NY A03168

Energy services companies (ESCOs) may only enroll new or renew existing residential or small non-residential customers if the contract guarantees savings, offers a fixed-rate commodity at no more than 5% above the trailing twelve-month average utility rate, or provides renewable energy with at least 50% greater renewable mix than the ESCO's current obligation.

ESCOs must guarantee savings to all low-income customers and submit to the department a description of the customer's potential costs, assurance of no overpayment compared to the default utility, and a compliance process before enrollment.

ESCOs must obtain affirmative consent from customers before enrolling them in renewable energy contracts that do not guarantee savings.

ESCOs must provide customers with a transparency and disclosure statement showing the price per kilowatt-hour compared to the default utility price and the renewable energy content of each product offered, with the statement made publicly available on the ESCO's website.

Enrollment contracts must include a fourteen-point font customer notice disclosing what the customer would have paid to the default utility and assuring no overpayment; disclosure statements for each ESCO must be published on the Public Service Commission's website.