BILL NUMBER:S602

TITLE OF BILL:
An act
to amend the public service law, in relation to requiring at least one
commissioner of the public service commission to have experience in
utility consumer advocacy

PURPOSE OR GENERAL IDEA OF BILL:
By requiring that at least one member of the Public Service Commission
must be an experienced consumer advocate, this bill will help restore
the effectiveness of that body in ensuring that public utilities
operate in the best interest of the public.

SUMMARY OF SPECIFIC PROVISIONS:
Bill §1 amends subdivision 1 of § 4 of the Public Service to add a
requirement that at least one commissioner of the Public Service
Commission (PSC) must have experience in utility consumer advocacy.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Other than provisions for political party balance, there are currently
no statutory standards for appointments to the PSC. This stands in
marked contrast to statutes in many other states, which provide
various mechanisms for determining qualifications for utility
regulators -- including requirements in two of our neighboring states
that at least one commissioner must have experience in consumer
              

protection and advocacy.

JUSTIFICATION:
The Public Service Commission is responsible for overseeing the
operations of "public utilities" -- providers of energy,
telecommunications and cable services that provide essential services
through the use of public rights-of-way and similar common resources.
It has long been recognized that, as was stated by then-Governor
Franklin Roosevelt in 1932, the PSC is not a "mere arbitrator" but
acts "as agent of the public" in seeing that utilities "do two
things: first, give people adequate service; second, charge
reasonable rates...."

In recent years, many people believe that the PSC has strayed from its
core mission of ensuring consumers receive adequate service at
reasonable rates. To rectify this situation, this legislation would
require that at least one PSC commissioner must have experience in
advocating for the interests of
utility consumers. This provision is already in force in the State of
Connecticut (C.O.S. 516-2). Another of our neighbors, Massachusetts,
similarly requires that one of its commissioners must have a
background and experience in consumer protection and advocacy issues
(Mass. Gen. Laws title 25, 52).

Placing a dedicated consumer representative on the PSC will help
ensure that the interests of working families, small businesses and
other rate payers are not subordinated to the interests of public
utilities and other commercial interests that are already
well-represented in PSC proceedings.

PRIOR LEGISLATIVE HISTORY:


2012: Senate Bill
2517 (Gianaris) - Died in Senate Rules Committee
2012: Assembly Bill
4905 (Simotas) - Died in Assembly Economic
Development Committee
2010: Assembly Bill
8406 (Gianaris) - Died in Assembly Economic
Development Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Thirtieth day after becoming law, and will apply to any appointments
to the PSC made on or after such date.