S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2197
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, OTIS -- read once and referred to the
   Committee on Energy
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00763-01-3
              

 A. 2197                             2
 
   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
 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 to be made on or
 before such date.