NY State Senate Bill 2013-S3236

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to energy and telecommunications
Jan 31, 2013	referred to energy and telecommunications

2013-S3236 (ACTIVE) - Details

See Assembly Version of this Bill:: A1247
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §24-c, Pub Serv L; add §97-llll, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7687, A8722
2011-2012: S1088, A27
2015-2016: S1090, A860
2017-2018: S3250, A17
2019-2020: S3605, A145
2021-2022: S3034, A873
2023-2024: S405, S8372, A7165, A8611

2013-S3236 (ACTIVE) - Summary

Relates to utility intervenor reimbursement.

2013-S3236 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3236

TITLE OF BILL:  An act to amend the public service law, in relation to
utility intervenor reimbursement; and to amend the state finance law in
relation to establishing the utility intervenor account

SUBJECT AND PURPOSE:  The purpose of this bill is to establish proce-
dural and substantive criteria for intervenor reimbursement to a partic-
ipant for its reasonable costs of participation in any proceeding before
the Public Service Commission (PSC).

SUMMARY AND DESCRIPTION OF PROVISIONS:  This bill would permit groups of
individuals or not-for-profit organizations that represent residential
or small business customers to apply for reimbursement of its costs for
reasonable advocate's fees, reasonable expert witness fees, and other
reasonable costs in a proceeding before the Public Service Commission
(PSC). The PSC would he authorized to determine appropriate application
procedures. This legislation would also provide for compensation to be
awarded in advance if the participant makes a showing of significant
financial hardship.

Section 1 of this legislation would establish definitions for "compen-
sation," "participant," "commission," "other reasonable costs," "party,"
"Proceeding," "significant financial hardship," "small business," and
"substantial contribution."

Subsection 2 of this legislation would establish requirements that
participants would need to include in its application to be submitted to
the PSC. This section would require a statement of planned partic-
ipation; description of anticipated advocate's fees, expert fees and
other costs; and, any other material required by the PSC. If partic-
ipation would impose significant financial hardship on the applicant,
evidence of such hardship must also be submitted.

Subsection 3 of this legislation would require the PSC, within seventy-
five days after the application has been filed, to issue a decision that
determines if the participant has made a substantial contribution to its
final decision. If the participant included evidence of substantial
financial hardship, the PSC would determine whether such showing was
made and the amount of compensation to be paid by the public utility or
utilities prior to the end of the proceeding. This section would author-
ize the PSC to recover any advance payments made if the participant
discontinues its Participation without the PSC's consent. This section
would establish the criteria in which compensation is calculated and
would require any unused compensation to be returned to the public util-
ity or utilities. This section would authorize the PSC to audit the
records and hooks of a participant that would claim significant finan-
cial hardship. This section would also authorize the PSC to require
participants to join their claims if they have substantially similar
interests.

Subsection 4 of this legislation would require a public utility or util-
ities subject to the proceeding to remit any compensation within thirty
days of the proceeding. The PSC would then remit such compensation to
the participant.

Subsection 5 of this legislation would authorize the Department to deny
any compensation to any participant who attempts to delay or obstruct
the proceeding.

Section 2 amends the state finance law establishes the utility interve-
nor account in the custody of the state comptroller and the commissioner
taxation and finance

Section 3 This act shall take effect on the 30th day after it shall have
become law.

JUSTIFICATION:  The intent of this legislation is to recognize and reme-
dy the fact that individual action by residential consumers and small
businesses for the purposes of participating in utility matters and
communicating their views is rendered impracticable by reason of the
disproportionate expense of taking such action.

PSC proceedings are offered in a way that minimizes public partic-
ipation. It is incredibly difficult for typical New Yorkers to remain on
top of the goings-on of the PSC. The Commission's usual meeting time is
10:30 a.m., a time when the average citizen or small business owner. is
not likely to participate. In many instances, the only people who can
attend on a regular basis are most likely those whose job depends on it,
such as representatives of the utilities and other special interests.

The legislation recognizes that citizen participation should be encour-
aged when government regulators set Policy. Individuals who seek to
participate in Public Service Commission (PSC) utility proceedings are
referred to as intervenors. Increased public participation through the
through the intervenor process, if sought and not fought, will spur a
more open and accountable government regulatory process that may yield
creative socially responsible solutions to difficult issues. This legis-
lation will provide a mechanism to allow residential and small business
utility customers to access financial resources to become active partic-
ipants in PSC proceedings. This includes the ability to receive compen-
sation of advocate fees, expert witness fees, and other reasonable costs
associated with their participation.

LEGISLATIVE HISTORY:  2011-12: S.1088 - Referred to Energy & Telecomm
2009-10: S.7687/A.8722 - Passed the Senate/Ways and Means

FISCAL IMPLICATIONS:  None to the State. Intervenor fees would be
provided by utilities.

EFFECTIVE DATE:  This legislation would be effective thirty days after
being signed into law.

