NY State Assembly Bill 2023-A10135

Assembly Bill A10135

2023-2024 Legislative Session

Relates to semi-annual expenditures and lobbying reports by certain public service utility corporations

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Current Bill Status - In Assembly 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
Jun 03, 2024	reported referred to rules
May 21, 2024	reported referred to ways and means
May 08, 2024	referred to corporations, authorities and commissions

co-Sponsors

2023-A10135 (ACTIVE) - Details

See Senate Version of this Bill:: S9566
Current Committee:: Assembly Rules
Law Section:: Public Service Law
Laws Affected:: Add §§53-b, 66-x, 78-a & 89-q, Pub Serv L

2023-A10135 (ACTIVE) - Summary

Requires every utility corporation to provide an expenditures and lobbying report by March 31, 2025 and every semi-annual period thereafter to the department of public service.

2023-A10135 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10135
 
                           I N  A S S E M B L Y
 
                                May 8, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
   read once and referred to the Committee on  Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  public  service law, in relation to semi-annual
   expenditures and lobbying reports
 
   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
 53-b to read as follows:
   § 53-B. SEMI-ANNUAL EXPENDITURE AND LOBBYING REPORT. 1. ON  OR  BEFORE
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE AND EVERY SEMI-ANNUAL PERI-
 OD  THEREAFTER, EVERY UTILITY CORPORATION SHALL REPORT TO THE DEPARTMENT
 REGARDING ADVERTISING AND LOBBYING ON BEHALF OF THE UTILITY  CORPORATION
 BY THE UTILITY CORPORATION, THE OFFICERS OR TRUSTEES OF THE CORPORATION,
 OR ANY EMPLOYEE OF SUCH CORPORATION.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "LOBBYING" SHALL MEAN ANY ATTEMPT TO INFLUENCE:
   (I) THE PASSAGE OR DEFEAT OF ANY LEGISLATION OR RESOLUTION  BY  EITHER
 HOUSE  OF  THE STATE LEGISLATURE INCLUDING BUT NOT LIMITED TO THE INTRO-
 DUCTION OR INTENDED INTRODUCTION OF SUCH LEGISLATION  OR  RESOLUTION  OR
 APPROVAL OR DISAPPROVAL OF ANY LEGISLATION;
   (II)  THE ADOPTION, ISSUANCE, RESCISSION OR MODIFICATION OF A GUBERNA-
 TORIAL EXECUTIVE ORDER;
   (III) THE ADOPTION OR REJECTION OF ANY RULE OR REGULATION  HAVING  THE
 FORCE AND EFFECT OF LAW BY A STATE AGENCY;
   (IV) THE PASSAGE OR DEFEAT OF ANY LOCAL LAW, ORDINANCE, RESOLUTION, OR
 REGULATION BY ANY MUNICIPALITY;
   (V)  THE  ADOPTION, ISSUANCE, RESCISSION, MODIFICATION OR TERMS OF ANY
 EXECUTIVE ORDER ISSUED BY THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY;
 AND
   (VI) THE ADOPTION OR REJECTION OF ANY RULE, REGULATION, OR  RESOLUTION
 HAVING  THE  FORCE  AND  EFFECT OF A LOCAL LAW, ORDINANCE, RESOLUTION OR
 REGULATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15433-02-4
 A. 10135                            2
 
