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A5224Assembly2017-2018 SessionSame asS1046

Require Clear Energy Pricing

Official title

“Relates to changes in energy service pricing”

Status
Assembly Floor Calendar
Impact
4/10
Low
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · Jan 3

What's happening

This bill requires energy service companies to get express customer consent for material contract changes and provide detailed price disclosures during contract renewals.

Why it matters

  1. Strengthens consumer protection by requiring that any significant changes to an energy service contract—including price changes or switching between fixed and variable rates—cannot be made without the customer's explicit consent. This helps prevent customers from being locked into less favorable terms without their knowledge.

  2. Mandates greater transparency during contract renewals by requiring energy service companies to disclose, in writing, both the current and proposed renewal price, the price charged by the local utility, and resources for comparing bills. This empowers customers to make informed decisions and easily compare their current service to other available options.

  3. Limits the ability of energy service companies to charge termination or renewal fees unless customers have provided express consent to new material terms, or if they object promptly to a contract renewal. This provision helps protect customers from unexpected charges or penalties tied to contract changes they did not actively agree to.

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Who cares

Headline styles

Require Clear Energy Pricing

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Ordered to third reading cal.366
  2. Advanced to third reading cal.218
  3. Reported
  4. Referred to consumer affairs and protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S1046Senate

Require Energy Price Transparency

In Senate Committee · Consumer Protection · Sponsor Rich Funke

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5224

2017-2018 Regular Sessions

IN ASSEMBLY

February 7, 2017

Introduced by M. of A. DINOWITZ, RICHARDSON, M. G. MILLER, JOYNER, MOSLEY, COLTON, COOK, GALEF, PEOPLES-STOKES, JENNE, BARRETT, ZEBROW- SKI, GOTTFRIED, TITONE, CAHILL, STECK, BICHOTTE, RIVERA, BLAKE, HUNT- ER, ROSENTHAL, HOOPER -- Multi-Sponsored by -- M. of A. HIKIND, HYND- MAN, LIFTON, MAGEE, 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 Assembly, do enact as follows:

Section 1. Subdivisions 6 and 7 of section 349-d of the general business 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 additional guidelines, practices, rules or regulations governing the renewal process.

7. In every contract for energy services and in all marketing materials provided to prospective purchasers of such contracts, all variable

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03756-01-7

A. 5224 2

charges shall be clearly and conspicuously identified. In any notice regarding contract renewability, the provider shall disclose the following 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.