MARKET-
ING PRACTICES OF ENERGY SERVICES COMPANIES TO RESIDENTIAL, SMALL NON-RE-
SIDENTIAL 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. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law; provided however that the public service commission
is authorized and directed to take any and all  actions,  including  but
not  limited  to  the promulgation of any orders, guidelines, practices,
policies, rules and regulations necessary to implement the provisions of
this act on or before such effective date.

co-Sponsors

2015-S4526A (ACTIVE) - Details

See Assembly Version of this Bill:: A6205
Law Section:: Public Service Law
Laws Affected:: Add Art 4-C §89-q, Pub Serv L

2015-S4526A (ACTIVE) - Summary

Relates to energy services company telemarketing standards; enacts provisions restricting telemarketing for customers who enroll in an opt-out registry.

2015-S4526A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4526A

PURPOSE:

To enforce and create telemarketing standards for energy services
companies, establish civil penalties for violating such standards.

SUMMARY OF PROVISIONS:

*Section one of the bill creates definitions for various terms used in
the bill.

*Section two of the bill:

*Establishes telemarketing practices and requires an energy services
company (ESCO) and an ESCO marketing representatives to:

*remove a customer from an ESCO marketing database upon request;

*require a marketing representative to provide their name, the name of
the ESCO on whose behalf they are calling for, and the purpose of the
call;

*transfer a customer to a representative who speaks the customer's
primary language or terminate the call;

*use independent third party verification, as approved by the Public
Service Commission, to enroll a customer; and

*prohibit ESCO marketing representatives from asserting that an ESCO
is acting on behalf of a utility.

*Require ESCOs and contractors to comply with the "Do-Not-Call"
Registry and basic telemarketing standards.

*Authorizes the Public Service Commission to access a civil penalty
which would not exceed one thousand dollars per violation against any
ESCO that knowingly fails or neglects to comply with the provisions of
this section. This section also requires the Public Service Commission
to provide notice to an ESCO, when the Commission believes an ESCO has
violated a provision of this section.

*Deems that nothing in this act will limit the Public Service
Commission or Long Island Power Authority from regulating ESCOs as
they deem necessary and appropriate.

*Section three of the bill is the effective date.

JUSTIFICATION:

On October 18, 2012, the Public Service Commission began a proceeding
to assess certain aspects of the residential and small nonresidential
retail energy or energy service companies markets in New York (Case
12-M-0476). Out of the proceeding, serious concerns about the
telemarketing behavior of energy services companies (ESCOs) have
emerged. In the assessment of the Commission's staff, some ESCOs are
engaging in marketing behavior that creates and relies on customer


confusion. This bill would explicitly subject ESCOs to telemarketing
standards that would protect customers from predatory marketing
behavior.

Most importantly, this bill would empower the Commission to issue
civil penalties against ESCOs that repeatedly refuse to comply with
telemarketing standards. By requiring ESCO to comply with the
"Do-Not-Call" Registry and telemarketing standards under Public
Service Law, the Commission would be allowed to issue a civil penalty
when ESCO disregards the "Do-Not-Call" Registry. The civil penalty
created in this bill closes an important gap in the regulation of
ESCOs as the Commission currently cannot issue any civil penalties
against ESCOs for any violations.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect 90 days after enactment into law and
immediately upon enactment the Public Service Commission is authorized
to establish any regulations needed to implement this act.

2015-S4526A (ACTIVE) - Bill Text download pdf

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

                                 4526--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 26, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public service law,  in  relation  to  telemarketing
  practices of 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  article
4-C to read as follows:
                               ARTICLE 4-C
                        ENERGY SERVICE COMPANIES
SECTION 89-Q. ENERGY SERVICES COMPANY TELEMARKETING STANDARDS.
  S  89-Q.  ENERGY SERVICES COMPANY TELEMARKETING STANDARDS.  1. FOR THE
PURPOSE OF THIS SECTION:
  (A) "ENERGY SERVICES COMPANY" OR "ESCO," SHALL MEAN ANY ENTITY  ELIGI-
BLE  TO SELL ENERGY SERVICES TO END USE CUSTOMERS USING THE TRANSMISSION
OR DISTRIBUTION SYSTEM OF A UTILITY CORPORATION.
  (B) "DISTRIBUTION UTILITY" SHALL MEAN A GAS  OR  ELECTRIC  CORPORATION
OWNING, OPERATING OR MANAGING ELECTRIC OR GAS FACILITIES FOR THE PURPOSE
OF DISTRIBUTING GAS OR ELECTRICITY TO END USERS.
  (C)  "ESCO  TELEMARKETING  REPRESENTATIVE"  SHALL MEAN ANY EMPLOYEE OR
AGENT OF AN ESCO THAT ENGAGES IN ANY TELEMARKETING ACTIVITY INTENDED  TO
ENROLL,  CONTRACT OR SELL ENERGY SERVICES TO END USE CUSTOMERS WITH SUCH
ESCO.
  (D) "INDEPENDENT THIRD PARTY VERIFICATION" SHALL MEAN THE CONFIRMATION
OF A CUSTOMER'S AGREEMENT TO TAKE SERVICE FROM AN  ESCO,  BY  AN  ENTITY
THAT IS INDEPENDENT OF THE ESCO.
  2. (A) EACH ENERGY SERVICES COMPANY ENGAGING IN TELEMARKETING OR TELE-
MARKETING  FIRM  ENGAGED  IN  TELEMARKETING FOR ENERGY SERVICES SHALL BE
SUBJECT TO AND COMPLY WITH SECTIONS  THREE  HUNDRED  NINETY-NINE-PP  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07242-03-5

