S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3685
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law, in relation  to  clarifying  the
   mandatory  time  within  which  the public service commission must act
   upon petitions submitted by regulated entities and the citizenry

   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
 28 to read as follows:
   § 28. PETITIONS; TIME PERIOD FOR  ACTION  TO  BE  TAKEN.  1.  FOR  THE
 PURPOSES OF THIS SECTION, THE TERM:
   (A)  "CUSTOMER" SHALL MEAN A CUSTOMER OR CONSUMER OF A UTILITY SERVICE
 THAT IS REGULATED PURSUANT TO THIS CHAPTER, WHO SHALL BE EITHER AN INDI-
 VIDUAL; A GROUP OF INDIVIDUALS; THE MAYOR OF A CITY; THE TRUSTEES  OF  A
 VILLAGE;  THE TOWN BOARD OF A TOWN; OR THE CHIEF EXECUTIVE OFFICE OR THE
 LEGISLATIVE BODY OF A COUNTY. FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,
 "CUSTOMER"  SHALL  INCLUDE  THE  DIVISION  OF CONSUMER PROTECTION OF THE
 DEPARTMENT OF STATE.
   (B) "PETITION" SHALL MEAN ANY PETITION  OR  COMPLAINT  FILED  WITH  OR
 SUBMITTED  TO  THE  COMMISSION  PURSUANT  TO THIS CHAPTER BY A CUSTOMER,
 ALLEGING OR RELATING TO:
   (I) THE FAILURE OR OMITTING TO DO ANYTHING REQUIRED OF A PUBLIC UTILI-
 TY COMPANY BY ANY PROVISION OF THIS CHAPTER, OR BY ANY REGULATIONS OR AN
 ORDER OF THE COMMISSION;
   (II) ANY ACTIONS TAKEN BY A  PUBLIC  UTILITY  COMPANY,  ITS  OFFICERS,
 EMPLOYEES  OR  AGENTS  THAT  ARE  CONTRARY  TO  OR  IN  VIOLATION OF THE
 PROVISIONS OF THIS CHAPTER; THE REGULATIONS OR AN ORDER OF  THE  COMMIS-
 SION;  OR  THE  TERMS  OR  CONDITIONS OF THE FRANCHISE OR CHARTER OF THE
 PUBLIC UTILITY COMPANY;
   (III) RATE CHARGES OR CLASSIFICATION OF SERVICE; OR
   (IV) THE ADEQUACY, EFFICIENCY OR RELIABILITY OF SERVICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04284-01-3
              

