NY State Senate Bill 2015-S3916

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to energy and telecommunications
Feb 20, 2015	referred to energy and telecommunications

2015-S3916 (ACTIVE) - Details

See Assembly Version of this Bill:: A1086
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §65-c, Pub Serv L
Versions Introduced in 2013-2014 Legislative Session:: S7099, A9571

2015-S3916 (ACTIVE) - Summary

Relates to consumer cost mitigation programs.

2015-S3916 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3916

TITLE OF BILL:

An act to amend the public service law, in relation to consumer cost
mitigation programs

PURPOSE:

To require utility companies to offer a consumer cost mitigation
program when supply prices rise more than 15% in a single month.

SUMMARY OF PROVISIONS:

Section 1. Sets forth the legislative intent

Section 2. Requires public utility companies to develop and implement
under the supervision of the Public Service Commission a cost
mitigation adjustment to a consumer's bill when the supply portion of
the bill for the previous month increases by at least 15%. The
adjustment shall be in the form of a credit on the consumer's bill and
the recovery period for the utility will be twelve months.

Section 3. Sets forth the effective date.

JUSTIFICATION:

In the winter of 2013-2014 we saw massive increases in the supply
portion of customer bills throughout New York State. In February 2014,
National Grid recognized the negative impact of these increases and
worked with the Commission in Case 14-E-0026 to provide a credit to
consumers for one month of this increase while allowing the utility to
recover these costs over a 6 month period, through small increases in
future customer bills. This was a good step, but it was insufficient
since it only covered one month of increased charges and the payback
period was too brief. This bill seeks to require utility companies to
implement similar programs on a regular basis, whenever the utility
determines that supply costs for residential and small business
customers will rise at least 15%. The purpose of this program is to
protect consumers from large and unplanned for shifts in electricity
supply costs that make it very difficult for a consumer to make ends
meet.  The legislature has an obligation to act in the public interest
in situations such as this, and this bill provides a mechanism to
soften the blow moving forward when market forces lead to large
increases in supply costs.

LEGISLATIVE HISTORY:

S.7099 of 2014 - Rules Committee; A.9571 of 2014 - Ways and Means.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill shall take effect on the 90th day after it shall become law.

2015-S3916 (ACTIVE) - Bill Text download pdf

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

                                  3916

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 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 consumer cost
  mitigation programs

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

  Section  1.  Legislative  intent.  The  2013-14  winter season brought
severe winter storms and temperatures well below average.  This  unusual
and  unpredictable  weather  has resulted in significantly higher energy
supply costs which has caused drastically higher utility bills for resi-
dential and small business utility customers. The higher utility charges
are a significant burden on our  residents  and  our  small  businesses.
Because utility companies have the expertise to monitor wholesale energy
supply  prices  and to calculate anticipated and actual increases in the
bills of utility customers, this information should be used  to  develop
and  implement  programs  to level out utility costs for these important
customers. Such programs can be structured and  implemented  to  provide
lower  and  more  stable energy costs for customers while simultaneously
allowing public utility companies to recoup their costs over  a  reason-
able  amount  of  time.  Therefore,  the  legislature  hereby  finds and
declares that it is in the public interest to require such  programs  in
order  to  ensure  safe  and  adequate  service with just and reasonable
charges across the state of New York.
  S 2. The public service law is amended by adding a new section 65-c to
read as follows:
  S 65-C. INCREASE IN ENERGY SUPPLY  PRICES;  CONSUMER  COST  MITIGATION
PROGRAM.  1.  SUBJECT  TO  THE  PROVISIONS  OF  SUBDIVISION  TWO OF THIS
SECTION, EACH PUBLIC UTILITY COMPANY SHALL  IMPLEMENT  A  CONSUMER  COST
MITIGATION  PROGRAM  SUBSTANTIALLY  SIMILAR  TO THE PROGRAM DESCRIBED IN
PUBLIC SERVICE COMMISSION CASE NUMBER 14-E-0026  IN  ORDER  TO  MITIGATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00548-01-5

