Assembly Bill A2521A

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

                                  2521

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
  Committee on Small Business

AN ACT to amend the economic development law and the public service law,
  in relation to small business energy assistance and advocacy services

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

  Section 1. The legislature hereby finds and declares that rising ener-
gy  costs present a significant barrier to the economic viability of New
York's small businesses, a crucial sector of the state's economy.  Small
businesses  can  least  afford the time and cost associated with seeking
opportunities to conserve energy, utilize energy efficient products  and
processes  and gain access to renewable sources of energy. The viability
of small businesses and the overall economic and environmental status of
New York state will  be  enhanced  by  the  development,  expansion  and
promotion  of  accessible  and affordable programs to assist small busi-
nesses in energy conservation, energy efficiency, and increased  use  of
renewable  resources, and by ensuring equitable treatment of small busi-
nesses in the proceedings of energy-related regulatory agencies.
  The legislature hereby establishes a small business energy  assistance
and advocacy services program as part of the division for small business
within  the  New York state department of economic development to assist
small businesses in accessing energy conservation, energy efficiency and
renewable energy programs available through public and private  sources,
and  to  advocate  for the initiation and expansion of such programs and
for equitable treatment of small businesses  in  regulatory  proceedings
related to energy.
  S  2.  The economic development law is amended by adding a new section
138-a to read as follows:
  S 138-A.  SMALL  BUSINESS  ENERGY  ASSISTANCE  AND  ADVOCACY  SERVICES
PROGRAM.    1.  THERE  IS HEREBY ESTABLISHED WITHIN THE DIVISION A SMALL
BUSINESS ENERGY ASSISTANCE AND ADVOCACY SERVICES PROGRAM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01494-01-5
              