 A. 3685                             2
 
   SUCH TERM SHALL NOT MEAN OR INCLUDE ANY PETITION FILED OR SUBMITTED BY
 A PUBLIC  UTILITY  CORPORATION  OR  ANY  CORPORATION  THAT  PROVIDES  OR
 SUPPLIES UTILITY SERVICES PURSUANT TO THIS CHAPTER.
   2.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, AND
 EXCEPT WHERE A SHORTER TIME PERIOD IS REQUIRED PURSUANT TO THIS CHAPTER,
 THE COMMISSION SHALL COMPLETE ITS INVESTIGATION  AND  ISSUE  A  DETERMI-
 NATION  OR  DECISION  WITH RESPECT TO ANY PETITION WITHIN NINETY DAYS OF
 THE FILING OR SUBMISSION OF THE PETITION.
   (B) NOTWITHSTANDING ANY PROVISION OF PARAGRAPH (A)  OF  THIS  SUBDIVI-
 SION,  IF  THE  PETITION  ALLEGES AN EMERGENCY OR SOME OTHER ACTION THAT
 THREATENS OR IMPACTS THE HEALTH OR SAFETY OF ANY PERSON OR THE SURROUND-
 ING AREA, THE COMMISSION SHALL MAKE A DETERMINATION AS SOON AS  POSSIBLE
 BUT  IN  NO EVENT MORE THAN THIRTY DAYS FROM THE DATE WHEN SUCH PETITION
 WAS FILED OR SUBMITTED.
   (C) IF THE COMMISSION IS UNABLE TO MEET THE TIME LIMITATIONS SET FORTH
 IN THIS SUBDIVISION, THE COMMISSION SHALL PREPARE AND SEND TO THE  PETI-
 TIONER  OR  COMPLAINANT  A  WRITTEN DOCUMENT STATING THE REASONS FOR THE
 FAILURE OR INABILITY OF THE COMMISSION TO COMPLY WITH THE  TIME  FRAMES,
 AND  THE  DATE  WHEN  A  DETERMINATION  WILL  BE  MADE,  EXCEPT THAT THE
 PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO PETITIONS  DESCRIBED  IN
 PARAGRAPH (B) OF THIS SUBDIVISION.
   (D)  NOTWITHSTANDING  ANY  PROVISION  OF  THIS SUBDIVISION AND OF THIS
 CHAPTER TO THE CONTRARY, IF THE PETITIONER OR  COMPLAINANT  REQUESTS  AN
 OPPORTUNITY  TO  BE HEARD ON THE PETITION, THE COMMISSION SHALL COMMENCE
 THE HEARING WITHIN TEN BUSINESS DAYS OF THE REQUEST AND SHALL  MAKE  ITS
 DETERMINATION  WITHIN THIRTY DAYS OF THE LAST DAY OF THE HEARING. IF THE
 COMMISSION DIRECTS THAT A HEARING BE  CONDUCTED  ON  THE  PETITION,  THE
 DECISION TO CONDUCT SUCH HEARING SHALL BE MADE WITHIN THIRTY DAYS OF THE
 INITIAL FILING OF THE PETITION, AND THE HEARING SHALL BE COMPLETED AND A
 DECISION  THEREON ISSUED WITHIN NINETY DAYS OF THE INITIAL FILING OF THE
 PETITION.
   3. ON OR BEFORE FEBRUARY FIFTEENTH OF EACH YEAR, THE COMMISSION  SHALL
 SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE  AND  THE CHAIRS OF SENATE AND ASSEMBLY
 COMMITTEES ON CORPORATIONS, AUTHORITIES AND COMMISSIONS SETTING FORTH:
   (A) THE TOTAL NUMBER OF PETITIONS FILED OR SUBMITTED WITH THE  COMMIS-
 SION IN THE PREVIOUS CALENDAR YEAR;
   (B) A BREAKDOWN OF SUCH PETITIONS BY UTILITY AND SUBJECT MATTER OF THE
 PETITION;
   (C)  THE  NUMBER  OF  SUCH  PETITIONS  UPHELD,  DISMISSED OR OTHERWISE
 RESOLVED, BROKEN DOWN BY UTILITY AND SUBJECT MATTER;
   (D) THE NUMBER AND PERCENTAGE OF PETITIONS THAT WERE UPHELD, DISMISSED
 OR RESOLVED WITHIN THE STATUTORY TIME FRAME; AND
   (E) IF APPLICABLE, THE NUMBER OF PETITIONS THAT WERE NOT COMPLETED  OR
 RESOLVED  WITHIN  THE  STATUTORY TIME FRAMES, THE REASONS FOR FAILURE TO
 MEET THE TIME FRAMES, AND THE AVERAGE LENGTH OF TIME FOR SUCH  PETITIONS
 TO BE FINALLY COMPLETED OR RESOLVED.
   4.  IF THE COMMISSION FAILS TO MEET OR COMPLY WITH THE TIME FRAMES SET
 FORTH IN THIS SUBDIVISION, THE PETITIONER OR COMPLAINANT MAY COMMENCE  A
 SPECIAL PROCEEDING AGAINST THE COMMISSION PURSUANT TO SUBDIVISION ONE OF
 SECTION SEVENTY-EIGHT HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
 A  PREVAILING  PETITIONER OR COMPLAINANT SHALL BE ENTITLED TO REASONABLE
 ATTORNEY'S FEES AND COURT COSTS.
   § 2. On or before the one hundred eightieth day  after  the  effective
 date  of  this act, the public service commission shall make or render a
 determination on any petition  or  complaint  that  was  filed  with  or
 A. 3685                             3
 
 submitted to such commission prior to the effective date of this act. As
 soon  as  reasonably  possible  after the end of the 180 day period, the
 public service commission shall issue a  report  to  the  governor,  the
 speaker  of  the assembly, the temporary president of the senate and the
 chairs of the senate and assembly standing committees  on  corporations,
 authorities  and  commissions  stating  the total number of petitions or
 complaints involved; the number of petitions or complaints dismissed  or
 resolved;  and if such commission is unable to meet this time frame, the
 reasons for the delay or inaction.
   § 3. Severability. If any provision of this act or its application  to
 any  person  or  circumstance  is held invalid, this invalidity does not
 affect other provisions or applications of this act that  can  be  given
 effect without the invalid provision or application, and to this end the
 provisions of this act are declared to be severable.
   § 4. This act shall take effect immediately.