   (B) "ADVERTISING"  SHALL  MEAN  ANY  PROMOTIONAL  ACTIVITY  OR  PUBLIC
 SERVICE  ANNOUNCEMENT THAT REQUIRES THE PURCHASE OF MEDIA SPACE, INCLUD-
 ING TELEVISION AIRTIME, RADIO AIRTIME, INTERNET MEDIA SPACE, BILLBOARDS,
 NEWSPAPER SPACE, MAGAZINE SPACE; ANY PRIVATE PUBLICATION WHICH  REQUIRES
 THE EXPENDITURE OF ANY PUBLIC FUNDS; OR ANY MASS LETTER OR OTHER WRITTEN
 COMMUNICATION  DELIVERED  BY  MAIL  OR  BY  COMPARABLE DELIVERY SERVICE,
 INCLUDING EMAIL, TELEPHONE, OR OTHER DIGITAL FORMAT.
   3. THE UTILITY  CORPORATION  SHALL  PREPARE  REPORTS  TO  INCLUDE  THE
 FOLLOWING INFORMATION:
   (A)  FOR  LOBBYING,  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
 THE NAME OF THE TRUSTEE, OFFICER, EMPLOYEE OF THE  CORPORATION  ENGAGING
 IN LOBBYING; THE NAME OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE THAT WAS
 LOBBIED;  THE DATE AND TIME OF THE MEETING OR COMMUNICATION; THE SUBJECT
 MATTER OF THE LOBBYING, AND ANY EXPENSES INCURRED BY THE CORPORATION FOR
 TRAVEL, LODGING, OR MEALS IN CONNECTION WITH SUCH LOBBYING.
   (B) FOR ADVERTISING, SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ITEMIZATION OF ANY PUBLIC FUNDS SPENT  ON  ADVERTISING  AND  INFORMATION
 PERTAINING  TO THE ADVERTISING MARKETING PLAN INCLUDING MEASURABLE GOALS
 AND OBJECTIVES FOR THE ADVERTISING CAMPAIGN.
   4. THE REQUIREMENTS OF THIS SECTION SHALL NOT BE CONSTRUED TO  REQUIRE
 THE  DISCLOSURE  OF INFORMATION THAT IS OTHERWISE PROTECTED FROM DISCLO-
 SURE BY ANY LAW, REGULATION, ORDER, OR THE CIVIL PRACTICE LAW AND RULES.
   § 2. The public service law is amended by adding a new section 66-x to
 read as follows:
   § 66-X. SEMI-ANNUAL EXPENDITURE AND LOBBYING REPORT. 1. ON  OR  BEFORE
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE AND EVERY SEMI-ANNUAL PERI-
 OD  THEREAFTER, EVERY UTILITY CORPORATION SHALL REPORT TO THE DEPARTMENT
 REGARDING ADVERTISING AND LOBBYING ON BEHALF OF THE UTILITY  CORPORATION
 BY THE UTILITY CORPORATION, THE OFFICERS OR TRUSTEES OF THE CORPORATION,
 OR ANY EMPLOYEE OF SUCH CORPORATION.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "LOBBYING" SHALL MEAN ANY ATTEMPT TO INFLUENCE:
   (I) THE PASSAGE OR DEFEAT OF ANY LEGISLATION OR RESOLUTION  BY  EITHER
 HOUSE  OF  THE STATE LEGISLATURE INCLUDING BUT NOT LIMITED TO THE INTRO-
 DUCTION OR INTENDED INTRODUCTION OF SUCH LEGISLATION  OR  RESOLUTION  OR
 APPROVAL OR DISAPPROVAL OF ANY LEGISLATION;
   (II)  THE ADOPTION, ISSUANCE, RESCISSION OR MODIFICATION OF A GUBERNA-
 TORIAL EXECUTIVE ORDER;
   (III) THE ADOPTION OR REJECTION OF ANY RULE OR REGULATION  HAVING  THE
 FORCE AND EFFECT OF LAW BY A STATE AGENCY;
   (IV) THE PASSAGE OR DEFEAT OF ANY LOCAL LAW, ORDINANCE, RESOLUTION, OR
 REGULATION BY ANY MUNICIPALITY;
   (V)  THE  ADOPTION, ISSUANCE, RESCISSION, MODIFICATION OR TERMS OF ANY
 EXECUTIVE ORDER ISSUED BY THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY;
 AND
   (VI) THE ADOPTION OR REJECTION OF ANY RULE, REGULATION, OR  RESOLUTION
 HAVING  THE  FORCE  AND  EFFECT OF A LOCAL LAW, ORDINANCE, RESOLUTION OR
 REGULATION.
   (B) "ADVERTISING"  SHALL  MEAN  ANY  PROMOTIONAL  ACTIVITY  OR  PUBLIC
 SERVICE  ANNOUNCEMENT THAT REQUIRES THE PURCHASE OF MEDIA SPACE, INCLUD-
 ING TELEVISION AIRTIME, RADIO AIRTIME, INTERNET MEDIA SPACE, BILLBOARDS,
 NEWSPAPER SPACE, MAGAZINE SPACE, ANY PRIVATE PUBLICATION WHICH  REQUIRES
 THE EXPENDITURE OF ANY PUBLIC FUNDS, OR ANY MASS LETTER OR OTHER WRITTEN
 COMMUNICATION  DELIVERED  BY  MAIL  OR  BY  COMPARABLE DELIVERY SERVICE,
 INCLUDING EMAIL, TELEPHONE, OR OTHER DIGITAL FORMAT.
 A. 10135                            3
 
