Senate bill · S3876 (2025-26)

Requires comparison of prices charged by energy services companies

Latest action Dec 19, 2025

Requires that a billing statement delivered to the customer by an energy services company include a side-by-side comparison showing both the price charged by the energy service company for commodity and delivery service during the prior billing period, and the price the customer would have paid had they taken commodity and delivery service from their local utility corporation or municipality; requires an energy service company to provide each of its customers with an annual statement comparing the price charged by the energy service company for commodity and delivery services and other energy-related value-added products over the prior twelve-month period with the price such customer would have paid had they taken commodity and delivery service from their local utility corporation or municipality.

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Where it stands

Signed into law.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A3875, the matching bill in the Assembly.

Amends the General Business Law.

Committee

Consumer Protection · New York State Senate

Also referred to Energy · New York State Assembly.

Purpose, from the sponsor's memo

Section 1 of this bill adds two new subdivisions 9 and 10 to Section 349-d of the General Business Law (Energy services company consumers bill of rights.) The new subdivision 9 would require a side-by-side comparison on the first page of ESCO customers' billing statements of the price the ESCO charged during the prior billing period, compared to the price the customer would have paid if they had received service from their local utility corporation or municipality. It would also require ESCOs to provide an itemized list of prices charged by the ESCO for any energy- related value-added products during such billing period. The new subdivision 10 would require ESCOs to provide their customers a yearly statement comparing the price they charged for goods and services during the prior year with the price the customer would have paid if they had received service from their local utility corporation or muni- cipality. Section 2 of the bill establishes the effective date.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Floor vote
NY SenateFeb 25, 2025Result: passed
(57) (4) (0) (2)
Vote: Committee vote · Consumer Protection
Senate Consumer ProtectionFeb 11, 2025Result: passed
(7) (0) (0) (0)

Cosponsors

Angelo Santabarbara, George Alvarez and 7 more on Agora

Democratic9

See the full list on nysenate.gov

The sponsor's argument

Why the sponsor says this is needed

Ever since New York began to de-regulate its retail energy market in the late 1990s, the State has allowed energy service companies (ESCOs) to sell energy to customers. These companies often promise that if custom- ers transition away from their utility to an ESCO, they will see a host of benefits including a reduced energy bill, greener energy, and other side benefits. However, the ESCO industry has shown itself over the years to be rife with fraud, abuse, and deceptive business practices, prompting the Department of Public Service to take steps to more closely regulate the industry throughout the past decade. The Legislature also passed a law in 2010 creating standards for ESCOs' marketing and business practices and requiring the Public Service Commission to create an ESCO Consumers' Bill of Rights. Despite these steps, evidence continues to show that the average ESCO customer consistently pays more for their electric and gas service than they would otherwise have paid if they received service from their util- ity. ESCO customers regularly complain that ESCOs will offer promotional rates or items enticing customers to switch, but provide little to no added benefit to customers and end up hiking rates significantly over the long term, often unbeknownst to customers. To protect New York's energy consumers, this bill would require ESCOs to provide an on-bill comparison of the rates they charge their customers and the rates the customers would have paid had they taken service from their local utility company or municipality. This will allow ESCOs who claim to provide a genuine benefit to their customers to demonstrate evidence backing up that claim on each bill, while providing notice to consumers who are being unfairly overcharged. The bill would also require ESCOs to provide an itemized list of the prices they charge for additional value-added products, and require them to provide their customers with a yearly statement comparing their rates with the local utility corporation or municipality's rates over the past twelve-month period.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

Dec 19, 2025
Approval MEMO.65
APPROVAL MEMO.65
NY Senate
Dec 19, 2025
Signed
SIGNED CHAP.685
NY Senate
Dec 8, 2025
Sent to the executive
DELIVERED TO GOVERNOR
NY Senate
Apr 30, 2025
Passed a chamber
PASSED ASSEMBLY
NY Assembly
Apr 30, 2025
Returned to Senate
RETURNED TO SENATE
NY Assembly

Show full history (13 earlier events)

Apr 1, 2025
Ordered to Third Reading CAL.74
ORDERED TO THIRD READING CAL.74
NY Assembly
Apr 1, 2025
Substituted
SUBSTITUTED BY S3876
NY Assembly
Mar 27, 2025
Advanced to Third Reading CAL.74
ADVANCED TO THIRD READING CAL.74
NY Assembly
Mar 25, 2025
Reported out of committee
REPORTED
NY Assembly
Mar 11, 2025
Reported out of committee
REPORTED REFERRED TO CODES
NY Assembly
Feb 25, 2025
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Feb 25, 2025
Passed a chamber
PASSED SENATE
NY Senate
Feb 25, 2025
Referred to committee
REFERRED TO ENERGY
NY Assembly
Feb 24, 2025
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
Feb 12, 2025
2ND Report CAL.
2ND REPORT CAL.
NY Senate
Feb 11, 2025
1ST Report CAL.319
1ST REPORT CAL.319
NY Senate
Jan 30, 2025
Referred to committee
REFERRED TO CONSUMER PROTECTION
NY Senate
Jan 30, 2025
Referred to committee
REFERRED TO ENERGY
NY Assembly

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Cosponsors: The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Party colors: Parties are shown in the same neutral colors.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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