Relates to price comparisons of prices charged by energy services companies, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9438
 
                           I N  A S S E M B L Y
 
                              January 6, 2026
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Energy
 
 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
 A. 9438                             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.