NY State Assembly Bill 2013-A6239B

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2014	referred to finance delivered to senate passed assembly
Apr 07, 2014	amended on third reading (t) 6239b
Feb 10, 2014	amended on third reading 6239a
Jan 08, 2014	ordered to third reading cal.289 returned to assembly died in senate
Jun 18, 2013	referred to rules delivered to senate passed assembly
Jun 12, 2013	ordered to third reading rules cal.231 rules report cal.231 reported
Jun 10, 2013	reported referred to rules
Apr 16, 2013	reported referred to ways and means
Mar 19, 2013	referred to consumer affairs and protection

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

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2013-A6239 - Details

See Senate Version of this Bill:: S4550
Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add Art 1-A §§28-a - 28-d, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A180, S3356
2017-2018: A7293, S3923
2019-2020: A1966, S4399

2013-A6239 - Summary

Creates the state office of the utility consumer advocate to represent interests of residential utility customers.

2013-A6239 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6239

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2013
                               ___________

Introduced  by  M. of A. DINOWITZ, PAULIN, BRENNAN, MILLMAN -- read once
  and referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the  executive  law  and  the  public  service  law,  in
  relation to creating the state office of the utility consumer advocate

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section  94-a  of  the  executive  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  THE  SECRETARY,  UPON  ADVICE  OF THE STATE OFFICE OF THE UTILITY
CONSUMER ADVOCATE, SHALL PROVIDE TO THE DEPARTMENT OF PUBLIC SERVICE  AN
ESTIMATE  PRIOR  TO THE START OF EACH FISCAL YEAR OF THE TOTAL COSTS AND
EXPENSES, EXCEPT ANY FUNDS APPROPRIATED  FOR  THE  UTILITY  INTERVENTION
UNIT, INCLUDING THE COMPENSATION AND EXPENSES OF THE STATE OFFICE OF THE
UTILITY  CONSUMER  ADVOCATE,  ITS  OFFICERS,  AGENTS  AND EMPLOYEES, AND
INCLUDING THE COST OF RETIREMENT CONTRIBUTIONS, SOCIAL SECURITY,  HEALTH
AND  DENTAL INSURANCE, SURVIVOR'S BENEFITS, WORKERS' COMPENSATION, UNEM-
PLOYMENT INSURANCE AND OTHER FRINGE BENEFITS REQUIRED TO BE PAID BY  THE
STATE  FOR  THE  PERSONNEL  OF  THE STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE, AND INCLUDING ALL OTHER ITEMS  OF  MAINTENANCE  AND  OPERATION
EXPENSES, AND ALL OTHER DIRECT AND INDIRECT COSTS.
  S  2.  Paragraph (a) of subdivision 4 of section 94-a of the executive
law, as added by section 21 of part A of chapter 62 of the laws of 2011,
is amended to read as follows:
  (a) There is established within the division a  state  utility  inter-
vention  unit  AND  THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE TO
REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY  CUSTOMERS.  THE  UTILITY
CONSUMER  ADVOCATE,  WHO  SHALL  HEAD  THE  STATE  OFFICE OF THE UTILITY
CONSUMER ADVOCATE, SHALL BE APPOINTED BY THE GOVERNOR TO A TERM  OF  SIX
YEARS,  SUBJECT  TO  SENATE  CONFIRMATION. THE UTILITY CONSUMER ADVOCATE
SHALL POSSESS KNOWLEDGE AND EXPERIENCE IN MATTERS AFFECTING  RESIDENTIAL
UTILITY  CUSTOMERS, SHALL BE RESPONSIBLE FOR THE DIRECTION, CONTROL, AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09713-02-3

