S T A T E   O F   N E W   Y O R K
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                                   1091
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. PAULIN, DINOWITZ -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend the public service law, in relation to clarifying the
   mandatory time within which the public  service  commission  must  act
   upon petitions submitted by regulated entities and the citizenry

   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
 28 to read as follows:
   §  28.  PETITIONS;  TIME  PERIOD  FOR  ACTION  TO BE TAKEN. 1. FOR THE
 PURPOSES OF THIS SECTION, THE TERM:
   (A) "CUSTOMER" SHALL MEAN A CUSTOMER OR CONSUMER OF A UTILITY  SERVICE
 THAT IS REGULATED PURSUANT TO THIS CHAPTER, WHO SHALL BE EITHER AN INDI-
 VIDUAL;  A  GROUP OF INDIVIDUALS; THE MAYOR OF A CITY; THE TRUSTEES OF A
 VILLAGE; THE TOWN BOARD OF A TOWN; OR THE CHIEF EXECUTIVE OFFICE OR  THE
 LEGISLATIVE  BODY  OF  A  COUNTY.  FOR THE PURPOSES OF THIS SUBDIVISION,
 "CUSTOMER" SHALL INCLUDE THE DIVISION  OF  CONSUMER  PROTECTION  OF  THE
 DEPARTMENT OF STATE.
   (B)  "PETITION"  SHALL  MEAN  ANY  PETITION OR COMPLAINT FILED WITH OR
 SUBMITTED TO THE COMMISSION PURSUANT TO  THIS  CHAPTER  BY  A  CUSTOMER,
 ALLEGING OR RELATING TO:
   (I) THE FAILURE OR OMITTING TO DO ANYTHING REQUIRED OF A PUBLIC UTILI-
 TY COMPANY BY ANY PROVISION OF THIS CHAPTER, OR BY ANY REGULATIONS OR AN
 ORDER OF THE COMMISSION;
   (II)  ANY  ACTIONS  TAKEN  BY  A PUBLIC UTILITY COMPANY, ITS OFFICERS,
 EMPLOYEES OR AGENTS  THAT  ARE  CONTRARY  TO  OR  IN  VIOLATION  OF  THE
 PROVISIONS  OF  THIS CHAPTER; THE REGULATIONS OR AN ORDER OF THE COMMIS-
 SION; OR THE TERMS OR CONDITIONS OF THE  FRANCHISE  OR  CHARTER  OF  THE
 PUBLIC UTILITY COMPANY;
   (III) RATE CHARGES OR CLASSIFICATION OF SERVICE; OR
   (IV) THE ADEQUACY, EFFICIENCY OR RELIABILITY OF SERVICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00826-01-9