S. 4526--A                          2

THREE  HUNDRED  NINETY-NINE-Z OF THE GENERAL BUSINESS LAW, INCLUDING BUT
NOT LIMITED TO THE ADHERENCE  TO  THE  NATIONAL  "DO-NOT-CALL"  REGISTRY
ESTABLISHED,  MANAGED  AND  MAINTAINED  BY  THE FEDERAL TRADE COMMISSION
PURSUANT  TO  16  CFR  SECTION  310.4(B)(1)(III) AS AMENDED FROM TIME TO
TIME.
  (B) EACH ENERGY SERVICES COMPANY SHALL REQUIRE ANY CONTRACT FOR  TELE-
MARKETING  SERVICES TO REQUIRE THE TELEMARKETER TO HAVE A CERTIFICATE OF
REGISTRATION FROM THE SECRETARY OF STATE  AND  SUCH  TELEMARKETER  SHALL
AGREE   TO  BE  SUBJECT  TO  AND  COMPLY  WITH  SECTIONS  THREE  HUNDRED
NINETY-NINE-PP AND THREE HUNDRED NINETY-NINE-Z OF THE  GENERAL  BUSINESS
LAW,  INCLUDING  BUT  NOT  LIMITED  TO  THE  ADHERENCE  TO  THE NATIONAL
"DO-NOT-CALL" REGISTRY ESTABLISHED, MANAGED AND MAINTAINED BY THE FEDER-
AL TRADE COMMISSION PURSUANT  TO  16  CFR  SECTION  310.4(B)(1)(III)  AS
AMENDED FROM TIME TO TIME.
  3.  THE  COMMISSION  SHALL DIRECT EACH ENERGY SERVICES COMPANY AND ANY
ESCO TELEMARKETING REPRESENTATIVE SELLING OR OFFERING  FOR  SALE  ENERGY
SERVICES TO RESIDENTIAL OR SMALL NON-RESIDENTIAL CUSTOMERS TO:
  (A)  REMOVE  A  RESIDENTIAL  OR SMALL NON-RESIDENTIAL CUSTOMER'S NAME,
TELEPHONE, AND CONTACT INFORMATION FROM ANY ESCO TELEMARKETING  DATABASE
UPON SUCH RESIDENTIAL OR SMALL NON-RESIDENTIAL CUSTOMER'S REQUEST;
  (B)  PROVIDE  TO  A  POTENTIAL  RESIDENTIAL  OR  SMALL NON-RESIDENTIAL
CUSTOMER: THE NAME OF THE ESCO TELEMARKETING REPRESENTATIVE ON THE CALL,
THE NAME OF THE ESCO ON WHOSE BEHALF THE CALL  IS  BEING  MADE  AND  THE
PURPOSE OF SUCH CALL AND, UPON REQUEST, THE ESCO TELEMARKETING REPRESEN-
TATIVE'S IDENTIFICATION NUMBER;
  (C)  IMMEDIATELY  TRANSFER  A  RESIDENTIAL  OR  SMALL  NON-RESIDENTIAL
CUSTOMER TO A REPRESENTATIVE WHO SPEAKS THE RESIDENTIAL OR SMALL NON-RE-
SIDENTIAL CUSTOMER'S PRIMARY LANGUAGE OR TERMINATE THE CALL;
  (D) USE INDEPENDENT THIRD PARTY VERIFICATION OF  TELEMARKETING  TRANS-
ACTIONS, AS APPROVED BY THE COMMISSION, PRIOR TO ENROLLING A RESIDENTIAL
OR SMALL NON-RESIDENTIAL CUSTOMER; AND
  (E) PROHIBIT ESCO TELEMARKETING REPRESENTATIVES FROM ASSERTING THAT AN
ESCO IS ACTING ON BEHALF OF A DISTRIBUTION UTILITY.
  4.  (A)  THE  COMMISSION  IS  HEREBY GRANTED THE AUTHORITY, SUBJECT TO
PARAGRAPH (B) OF THIS SUBDIVISION, TO ASSESS  A  CIVIL  PENALTY  NOT  TO
EXCEED  ONE THOUSAND DOLLARS AGAINST ANY ESCO WHEN SUCH ESCO OR ITS ESCO
TELEMARKETING REPRESENTATIVES KNOWINGLY FAILS OR NEGLECTS TO COMPLY WITH
ANY PROVISION OF THIS SECTION OR ANY REGULATION OR ORDER OF THE  COMMIS-
SION  IMPLEMENTING  OR  ENFORCING THE PROVISIONS OF THIS SECTION. IN THE
CASE OF A CONTINUING VIOLATION, THE COMMISSION IS HEREBY  AUTHORIZED  TO
DEEM EACH DAY A SEPARATE AND DISTINCT OFFENSE.
  (B)  WHENEVER THE COMMISSION HAS REASON TO BELIEVE THAT AN ESCO SHOULD
BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY OR PENALTIES AS SET FORTH IN
THIS SUBDIVISION, THE COMMISSION SHALL NOTIFY  SUCH  ESCO.  SUCH  NOTICE
SHALL  INCLUDE,  BUT  SHALL  NOT  BE LIMITED TO (I) THE DATE AND A BRIEF
DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT OR FAILURE  TO  ACT  FOR
WHICH SUCH PENALTY IS PROPOSED; (II) THE AMOUNT OF EACH PENALTY THAT THE
COMMISSION PROPOSES TO ASSESS; AND (III) THE OPTION TO REQUEST A HEARING
TO  DEMONSTRATE  WHY  THE  PROPOSED  PENALTY  OR PENALTIES SHOULD NOT BE
ASSESSED AGAINST SUCH ESCO.
  5. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT ANY  AUTHORITY  OF
THE  COMMISSION  OR THE LONG ISLAND POWER AUTHORITY TO LIMIT, SUSPEND OR
REVOKE THE ELIGIBILITY OF AN ENERGY SERVICES COMPANY OR ESCO TELEMARKET-
ING REPRESENTATIVE  TO  SELL,  OFFER,  OR  MARKET  ENERGY  SERVICES  FOR
VIOLATION  OF ANY PROVISION OF LAW, RULE, REGULATION OR POLICY ENFORCEA-
BLE BY THE COMMISSION OR THE LONG ISLAND POWER AUTHORITY.