A. 6239                             2

OPERATION OF THE UTILITY INTERVENTION  UNIT,  INCLUDING  ITS  HIRING  OF
STAFF   AND   RETENTION   OF  EXPERTS  FOR  ANALYSIS  AND  TESTIMONY  IN
PROCEEDINGS. THE UTILITY CONSUMER ADVOCATE SHALL NOT BE  REMOVED  EXCEPT
FOR  CAUSE.  EXERCISE OF INDEPENDENT JUDGMENT IN ADVOCATING POSITIONS ON
BEHALF OF RESIDENTIAL UTILITY CUSTOMERS SHALL NOT CONSTITUTE  CAUSE  FOR
REMOVAL OF THE UTILITY CONSUMER ADVOCATE.
  S  3.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision 4 of
section 94-a of the executive law, as amended by chapter 8 of  the  laws
of 2012, are amended to read as follows:
  (i)  [on  behalf of the secretary,] initiate, intervene in, or partic-
ipate ON BEHALF OF RESIDENTIAL  UTILITY  CUSTOMERS  in  any  proceedings
before  the  public  service  commission,  [to  the extent authorized by
sections twenty-four-a, seventy-one, eighty-four or  ninety-six  of  the
public service law or any other applicable provision of law,] THE FEDER-
AL  ENERGY REGULATORY COMMISSION, THE FEDERAL COMMUNICATIONS COMMISSION,
FEDERAL, STATE AND LOCAL ADMINISTRATIVE  AND  REGULATORY  AGENCIES,  AND
STATE  AND  FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT MAY SUBSTAN-
TIALLY AFFECT THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS, INCLUDING,
BUT NOT LIMITED TO, A PROPOSED  CHANGE  OF  RATES,  CHARGES,  TERMS  AND
CONDITIONS  OF  SERVICE, THE ADOPTION OF RULES, REGULATIONS, GUIDELINES,
ORDERS, STANDARDS OR FINAL POLICY DECISIONS where [he or she] THE UTILI-
TY CONSUMER ADVOCATE deems  such  initiation,  intervention  or  partic-
ipation to be necessary or appropriate;
  (ii)  represent  the  interests  of  [consumers]  RESIDENTIAL  UTILITY
CUSTOMERS of the state before federal, state  and  local  administrative
and  regulatory agencies engaged in the regulation of energy, TELECOMMU-
NICATIONS, WATER AND OTHER UTILITY services, AND BEFORE STATE AND FEDER-
AL COURTS IN ACTIONS AND PROCEEDINGS TO REVIEW THE ACTIONS OF  UTILITIES
OR  ORDERS  OF  UTILITY  REGULATORY  AGENCIES.  ANY ACTION OR PROCEEDING
BROUGHT BY THE UTILITY CONSUMER ADVOCATE BEFORE A  COURT  OR  AN  AGENCY
SHALL BE BROUGHT IN THE NAME OF THE STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE.  THE  UTILITY  CONSUMER  ADVOCATE  MAY JOIN WITH A RESIDENTIAL
UTILITY CUSTOMER OR GROUP OF RESIDENTIAL UTILITY CUSTOMERS  IN  BRINGING
AN ACTION; and
  S  4. Subdivision 4 of section 94-a of the executive law is amended by
adding a new paragraph (c) to read as follows:
  (C) (I) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON THE  UTILITY
CONSUMER  ADVOCATE,  HE OR SHE IS AUTHORIZED, AND IT SHALL BE HIS OR HER
DUTY TO REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY  CUSTOMERS  AS  A
PARTY,  OR  OTHERWISE  PARTICIPATE  FOR  THE PURPOSE OF REPRESENTING THE
INTERESTS OF SUCH CUSTOMERS BEFORE ANY AGENCIES OR COURTS. HE OR SHE MAY
INITIATE PROCEEDINGS IF IN HIS OR HER JUDGMENT DOING SO MAY BE NECESSARY
IN CONNECTION WITH ANY MATTER INVOLVING THE  ACTIONS  OR  REGULATION  OF
PUBLIC  UTILITY  COMPANIES WHETHER ON APPEAL OR OTHERWISE INITIATED. THE
UTILITY CONSUMER ADVOCATE MAY MONITOR ALL CASES BEFORE REGULATORY  AGEN-
CIES  IN THE UNITED STATES, INCLUDING THE FEDERAL COMMUNICATIONS COMMIS-
SION AND THE FEDERAL ENERGY REGULATORY COMMISSION THAT AFFECT THE INTER-
ESTS OF RESIDENTIAL UTILITY CUSTOMERS OF  THE  STATE  AND  MAY  FORMALLY
PARTICIPATE  IN  THOSE PROCEEDINGS WHICH IN HIS OR HER JUDGMENT WARRANTS
SUCH PARTICIPATION.
  (II) THE UTILITY CONSUMER ADVOCATE SHALL EXERCISE HIS OR HER INDEPEND-
ENT DISCRETION IN  DETERMINING  THE  INTERESTS  OF  RESIDENTIAL  UTILITY
CUSTOMERS THAT WILL BE ADVOCATED IN ANY PROCEEDING AND DETERMINE WHETHER
TO  PARTICIPATE  IN  OR  INITIATE ANY PROCEEDING AND, IN SO DETERMINING,
SHALL CONSIDER THE PUBLIC INTEREST, THE  RESOURCES  AVAILABLE,  AND  THE

