S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4884
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced   by  Sens.  SAVINO,  THOMAS,  ADDABBO,  GAUGHRAN,  GIANARIS,
   GOUNARDES, HOYLMAN, KAMINSKY, MAY, MYRIE,  SALAZAR,  SKOUFIS  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Energy and Telecommunications
 
 AN ACT to amend the public service law,  in  relation  to  creating  the
   state office of the utility consumer advocate
 
   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  article
 1-A to read as follows:
                                ARTICLE 1-A
             THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
 SECTION 28-A. DEFINITIONS.
         28-B. ESTABLISHMENT  OF THE STATE OFFICE OF THE UTILITY CONSUMER
                 ADVOCATE.
         28-C. POWERS OF THE STATE OFFICE OF THE UTILITY  CONSUMER  ADVO-
                 CATE.
         28-D. REPORTS.
   §  28-A.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE:   (A) "DEPARTMENT"
 MEANS THE DEPARTMENT OF PUBLIC SERVICE.
   (B) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
   (C) "RESIDENTIAL UTILITY CUSTOMER" MEANS ANY PERSON  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.
   § 28-B. ESTABLISHMENT OF THE STATE  OFFICE  OF  THE  UTILITY  CONSUMER
 ADVOCATE.  THERE IS ESTABLISHED THE STATE OFFICE OF THE UTILITY CONSUMER
 ADVOCATE TO REPRESENT THE INTERESTS OF  RESIDENTIAL  UTILITY  CUSTOMERS.
 THE  UTILITY  CONSUMER  ADVOCATE SHALL BE APPOINTED BY THE GOVERNOR TO A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05754-01-1

 S. 4884                             2
 
 TERM OF SIX YEARS, UPON THE ADVICE AND CONSENT OF THE SENATE. THE UTILI-
 TY CONSUMER ADVOCATE SHALL POSSESS KNOWLEDGE AND EXPERIENCE  IN  MATTERS
 AFFECTING RESIDENTIAL UTILITY CUSTOMERS AND SHALL BE RESPONSIBLE FOR THE
 DIRECTION,  CONTROL,  AND  OPERATION  OF THE STATE OFFICE OF THE UTILITY
 CONSUMER ADVOCATE, INCLUDING  ITS  HIRING  OF  STAFF  AND  RETENTION  OF
 EXPERTS  FOR ANALYSIS AND 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
 UTILITY  CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE UTILITY
 CONSUMER ADVOCATE.
   § 28-C.  POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER  ADVOCATE.
 THE  STATE  OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL HAVE THE POWER
 AND DUTY TO: (A) INITIATE, INTERVENE IN, OR  PARTICIPATE  ON  BEHALF  OF
 RESIDENTIAL  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  UTILITY  CUSTOMERS,
 INCLUDING,  BUT  NOT  LIMITED  TO,  A PROPOSED CHANGE OF RATES, CHARGES,
 TERMS AND CONDITIONS OF SERVICE, THE  ADOPTION  OF  RULES,  REGULATIONS,
 GUIDELINES, ORDERS, STANDARDS OR FINAL POLICY DECISIONS WHERE THE UTILI-
 TY  CONSUMER  ADVOCATE  DEEMS  SUCH  INITIATION, INTERVENTION OR PARTIC-
 IPATION TO BE NECESSARY OR APPROPRIATE;
   (B) REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY  CUSTOMERS  OF  THE
 STATE  BEFORE  FEDERAL,  STATE  AND  LOCAL ADMINISTRATIVE AND REGULATORY
 AGENCIES 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 STATE OFFICE OF THE UTILITY  CONSUMER  ADVOCATE.  THE
 UTILITY  CONSUMER  ADVOCATE MAY JOIN WITH A RESIDENTIAL UTILITY CUSTOMER
 OR GROUP OF RESIDENTIAL UTILITY CUSTOMERS IN BRINGING AN ACTION;
   (C) (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 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  AGEN-
 CIES  IN THE UNITED STATES, INCLUDING THE FEDERAL COMMUNICATIONS COMMIS-
 SION AND THE FEDERAL ENERGY REGULATORY COMMISSION THAT AFFECT THE INTER-
 ESTS OF RESIDENTIAL UTILITY CUSTOMERS OF  THE  STATE  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  UTILITY
 CUSTOMERS  THAT  WILL  BE  ADVOCATED  IN ANY PROCEEDING, AND DETERMINING
 WHETHER TO PARTICIPATE IN OR INITIATE ANY PROCEEDING AND, IN  SO  DETER-
 MINING, SHALL CONSIDER THE PUBLIC INTEREST, THE RESOURCES AVAILABLE, AND
 THE  SUBSTANTIALITY  OF  THE EFFECT OF THE PROCEEDING ON THE INTEREST OF
 RESIDENTIAL UTILITY CUSTOMERS;

 S. 4884                             3

   (D) REQUEST AND RECEIVE FROM ANY STATE  OR  LOCAL  AUTHORITY,  AGENCY,
 DEPARTMENT  OR  DIVISION  OF  THE  STATE  OR  POLITICAL SUBDIVISION SUCH
 ASSISTANCE, PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER  DOCUMENTATION
 AND COOPERATION NECESSARY TO PERFORM ITS DUTIES; AND
   (E) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
 EFFICIENTLY CARRY OUT ITS WORK.
   §  28-D.  REPORTS. ON JULY FIRST, TWO THOUSAND TWENTY-TWO AND ANNUALLY
 THEREAFTER, THE STATE OFFICE OF  THE  UTILITY  CONSUMER  ADVOCATE  SHALL
 ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT
 AVAILABLE  TO THE PUBLIC FREE OF CHARGE ON A PUBLICLY AVAILABLE WEBSITE,
 CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
   (A) ALL PROCEEDINGS THAT THE STATE  OFFICE  OF  THE  UTILITY  CONSUMER
 ADVOCATE  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 STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE;
 AND
   (C) POLICY RECOMMENDATIONS AND SUGGESTED STATUTORY AMENDMENTS THAT THE
 STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE 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.