   3. THE UTILITY  CORPORATION  SHALL  PREPARE  REPORTS  TO  INCLUDE  THE
 FOLLOWING INFORMATION:
   (A)  FOR  LOBBYING,  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
 THE NAME OF THE TRUSTEE, OFFICER, EMPLOYEE OF THE  CORPORATION  ENGAGING
 IN LOBBYING; THE NAME OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE THAT WAS
 LOBBIED;  THE DATE AND TIME OF THE MEETING OR COMMUNICATION; THE SUBJECT
 MATTER OF THE LOBBYING, AND ANY EXPENSES INCURRED BY THE CORPORATION FOR
 TRAVEL, LODGING, OR MEALS IN CONNECTION WITH SUCH LOBBYING.
   (B) FOR ADVERTISING, SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ITEMIZATION OF ANY PUBLIC FUNDS SPENT  ON  ADVERTISING  AND  INFORMATION
 PERTAINING  TO THE ADVERTISING MARKETING PLAN INCLUDING MEASURABLE GOALS
 AND OBJECTIVES FOR THE ADVERTISING CAMPAIGN.
   4. THE REQUIREMENTS OF THIS SECTION SHALL NOT BE CONSTRUED TO  REQUIRE
 THE  DISCLOSURE  OF INFORMATION THAT IS OTHERWISE PROTECTED FROM DISCLO-
 SURE BY ANY LAW, REGULATION, ORDER, OR THE CIVIL PRACTICE LAW AND RULES.
   § 3. The public service law is amended by adding a new section 78-a to
 read as follows:
   § 78-A. SEMI-ANNUAL EXPENDITURE AND LOBBYING REPORT. 1. ON  OR  BEFORE
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE AND EVERY SEMI-ANNUAL PERI-
 OD  THEREAFTER, EVERY UTILITY CORPORATION SHALL REPORT TO THE DEPARTMENT
 REGARDING ADVERTISING AND LOBBYING ON BEHALF OF THE UTILITY  CORPORATION
 BY THE UTILITY CORPORATION, THE OFFICERS OR TRUSTEES OF THE CORPORATION,
 OR ANY EMPLOYEE OF SUCH CORPORATION.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "LOBBYING" SHALL MEAN ANY ATTEMPT TO INFLUENCE:
   (I) THE PASSAGE OR DEFEAT OF ANY LEGISLATION OR RESOLUTION  BY  EITHER
 HOUSE  OF  THE STATE LEGISLATURE INCLUDING BUT NOT LIMITED TO THE INTRO-
 DUCTION OR INTENDED INTRODUCTION OF SUCH LEGISLATION  OR  RESOLUTION  OR
 APPROVAL OR DISAPPROVAL OF ANY LEGISLATION;
   (II)  THE ADOPTION, ISSUANCE, RESCISSION OR MODIFICATION OF A GUBERNA-
 TORIAL EXECUTIVE ORDER;
   (III) THE ADOPTION OR REJECTION OF ANY RULE OR REGULATION  HAVING  THE
 FORCE AND EFFECT OF LAW BY A STATE AGENCY;
   (IV) THE PASSAGE OR DEFEAT OF ANY LOCAL LAW, ORDINANCE, RESOLUTION, OR
 REGULATION BY ANY MUNICIPALITY;
   (V)  THE  ADOPTION, ISSUANCE, RESCISSION, MODIFICATION OR TERMS OF ANY
 EXECUTIVE ORDER ISSUED BY THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY;
 AND
   (VI) THE ADOPTION OR REJECTION OF ANY RULE, REGULATION, OR  RESOLUTION
 HAVING  THE  FORCE  AND  EFFECT OF A LOCAL LAW, ORDINANCE, RESOLUTION OR
 REGULATION.
   (B) "ADVERTISING"  SHALL  MEAN  ANY  PROMOTIONAL  ACTIVITY  OR  PUBLIC
 SERVICE  ANNOUNCEMENT THAT REQUIRES THE PURCHASE OF MEDIA SPACE, INCLUD-
 ING TELEVISION AIRTIME, RADIO AIRTIME, INTERNET MEDIA SPACE, BILLBOARDS,
 NEWSPAPER SPACE, MAGAZINE SPACE, ANY PRIVATE PUBLICATION WHICH  REQUIRES
 THE EXPENDITURE OF ANY PUBLIC FUNDS, OR ANY MASS LETTER OR OTHER WRITTEN
 COMMUNICATION  DELIVERED  BY  MAIL  OR  BY  COMPARABLE DELIVERY SERVICE,
 INCLUDING EMAIL, TELEPHONE, OR OTHER DIGITAL FORMAT.
   3. THE UTILITY  CORPORATION  SHALL  PREPARE  REPORTS  TO  INCLUDE  THE
 FOLLOWING INFORMATION:
   (A)  FOR  LOBBYING,  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
 THE NAME OF THE TRUSTEE, OFFICER, EMPLOYEE OF THE  CORPORATION  ENGAGING
 IN LOBBYING; THE NAME OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE THAT WAS
 LOBBIED;  THE DATE AND TIME OF THE MEETING OR COMMUNICATION; THE SUBJECT
 A. 10135                            4
 