A. 6239                             3

SUBSTANTIALITY  OF THE EFFECT OF THE PROCEEDING ON THE INTEREST OF RESI-
DENTIAL UTILITY CUSTOMERS.
  S  5.  Paragraph  (a)  of  subdivision 2 of section 18-a of the public
service law, as amended by section 2 of part NN of  chapter  59  of  the
laws of 2009, is amended to read as follows:
  (a)  The  chairman of the department shall estimate prior to the start
of each state fiscal year the total costs and  expenses,  including  the
compensation  and  expenses  of the commission and the department, their
officers, agents and employees, and including  the  cost  of  retirement
contributions,  social security, health and dental insurance, survivor's
benefits, workers' compensation, unemployment insurance and other fringe
benefits required to be paid by the  state  for  the  personnel  of  the
commission  and the department, and including all other items of mainte-
nance and operation expenses, and all other direct and  indirect  costs.
Based  on  such estimates, the chairman shall determine the amount to be
paid by each assessed  public  utility  company  and  a  bill  shall  be
rendered  to  each  such public utility company.   BASED ON THE ESTIMATE
PROVIDED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF  SECTION  NINE-
TY-FOUR-A  OF THE EXECUTIVE LAW, THE CHAIRMAN SHALL DETERMINE THE AMOUNT
TO BE PAID BY EACH ASSESSED PUBLIC UTILITY COMPANY AND A BILL  SHALL  BE
RENDERED TO EACH SUCH PUBLIC UTILITY COMPANY.
  S  6. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

co-Sponsors

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multi-Sponsors

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2013-A6239A - Details

See Senate Version of this Bill:: S4550
Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add Art 1-A §§28-a - 28-d, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A180, S3356
2017-2018: A7293, S3923
2019-2020: A1966, S4399

2013-A6239A - Summary

Creates the state office of the utility consumer advocate to represent interests of residential utility customers.

2013-A6239A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6239--A
                                                        Cal. No. 289

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2013
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  PAULIN, BRENNAN, MILLMAN, CRESPO,
  JACOBS, KEARNS, MOSLEY, ROSENTHAL, SEPULVEDA, COLTON,  PERRY,  ZEBROW-
  SKI,  COOK,  GOTTFRIED, MAYER, OTIS, GALEF, JAFFEE, HENNESSEY, CAHILL,
  ABINANTI, HEVESI, STECK, STIRPE, McDONALD, GUNTHER, MONTESANO,  ROBIN-
  SON, MARKEY, SKARTADOS, LUPARDO, RAIA, BRINDISI, WEPRIN -- Multi-Spon-
  sored by -- M. of A.  ARROYO, CLARK, ENGLEBRIGHT, GLICK, RIVERA, ROSA,
  SCHIMEL, THIELE, WEISENBERG -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection -- advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third reading

AN  ACT  to  amend  the  executive  law  and  the public service law, in
  relation to creating the state office of the utility consumer advocate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section  94-a of the executive law is
amended by adding a new paragraph (d) to read as follows:
  (D) THE SECRETARY, UPON ADVICE OF THE  STATE  OFFICE  OF  THE  UTILITY
CONSUMER  ADVOCATE, SHALL PROVIDE TO THE DEPARTMENT OF PUBLIC SERVICE AN
ESTIMATE PRIOR TO THE START OF EACH FISCAL YEAR OF THE TOTAL  COSTS  AND
EXPENSES,  EXCEPT  ANY  FUNDS  APPROPRIATED FOR THE UTILITY INTERVENTION
UNIT, INCLUDING THE COMPENSATION AND EXPENSES OF THE STATE OFFICE OF THE
UTILITY CONSUMER ADVOCATE,  ITS  OFFICERS,  AGENTS  AND  EMPLOYEES,  AND
INCLUDING  THE COST OF RETIREMENT CONTRIBUTIONS, SOCIAL SECURITY, HEALTH
AND DENTAL INSURANCE, SURVIVOR'S BENEFITS, WORKERS' COMPENSATION,  UNEM-
PLOYMENT  INSURANCE AND OTHER FRINGE BENEFITS REQUIRED TO BE PAID BY THE
STATE FOR THE PERSONNEL OF THE STATE  OFFICE  OF  THE  UTILITY  CONSUMER
ADVOCATE,  AND  INCLUDING  ALL  OTHER ITEMS OF MAINTENANCE AND OPERATION
EXPENSES, AND ALL OTHER DIRECT AND INDIRECT COSTS.
  S 2. Paragraph (a) of subdivision 4 of section 94-a of  the  executive
law, as added by section 21 of part A of chapter 62 of the laws of 2011,
is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD09713-05-4