S. 4526--A                          3

  6. NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OF THE COMMISSION
OR THE LONG ISLAND POWER AUTHORITY TO ADOPT  ADDITIONAL  ORDERS,  GUIDE-
LINES, PRACTICES, POLICIES, RULES OR REGULATIONS RELATING TO THE MARKET-
ING PRACTICES OF ENERGY SERVICES COMPANIES TO RESIDENTIAL, SMALL NON-RE-
SIDENTIAL 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. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law; provided however that the public service commission
is authorized and directed to take any and all  actions,  including  but
not  limited  to  the promulgation of any orders, guidelines, practices,
policies, rules and regulations necessary to implement the provisions of
this act on or before such effective date.

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Senate Bill S4526A

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Jun 16, 2015 - Floor Vote

Floor Vote: Jun 16, 2015

Jun 16, 2015 - Rules Committee Vote

Rules Committee Vote: Jun 16, 2015

Bill Amendments

2015-S4526 - Details

2015-S4526 - Summary

2015-S4526 - Sponsor Memo

2015-S4526 - Bill Text download pdf

co-Sponsors

2015-S4526A (ACTIVE) - Details

2015-S4526A (ACTIVE) - Summary

2015-S4526A (ACTIVE) - Sponsor Memo

2015-S4526A (ACTIVE) - Bill Text download pdf

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Senate Bill S4526A

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - Vetoed by Governor

Bill Amendments

2015-S4526 - Details

2015-S4526 - Summary

2015-S4526 - Sponsor Memo

2015-S4526 - Bill Text download pdf

co-Sponsors

Rich Funke

2015-S4526A (ACTIVE) - Details

2015-S4526A (ACTIVE) - Summary

2015-S4526A (ACTIVE) - Sponsor Memo

2015-S4526A (ACTIVE) - Bill Text download pdf

Comments