STATE OF NEW YORK ________________________________________________________________________ 3168 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Energy AN ACT to amend the public service law, in relation to energy services companies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 66-u to read as follows: 3 § 66-u. Energy services companies. 1. Energy services companies or 4 "ESCO", as defined in paragraph (b) of subdivision one of section three 5 hundred forty-nine-d of the general business law, shall only enroll new 6 or renew existing residential or small non-residential customers in gas 7 or electric service if at least one of the following conditions is met: 8 (a) the enrollment contract guarantees savings over the utility price; 9 (b) enrollment is for a fixed-rate commodity product, priced at no 10 more than five percent greater than the trailing twelve-month average 11 utility supply rate; or 12 (c) enrollment is for a renewably sourced electric commodity product 13 that: 14 (i) has a renewable mix that is at least fifty percent greater than 15 the ESCO's current renewable energy standard obligation; and 16 (ii) the ESCO complies with the renewable energy standard locational 17 and delivery requirements when procuring renewable energy credits or 18 entering into bilateral contracts for renewable commodity supply. 19 2. An ESCO shall be required to guarantee savings to all low-income 20 customers. In order to provide service to a low-income customer, prior 21 to enrollment in a contract, an ESCO shall submit to the department a 22 description which includes, at minimum: 23 (a) a calculation of what the customer would have paid to the default 24 utility; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05731-01-3

A. 3168 2 1 (b) an assurance that the customer will be paying no more than they 2 would have paid to the default utility; and 3 (c) a description of how the ESCO will comply with reporting require- 4 ments in accordance with subdivision five of this section, including a 5 process for the department or customer to verify compliance with the 6 provisions of this section. 7 3. An ESCO shall receive affirmative consent from residential or small 8 non-residential customers prior to enrolling the customer into a 9 contract that provides renewable energy but does not guarantee savings. 10 4. An ESCO shall provide to customers a transparency of information 11 and disclosure statement with respect to pricing and commodity sourcing. 12 Such statement shall include calculations that show the price per kilo- 13 watt-hour the customer will pay and how that price compares with the 14 applicable default utility service price, the type of renewable energy 15 content in each product the ESCO offers and the percentage of renewable 16 electricity that will be advertised for that product. Such disclosure 17 statement shall be made publicly available on the ESCO's website. 18 5. The disclosure statement for each ESCO shall be made publicly 19 available on the commission's website. Such disclosure statement shall 20 include the relevant facts established and the reason for allowing the 21 ESCO to provide energy services to low-income customers. 22 6. Enrollment contracts between an ESCO and a customer, pursuant to 23 subdivisions one and two of this section, shall include a customer 24 notice statement in fourteen-point font. Such customer notice statement 25 shall disclose the calculation of what the customer would have paid to 26 the default utility and an assurance that the customer will be paying no 27 more than they would have paid to the default utility. 28 § 2. This act shall take effect immediately.

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