A. 6239--A                          2

  (a)  There  is  established within the division a state utility inter-
vention unit AND THE STATE OFFICE OF THE UTILITY  CONSUMER  ADVOCATE  TO
REPRESENT  THE  INTERESTS  OF RESIDENTIAL UTILITY CUSTOMERS. THE UTILITY
CONSUMER ADVOCATE, WHO SHALL  HEAD  THE  STATE  OFFICE  OF  THE  UTILITY
CONSUMER  ADVOCATE,  SHALL BE APPOINTED BY THE GOVERNOR TO A TERM OF SIX
YEARS, SUBJECT TO SENATE CONFIRMATION.  THE  UTILITY  CONSUMER  ADVOCATE
SHALL  POSSESS KNOWLEDGE AND EXPERIENCE IN MATTERS AFFECTING RESIDENTIAL
UTILITY CUSTOMERS, SHALL BE RESPONSIBLE FOR THE DIRECTION, CONTROL,  AND
OPERATION  OF  THE  UTILITY  INTERVENTION  UNIT, INCLUDING ITS HIRING OF
STAFF  AND  RETENTION  OF  EXPERTS  FOR  ANALYSIS   AND   TESTIMONY   IN
PROCEEDINGS.  THE  UTILITY CONSUMER ADVOCATE SHALL NOT BE REMOVED EXCEPT
FOR CAUSE. EXERCISE OF INDEPENDENT JUDGMENT IN ADVOCATING  POSITIONS  ON
BEHALF  OF  RESIDENTIAL UTILITY CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR
REMOVAL OF THE UTILITY CONSUMER ADVOCATE.
  S 3. Subparagraphs (i) and (ii) of paragraph (b) of subdivision  4  of
section 94-a of the executive law, as amended by section 12 of part A of
chapter 173 of the laws of 2013, are amended to read as follows:
  (i)  [on  behalf of the secretary,] initiate, intervene in, or partic-
ipate ON BEHALF OF RESIDENTIAL  UTILITY  CUSTOMERS  in  any  proceedings
before  the  public  service  commission  or  the  department  of public
service, INCLUDING, BUT NOT LIMITED to the extent authorized by sections
three-b, twenty-four-a, seventy-one, eighty-four or  ninety-six  of  the
public service law or any other applicable provision of law, THE FEDERAL
ENERGY  REGULATORY  COMMISSION,  THE  FEDERAL COMMUNICATIONS COMMISSION,
FEDERAL, STATE AND LOCAL ADMINISTRATIVE  AND  REGULATORY  AGENCIES,  AND
STATE  AND  FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT MAY SUBSTAN-
TIALLY AFFECT THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS, INCLUDING,
BUT NOT LIMITED TO, A PROPOSED  CHANGE  OF  RATES,  CHARGES,  TERMS  AND
CONDITIONS  OF  SERVICE, THE ADOPTION OF RULES, REGULATIONS, GUIDELINES,
ORDERS, STANDARDS OR FINAL POLICY DECISIONS where [he or she] THE UTILI-
TY CONSUMER ADVOCATE deems  such  initiation,  intervention  or  partic-
ipation to be necessary or appropriate;
  (ii)  represent  the  interests  of  [consumers]  RESIDENTIAL  UTILITY
CUSTOMERS of the state before federal, state  and  local  administrative
and  regulatory agencies engaged in the regulation of energy [services],
TELECOMMUNICATIONS, WATER AND OTHER UTILITY SERVICES, AND  BEFORE  STATE
AND  FEDERAL  COURTS IN ACTIONS AND PROCEEDINGS TO REVIEW THE ACTIONS OF
UTILITIES OR ORDERS  OF  UTILITY  REGULATORY  AGENCIES.  ANY  ACTION  OR
PROCEEDING BROUGHT BY THE UTILITY CONSUMER ADVOCATE BEFORE A COURT OR AN
AGENCY  SHALL  BE BROUGHT IN THE NAME OF THE STATE OFFICE OF THE UTILITY
CONSUMER ADVOCATE. THE UTILITY CONSUMER ADVOCATE MAY JOIN WITH  A  RESI-
DENTIAL  UTILITY  CUSTOMER  OR GROUP OF RESIDENTIAL UTILITY CUSTOMERS IN
BRINGING AN ACTION;
  S 4. Subdivision 4 of section 94-a of the executive law is amended  by
adding a new paragraph (c) to read as follows:
  (C)  (I) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON THE UTILITY
CONSUMER ADVOCATE, HE OR SHE IS AUTHORIZED, AND IT SHALL BE HIS  OR  HER
DUTY  TO  REPRESENT  THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS AS A
PARTY, OR OTHERWISE PARTICIPATE FOR  THE  PURPOSE  OF  REPRESENTING  THE
INTERESTS OF SUCH CUSTOMERS BEFORE ANY AGENCIES OR COURTS. HE OR SHE MAY
INITIATE PROCEEDINGS IF IN HIS OR HER JUDGMENT DOING SO MAY BE NECESSARY
IN  CONNECTION  WITH  ANY  MATTER INVOLVING THE ACTIONS OR REGULATION OF
PUBLIC UTILITY COMPANIES WHETHER ON APPEAL OR OTHERWISE  INITIATED.  THE
UTILITY  CONSUMER ADVOCATE MAY MONITOR ALL CASES BEFORE REGULATORY AGEN-
CIES IN THE UNITED STATES, INCLUDING THE FEDERAL COMMUNICATIONS  COMMIS-
SION AND THE FEDERAL ENERGY REGULATORY COMMISSION THAT AFFECT THE INTER-