2013-S3236 (ACTIVE) - Bill Text download pdf

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

                                  3236

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT to amend the public service law, in relation to utility interve-
  nor reimbursement; and to amend the state finance law in  relation  to
  establishing the utility intervenor account

  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  section
24-c to read as follows:
  S  24-C.    UTILITY  INTERVENOR  REIMBURSEMENT.  1.    AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "COMPENSATION" MEANS PAYMENT FROM THE UTILITY  INTERVENOR  ACCOUNT
FUND  ESTABLISHED BY SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW,
FOR ALL OR PART, AS DETERMINED BY THE DEPARTMENT,  OF  REASONABLE  ADVO-
CATE'S  FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE COSTS
FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
  (B) "PARTICIPANT" MEANS A GROUP OF PERSONS THAT APPLY JOINTLY  FOR  AN
AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
NOT-FOR-PROFIT  ORGANIZATION  IN  THIS  STATE AUTHORIZED PURSUANT TO ITS
ARTICLES OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF  RESI-
DENTIAL  OR  SMALL  BUSINESS  UTILITY  CUSTOMERS.  FOR  PURPOSES OF THIS
SECTION, A PARTICIPANT DOES NOT INCLUDE  A  NON-PROFIT  ORGANIZATION  OR
OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
UTILITY  OR  ITS  INVESTORS  OR EMPLOYEES, OR THE WELFARE OF ONE OR MORE
BUSINESSES OR INDUSTRIES WHICH RECEIVE UTILITY  SERVICE  ORDINARILY  AND
PRIMARILY  FOR  USE  IN  CONNECTION WITH THE PROFIT-SEEKING MANUFACTURE,
SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
  (C) "OTHER REASONABLE COSTS" MEANS REASONABLE  OUT-OF-POCKET  EXPENSES
DIRECTLY  INCURRED  BY  A  PARTICIPANT  THAT ARE DIRECTLY RELATED TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03528-01-3

S. 3236                             2

CONTENTIONS OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED  IN
A SUBSTANTIAL CONTRIBUTION.
  (D)  "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY, OR
COMMISSION STAFF IN A HEARING OR PROCEEDING.
  (E) "PROCEEDING" MEANS A COMPLAINT, OR INVESTIGATION,  RULEMAKING,  OR
OTHER  FORMAL  PROCEEDING  BEFORE THE COMMISSION, OR ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE  SPONSORED
OR  ENDORSED  BY THE COMMISSION, PROVIDED HOWEVER SUCH PROCEEDINGS SHALL
BE LIMITED TO THOSE ARISING UNDER AND PROCEEDING PURSUANT TO THE FOLLOW-
ING ARTICLES OF THIS CHAPTER: (1) THE REGULATION OF THE PRICE OF GAS AND
ELECTRICITY, PURSUANT TO ARTICLE FOUR OF THIS  CHAPTER;  (2)  THE  REGU-
LATION  OF  THE PRICE OF STEAM, PURSUANT TO ARTICLE FOUR-A OF THIS CHAP-
TER; (3) THE SUBMETERING, REMETERING OR RESALE OF ELECTRICITY  TO  RESI-
DENTIAL  PREMISES,  PURSUANT TO SECTION SIXTY-FIVE AND SIXTY-SIX OF THIS
CHAPTER, AND PURSUANT TO REGULATIONS REGARDING THE SUBMETERING, REMETER-
ING, OR RESALE OF ELECTRICITY ADOPTED BY THE COMMISSION;  AND  (4)  SUCH
SECTIONS  OF THIS CHAPTER AS ARE APPLICABLE TO A PROCEEDING IN WHICH THE
COMMISSION MAKES A FINDING  ON  THE  RECORD  THAT  THE  PUBLIC  INTEREST
REQUIRES  THE  REIMBURSEMENT OF UTILITY INTERVENOR FEES PURSUANT TO THIS
SECTION.
  (F) "SIGNIFICANT FINANCIAL HARDSHIP" MEANS THAT THE  PARTICIPANT  WILL
BE  UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF EFFEC-
TIVE PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES,  AND
OTHER REASONABLE COSTS OF PARTICIPATION.
  (G)  "SMALL  BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL REVENUE OF
TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
  (H) "SUBSTANTIAL CONTRIBUTION" MEANS THAT,  IN  THE  JUDGMENT  OF  THE
DEPARTMENT,  THE  PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY ASSIST THE
COMMISSION IN MAKING ITS DECISION BECAUSE  THE  DECISION  MAY  ADOPT  IN
WHOLE  OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS, OR
SPECIFIC POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED  BY
THE PARTICIPANT.
  2.  A  PARTICIPANT  MAY  APPLY FOR AN AWARD OF COMPENSATION UNDER THIS
SECTION IN A PROCEEDING IN WHICH  SUCH  PARTICIPANT  HAS  SOUGHT  ACTIVE
PARTY  STATUS  AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT SHALL DETER-
MINE APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH  APPLI-
CATIONS.    AT  THE TIME OF APPLICATION, SUCH PARTICIPANT SHALL SERVE ON
EVERY PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD  OF
COMPENSATION.
  AN APPLICATION SHALL INCLUDE:
  (A)  A  STATEMENT  OF  THE NATURE AND EXTENT AND THE FACTUAL AND LEGAL
BASIS OF THE PARTICIPANT'S PLANNED PARTICIPATION IN  THE  PROCEEDING  AS
FAR  AS  IT  IS  POSSIBLE TO DESCRIBE SUCH PARTICIPATION WITH REASONABLE
SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
  (B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
  (C) IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT  FINAN-
CIAL  HARDSHIP  AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO AN AWARD
OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
IN THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE  OF
SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
  (D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
  3.  (A)  WITHIN  THIRTY  DAYS  AFTER  THE FILING OF AN APPLICATION THE
DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES  WHETHER  OR  NOT  THE
PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN

