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

                                  9032

                          I N  A S S E M B L Y

                            January 19, 2016
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN  ACT  to  amend  the  general business law, in relation to changes in
  energy service pricing

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

  Section  1. Subdivisions 6 and 7 of section 349-d of the general busi-
ness law, as added by chapter 416 of the laws of 2010,  are  amended  to
read as follows:
  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. A CHANGE IN PRICE OR A CHANGE TO OR
FROM FIXED OR VARIABLE PRICING SHALL BE  DEEMED  TO  BE  MATERIAL.  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  WHOSE  EXPRESS  CONSENT HAS NOT BEEN OBTAINED TO ANY CHANGE IN
MATERIAL TERMS AND CONDITIONS, OR 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 addi-
tional guidelines, practices, rules or regulations governing the renewal
process.
  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.   IN  ANY  NOTICE
REGARDING CONTRACT RENEWABILITY, THE PROVIDER SHALL DISCLOSE THE FOLLOW-
ING  INFORMATION  AS IT EXISTS AT THE TIME OF SUCH NOTICE: (I) THE PRICE
CHARGED FOR ENERGY SERVICES; (II) THE PRICE IT PROPOSES TO  CHARGE  UPON
RENEWAL;  (III) THE PRICE THAT IS CHARGED BY THE CUSTOMER'S DISTRIBUTION
UTILITY; AND (IV)  INFORMATION  NOTIFYING  THE  CUSTOMER  HOW  THEY  MAY
COMPARE  PAST  BILLS  WITH  WHAT  THEY  WOULD HAVE BEEN CHARGED HAD THEY

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

                                                           LBD13097-01-5

A. 9032                             2

RECEIVED ENERGY SERVICES FROM  THEIR  RESPECTIVE  DISTRIBUTION  UTILITY,
INCLUDING,  THE  INTERNET ADDRESS OF ANY BILL CALCULATOR OFFERED BY SUCH
CUSTOMER'S DISTRIBUTION UTILITY'S WEBSITE.
  S 2. This act shall take effect immediately.