A. 6239--A                          3

ESTS  OF  RESIDENTIAL  UTILITY  CUSTOMERS  OF THE STATE AND MAY FORMALLY
PARTICIPATE IN THOSE PROCEEDINGS WHICH IN HIS OR HER  JUDGMENT  WARRANTS
SUCH PARTICIPATION.
  (II) THE UTILITY CONSUMER ADVOCATE SHALL EXERCISE HIS OR HER INDEPEND-
ENT  DISCRETION  IN  DETERMINING  THE  INTERESTS  OF RESIDENTIAL UTILITY
CUSTOMERS THAT WILL BE ADVOCATED IN ANY PROCEEDING AND DETERMINE WHETHER
TO PARTICIPATE IN OR INITIATE ANY PROCEEDING  AND,  IN  SO  DETERMINING,
SHALL  CONSIDER  THE  PUBLIC  INTEREST, THE RESOURCES AVAILABLE, AND THE
SUBSTANTIALITY OF THE EFFECT OF THE PROCEEDING ON THE INTEREST OF  RESI-
DENTIAL UTILITY CUSTOMERS.
  S  5.  Paragraph  (a)  of  subdivision 2 of section 18-a of the public
service law, as amended by section 2 of part A of  chapter  173  of  the
laws of 2013, is amended to read as follows:
  (a)  The  chairman of the department shall estimate prior to the start
of each state fiscal year the total costs and  expenses,  including  the
compensation  and  expenses  of the commission and the department, their
officers, agents and employees, and including  the  cost  of  retirement
contributions,  social security, health and dental insurance, survivor's
benefits, workers' compensation, unemployment insurance and other fringe
benefits required to be paid by the  state  for  the  personnel  of  the
commission  and the department, and including all other items of mainte-
nance and operation expenses, and all other direct and  indirect  costs.
Based  on  such estimates, the chairman shall determine the amount to be
paid by each assessed public utility company and the Long  Island  power
authority  and  a  bill  shall  be  rendered to each such public utility
company and authority. BASED ON THE ESTIMATE PROVIDED PURSUANT TO  PARA-
GRAPH  (D)  OF SUBDIVISION TWO OF SECTION NINETY-FOUR-A OF THE EXECUTIVE
LAW, THE CHAIRMAN SHALL DETERMINE THE AMOUNT TO BE PAID BY EACH ASSESSED
PUBLIC UTILITY COMPANY AND THE LONG ISLAND POWER AUTHORITY  AND  A  BILL
SHALL BE RENDERED TO EACH SUCH PUBLIC UTILITY COMPANY.
  S  6.  This  act  shall take effect on April 1, 2015; provided however
that if section 12 of part A of chapter 173 of the laws  of  2013  shall
not  have taken effect on or before such date then section three of this
act shall take effect on the same date and in the same  manner  as  such
chapter of the laws of 2013 takes effect.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2013-A6239B (ACTIVE) - Details