 MATTER OF THE LOBBYING, AND ANY EXPENSES INCURRED BY THE CORPORATION FOR
 TRAVEL, LODGING, OR MEALS IN CONNECTION WITH SUCH LOBBYING.
   (B) FOR ADVERTISING, SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ITEMIZATION  OF  ANY  PUBLIC  FUNDS SPENT ON ADVERTISING AND INFORMATION
 PERTAINING TO THE ADVERTISING MARKETING PLAN INCLUDING MEASURABLE  GOALS
 AND OBJECTIVES FOR THE ADVERTISING CAMPAIGN.
   4.  THE REQUIREMENTS OF THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE
 THE DISCLOSURE OF INFORMATION THAT IS OTHERWISE PROTECTED  FROM  DISCLO-
 SURE BY ANY LAW, REGULATION, ORDER, OR THE CIVIL PRACTICE LAW AND RULES.
   § 4. The public service law is amended by adding a new section 89-q to
 read as follows:
   §  89-Q.  SEMI-ANNUAL EXPENDITURE AND LOBBYING REPORT. 1. ON OR BEFORE
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE AND EVERY SEMI-ANNUAL PERI-
 OD THEREAFTER, EVERY WATER-WORKS CORPORATION SHALL REPORT TO THE DEPART-
 MENT REGARDING ADVERTISING AND LOBBYING ON BEHALF OF THE UTILITY  CORPO-
 RATION  BY  THE  UTILITY  CORPORATION,  THE  OFFICERS OR TRUSTEES OF THE
 CORPORATION, OR ANY EMPLOYEE OF SUCH CORPORATION.
   2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A) "LOBBYING" SHALL MEAN ANY ATTEMPT TO INFLUENCE:
   (I)  THE  PASSAGE OR DEFEAT OF ANY LEGISLATION OR RESOLUTION BY EITHER
 HOUSE OF THE STATE LEGISLATURE INCLUDING BUT NOT LIMITED TO  THE  INTRO-
 DUCTION  OR  INTENDED  INTRODUCTION OF SUCH LEGISLATION OR RESOLUTION OR
 APPROVAL OR DISAPPROVAL OF ANY LEGISLATION;
   (II) THE ADOPTION, ISSUANCE, RESCISSION OR MODIFICATION OF A  GUBERNA-
 TORIAL EXECUTIVE ORDER;
   (III)  THE  ADOPTION OR REJECTION OF ANY RULE OR REGULATION HAVING THE
 FORCE AND EFFECT OF LAW BY A STATE AGENCY;
   (IV) THE PASSAGE OR DEFEAT OF ANY LOCAL LAW, ORDINANCE, RESOLUTION, OR
 REGULATION BY ANY MUNICIPALITY;
   (V) THE ADOPTION, ISSUANCE, RESCISSION, MODIFICATION OR TERMS  OF  ANY
