S T A T E O F N E W Y O R K
________________________________________________________________________
1483
2019-2020 Regular Sessions
I N A S S E M B L Y
January 15, 2019
___________
Introduced by M. of A. SANTABARBARA, RIVERA, WOERNER, LAVINE, PERRY --
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.
§ 2. The economic development law is amended by adding a new section
138-a to read as follows:
§ 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.
LBD04586-01-9
A. 1483 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. 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.
§ 3. Section 71 of the public service law, as amended by chapter 521
of the laws of 2013, is amended to read as follows:
§ 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
A. 1483 3
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.
§ 4. 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:
§ 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
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.
§ 5. This act shall take effect September 1, 2021. 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.