See Senate Version of this Bill:: S4550
Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Add Art 1-A §§28-a - 28-d, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A180, S3356
2017-2018: A7293, S3923
2019-2020: A1966, S4399

2013-A6239B (ACTIVE) - Summary

Creates the state office of the utility consumer advocate to represent interests of residential utility customers.

2013-A6239B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6239--B
                                                        Cal. No. 289

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2013
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  PAULIN, BRENNAN, MILLMAN, CRESPO,
  JACOBS, KEARNS, MOSLEY, ROSENTHAL, SEPULVEDA, COLTON,  PERRY,  ZEBROW-
  SKI,  COOK,  GOTTFRIED, MAYER, OTIS, GALEF, JAFFEE, HENNESSEY, CAHILL,
  ABINANTI, HEVESI, STECK, STIRPE, McDONALD, GUNTHER, MONTESANO,  ROBIN-
  SON,  MARKEY,  SKARTADOS,  LUPARDO,  RAIA, BRINDISI, WEPRIN, LIFTON --
  Multi-Sponsored by -- M. of  A.  ARROYO,  CLARK,  ENGLEBRIGHT,  GLICK,
  RIVERA, ROSA, SCHIMEL, THIELE, WEISENBERG -- read once and referred to
  the  Committee  on  Consumer  Affairs  and Protection -- advanced to a
  third reading, amended and ordered reprinted, retaining its  place  on
  the  order of third reading -- again amended on third reading, ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the public service law,  in  relation  to  creating  the
  state office of the utility consumer advocate

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The public service law is amended by adding a new  article
1-A to read as follows:
                               ARTICLE 1-A
            THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
SECTION 28-A. DEFINITIONS.
        28-B. ESTABLISHMENT  OF THE STATE OFFICE OF THE UTILITY CONSUMER
                ADVOCATE.
        28-C. POWERS OF THE STATE OFFICE OF THE UTILITY  CONSUMER  ADVO-
                CATE.
        28-D. REPORTS.
  S  28-A.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE:   (A) "DEPARTMENT"
MEANS THE DEPARTMENT OF PUBLIC SERVICE.
  (B) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
  (C) "RESIDENTIAL UTILITY CUSTOMER" MEANS ANY PERSON  WHO  IS  SOLD  OR
OFFERED FOR SALE RESIDENTIAL UTILITY SERVICE BY A UTILITY COMPANY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09713-07-4

