NY State Senate Bill 2021-S8537

Senate Bill S8537

2021-2022 Legislative Session

Creates the utility consumer advocate of the Long Island office of the department of public service

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2022	referred to energy and telecommunications

2021-S8537 (ACTIVE) - Details

See Assembly Version of this Bill:: A4389
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §3-c, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A11037
2023-2024: A3366
2025-2026: A2469

2021-S8537 (ACTIVE) - Summary

Creates the utility consumer advocate of the Long Island office of the department of public service to advocate and to represent the interests of residential Long Island utility customers.

2021-S8537 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8537

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to amend the public service law, in relation to creating the
utility consumer advocate of the Long Island office of the department of
public service

 
PURPOSE:

Establishing the office of, and duties and powers of, a Long Island
utility consumer advocate.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public service law by adding "§ 3-c. Utility
consumer advocate of the Long Island office of the department of public
service." Subsection 1 of the proposed § 3-c contains definitions to be
used throughout the section.

Subsection 2 establishes the utility consumer advocate of the Long

Island office of the department of public service, who shall "advocate
and represent the interests of residential Long Island utility custom-
ers." Subsection 2 additionally sets out the six year term of appoint-
ment, which shall occur via gubernatorial nomination including consulta-
tion with the county executives of Nassau and Suffolk counties, and with
consent of the state senate. Subsection 2 also contains clauses designed
to maintain the independence of the Long Island utility consumer advo-
cate.

Subsection 3 sets out the powers and duties of the office. These include
initiating, intervening, or participating in any appropriate proceeding
before the PSC, FERC, FCC, or another relevant agency - and the requi-
site courts - "in any matter or proceeding that may substantially affect
the interests of residential Long Island utility customers." Said repre-
sentation of the interests of the residential utility customers of Long
Island shall also include "actions and proceedings to review the actions
of utilities or orders of utility regulatory agencies."

The advocate will also have the duty of representing Long Island resi-
dential utility customers as a party in any relevant court proceedings.
The advocate will exercise independent discretion based on their duty to
the residential utility customers. Their powers shall also include the
ability to request and receive materials from other state and local
governmental entities when it is so required for them to fulfill their
duties.

Subsection 4 details the annual report requirements of the advocate and
office. Said annual report shall include details on the number, nature,
and outcome of the proceedings the office participated in, estimated
savings for residential consumers that resulted from intervention in
various proceedings, and policy recommendations.

Section 2 of the bill states the effective date shall be the first April
1st to occur after bill passage.

 
JUSTIFICATION:

Public advocates exist in our political system for circumstances when
typical governmental and market forces have failed to produce a suffi-
cient outcome for the betterment of our citizenry. Public utilities are
a vital and necessary service which no citizen of this state should have
to worry about the ability to afford and budget for. Unfortunately, the
existing group of utility providers - and relevant regulating agencies
have had a long history of failing to produce the best outcomes for the
almost three million residents of Nassau and Suffolk counties.

Utilities are both costly and a basic necessity, which creates the
conundrum we find ourselves in. In a system with so many different
stakeholders attempting-to accomplish varying goals and objectives, it
comes as no surprise that what's in the best interest of residential
utility customers often gets lost in the quagmire of rate profitability,
industry best practices, environmental protection, energy consumption
protocols and goals, and the various other considerations that are
entangled in proceedings involving utilities and their respective regu-
latory agencies in the courts. This is why a fully independent Long
Island public utility advocate is vital for ensuring affordable, reli-
able, sustainable, and quality utilities are available to all popu-
lations of Long Island.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
The next April 1st after the bill is signed into law.

2021-S8537 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8537
 
                             I N  S E N A T E
 
                               March 9, 2022
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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 creating the
   utility consumer advocate of the Long Island office of the  department
   of public service
 