A. 2521                             2

  2. THE SMALL BUSINESS ENERGY ASSISTANCE AND ADVOCACY SERVICES PROGRAM,
DIRECTLY AND IN CONJUNCTION WITH OTHER DIVISIONS OF THE  DEPARTMENT  AND
WITH OTHER AGENCIES OF THE STATE, FEDERAL AGENCIES OR LOCAL GOVERNMENTS,
SHALL:
  A.  SOLICIT INPUT FROM SMALL BUSINESSES AND FROM ORGANIZATIONS REPRES-
ENTING SMALL BUSINESSES, SUCH AS TRADE ASSOCIATIONS OR  OTHER  ENTITIES,
REGARDING THE ENERGY ASSISTANCE NEEDS OF SMALL BUSINESSES;
  B.  WITH  SUCH INPUT AND THE ASSISTANCE OF THE SMALL BUSINESS ADVISORY
BOARD AND OTHER APPROPRIATE STATE AGENCIES, IDENTIFY ISSUES RELATING  TO
ENERGY  AVAILABILITY,  AFFORDABILITY  AND SUSTAINABILITY AFFECTING SMALL
BUSINESSES AND ASSIST THE ADVISORY BOARD  AND  THE  DIVISION  IN  MAKING
RECOMMENDATIONS  FOR LEGISLATIVE, REGULATORY AND PROGRAMMATIC ACTIONS TO
ADDRESS SUCH ISSUES;
  C. COORDINATE WITH  ENTITIES  INCLUDING  THE  NEW  YORK  STATE  ENERGY
RESEARCH  AND DEVELOPMENT AUTHORITY, THE POWER AUTHORITY OF THE STATE OF
NEW YORK AND OTHER APPROPRIATE PUBLIC  UTILITY  AUTHORITIES  ESTABLISHED
PURSUANT  TO  ARTICLE  FIVE  OF  THE  PUBLIC AUTHORITIES LAW, THE PUBLIC
SERVICE COMMISSION, INVESTOR-OWNED UTILITIES AND OTHER APPROPRIATE ENTI-
TIES TO FACILITATE AND PROMOTE THE PARTICIPATION OF SMALL BUSINESSES AND
ASSOCIATIONS REPRESENTING SMALL BUSINESSES IN THE DEVELOPMENT AND IMPLE-
MENTATION OF ENERGY ASSISTANCE PROGRAMS;
  D. PROVIDE GUIDANCE AND RECOMMENDATIONS TO THE NEW YORK  STATE  ENERGY
RESEARCH  AND DEVELOPMENT AUTHORITY, THE POWER AUTHORITY OF THE STATE OF
NEW YORK AND OTHER PUBLIC UTILITY AUTHORITIES  ESTABLISHED  PURSUANT  TO
ARTICLE  FIVE  OF THE PUBLIC AUTHORITIES LAW, THE PUBLIC SERVICE COMMIS-
SION, INVESTOR-OWNED UTILITIES AND OTHER ENTITIES REGARDING THE DEVELOP-
MENT AND IMPLEMENTATION OF ENERGY ASSISTANCE PROGRAMS AND ON THE  IMPACT
OF STATE ENERGY POLICY ON SMALL BUSINESSES;
  E.  PROVIDE  TO  SMALL  BUSINESSES INFORMATION AND MATERIALS ON ENERGY
ASSISTANCE PROGRAMS,  COOPERATIVE  FUEL  PURCHASING  EFFORTS  AND  OTHER
PROGRAMS  TO MAINTAIN THE AFFORDABILITY OF ENERGY, AND PROVIDE ACCESS TO
SUCH INFORMATION AND MATERIALS ON THE DEPARTMENT'S WEBSITE; AND
  F. REFER SMALL BUSINESSES TO SPECIALISTS FOR INFORMATION  AND  ASSIST-
ANCE  ON  AFFORDABLE ALTERNATIVE TECHNOLOGIES, PROCESS CHANGES, PRODUCTS
AND OPERATIONAL METHODS TO ACHIEVE ENERGY SAVINGS.
  3. A. THE SMALL  BUSINESS  ENERGY  ASSISTANCE  AND  ADVOCACY  SERVICES
PROGRAM  SHALL  REPRESENT  THE  INTERESTS OF SMALL BUSINESSES BEFORE THE
PUBLIC SERVICE COMMISSION PURSUANT TO SECTION TWENTY-FOUR-C, SEVENTY-ONE
OR EIGHTY-FOUR OF THE PUBLIC SERVICE LAW, AND  SHALL  BE  AUTHORIZED  TO
INITIATE,  INTERVENE  IN  OR  PARTICIPATE  IN ANY PROCEEDINGS BEFORE THE
PUBLIC  SERVICE  COMMISSION  AND  IN  ANY  OTHER   SUCH   ENERGY-RELATED
PROCEEDINGS AS THE DIVISION DEEMS TO BE NECESSARY OR APPROPRIATE.
  B.  THE SMALL BUSINESS ENERGY ASSISTANCE AND ADVOCACY SERVICES PROGRAM
SHALL ADVOCATE BEFORE THE PUBLIC SERVICE COMMISSION AND OTHER STATE  AND
FEDERAL  REGULATORY AGENCIES FOR THE ADOPTION OF APPROPRIATE REGULATIONS
PROVIDING FOR EQUITABLE TREATMENT OF SMALL BUSINESSES IN  ENERGY-RELATED
POLICIES,  INCLUDING  BUT  NOT  LIMITED TO EXTENDING REASONABLE CONSUMER
PROTECTIONS TO SMALL BUSINESSES IN ENERGY-RELATED MATTERS.
  S 3. The public service law is amended by adding a new section 24-c to
read as follows:
  S 24-C. NOTICE TO BE GIVEN TO DIVISION  PRIOR  TO  RATE  INCREASE.  1.
NOTWITHSTANDING  ANY  INCONSISTENT GENERAL, SPECIAL OR LOCAL LAW OR RULE
OR REGULATION TO THE CONTRARY, THE COMMISSION SHALL TO  THE  EXTENT  THE
DIVISION SHALL SO REQUEST IN ANY CASES OR CLASS OF CASES, GIVE NOTICE TO
THE  DIVISION  OF  ANY  FILED  STATEMENT PROPOSING TO MODIFY OR INCREASE
RATES, SERVICES, SCHEDULE OF RATES OR ANY OTHER RATING RULE OR TO  ADOPT