A. 6239--B                          2

  (D)  "UTILITY  COMPANY" MEANS ANY PERSON OR ENTITY OPERATING AN AGENCY
FOR PUBLIC SERVICE, INCLUDING, BUT NOT  LIMITED  TO,  THOSE  PERSONS  OR
ENTITIES  SUBJECT  TO  THE  JURISDICTION,  SUPERVISION  AND  REGULATIONS
PRESCRIBED BY OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER.
  S  28-B.  ESTABLISHMENT  OF  THE  STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE. THERE IS ESTABLISHED THE STATE OFFICE OF THE UTILITY  CONSUMER
ADVOCATE  TO  REPRESENT  THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS.
THE UTILITY CONSUMER ADVOCATE SHALL BE APPOINTED BY THE  GOVERNOR  TO  A
TERM OF SIX YEARS, UPON THE ADVICE AND CONSENT OF THE SENATE. THE UTILI-
TY  CONSUMER  ADVOCATE SHALL POSSESS KNOWLEDGE AND EXPERIENCE IN MATTERS
AFFECTING RESIDENTIAL UTILITY CUSTOMERS AND SHALL BE RESPONSIBLE FOR THE
DIRECTION, CONTROL, AND OPERATION OF THE STATE  OFFICE  OF  THE  UTILITY
CONSUMER  ADVOCATE,  INCLUDING  ITS  HIRING  OF  STAFF  AND RETENTION OF
EXPERTS FOR ANALYSIS AND TESTIMONY IN PROCEEDINGS. THE UTILITY  CONSUMER
ADVOCATE  SHALL  NOT BE REMOVED FOR CAUSE, BUT MAY BE REMOVED ONLY AFTER
NOTICE AND OPPORTUNITY TO BE HEARD, AND ONLY FOR  PERMANENT  DISABILITY,
MALFEASANCE, A FELONY, OR CONDUCT INVOLVING MORAL TURPITUDE. EXERCISE OF
INDEPENDENT  JUDGMENT  IN  ADVOCATING POSITIONS ON BEHALF OF RESIDENTIAL
UTILITY CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE  UTILITY
CONSUMER ADVOCATE.
  S  28-C.  POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE.
THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL HAVE  THE  POWER
AND  DUTY  TO:  (A)  INITIATE, INTERVENE IN, OR PARTICIPATE ON BEHALF OF
RESIDENTIAL UTILITY CUSTOMERS IN ANY PROCEEDINGS BEFORE THE  COMMISSION,
THE  FEDERAL  ENERGY  REGULATORY  COMMISSION, THE FEDERAL COMMUNICATIONS
COMMISSION, FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGEN-
CIES, AND STATE AND FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT  MAY
SUBSTANTIALLY  AFFECT  THE  INTERESTS  OF RESIDENTIAL UTILITY CUSTOMERS,
INCLUDING, BUT NOT LIMITED TO, A  PROPOSED  CHANGE  OF  RATES,  CHARGES,
TERMS  AND  CONDITIONS  OF  SERVICE, THE ADOPTION OF RULES, REGULATIONS,
GUIDELINES, ORDERS, STANDARDS OR FINAL POLICY DECISIONS WHERE THE UTILI-
TY CONSUMER ADVOCATE DEEMS  SUCH  INITIATION,  INTERVENTION  OR  PARTIC-
IPATION TO BE NECESSARY OR APPROPRIATE;
  (B)  REPRESENT  THE  INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS OF THE
STATE BEFORE FEDERAL, STATE  AND  LOCAL  ADMINISTRATIVE  AND  REGULATORY
AGENCIES ENGAGED IN THE REGULATION OF ENERGY, TELECOMMUNICATIONS, WATER,
AND  OTHER  UTILITY  SERVICES,  AND  BEFORE  STATE AND FEDERAL COURTS IN
ACTIONS AND PROCEEDINGS TO REVIEW THE ACTIONS OF UTILITIES OR ORDERS  OF
UTILITY  REGULATORY  AGENCIES.  ANY  ACTION OR PROCEEDING BROUGHT BY THE
UTILITY CONSUMER ADVOCATE BEFORE A COURT OR AN AGENCY SHALL  BE  BROUGHT
IN  THE  NAME  OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE. THE
UTILITY CONSUMER ADVOCATE MAY JOIN WITH A RESIDENTIAL  UTILITY  CUSTOMER
OR GROUP OF RESIDENTIAL UTILITY CUSTOMERS IN BRINGING AN ACTION;
  (C)  (I) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON THE UTILITY
CONSUMER ADVOCATE, HE OR SHE IS AUTHORIZED, AND IT SHALL BE HIS  OR  HER
DUTY  TO  REPRESENT  THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS AS A
PARTY, OR OTHERWISE PARTICIPATE FOR  THE  PURPOSE  OF  REPRESENTING  THE
INTERESTS OF SUCH CUSTOMERS BEFORE ANY AGENCIES OR COURTS. HE OR SHE MAY
INITIATE PROCEEDINGS IF IN HIS OR HER JUDGMENT DOING SO MAY BE NECESSARY
IN  CONNECTION  WITH  ANY  MATTER INVOLVING THE ACTIONS OR REGULATION OF
PUBLIC UTILITY COMPANIES WHETHER ON APPEAL OR OTHERWISE  INITIATED.  THE
UTILITY  CONSUMER ADVOCATE MAY MONITOR ALL CASES BEFORE REGULATORY AGEN-
CIES IN THE UNITED STATES, INCLUDING THE FEDERAL COMMUNICATIONS  COMMIS-
SION AND THE FEDERAL ENERGY REGULATORY COMMISSION THAT AFFECT THE INTER-
ESTS  OF  RESIDENTIAL  UTILITY  CUSTOMERS  OF THE STATE AND MAY FORMALLY