 EXECUTIVE ORDER ISSUED BY THE CHIEF EXECUTIVE OFFICER OF A MUNICIPALITY;
 AND
   (VI)  THE ADOPTION OR REJECTION OF ANY RULE, REGULATION, OR RESOLUTION
 HAVING THE FORCE AND EFFECT OF A LOCAL  LAW,  ORDINANCE,  RESOLUTION  OR
 REGULATION.
   (B)  "ADVERTISING"  SHALL  MEAN  ANY  PROMOTIONAL  ACTIVITY  OR PUBLIC
 SERVICE ANNOUNCEMENT THAT REQUIRES THE PURCHASE OF MEDIA SPACE,  INCLUD-
 ING TELEVISION AIRTIME, RADIO AIRTIME, INTERNET MEDIA SPACE, BILLBOARDS,
 NEWSPAPER  SPACE, MAGAZINE SPACE, ANY PRIVATE PUBLICATION WHICH REQUIRES
 THE EXPENDITURE OF ANY PUBLIC FUNDS, OR ANY MASS LETTER OR OTHER WRITTEN
 COMMUNICATION DELIVERED BY  MAIL  OR  BY  COMPARABLE  DELIVERY  SERVICE,
 INCLUDING EMAIL, TELEPHONE, OR OTHER DIGITAL FORMAT.
   3.  THE  UTILITY  CORPORATION  SHALL  PREPARE  REPORTS  TO INCLUDE THE
 FOLLOWING INFORMATION:
   (A) FOR LOBBYING, SUCH REPORT SHALL INCLUDE, BUT NOT  BE  LIMITED  TO:
 THE  NAME  OF THE TRUSTEE, OFFICER, EMPLOYEE OF THE CORPORATION ENGAGING
 IN LOBBYING; THE NAME OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE THAT WAS
 LOBBIED; THE DATE AND TIME OF THE MEETING OR COMMUNICATION; THE  SUBJECT
 MATTER OF THE LOBBYING, AND ANY EXPENSES INCURRED BY THE CORPORATION FOR
 TRAVEL, LODGING, OR MEALS IN CONNECTION WITH SUCH LOBBYING.
   (B) FOR ADVERTISING, SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
 ITEMIZATION  OF  ANY  PUBLIC  FUNDS SPENT ON ADVERTISING AND INFORMATION
 PERTAINING TO THE ADVERTISING MARKETING PLAN INCLUDING MEASURABLE  GOALS
 AND OBJECTIVES FOR THE ADVERTISING CAMPAIGN.
 A. 10135                            5
 
   4.  THE REQUIREMENTS OF THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE
 THE DISCLOSURE OF INFORMATION THAT IS OTHERWISE PROTECTED  FROM  DISCLO-
 SURE BY ANY LAW, REGULATION, ORDER, OR THE CIVIL PRACTICE LAW AND RULES.
   § 5. This act shall take effect immediately.

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Assembly Bill A10135

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