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Assembly requires notice and consumer acknowledgment for ESCO material changes

May 09, 2026 | 2026 Legislature NY, New York


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Assembly requires notice and consumer acknowledgment for ESCO material changes
Sponsor Dinowitz described legislation that would declare a change in price or type of price for an energy service to be a material change requiring consumer acknowledgment and disclosure. The bill requires ESCOs to provide written notice of renewal terms and inform customers they may decline renewal no less than 30 and no more than 60 days prior to renewal.

Members asked whether a certified-letter return receipt counts as acknowledgment; the sponsor said it likely would. Members also pressed whether heating-fuel vendors were covered; the sponsor said the bill applies to ESCOs (energy service companies) and not necessarily to other heating vendors.

Opponents, including Republican conference members, argued the change could eliminate options for variable-rate offers and impose significant administrative burdens, possibly increasing costs for ratepayers. Supporters said the measure increases transparency and protects consumers from unexpected price changes.

The Assembly recorded a roll-call and passed the bill.

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