S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1006
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by M. of A. DINOWITZ, GOTTFRIED, L. ROSENTHAL, JOYNER, RICH-
   ARDSON,  COLTON,  COOK,  GALEF,  PEOPLES-STOKES,  BARRETT,  ZEBROWSKI,
   CAHILL,  STECK, BICHOTTE, J. RIVERA, HUNTER, WALKER -- Multi-Sponsored
   by -- M. of A.  HYNDMAN, SIMON, THIELE -- read once  and  referred  to
   the Committee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05249-01-1

 A. 1006                             2
 
 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
 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.
   § 2. This act shall take effect immediately.