Assembly Bill A10406

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10406
 
                           I N  A S S E M B L Y
 
                               March 3, 2026
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- 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.  Legislative  findings.  The  legislature hereby finds and
 declares that rising energy 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 develop-
 ment, expansion and promotion of accessible and affordable  programs  to
 assist  small  businesses in energy conservation, energy efficiency, and
 increased use of renewable resources, and by ensuring  equitable  treat-
 ment of small businesses 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 empire state development corporation to  assist  small  busi-
 nesses 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 equi-
 table 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  OF  SMALL
 BUSINESS  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.
                                                            LBD11014-03-6
              

 A. 10406                            2
 
   2. THE SMALL BUSINESS ENERGY ASSISTANCE AND ADVOCACY SERVICES PROGRAM,
 IN CONSULTATION 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  AND ENERGY EFFICIENCY NEEDS OF SMALL
 BUSINESSES;
   B.  PROVIDE 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  COMMISSION,  INVESTOR-
 OWNED  UTILITIES AND OTHER ENTITIES REGARDING THE DEVELOPMENT AND IMPLE-
 MENTATION OF ENERGY ASSISTANCE PROGRAMS AND ON THE IMPACT OF STATE ENER-
 GY POLICY ON SMALL BUSINESSES;
   C. 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;
   D.  ACCEPT AND INVESTIGATE COMPLAINTS OF ANY KIND FROM ALL SMALL BUSI-
 NESS CUSTOMERS INCLUDING THOSE FROM THE  LONG  ISLAND  POWER  AUTHORITY,
 ATTEMPT  TO MEDIATE SUCH COMPLAINTS WHERE APPROPRIATE DIRECTLY WITH SUCH
 AUTHORITY AND REFER COMPLAINTS TO THE APPROPRIATE STATE OR LOCAL  AGENCY
 AUTHORIZED BY LAW TO TAKE ACTION WITH RESPECT TO SUCH COMPLAINTS; AND
   E.  HOLD  QUARTERLY  FORUMS  IN EACH OF THE SERVICE TERRITORIES OF THE
 COMBINATION GAS AND ELECTRIC CORPORATIONS, AS DEFINED UNDER SECTION  TWO
 OF  THE  PUBLIC  SERVICE  LAW,  AND  THE  LONG ISLAND POWER AUTHORITY TO
 EDUCATE SMALL BUSINESS OWNERS  ABOUT  UTILITY-RELATED  MATTERS  AND  THE
 REGULATORY  PROCESS,  OPPORTUNITIES  TO  LOWER  ENERGY  COSTS, INCLUDING
 THROUGH ENERGY EFFICIENCY AND DISTRIBUTED GENERATION, AND OTHER  MATTERS
 AFFECTING SMALL BUSINESS OWNERS.
   3.  THE SMALL BUSINESS ENERGY ASSISTANCE AND ADVOCACY SERVICES PROGRAM
 SHALL INITIATE, INTERVENE IN, OR PARTICIPATE IN ANY  PROCEEDINGS  BEFORE
 THE  PUBLIC  SERVICE  COMMISSION OR THE DEPARTMENT OF PUBLIC SERVICE, TO
 THE EXTENT AUTHORIZED BY SECTION  THREE-B,  TWENTY-FOUR-A,  SEVENTY-ONE,
 EIGHTY-FOUR  OR NINETY-SIX OF THE PUBLIC SERVICE LAW OR ANY OTHER APPLI-
 CABLE PROVISION OF LAW, WHERE THE DIVISION DEEMS SUCH INITIATION, INTER-
 VENTION OR PARTICIPATION TO BE NECESSARY OR APPROPRIATE, AND  MAY  ADVO-
 CATE  BEFORE  ANY  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.
   4. BEGINNING IN THE CALENDAR YEAR FOLLOWING THE EFFECTIVE DATE OF THIS
 SECTION, AND CONTINUING ANNUALLY ON OR BEFORE MARCH FIFTEENTH, THE DIVI-
 SION SHALL REPORT TO THE GOVERNOR AND THE LEGISLATURE ON ANY ACTIONS  IT
 HAS TAKEN PURSUANT TO THIS SECTION, AND ANY RECOMMENDATIONS FOR LEGISLA-
 TIVE,  STATE  REGULATORY, AND/OR BUDGETARY MEASURES THE DIVISION HAS FOR
 IMPROVING ENERGY AFFORDABILITY AND ENERGY  EFFICIENCY  FOR  SMALL  BUSI-
 NESSES.
   §  3.  The  section  heading  and subdivision 1 of section 24-a of the
 public service law, as amended by section 47 of part A of chapter 62  of
 the laws of 2011, are amended to read as follows:
   Notice  to  be  given to department of state AND THE DIVISION OF SMALL
 BUSINESS prior to rate increase.
   1. Notwithstanding any inconsistent general, special or local  law  or
 rule  or  regulation to the contrary, the commission shall to the extent
 A. 10406                            3
 
 the department shall so request in any cases or  class  of  cases,  give
 notice to the department AND THE DIVISION OF SMALL BUSINESS of any filed
 statement  proposing  to modify or increase rates, services, schedule of
 rates  or any other rating rule or to adopt or amend any rate or service
 rules or regulations within five days after the  commission  shall  have
 received  such  statement  from any utility subject to its jurisdiction;
 provided, however, that in lieu of giving such  notice,  the  commission
 may  direct  that the utility give such notice to the department AND THE
 DIVISION OF SMALL BUSINESS.
   § 4. 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 OF SMALL
 BUSINESS,  or upon a complaint of a gas corporation or electrical corpo-
 ration 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
 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.
   § 5. 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 OF 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
 A. 10406                            4
 
 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.
   § 6. Subdivision 3 of section 96 of the public service law, as amended
 by section 51 of part A of chapter 62 of the laws of 2011, is amended to
 read as follows:
   3.  Complaints  may  be  made  to  the commission by the department of
 state, THE DIVISION OF SMALL BUSINESS, or by any person  or  corporation
 aggrieved,  by  petition  or complaint in writing, setting forth any act
 done or omitted to be done by any  telegraph  corporation  or  telephone
 corporation alleged to be in violation of the terms or conditions of its
 franchise or charter or of any order of the commission. Upon the presen-
 tation  of such a complaint the commission shall cause a copy thereof to
 be forwarded to the person or corporation complained  of  which  may  be
 accompanied by an order directed to such person or corporation requiring
 that  the  matters  complained  of  be  satisfied or that the charges be
 answered in writing within a time to be specified by the commission.  If
 the  person  or  corporation complained of shall make reparation for any
 injury alleged and shall cease to commit or permit the violation of law,
 franchise, charter or order charged in the complaint, if any  there  be,
 and shall notify the commission of that fact before the time allowed for
 answer, the commission need take no further action upon the charges. If,
 however,  the  charges  contained in such petition be not thus satisfied
 and it shall appear to the commission that there are reasonable  grounds
 therefor,  it  shall investigate such charges in such manner and by such
 means as it shall deem proper and take such action within its powers  as
 the facts in its judgment justify.
   § 7. 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  and
 completed on or before such effective date.