BILL NUMBER: S2155

SPONSOR: GIANARIS
 
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 Commis-
sion (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 advoca-
cy.

 
JUSTIFICATION:

The Public Service Commission is responsible for overseeing the oper-
ations 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 reason-
able 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 neigh-
bors, Massachusetts, similarly requires that one of its commissioners
must have a background and experience in consumer protection and advoca-
cy 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:

2018: Died in Energy and Telecommunications
2017: Died in Energy and Telecommunications
2016: Died in Energy and Telecommunications
2015: Died in Energy and Telecommunications
2014: Died in Energy and Telecommunications
2013: Senate Bi11602 (Gianaris) - Died in Senate Energy and Telecommuni-
cations Committee
2012: Senate Bill 2517 (Gianaris) - Died in Senate Rules Committee
2012: Assembly Bill 4905 (Simotas) - Died in Assembly Economic Develop-
ment Committee
2010: Assembly Bill 8406 (Gianaris) - Died in Assembly Economic Develop-
ment 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.