N.Y. Public Service Law Section 66-T*2
Registration of energy brokers and energy consultants


1.

Definitions. For the purposes of this section, the following terms shall have the following meanings unless the context indicates otherwise:

a.

“Broker compensation” means any payment made to an energy broker or energy consultant for the purposes of securing or procuring of energy for the end-use customer, or advising on the securing or procuring of energy for the end-use consumer.

b.

“Customer disclosure label” means the statement an energy service company must provide a customer with whom it enters into a sales agreement pursuant to the rules and regulations of the public service commission.

c.

“Energy broker” means an entity that assumes the contractual and legal responsibility for the sale of electric supply service, transmission or other services to end-use retail customers, but does not take title to any of the electricity sold, or an entity that assumes the contractual and legal obligation to provide for the sale of natural gas supply service, transportation or other services to end-use retail customers, but does not take title to any of the natural gas sold.

d.

“Energy consultant” means any person, firm, association or corporation who acts as broker in soliciting, negotiating or advising any electric or natural gas contract, or acts as an agent in accepting any electric or natural gas contract on behalf of an ESCO.

e.

“Energy service company” or “ESCO” means an entity eligible to sell electricity and/or natural gas to end-use customers using the transmission or distribution system of a utility corporation.

2.

Acting without registering with the commission.

a.

(i) No person, firm, association or corporation shall act as an energy broker or energy consultant without first registering with the commission.

(ii)

Any person, firm, association or corporation who or which acts as an energy broker or energy consultant in violation of this subdivision shall, in addition to other penalties prescribed by law, be subject to a penalty not to exceed five thousand dollars for each violation.

b.

No person, firm, association or corporation shall identify or hold himself, herself or itself out to be an energy broker or energy consultant unless registered with the commission.

c.

No person shall accept any commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating an energy contract in this state if that person is required to be registered under this section and is not so registered, unless stated otherwise herein.

3.

Energy broker and energy consultant registration.

a.

An energy broker or energy consultant shall register with the commission authorizing such registered energy broker or energy consultant to act as an energy broker or energy consultant in a manner prescribed by the commission; provided that such:

(i)

energy broker demonstrates financial accountability as evidenced by a bond or other method of financial accountability in an amount not less than one hundred thousand dollars; and

(ii)

energy consultant demonstrates financial accountability as evidenced by a bond or other method of financial accountability in an amount not less than fifty thousand dollars.

b.

The commission may refuse to register or revoke a registration if, in the commission’s judgment, the energy broker or energy consultant registering has given cause for the revocation or suspension of operations.

c.

Each registered energy broker or energy consultant shall annually pay the commission a five hundred dollar registration fee.

d.

Each registered energy broker or energy consultant shall notify the commission upon changing his, her or its legal name.

4.

Disclosure of compensation.

a.

Energy brokers and energy consultants shall be required to disclose their form and amount of compensation to customers via a conspicuous statement on any such contract or agreement between the energy agent, energy consultant, energy broker or energy intermediary and its customer.

b.

If an energy service company collects broker compensation on behalf of an energy broker or energy consultant, such broker compensation shall be added as a provision to the customer disclosure label and shall reflect the amount and method of broker compensation.

5.

Rebates prohibited.

a.

No energy broker, energy consultant or any other person acting for or on behalf of the energy broker or energy consultant shall offer or make, directly or indirectly, any rebate of any portion of the fee, premium or charge made, or pay or give to any applicant, or to any person, firm, or corporation acting as agent, representative, attorney, or employee of the energy rate payer or any interest therein, either directly or indirectly, any commission, any part of its fees or charges, or any other consideration or valuable thing, as an inducement for, or as compensation for, any energy supply or energy-related business, nor shall any applicant, or any person, firm, or corporation acting as agent, representative, attorney, or employee of the energy rate payer or of the prospective energy rate payer or anyone having any interest in the real property knowingly receive, directly or indirectly, any such rebate or other consideration or valuable thing. Any person or entity who violates this subdivision shall be subject to a penalty equal to the greater of:

(i)

five thousand dollars; or

(ii)

up to ten times the amount of any compensation or rebate received or paid.

b.

For the purposes of this section, “an inducement for, or as compensation for, any energy supply business” shall mean a benefit given with the intention to compensate or offer compensation, directly or indirectly, for any past or present placement for a particular piece of energy supply or energy-related business to any applicant, or person, firm, or corporation acting as agent, representative, attorney, or employee of the energy rate payer, lessee, mortgagee or the prospective energy ratepayer, or any interest therein. Nothing contained in subdivision one of this section to the contrary shall prohibit any energy supplier corporation, energy broker, or energy consultant, or any other person acting for or on behalf of the energy service company, energy broker or energy consultant from undertaking any usual and customary marketing activity aimed at acquainting present and prospective customers with the advantages of using a particular energy supplier, energy broker, or energy consultant that are not intended for the purpose of a reward for the future placement of, or the past placement of, a particular piece of energy supply business. * NB There are 2 § 66-t’s

Source: Section 66-T*2 — Registration of energy brokers and energy consultants, https://www.­nysenate.­gov/legislation/laws/PBS/66-T*2 (updated Jun. 23, 2023; accessed Jul. 20, 2024).

64
Application of article
65
Safe and adequate service
65‑A
Notification to social services officials
65‑B
Service to persons applying for or receiving public assistance, supplemental security income benefits or additional state payments
66
General powers of commission in respect to gas and electricity
66‑A
Conservation of gas, declaration of policy, delegation of power
66‑B
Continuation of gas service
66‑C
Conservation of energy
66‑D
Contract carrier authorization
66‑E
Monitoring of natural gas procurement
66‑F
Purchase and procurement of natural gas at lowest available price
66‑G
Sale of indigenous natural gas for generation of electricity
66‑H
Certain electric corporations
66‑J
Net energy metering for residential solar, farm waste, non-residential solar electric generating systems, micro-combined heat and power g...
66‑K
Allowance credit trading or sales
66‑L
Net energy metering for residential, farm service and non-residential wind electric generating systems
66‑M
Green jobs-green New York on-bill recovery
66‑N
Net metering study
66‑O
Electric vehicle charging tariff
66‑P
Establishment of a renewable energy program
66‑Q
Gas and electric billing information for residential rental premises
66‑R
Requirements for certain renewable energy systems
66‑S
Electric vehicle charging
66‑T
Thermal energy network development
66‑T*2
Registration of energy brokers and energy consultants
66‑U
Gas safety reports
66‑V
Requirements for certain climate risk-related and energy transition projects
66‑W
Finality of charges
67
Inspection of gas and electric meters
67‑A
Charges for past services
68
Certificate of public convenience and necessity
68‑A
Statements of nature and extent of interests to be filed upon request
69
Approval of issues of stock, bonds and other forms of indebtedness
69‑A
Reorganizations
70
Transfer of franchises or stocks
70‑A
Street lights
71
Complaints as to quality and price of gas and electricity
72
Notice and hearing
72‑A
Increased fuel costs
73
Compensation to customers experiencing widespread prolonged outages
73‑A
Prioritization of emergency services
74
Energy storage deployment policy
74‑A
Westchester county renewable energy and energy efficiency resources program
74‑B
Long Island community choice aggregation programs
75
Defense in case of excessive charges for gas or electricity
76
Rates charged veteran organizations, religious bodies and community residences
77
Powers of local officers

Accessed:
Jul. 20, 2024

Last modified:
Jun. 23, 2023

§ 66-T*2’s source at nysenate​.gov

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