   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
 3-c to read as follows:
   §  3-C.  UTILITY  CONSUMER  ADVOCATE  OF THE LONG ISLAND OFFICE OF THE
 DEPARTMENT OF PUBLIC SERVICE. 1. DEFINITIONS. WHEN USED IN THIS SECTION:
   (A) "OFFICE" MEANS THE LONG ISLAND OFFICE OF THE DEPARTMENT OF  PUBLIC
 SERVICE.
   (B) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
   (C)  "RESIDENTIAL  LONG ISLAND UTILITY CUSTOMER" MEANS ANY RESIDENT OF
 NASSAU OR SUFFOLK COUNTY WHO IS SOLD OR  OFFERED  FOR  SALE  RESIDENTIAL
 UTILITY SERVICE BY A UTILITY COMPANY.
   (D)  "UTILITY  COMPANY" MEANS ANY PERSON OR ENTITY OPERATING AN AGENCY
 FOR PUBLIC SERVICE, INCLUDING, BUT NOT  LIMITED  TO,  THOSE  PERSONS  OR
 ENTITIES  SUBJECT  TO  THE  JURISDICTION,  SUPERVISION  AND  REGULATIONS
 PRESCRIBED BY OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER.
   2. ESTABLISHMENT OF THE UTILITY CONSUMER ADVOCATE OF THE  LONG  ISLAND
 OFFICE  OF  THE  DEPARTMENT  OF PUBLIC SERVICE. THERE IS ESTABLISHED THE
 UTILITY CONSUMER ADVOCATE OF THE LONG ISLAND OFFICE OF THE DEPARTMENT OF
 PUBLIC SERVICE TO ADVOCATE AND TO REPRESENT THE INTERESTS OF RESIDENTIAL
 LONG ISLAND UTILITY CUSTOMERS. THE CONSUMER ADVOCATE SHALL BE  APPOINTED
 BY  THE  GOVERNOR TO A TERM OF SIX YEARS, UPON THE RECOMMENDATION OF THE
 COUNTY EXECUTIVES OF NASSAU AND SUFFOLK COUNTIES AND UPON THE ADVICE AND
 CONSENT OF THE SENATE. THE UTILITY CONSUMER ADVOCATE SHALL POSSESS KNOW-
 LEDGE AND EXPERIENCE IN MATTERS AFFECTING RESIDENTIAL LONG ISLAND UTILI-
 TY CUSTOMERS AND SHALL BE RESPONSIBLE FOR  THE  DIRECTION,  CONTROL  AND
 OPERATION  OF  THE  OFFICE  OF UTILITY CONSUMER ADVOCATE FOR THE OFFICE,
 INCLUDING ITS HIRING OF STAFF AND RETENTION OF EXPERTS FOR ANALYSIS  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08070-01-1
 S. 8537                             2
 