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OR AMEND ANY RATE OR SERVICE RULES OR REGULATIONS WITHIN FIVE DAYS AFTER
THE  COMMISSION  SHALL  HAVE  RECEIVED  SUCH  STATEMENT FROM ANY UTILITY
SUBJECT TO ITS JURISDICTION; PROVIDED, HOWEVER, THAT IN LIEU  OF  GIVING
SUCH NOTICE, THE COMMISSION MAY DIRECT THAT THE UTILITY GIVE SUCH NOTICE
TO  THE  DIVISION.  THE COMMISSION SHALL DIRECTLY NOTIFY THE DIVISION OF
ANY SUCH CASE THAT IS NOT INITIATED BY A UTILITY.
  2. IN ANY SUCH CASE IN WHICH THE DIVISION SHALL FILE WITH THE  COMMIS-
SION A STATEMENT OF INTENT TO BE A PARTY, THE DIVISION SHALL HAVE AND IN
ITS DISCRETION MAY EXERCISE ALL THE RIGHTS AND PRIVILEGES OF A PARTY.
  3.  FOR  THE  PURPOSES OF THIS SECTION, THE TERM "DIVISION" SHALL MEAN
THE DIVISION FOR SMALL BUSINESS ESTABLISHED BY  ARTICLE  FOUR-B  OF  THE
ECONOMIC  DEVELOPMENT  LAW,  AND  THE  TERM  "COMMISSION" SHALL MEAN THE
PUBLIC SERVICE COMMISSION.
  S 4. Section 71 of the public service law, as amended by  chapter  521
of the laws of 2013, is amended to read as follows:
  S 71. Complaints  as  to  quality  and  price  of gas and electricity;
investigation by commission; forms of complaints. Upon the complaint  in
writing  of  the  mayor  of  a city, the trustees of a village, the town
board of a town or the chief executive officer or the  legislative  body
of  a  county in which a person or corporation is authorized to manufac-
ture, convey, transport, sell or supply gas  or  electricity  for  heat,
light  or power, or upon the complaint in writing of not less than twen-
ty-five customers or purchasers of such gas or electricity, or upon  the
complaint  in  writing  of  the  department of state OR THE DIVISION FOR
SMALL BUSINESS, or upon a complaint of a gas corporation  or  electrical
corporation supplying or transmitting said gas or electricity, as to the
illuminating  or heating power, purity or pressure or the rates, charges
or classifications of service of gas, the  efficiency  of  the  electric
incandescent lamp supply, the voltage of the current supplied for light,
heat  or  power,  or  the  rates charged or classification of service of
electricity sold and delivered in such municipality, or as to the extent
or duration of a disruption in gas or electricity service,  the  commis-
sion  shall  investigate  as  to the cause for such complaint. When such
complaint is made, the commission may,  by  its  agents,  examiners  and
inspectors,  inspect  the  works, system, plant, devices, appliances and
methods used by such person or corporation in  manufacturing,  transmit-
ting  and supplying such gas or electricity, and may examine or cause to
be examined the books and papers of such person, or corporation pertain-
ing to the manufacture, sale, transmitting and supplying of such gas  or
electricity.  The  form  and  contents of complaints made as provided in
this section shall be prescribed  by  the  commission.  Such  complaints
shall  be  signed  by  the  officers, or by the customers, purchasers or
subscribers making them, who must add to their signatures  their  places
of residence, by street and number, if any. The commission shall publish
the  form  and  instructions for completing the form on the commission's
website.
  S 5. Section 84 of the public service law, as amended by section 49 of
part A of chapter 62 of the laws of 2011, is amended to read as follows:
  S 84. Complaints as to service and price of steam heat;  investigation
by commission; forms of complaints. Upon the complaint in writing of the
mayor of the city, the trustees of a village or the town board of a town
in  which  a person or corporation is authorized to manufacture, sell or
supply steam for heat or power, or upon the complaint in writing of  not
less  than fifty customers or purchasers of such steam heat in cities of
the first or second class, or of not less than twenty-five in cities  of
the  third  class,  or  of  not  less  than  ten  elsewhere, or upon the

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complaint in writing of the department of  state  OR  THE  DIVISION  FOR
SMALL  BUSINESS,  as  to  the  price,  pressure  or  efficiency of steam
supplied for heat or power, sold and delivered in such municipality, the
commission  shall  investigate  as to the cause for such complaint. When
such complaint is made, the commission may, by its agents, examiners and
inspectors, inspect the work, system,  plant,  devices,  appliances  and
methods  used  by such person or corporation in manufacturing, transmit-
ting and supplying such steam, and may examine or cause to  be  examined
the  books  and  papers  of such person or corporation pertaining to the
manufacture, sale, transmitting and supplying of such  steam.  The  form
and  contents  of  complaints  made as provided in this section shall be
prescribed by the commission. Such complaint  shall  be  signed  by  the
officers,  or  by  the customers, purchasers or subscribers making them,
who must add to their signatures their place of residence, by street and
number, if any.
  S 6. This act shall take effect September 1, 2017.    Effective  imme-
diately  the  department  of economic development and the public service
commission shall be authorized to take any and all actions necessary  to
fully implement the provisions of this act on such effective date.