Senate Bill S8794

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8794
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation to the requirement
   to include a comparison of prices charged by energy services companies
   on a customer's billing statement; and to amend a chapter of the  laws
   of  2025  amending  the  general  business  law  relating to requiring
   comparison of prices charged by energy services companies, as proposed
   in legislative bills numbers S. 3876 and A. 3875, in relation  to  the
   effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 9 and 10 of section 349-d of the general busi-
 ness law, subdivision 9 as amended and subdivision  10  as  added  by  a
 chapter  of  the laws of 2025 amending the general business law relating
 to requiring comparison of prices charged by energy services  companies,
 as  proposed  in  legislative  bills  numbers  S.  3876 and A. 3875, are
 amended and a new subdivision 10-a is added to read as follows:
   9. (A) The first page of each billing statement from an ESCO delivered
 to the customer, [either] WHETHER by the ESCO directly [or], by a utili-
 ty 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] SERVICE AND THE PRICE CHARGED TO THE CUSTOMER FOR deliv-
 ery service during the prior billing period, and the price the  customer
 would  have paid had [they] THE CUSTOMER taken BOTH commodity and deliv-
 ery 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 SERVICE and THE PRICE
 CHARGED TO THE CUSTOMER FOR 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.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION TEN  OF  THIS
 SECTION,  "CUSTOMER"  SHALL  MEAN A PERSON RECEIVING RESIDENTIAL UTILITY
 SERVICE FROM AN ESCO OR A SMALL NON-RESIDENTIAL CUSTOMER, AS  THAT  TERM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07240-04-6
              

 S. 8794                             2
 
 IS  DEFINED  IN SECTION SIXTY-SIX-W OF THE PUBLIC SERVICE LAW, RECEIVING
 UTILITY SERVICE FROM AN ESCO.
   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] SERVICE, THE PRICE CHARGED TO THE CUSTOMER FOR
 DELIVERY SERVICE  and  ANY  other  energy-related  value-added  products
 CHARGED TO THE CUSTOMER AS A CUSTOMER OF THE ESCO over the prior twelve-
 month  period  with  the  price such customer would have paid had [they]
 SUCH CUSTOMER taken BOTH commodity and delivery service from [their] THE
 local utility corporation or municipality, as applicable, for such peri-
 od. Such statement shall convey such information in a manner that  unam-
 biguously  conveys  whether  the  customer  is  saving money or paying a
 premium for service from the ESCO over such period.
   10-A. (A) ESCOS SHALL BE RESPONSIBLE FOR ANY COSTS INCURRED BY A UTIL-
 ITY CORPORATION OR MUNICIPALITY TO COMPLY WITH SUBDIVISIONS NINE AND TEN
 OF THIS SECTION, AND ANY SUCH COSTS INCURRED BY A UTILITY CORPORATION OR
 MUNICIPALITY SHALL BE RECOVERABLE FROM THE ESCO, IN A MANNER  PRESCRIBED
 BY THE PUBLIC SERVICE COMMISSION. ESCOS SHALL NOT RECOVER ANY COSTS FROM
 CUSTOMERS  RELATED  TO COMPLIANCE WITH SUBDIVISIONS NINE AND TEN OF THIS
 SECTION.
   (B) FOR THE PURPOSES OF THIS  SUBDIVISION,  "CUSTOMER"  SHALL  MEAN  A
 PERSON RECEIVING ENERGY SERVICE FROM AN ESCO.
   §  2.  Section 2 of a chapter of the laws of 2025 amending the general
 business law relating to requiring comparison of prices charged by ener-
 gy services companies, as proposed in legislative bills numbers S.  3876
 and A. 3875, is amended to read as follows:
   § 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 OR
 INITIATED BY THE PUBLIC SERVICE COMMISSION on or before such date.
   § 3. This act shall take effect immediately; provided that section one
 of this act shall take effect on the same date and in the same manner as
 a chapter of the laws of 2025 amending the general business law relating
 to requiring comparison of prices charged by energy services  companies,
 as  proposed  in  legislative  bills  numbers S. 3876 and A. 3875, takes
 effect.