S. 3236                             3

THE  HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
MENT SHALL DESCRIBE THIS  SUBSTANTIAL  CONTRIBUTION  AND  DETERMINE  THE
AMOUNT  OF  COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
  (B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF  THE  DEPART-
MENT  FINDS  THAT  THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
THE DEPARTMENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE
PROCEEDING TO PAY ALL OR PART OF THE COMPENSATION TO THE  DEPARTMENT  TO
BE  PROVIDED  TO  THE PARTICIPANT PRIOR TO THE END OF THE PROCEEDING. IN
THE EVENT THAT THE PARTICIPANT DISCONTINUES  ITS  PARTICIPATION  IN  THE
PROCEEDING  WITHOUT  THE CONSENT OF THE DEPARTMENT, THE DEPARTMENT SHALL
BE ENTITLED TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE  TO  SUCH
PARTICIPANT  TO  BE  REFUNDED  TO  THE  PUBLIC UTILITY OR UTILITIES THAT
PROVIDED SUCH PAYMENT.
  (C) THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF  THIS
SUBDIVISION  SHALL  TAKE  INTO  CONSIDERATION  THE  MARKET RATES PAID TO
PERSONS  OF  COMPARABLE  TRAINING  AND  EXPERIENCE  WHO  OFFER   SIMILAR
SERVICES.  THE  COMPENSATION  AWARDED  MAY  NOT, IN ANY CASE, EXCEED THE
COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
UTILITY, WHICHEVER IS GREATER, TO PERSONS  OF  COMPARABLE  TRAINING  AND
EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
  (D)  ANY  COMPENSATION  AWARDED  TO A PARTICIPANT AND NOT USED BY SUCH
PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE PUBLIC
UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
  (E) THE DEPARTMENT SHALL REQUIRE  THAT  PARTICIPANTS  SEEKING  PAYMENT
MAINTAIN  AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT OF
SUCH PROCEEDING.
  (I) THE DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES  TO  VERIFY
THE  CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT PURSU-
ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
  (II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
  (III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
IPANT'S RECORDS IN MAKING ANY AUDIT OR DETERMINING THE  AVAILABILITY  OF
FUNDS AFTER THE COMPLETION OF A PROCEEDING.
  (F)  IN  THE  EVENT THAT THE DEPARTMENT FINDS THAT TWO OR MORE PARTIC-
IPANTS' APPLICATIONS HAVE SUBSTANTIALLY SIMILAR INTERESTS,  THE  DEPART-
MENT  MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO RECEIVE
COMPENSATION.
  4. ANY COMPENSATION PURSUANT TO THIS SECTION  SHALL  BE  PAID  AT  THE
CONCLUSION  OF THE PROCEEDING BY THE PUBLIC UTILITY OR UTILITIES SUBJECT
TO THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE  REMIT-
TED  TO  THE  DEPARTMENT WHICH SHALL THEN REMIT SUCH COMPENSATION TO THE
PARTICIPANT.
  5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
TO DELAY OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF  THE  DEPART-
MENT'S RESPONSIBILITIES.
  S  2. The state finance law is amended by adding a new section 97-llll
to read as follows:
  S 97-LLLL. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY  ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A FUND  TO  BE  KNOWN  AS  THE  UTILITY  INTERVENOR
ACCOUNT.

S. 3236                             4

  2.  SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR REIMBURSEMENT
MONIES RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF  THE
PUBLIC SERVICE LAW.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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Senate Bill S3236

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2013-S3236 (ACTIVE) - Details

2013-S3236 (ACTIVE) - Summary

2013-S3236 (ACTIVE) - Sponsor Memo

2013-S3236 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3236

Share this bill

Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

2013-S3236 (ACTIVE) - Details

2013-S3236 (ACTIVE) - Summary

2013-S3236 (ACTIVE) - Sponsor Memo

2013-S3236 (ACTIVE) - Bill Text download pdf

Comments