 TESTIMONY  IN  PROCEEDINGS.  THE  UTILITY CONSUMER ADVOCATE SHALL NOT BE
 REMOVED FOR CAUSE BUT MAY BE REMOVED ONLY AFTER NOTICE  AND  OPPORTUNITY
 TO BE HEARD, AND ONLY FOR PERMANENT DISABILITY, MALFEASANCE, A FELONY OR
 CONDUCT  INVOLVING  MORAL TURPITUDE. EXERCISE OF INDEPENDENT JUDGMENT IN
 ADVOCATING POSITIONS  ON  BEHALF  OF  RESIDENTIAL  LONG  ISLAND  UTILITY
 CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE UTILITY CONSUMER
 ADVOCATE.
   3.  POWERS OF THE UTILITY CONSUMER ADVOCATE FOR THE LONG ISLAND OFFICE
 OF THE DEPARTMENT OF PUBLIC SERVICE. THE UTILITY CONSUMER  ADVOCATE  FOR
 THE OFFICE SHALL HAVE THE POWER AND DUTY TO:
   (A)  INITIATE,  INTERVENE  IN  OR PARTICIPATE ON BEHALF OF RESIDENTIAL
 LONG ISLAND UTILITY CUSTOMERS IN ANY PROCEEDINGS BEFORE THE  COMMISSION,
 THE  FEDERAL  ENERGY  REGULATORY  COMMISSION, THE FEDERAL COMMUNICATIONS
 COMMISSION, FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGEN-
 CIES AND STATE AND FEDERAL COURTS IN ANY MATTER OR PROCEEDING  THAT  MAY
 SUBSTANTIALLY  AFFECT  THE  INTERESTS OF RESIDENTIAL LONG ISLAND UTILITY
 CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, A PROPOSED  CHANGE  OF  RATES,
 CHARGES,  TERMS  AND  CONDITIONS  OF SERVICE, AND THE ADOPTION OF RULES,
 REGULATIONS, GUIDELINES, ORDERS, STANDARDS  OR  FINAL  POLICY  DECISIONS
 WHERE  THE UTILITY CONSUMER ADVOCATE DEEMS SUCH INITIATION, INTERVENTION
 OR PARTICIPATION TO BE NECESSARY OR APPROPRIATE;
   (B) REPRESENT THE INTERESTS OF RESIDENTIAL LONG ISLAND UTILITY CUSTOM-
 ERS BEFORE FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY  AGEN-
 CIES  ENGAGED IN THE REGULATION OF ENERGY, TELECOMMUNICATIONS, WATER AND
 OTHER UTILITY SERVICES, AND BEFORE STATE AND FEDERAL COURTS  IN  ACTIONS
 AND  PROCEEDINGS TO REVIEW THE ACTIONS OF UTILITIES OR ORDERS OF UTILITY
 REGULATORY AGENCIES. ANY ACTION OR PROCEEDING  BROUGHT  BY  THE  UTILITY
 CONSUMER  ADVOCATE  BEFORE  A COURT OR AN AGENCY SHALL BE BROUGHT IN THE
 NAME OF THE UTILITY  CONSUMER  ADVOCATE  FOR  THE  OFFICE.  THE  UTILITY
 CONSUMER  ADVOCATE  MAY  JOIN  WITH  A  RESIDENTIAL  LONG ISLAND UTILITY
 CUSTOMER OR GROUP OF RESIDENTIAL LONG ISLAND UTILITY CUSTOMERS IN BRING-
 ING AN ACTION;
   (I) IN ADDITION TO ANY OTHER  AUTHORITY  CONFERRED  UPON  THE  UTILITY
 CONSUMER  ADVOCATE,  HE OR SHE IS AUTHORIZED, AND IT SHALL BE HIS OR HER
 DUTY TO REPRESENT THE  INTERESTS  OF  RESIDENTIAL  LONG  ISLAND  UTILITY
 CUSTOMERS  AS  A  PARTY,  OR  OTHERWISE  PARTICIPATE  FOR THE PURPOSE OF
 REPRESENTING THE INTERESTS OF SUCH  CUSTOMERS  BEFORE  ANY  AGENCIES  OR
 COURTS.  HE  OR  SHE  MAY INITIATE PROCEEDINGS IF IN HIS OR HER JUDGMENT
 DOING SO MAY BE NECESSARY IN CONNECTION WITH ANY  MATTER  INVOLVING  THE
 ACTIONS  OR  REGULATION OF PUBLIC UTILITY COMPANIES WHETHER ON APPEAL OR
 OTHERWISE INITIATED. THE UTILITY CONSUMER ADVOCATE MAY MONITOR ALL CASES
 BEFORE REGULATORY AGENCIES IN THE UNITED STATES, INCLUDING  THE  FEDERAL
 COMMUNICATIONS  COMMISSION  AND THE FEDERAL ENERGY REGULATORY COMMISSION
 THAT AFFECT THE INTERESTS OF RESIDENTIAL LONG ISLAND  UTILITY  CUSTOMERS
 AND  MAY  FORMALLY  PARTICIPATE IN THOSE PROCEEDINGS WHICH IN HIS OR HER
 JUDGMENT WARRANTS SUCH PARTICIPATION.
   (II) THE UTILITY CONSUMER ADVOCATE SHALL EXERCISE HIS OR HER INDEPEND-
 ENT DISCRETION IN DETERMINING THE INTERESTS OF RESIDENTIAL  LONG  ISLAND
 UTILITY  CUSTOMERS  THAT WILL BE ADVOCATED IN ANY PROCEEDING, AND DETER-
 MINING WHETHER TO PARTICIPATE IN OR INITIATE ANY PROCEEDING AND,  IN  SO
 DETERMINING,  SHALL  CONSIDER  THE PUBLIC INTEREST, THE RESOURCES AVAIL-
 ABLE, AND THE SUBSTANTIALITY OF THE EFFECT  OF  THE  PROCEEDING  ON  THE
 INTEREST OF RESIDENTIAL LONG ISLAND UTILITY CUSTOMERS;
   (C)  REQUEST  AND  RECEIVE  FROM ANY STATE OR LOCAL AUTHORITY, AGENCY,
 DEPARTMENT OR DIVISION  OF  THE  STATE  OR  POLITICAL  SUBDIVISION  SUCH
 S. 8537                             3
 