S. 3916                             2

ANTICIPATED   INCREASES  IN  CUSTOMER  UTILITY  CHARGES  RESULTING  FROM
PROJECTED OR ACTUAL INCREASES IN ENERGY SUPPLY PRICES. EACH PUBLIC UTIL-
ITY COMPANY SHALL SUBMIT ITS CONSUMER COST  MITIGATION  PROGRAM  TO  THE
COMMISSION FOR APPROVAL. THE COMMISSION SHALL REVIEW SUCH SUBMISSIONS ON
AN EXPEDITED BASIS.
  2.  (A)  EACH  PUBLIC  UTILITY COMPANY SHALL PROVIDE A COST MITIGATION
ADJUSTMENT TO UTILITY SUPPLY SERVICE CUSTOMERS WHEN SUCH PUBLIC  UTILITY
DETERMINES,  PURSUANT  TO  THE  PROVISIONS  OF ITS TARIFF FILED WITH AND
APPROVED BY THE COMMISSION, THAT AN  ACTUAL  OR  PROJECTED  INCREASE  IN
ENERGY  SUPPLY  COSTS WILL RESULT IN AN ANTICIPATED INCREASE IN CUSTOMER
UTILITY ENERGY SUPPLY CHARGES OF AT LEAST FIFTEEN PERCENT OVER THE PRIOR
MONTH'S ENERGY SUPPLY CHARGES. IN CALCULATING  THE  ANTICIPATED  PERCENT
INCREASE  IN  CUSTOMER  UTILITY  CHARGES, A PUBLIC UTILITY COMPANY SHALL
BASE SUCH CALCULATION ON USAGE OF SIX HUNDRED KWH PER MONTH FOR RESIDEN-
TIAL CUSTOMERS AND FIFTEEN HUNDRED KWH  PER  MONTH  FOR  SMALL  BUSINESS
CUSTOMERS;  PROVIDED  HOWEVER, THAT A PUBLIC UTILITY COMPANY MAY, IN ITS
DISCRETION, PETITION THE COMMISSION TO USE  OTHER  USAGE  BENCHMARKS  IN
CALCULATING  THE ANTICIPATED PERCENT INCREASE IN CUSTOMER UTILITY CHARG-
ES.
  (B) THE COST ADJUSTMENT PROVIDED TO UTILITY SUPPLY  SERVICE  CUSTOMERS
UNDER A CONSUMER COST MITIGATION PROGRAM SHALL BE IN THE FORM OF A CRED-
IT ON THE SUPPLY PORTION OF THE UTILITY SUPPLY SERVICE CUSTOMERS' UTILI-
TY  BILLS.  SUCH  CREDIT  SHALL BE IDENTIFIED BY AN APPROPRIATE NAME AND
PLACED CONSPICUOUSLY ON CUSTOMERS' BILLS.
  (C) EACH PUBLIC  UTILITY  COMPANY  SHALL  CONSPICUOUSLY  POST  ON  ITS
WEBSITE  DETAILS  ABOUT  ITS CONSUMER COST MITIGATION PROGRAM AS SOON AS
PRACTICABLE AFTER APPROVAL OF  SUCH  PROGRAM  BY  THE  COMMISSION.  EACH
PUBLIC UTILITY COMPANY SHALL ALSO PROVIDE WRITTEN NOTICE OF ITS CONSUMER
COST  MITIGATION  PROGRAM  TO  CONSUMERS  AS  SOON  AS PRACTICABLE AFTER
APPROVAL OF SUCH PROGRAM BY THE COMMISSION. SUCH  NOTICE  SHALL  CONTAIN
DETAILS  ON  THE  CONSUMER  COST  MITIGATION  PROGRAM INCLUDING, BUT NOT
LIMITED TO, AN EXPLANATION OF HOW SUCH PROGRAM WORKS AND AN  EXPLANATION
OF  THE  TIMING, DURATION AND EFFECT OF PAY-BACK PERIODS. SUCH NOTICE TO
CUSTOMERS MAY ALSO INCLUDE INFORMATION ON THE PUBLIC  UTILITY  COMPANY'S
BUDGET  PLAN,  PAYMENT ASSISTANCE PROGRAM, OR ANY OTHER DEFERRED PAYMENT
PLAN THAT IT OFFERS AS AN OPTION TO CUSTOMERS.    WRITTEN  NOTICE  TO  A
CUSTOMER  UNDER THIS SECTION MAY BE ACCOMPLISHED THROUGH ELECTRONIC MAIL
IF SUCH CUSTOMER PROVIDES HIS OR HER EMAIL ADDRESS TO THE PUBLIC UTILITY
COMPANY.
  (D) EACH PUBLIC UTILITY COMPANY MAY ESTABLISH A  COST  RECOVERY  MECH-
ANISM  TO  COLLECT  DEFERRED  PAYMENTS  OWED  BY  UTILITY SUPPLY SERVICE
CUSTOMERS UNDER A CONSUMER COST MITIGATION PROGRAM. SUCH  COST  RECOVERY
MECHANISM  SHALL COLLECT FROM THE SUPPLY PORTION OF THE UTILITY'S SUPPLY
SERVICE CUSTOMER UTILITY BILLS DEFERRED  PAYMENTS  FROM  UTILITY  SUPPLY
SERVICE  CUSTOMERS  OVER A PERIOD OF TIME NO SHORTER THAN TWELVE MONTHS,
UNLESS A SHORTER PERIOD OF TIME IS APPROVED BY THE COMMISSION.
  3. DEFINITIONS. FOR THE PURPOSES OF THIS  SECTION,  THE  TERM  "PUBLIC
UTILITY  COMPANY" SHALL MEAN ANY INVESTOR OWNED UTILITY COMPANY; AND THE
TERM "CUSTOMER" SHALL MEAN ANY RESIDENTIAL OR  SMALL  BUSINESS  CUSTOMER
TAKING  BOTH  DELIVERY  AND  SUPPLY SERVICES FROM SUCH PUBLIC UTILITY AS
DETERMINED BY THE PROVISIONS OF A PUBLIC UTILITY COMPANY'S TARIFF  FILED
WITH AND APPROVED BY THE COMMISSION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S3916

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2015-S3916 (ACTIVE) - Details

2015-S3916 (ACTIVE) - Summary

2015-S3916 (ACTIVE) - Sponsor Memo

2015-S3916 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3916

Share this bill

Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2015-S3916 (ACTIVE) - Details

2015-S3916 (ACTIVE) - Summary

2015-S3916 (ACTIVE) - Sponsor Memo

2015-S3916 (ACTIVE) - Bill Text download pdf

Comments