BILL NUMBER: S1199

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 experi-
ence in utility consumer advocacy

 
PURPOSE:

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 PROVISIONS:

Section 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.
              

Section 2 sets the effective date.

 
EXISTING LAW:

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.

 
LEGISLATIVE HISTORY:

2020: Reported from Energy and Telecommunications, Died in Assembly

2019: Passed Senate, Died in Assembly

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 Bill602 (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:

None.

 
LOCAL FISCAL IMPLICATIONS:

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