 ASSISTANCE,  PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER DOCUMENTATION
 AND COOPERATION NECESSARY TO PERFORM HIS OR HER DUTIES;
   (D) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
 EFFICIENTLY CARRY OUT HIS OR HER WORK;
   (E)  REVIEW AND MAKE RECOMMENDATIONS TO THE OFFICE WITH RESPECT TO THE
 RATES AND CHARGES, INCLUDING CHARGES RELATED TO  ENERGY  EFFICIENCY  AND
 RENEWABLE ENERGY PROGRAMS;
   (F)  ANNUALLY  REVIEW  THE  EMERGENCY RESPONSE PLAN OF THE LONG ISLAND
 POWER AUTHORITY AND ANY RELATED SERVICE PROVIDER  AND  MAKE  RECOMMENDA-
 TIONS  TO  THE  AUTHORITY WITH RESPECT TO THE PERFORMANCE OF THE SERVICE
 PROVIDER IN RESTORING SERVICE OR OTHERWISE MEETING THE  REQUIREMENTS  OF
 THE  EMERGENCY  RESPONSE  PLAN  DURING  AN  EMERGENCY EVENT, DEFINED FOR
 PURPOSES OF THIS SECTION AS  AN  EVENT  WHERE  WIDESPREAD  OUTAGES  HAVE
 OCCURRED  IN  THE  AUTHORITY'S SERVICE TERRITORY DUE TO A STORM OR OTHER
 CAUSES BEYOND THE CONTROL OF THE AUTHORITY  AND  THE  SERVICE  PROVIDER,
 INCLUDING  MAKING  DETERMINATIONS  WITH  RESPECT  TO WHETHER THE SERVICE
 PROVIDER IS REASONABLY ABLE TO IMPLEMENT THE  EMERGENCY  RESPONSE  PLAN,
 WHETHER  THE  LENGTH OF ANY OUTAGES RELATED TO SUCH EMERGENCY WERE MATE-
 RIALLY LONGER THAN THEY WOULD OTHERWISE HAVE BEEN  BECAUSE  THE  SERVICE
 PROVIDER FAILED TO REASONABLY IMPLEMENT THE EMERGENCY RESPONSE PLAN, THE
 REASONABLENESS  OF  COSTS  ASSOCIATED  WITH SUCH EMERGENCY RESPONSE, THE
 COSTS, IF ANY, THAT WERE UNREASONABLY AND IMPRUDENTLY  INCURRED  BY  THE
 SERVICE  PROVIDER  AND  WHETHER THE SERVICE PROVIDER WOULD BE LIABLE FOR
 ANY SUCH COSTS PURSUANT TO THE TERMS AND CONDITIONS  OF  THE  OPERATIONS
 SERVICES AGREEMENT;
   (G)  REVIEW  THE  ANNUAL  CAPITAL EXPENDITURES PROPOSED BY THE SERVICE
 PROVIDER AND RECOMMEND SUCH IMPROVEMENT IN THE  MANUFACTURE,  CONVEYING,
 TRANSPORTATION, DISTRIBUTION OR SUPPLY OF ELECTRICITY, OR IN THE METHODS
 EMPLOYED  BY  THE SERVICE PROVIDER AS IN THE UTILITY CONSUMER ADVOCATE'S
 JUDGMENT ALLOWS FOR SAFE AND ADEQUATE SERVICE; AND
   (H) THE PURPOSE OF THE UTILITY CONSUMER  ADVOCATE'S  OVERSIGHT  IS  TO
 MAKE  RECOMMENDATIONS  DESIGNED  TO  ENSURE  THAT  THE LONG ISLAND POWER
 AUTHORITY, THE OFFICE AND THE SERVICE PROVIDER PROVIDE SAFE AND ADEQUATE
 TRANSMISSION AND DISTRIBUTION SERVICE AT RATES SET AT THE  LOWEST  LEVEL
 CONSISTENT  WITH  SOUND FISCAL OPERATING PRACTICES AND ENSURE SAFE EMER-
 GENCY RESPONSE PLANNING.
   4. REPORTS. ON DECEMBER FIRST, TWO THOUSAND TWENTY-THREE AND  ANNUALLY
 THEREAFTER,  THE  UTILITY CONSUMER ADVOCATE FOR THE OFFICE SHALL ISSUE A
 REPORT TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT  AVAIL-
 ABLE  TO  THE  PUBLIC  FREE  OF  CHARGE ON A PUBLICLY AVAILABLE WEBSITE,
 CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
   (A) ALL PROCEEDINGS THAT THE UTILITY CONSUMER ADVOCATE FOR THE  OFFICE
 PARTICIPATED  IN  AND  THE OUTCOME OF SUCH PROCEEDINGS, TO THE EXTENT OF
 SUCH OUTCOME AND IF NOT CONFIDENTIAL;
   (B) ESTIMATED SAVINGS TO RESIDENTIAL UTILITY CONSUMERS  THAT  RESULTED
 FROM INTERVENTION BY THE UTILITY CONSUMER ADVOCATE FOR THE OFFICE; AND
   (C) POLICY RECOMMENDATIONS, INCLUDING EMERGENCY RESPONSE PLANNING, AND
 SUGGESTED  STATUTORY  AMENDMENTS  THAT THE UTILITY CONSUMER ADVOCATE FOR
 THE OFFICE DEEMS NECESSARY.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.

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