NY State Senate Bill S3758

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

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to energy and telecommunications
Feb 13, 2019	referred to energy and telecommunications

S3758 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §54, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3287
2023-2024: S2617

S3758 (ACTIVE) - Summary

Relates to services provided to residential customers by energy service companies; provides that beginning January 1, 2020, no energy service company shall execute a new contract for generation services with any individual residential retail customer; establishes that this prohibition shall not apply to, or otherwise affect, any government body that aggregates the load of residential retail customers as part of a community choice aggregation program approved by the public service commission.

S3758 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3758            REVISED MEMO 2/19/2019

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the public service law, in relation to
services provided to residential customers by energy service companies

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits services provided to residential customers by certain energy
service companies.

 
SUMMARY OF SPECIFIC PROVISIONS:

The public service law is amended by adding a new section 54 to read as
follows:
Beginning January first, two thousand twenty, no energy service company
shall execute a new contract for generation services with any individual
residential retail customer. This section shall not apply to any govern-
ment body that aggregates the load of residential retail customers as
part of a community choice aggregation program approved by the commis-
sion.

Any violation of this section shall be deemed a deceptive act or prac-
tice and the attorney general is hereby authorized to bring an action
under such article to enforce this section and to obtain civil penal-
ties, injunctive relief, and any other relief awarded pursuant to arti-
cle twentytwo-a.

 
JUSTIFICATION:

According to the Public Service Commission's (PSC) brief in Case
15-M-0127, "approximately two million New York State residential utility
customers who took commodity service from an ESCO collectively paid
almost $1.2 billion more than they would have paid if they purchased
commodity from their distribution utility during the 36-months ending
December 31, 2016. Additionally, small commercial customers paid $136
million more than they would have paid if they instead simply remained
with their default utilities for commodity supply for the same 36-month
period. Combining the residential and small commercial customer classes,
mass market customers were "overcharged" by over $1.3 billion dollars
over this time period. Finally, the data also shows that low-income
customers (a subset of the residential customer mentioned above) who
took commodity service from an ESCO collectively paid in excess of $146
million more than they would have paid if they took commodity supply
from their utility."

To put these numbers in perspective, New Yorkers are overcharged roughly
$1.5 million per day. Recently, Connecticut and Massachusetts have
introduced similar legislation to help protect customers from over-
charges by energy service companies.

 
PRIOR LEGISLATION:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S3758 (ACTIVE) - Bill Text download pdf


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

                                  3758

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 13, 2019
                               ___________

Introduced  by  Sen.  PARKER -- 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 services provided
  to residential customers by energy service companies

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

  Section 1. The public service law is amended by adding a  new  section
54 to read as follows:
  §  54.  SERVICES TO RESIDENTIAL CUSTOMERS BY ENERGY SERVICE COMPANIES.
BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY, NO ENERGY SERVICE  COMPANY
SHALL EXECUTE A NEW CONTRACT FOR GENERATION SERVICES WITH ANY INDIVIDUAL
RESIDENTIAL  RETAIL CUSTOMER. THIS SECTION SHALL NOT APPLY TO, OR OTHER-
WISE AFFECT, ANY GOVERNMENT BODY THAT AGGREGATES THE LOAD OF RESIDENTIAL
RETAIL CUSTOMERS AS PART  OF  A  COMMUNITY  CHOICE  AGGREGATION  PROGRAM
APPROVED  BY  THE  COMMISSION.  ANY  VIOLATION  OF THIS SECTION SHALL BE
DEEMED A DECEPTIVE ACT OR PRACTICE WITHIN THE MEANING OF  ARTICLE  TWEN-
TY-TWO-A OF THE GENERAL BUSINESS LAW, AND THE ATTORNEY GENERAL IS HEREBY
AUTHORIZED TO BRING AN ACTION UNDER SUCH ARTICLE TO ENFORCE THIS SECTION
AND  TO  OBTAIN CIVIL PENALTIES, INJUNCTIVE RELIEF, AND ANY OTHER RELIEF
AWARDED PURSUANT TO SUCH ARTICLE TWENTY-TWO-A.
  § 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09893-01-9

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The New York State Senate

senate Bill S3758

Sponsored By

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

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S3758 (ACTIVE) - Details

S3758 (ACTIVE) - Summary

S3758 (ACTIVE) - Sponsor Memo

S3758 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3758

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Sponsored By

Kevin S. Parker

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

Your Voice

Actions

S3758 (ACTIVE) - Details

S3758 (ACTIVE) - Summary

S3758 (ACTIVE) - Sponsor Memo

S3758 (ACTIVE) - Bill Text download pdf

Comments