NY State Senate Bill 2019-S2423

Senate Bill S2423

2019-2020 Legislative Session

Relates to providing notice to local elected officials for any hearing related to a water rate increase

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to energy and telecommunications
Jan 24, 2019	referred to energy and telecommunications

2019-S2423 (ACTIVE) - Details

See Assembly Version of this Bill:: A1784
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §89-c, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8903
2021-2022: S4189, A2678

2019-S2423 (ACTIVE) - Summary

Requires that the public service commission provide notice to local United States congressional members, state senators, state assembly members, and municipal elected officials for any hearing related to a water rate increase.

2019-S2423 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2423

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the public service law, in relation to providing notice
to local elected officials for any hearing related to a water rate
increase

 
SUMMARY OF PROVISIONS:

Section one is amended to require the Public Service Commission to noti-
fy the local United States congressional representatives, state
senators, state assembly members and municipal elected officials whenev-
er a waterworks corporation requests a hearing related to any rate,
charge or service change.

 
JUSTIFICATION:

Public hearings are often called as a way to assert or legitimize
controversial decisions taken in several important areas of governmental

planning. Moreover, in cases where the public's opinion is not reflected
in the final decision, by presenting information on the topic and
answering public questions, public hearings may also serve to sway the
public in favor of officials' proposed decisions or else communicate why
a certain course of action may be taken.

Public deliberation affects the quality of a legislative proposal and
makes it more legitimate. However, current law undercuts the integrity
of these discussions since it dictates that the commission notify the
parties they believe will be affected by a water rate increase. To have
regulations in place that do not promote the inclusion of elected offi-
cials, at all levels, is a detriment to those charged with executing a
decision that reflects imminent economic hardships to those areas
served.

An elected official is the culmination of a district's socio-economic
needs and wants and currently there are no regulations in place requir-
ing the commission to notify them of hearings that will increase the
rate for basic commodities in their districts. When elected officials
are the receivers of constituent issues, ideas and solutions these offi-
cials should be charged with representing them at these hearings.

 
LEGISLATIVE HISTORY:

A. 8903 of 2017/2018; Referred to Corporations, Authorities and Commis-
sions

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2019-S2423 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2423
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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 providing notice
   to local elected officials for any hearing related  to  a  water  rate
   increase

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (f) of subdivision 10  of  section  89-c  of  the
 public  service  law,  as amended by chapter 154 of the laws of 1989, is
 amended to read as follows:
   (f) Whenever there shall be filed with the commission  by  any  water-
 works  corporation  any  schedule  stating  a new rate or charge, or any
 change in any form of contract or agreement or any  rule  or  regulation
 relating  to any rate, charge or service, or in any general privilege or
 facility, the commission may, at any time within  sixty  days  from  the
 date  when  such  schedule  would  or  has become effective, either upon
 complaint or upon its own initiative, and,  if  it  so  orders,  without
 answer  or other formal pleading by the interested corporation, but upon
 reasonable notice, hold a hearing concerning the propriety of  a  change
 proposed by the filing. If such change is a major change, the commission
 shall  hold  such  a  hearing.  THE COMMISSION SHALL GIVE NOTICE OF SUCH
 HEARING TO THE LOCAL UNITED STATES CONGRESSIONAL REPRESENTATIVES,  STATE
 SENATORS, STATE ASSEMBLY MEMBERS, AND MUNICIPAL ELECTED OFFICIALS. Pend-
 ing  such hearing and decision thereon, the commission, upon filing with
 such schedule and delivering  to  the  corporation  affected  thereby  a
 statement  in writing of its reasons therefor, may suspend the operation
 of such schedule, but not for a longer period than one hundred and twen-
 ty days beyond the time when it would otherwise go into effect. After  a
 full  hearing,  whether completed before or after the schedule goes into
 effect, the commission may make such order in reference thereto as would
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04608-01-9

 S. 2423                             2
 
 be proper in a proceeding begun after the rate, charge, form of contract
 or agreement, rule, regulation, service, general privilege  or  facility
 had become effective. If any such hearing cannot be concluded within the
 period  of  suspension  as  above  stated, the commission may extend the
 suspension for a further period not exceeding six months.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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