A. 6239--B                          3

PARTICIPATE IN THOSE PROCEEDINGS WHICH IN HIS OR HER  JUDGMENT  WARRANTS
SUCH PARTICIPATION.
  (II) THE UTILITY CONSUMER ADVOCATE SHALL EXERCISE HIS OR HER INDEPEND-
ENT  DISCRETION  IN  DETERMINING  THE  INTERESTS  OF RESIDENTIAL UTILITY
CUSTOMERS THAT WILL BE ADVOCATED  IN  ANY  PROCEEDING,  AND  DETERMINING
WHETHER  TO  PARTICIPATE IN OR INITIATE ANY PROCEEDING AND, IN SO DETER-
MINING, SHALL CONSIDER THE PUBLIC INTEREST, THE RESOURCES AVAILABLE, AND
THE SUBSTANTIALITY OF THE EFFECT OF THE PROCEEDING ON  THE  INTEREST  OF
RESIDENTIAL UTILITY CUSTOMERS;
  (D)  REQUEST  AND  RECEIVE  FROM ANY STATE OR LOCAL AUTHORITY, AGENCY,
DEPARTMENT OR DIVISION  OF  THE  STATE  OR  POLITICAL  SUBDIVISION  SUCH
ASSISTANCE,  PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER DOCUMENTATION
AND COOPERATION NECESSARY TO PERFORM ITS DUTIES; AND
  (E) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
EFFICIENTLY CARRY OUT ITS WORK.
  S 28-D. REPORTS. ON JULY FIRST,  TWO  THOUSAND  FIFTEEN  AND  ANNUALLY
THEREAFTER,  THE  STATE  OFFICE  OF  THE UTILITY CONSUMER ADVOCATE SHALL
ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT
AVAILABLE TO THE PUBLIC FREE OF CHARGE ON A PUBLICLY AVAILABLE  WEBSITE,
CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
  (A)  ALL  PROCEEDINGS  THAT  THE  STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE PARTICIPATED IN AND THE OUTCOME OF  SUCH  PROCEEDINGS,  TO  THE
EXTENT OF SUCH OUTCOME AND IF NOT CONFIDENTIAL;
  (B)  ESTIMATED  SAVINGS TO RESIDENTIAL UTILITY CONSUMERS THAT RESULTED
FROM INTERVENTION BY THE STATE OFFICE OF THE UTILITY CONSUMER  ADVOCATE;
AND
  (C) POLICY RECOMMENDATIONS AND SUGGESTED STATUTORY AMENDMENTS THAT THE
STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE DEEMS NECESSARY.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

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Assembly Bill A6239B

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A6239 - Details

2013-A6239 - Summary

2013-A6239 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A6239A - Details

2013-A6239A - Summary

2013-A6239A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2013-A6239B (ACTIVE) - Details

2013-A6239B (ACTIVE) - Summary

2013-A6239B (ACTIVE) - Bill Text download pdf

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Assembly Bill A6239B

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Sponsored By

DINOWITZ

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Amy Paulin

James F. Brennan

Joan Millman

Marcos Crespo

multi-Sponsors

Carmen E. Arroyo

Barbara Clark

Steven Englebright

Deborah Glick

2013-A6239 - Details

2013-A6239 - Summary

2013-A6239 - Bill Text download pdf

co-Sponsors

Amy Paulin

James F. Brennan

Joan Millman

Marcos Crespo

multi-Sponsors

Carmen E. Arroyo

Barbara Clark

Steven Englebright

Deborah Glick

2013-A6239A - Details

2013-A6239A - Summary

2013-A6239A - Bill Text download pdf

co-Sponsors

Amy Paulin

James F. Brennan

Joan Millman

Marcos Crespo

multi-Sponsors

Carmen E. Arroyo

Barbara Clark

Steven Englebright

Deborah Glick