 A. 1091                             2
 
   SUCH TERM SHALL NOT MEAN OR INCLUDE ANY PETITION FILED OR SUBMITTED BY
 A  PUBLIC  UTILITY  CORPORATION  OR  ANY  CORPORATION  THAT  PROVIDES OR
 SUPPLIES UTILITY SERVICES PURSUANT TO THIS CHAPTER.
   2.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, AND
 EXCEPT WHERE A SHORTER TIME PERIOD IS REQUIRED PURSUANT TO THIS CHAPTER,
 THE COMMISSION SHALL COMPLETE ITS INVESTIGATION  AND  ISSUE  A  DETERMI-
 NATION  OR  DECISION  WITH RESPECT TO ANY PETITION WITHIN NINETY DAYS OF
 THE FILING OR SUBMISSION OF THE PETITION.
   (B) NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (A)  OF  THIS  SUBDIVI-
 SION,  IF  THE  PETITION  ALLEGES AN EMERGENCY OR SOME OTHER ACTION THAT
 THREATENS OR IMPACTS THE HEALTH OR SAFETY OF ANY PERSON OR THE SURROUND-
 ING AREA, THE COMMISSION SHALL MAKE A DETERMINATION AS SOON AS  POSSIBLE
 BUT  IN  NO EVENT MORE THAN THIRTY DAYS FROM THE DATE WHEN SUCH PETITION
 WAS FILED OR SUBMITTED.
   (C) IF THE COMMISSION IS UNABLE TO MEET THE TIME LIMITATIONS SET FORTH
 IN THIS SUBDIVISION, THE COMMISSION SHALL PREPARE AND SEND TO THE  PETI-
 TIONER  OR  COMPLAINANT  A  WRITTEN DOCUMENT STATING THE REASONS FOR THE
 FAILURE OR INABILITY OF THE COMMISSION TO COMPLY WITH THE  TIME  FRAMES,
 AND  THE  DATE  WHEN  A  DETERMINATION  WILL  BE  MADE,  EXCEPT THAT THE
 PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO PETITIONS  DESCRIBED  IN
 PARAGRAPH (B) OF THIS SUBDIVISION.
   (D)  NOTWITHSTANDING  ANY  PROVISION  OF  THIS SUBDIVISION AND OF THIS
 CHAPTER TO THE CONTRARY, IF THE PETITIONER OR  COMPLAINANT  REQUESTS  AN
 OPPORTUNITY  TO  BE HEARD ON THE PETITION, THE COMMISSION SHALL COMMENCE
 THE HEARING WITHIN TEN BUSINESS DAYS OF THE REQUEST AND SHALL  MAKE  ITS
 DETERMINATION  WITHIN THIRTY DAYS OF THE LAST DAY OF THE HEARING. IF THE
 COMMISSION DIRECTS THAT A HEARING BE  CONDUCTED  ON  THE  PETITION,  THE
 DECISION TO CONDUCT SUCH HEARING SHALL BE MADE WITHIN THIRTY DAYS OF THE
 INITIAL FILING OF THE PETITION, AND THE HEARING SHALL BE COMPLETED AND A
 DECISION  THEREON ISSUED WITHIN NINETY DAYS OF THE INITIAL FILING OF THE
 PETITION.
   3. ON OR BEFORE FEBRUARY FIFTEENTH OF EACH YEAR, THE COMMISSION  SHALL
 SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE  AND  THE CHAIRS OF SENATE AND ASSEMBLY
 COMMITTEES ON CORPORATIONS, AUTHORITIES AND COMMISSIONS SETTING FORTH:
   (A) THE TOTAL NUMBER OF PETITIONS FILED OR SUBMITTED WITH THE  COMMIS-
 SION IN THE PREVIOUS CALENDAR YEAR;
   (B) A BREAKDOWN OF SUCH PETITIONS BY UTILITY AND SUBJECT MATTER OF THE
 PETITION;
   (C)  THE  NUMBER  OF  SUCH  PETITIONS  UPHELD,  DISMISSED OR OTHERWISE
 RESOLVED, BROKEN DOWN BY UTILITY AND SUBJECT MATTER;
   (D) THE NUMBER AND PERCENTAGE OF PETITIONS THAT WERE UPHELD, DISMISSED
 OR RESOLVED WITHIN THE STATUTORY TIME FRAME; AND
   (E) IF APPLICABLE, THE NUMBER OF PETITIONS THAT WERE NOT COMPLETED  OR
 RESOLVED  WITHIN  THE  STATUTORY TIME FRAMES, THE REASONS FOR FAILURE TO
 MEET THE TIME FRAMES, AND THE AVERAGE LENGTH OF TIME FOR SUCH  PETITIONS
 TO BE FINALLY COMPLETED OR RESOLVED.
   4.  IF THE COMMISSION FAILS TO MEET OR COMPLY WITH THE TIME FRAMES SET
 FORTH IN THIS SUBDIVISION, THE PETITIONER OR COMPLAINANT MAY COMMENCE  A
 SPECIAL PROCEEDING AGAINST THE COMMISSION PURSUANT TO SUBDIVISION ONE OF
 SECTION SEVENTY-EIGHT HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
 A  PREVAILING  PETITIONER OR COMPLAINANT SHALL BE ENTITLED TO REASONABLE
 ATTORNEY'S FEES AND COURT COSTS.
   § 2. On or before the one hundred eightieth day  after  the  effective
 date  of  this act, the public service commission shall make or render a
 determination on any petition  or  complaint  that  was  filed  with  or

 A. 1091                             3
 
 submitted to such commission prior to the effective date of this act. As
 soon  as  reasonably  possible  after the end of the 180 day period, the
 public service commission shall issue a  report  to  the  governor,  the
 speaker  of  the assembly, the temporary president of the senate and the
 chairs of the senate and assembly standing committees  on  corporations,
 authorities  and  commissions  stating  the total number of petitions or
 complaints involved; the number of petitions or complaints dismissed  or
 resolved;  and if such commission is unable to meet this time frame, the
 reasons for the delay or inaction.
   § 3. Severability. If any provision of this act or its application  to
 any  person  or  circumstance  is held invalid, this invalidity does not
 affect other provisions or applications of this act that  can  be  given
 effect without the invalid provision or application, and to this end the
 provisions of this act are declared to be severable.
   § 4. This act shall take effect immediately.