S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9892
 
                           I N  A S S E M B L Y
 
                             February 25, 2020
                                ___________
 
 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 requiring
   comparison of prices charged by energy services companies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions  9,  10,  11  and 12 of section 349-d of the
 general business law, subdivision 9 as amended by section 34 of  part  A
 of  chapter  62  of  the  laws of 2011 and subdivisions 10, 11 and 12 as
 added by chapter 416 of the  laws  of  2010,  are  amended  to  read  as
 follows:
   9.  THE FIRST PAGE OF EACH BILLING STATEMENT FROM AN ESCO DELIVERED TO
 THE CUSTOMER, EITHER BY THE ESCO DIRECTLY OR BY A  UTILITY  CORPORATION,
 BY  A  MUNICIPALITY OR BY ANY OTHER METHOD, SHALL INCLUDE A SIDE-BY-SIDE
 COMPARISON SHOWING BOTH THE PRICE CHARGED BY THE ESCO FOR COMMODITY  AND
 DELIVERY  SERVICE  DURING  THE  PRIOR  BILLING PERIOD, AND THE PRICE THE
 CUSTOMER WOULD HAVE PAID HAD THEY TAKEN COMMODITY AND  DELIVERY  SERVICE
 FROM  THEIR  LOCAL  UTILITY  CORPORATION OR MUNICIPALITY, AS APPLICABLE.
 SUCH STATEMENT SHALL ALSO INCLUDE, SEPARATELY AND APART FROM  THE  PRICE
 CHARGED BY THE ESCO FOR COMMODITY AND DELIVERY SERVICE, AN ITEMIZED LIST
 OF  PRICES  CHARGED  BY  THE  ESCO  FOR  ANY  ENERGY-RELATED VALUE-ADDED
 PRODUCTS PROVIDED BY THE ESCO DURING THE PRIOR BILLING PERIOD.
   10. EVERY TWELVE MONTHS, AN ESCO SHALL PROVIDE EACH OF  ITS  CUSTOMERS
 WITH  A  STATEMENT COMPARING THE PRICE CHARGED BY THE ESCO FOR COMMODITY
 AND DELIVERY SERVICES AND OTHER ENERGY-RELATED VALUE-ADDED PRODUCTS OVER
 THE PRIOR TWELVE-MONTH PERIOD WITH THE PRICE SUCH  CUSTOMER  WOULD  HAVE
 PAID  HAD  THEY  TAKEN  COMMODITY  AND DELIVERY SERVICE FROM THEIR LOCAL
 UTILITY CORPORATION OR MUNICIPALITY, AS  APPLICABLE,  FOR  SUCH  PERIOD.
 SUCH  STATEMENT  SHALL CONVEY SUCH INFORMATION IN A MANNER THAT UNAMBIG-
 UOUSLY CONVEYS WHETHER THE CUSTOMER IS SAVING MONEY OR PAYING A  PREMIUM
 FOR SERVICE FROM THE ESCO OVER SUCH PERIOD.
   11.  The attorney general, upon his or her own motion or upon referral
 from the public service commission, the Long Island power  authority  or
 the  department  of  state,  may bring a civil action against any energy
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14710-02-0

 A. 9892                             2

 services company that violates any provision of  this  section  and  may
 recover  (a)  a  civil  penalty  not  to exceed one thousand dollars per
 violation; and (b) costs and reasonable attorney's  fees.  In  any  such
 proceeding the court may direct restitution.
   [10.]  12.  In addition to the right of action granted to the attorney
 general pursuant to this section, any person who  has  been  injured  by
 reason  of  any  violation of this section may bring an action in his or
 her own name to enjoin such unlawful  act  or  practice,  an  action  to
 recover  his or her actual damages or five hundred dollars, whichever is
 greater, or both  such  actions.  The  court  may,  in  its  discretion,
 increase the award of damages to an amount not to exceed three times the
 actual  damages  up  to  ten  thousand  dollars,  if the court finds the
 defendant willfully or knowingly violated this section.  The  court  may
 award reasonable attorney's fees to a prevailing plaintiff.
   [11.] 13. Nothing in this section shall be deemed to limit any author-
 ity of the public service commission or the Long Island power authority,
 which  existed  before  the  effective  date  of this section, to limit,
 suspend or revoke the eligibility of an energy services company to  sell
 or  offer for sale any energy services for violation of any provision of
 law, rule, regulation  or  policy  enforceable  by  such  commission  or
 authority.
   [12.] 14. Nothing in this section shall be deemed to limit any author-
 ity of the public service commission or the Long Island power authority,
 which  existed before the effective date of this section, to adopt addi-
 tional guidelines, practices, policies, rules or regulations relating to
 the marketing practices of energy services companies to residential  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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.