NY State Senate Bill 2023-S5503

Current 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
Jan 03, 2024	referred to energy and telecommunications
Mar 06, 2023	referred to energy and telecommunications

2023-S5503 (ACTIVE) - Details

See Assembly Version of this Bill:: A1950
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add Art 1-A §§28-a - 28-d, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8946, A9572
2021-2022: S4884, S8411, A3184, A9570

2023-S5503 (ACTIVE) - Summary

Creates the state office of the utility consumer advocate to represent interests of residential utility customers.

2023-S5503 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5503

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would create the State Office of the Utility Consumer Advocate
(UCA).

 
SUMMARY OF PROVISIONS:

Section 1 amends the public service law by adding a new article 1-A that
would establish the state Office of the Utility Consumer Advocate. The
governor to a six-year term will appoint the UCA. The section also
outlines the qualifications required for such an appointee and his or
her responsibilities as the LICA, including the operation of the office.

The powers of the office of the office, include initiating, intervening,

and participating on behalf of residential utility consumers in an
proceedings before the Public Service Commission, the Federal Regulatory
Energy Commission, the Federal Communications Commission, state and
local administrative and regulatory agencies, and state and federal
courts in any matter or proceeding that may substantially affect the
interests of residential utility customers.  The section also allows the
UCA to exercise and have independence in all actions of the office.

The new article 1-A also requires an annual report from the office to
the governor and legislature as, which would be made available to the
public, and would that will include information on all proceedings that
the office of the UCA participated in and the outcome of such
proceedings. Additionally, the report shall include estimated savings to
residential utility customers that resulted from intervention by the
UCA, and lastly any policy recommendations and suggested statutory
amendments that the UCA deems necessary.

Section 2 sets the effective date of April 1 next succeeding the date on
which it shall have become law.

 
JUSTIFICATION:

Currently more than 40 states and the District of Columbia have an inde-
pendent state agency that represents the interests of residential utili-
ty customers. New York is one of few states, and by far the largest,
without such an independent office. In the wake of Super storm Sandy,
Hurricane Irene, and Tropical Storm Lee, consumers in New York have been
left without a voice and real representation when it comes to utility
services.

This bill would create the State Office of the Utility Consumer Advocate
to serve as an independent advocate and appear on behalf of New York
consumers in state and federal regulatory proceedings, as well as judi-
cial review proceedings concerning rates and conditions of public
service utilities. Currently the Public Service Commission as well as
the Utility Intervention Unit, a division of the Department of State,

represent consumers in New York. Neither of them is able to act solely
on behalf of the interest of consumers.

The Public Service Commission mediates the competing interests of utili-
ties and others in their proceedings to develop facts upon which their
decisions are ultimately based. The utility providers as well as large
commercial and industrial customers have an active and able presence in
such proceedings; however, there is a glaring lack of input from any
parties representing consumers. The Utility Intervention Unit operates
under the direction of the Secretary of the State, who has created a
non-statutory subordinate at-will position for the Director of the Util-
ity Intervention Unit. The Utility Consumer Advocate would be appointed
by the Governor, subject to Senate confirmation, and would serve a term
of six years similar to the Chairman of the Public Service Commission.
Therefore, the Utility Consumer Advocate would not be an at-will employ-
ee subject to removal without cause by the Secretary of State or Gover-
nor. This would allow for actual independent action on behalf of resi-
dential consumers without the concern of removal for such action.

The recent (August 2020) Tropical Storm Isaias shows the need for this
legislation. According to Newsday - "PSEG, which serves 1.1 million
customers on the Island and the Rockaways, saw an almost complete break-
down of its communication systems, rendering almost useless the more
than $1 billion in ratepayer and taxpayer-funded upgrades to computer
systems, telecom networks, its website and text-in outage system, smart
meters and the regional grid."
https://vvww.newsday.com/long-island/storm-pseg-li-isaias1.47882102

In other states where such an office exists, residential consumers have
seen drastic savings in comparison to the actual amount of funding that
goes to these offices. California's Division of Ratepayer Advocates
lobbied over 200 times on behalf of California consumers and saved them
over $4 billion in rates saved and increases avoided; in fact, they
estimate that for every $1 spent representing and advocating on behalf
of California's public utility customers, the average customer saved
$153 per year The creation of an appointed advocate with the powers
allotted in this bill would give New York utility customers a voice at
the table, save them a considerable amount of money when it comes to the
utilities they use every day.

Sponsors continue to disagree with the vetoes of this legislation.
Further recent 28.8% increase in electricity prices, the highest over-
the-month increase in CPI history just points to the need for such an
advocate. (https://www.amny.com/news/surging-electr cityprices-fueling-
inflation-nice)

 
PRIOR LEGISLATIVE HISTORY:

S.4550-8 of 2013-14 Session - referred to Finance, Assembly companion
bill has passed that house both Sessions.

S.3356 of 2015-2016 Session - referred to Energy and Telecommunications
- No significant action taken

S.3923 of 2017-18 Session - referred to Energy and Telecommunications No
significant action taken


S.4399 of 2019 Session - vetoed by Governor (VM 259) S.8946 of 2020
Session - referred to Rules

2021 Session - S4884 - Vetoed by Governor VM  55

2022 Session - Referred to Energy and Telecommunications

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect of April 1 next succeeding the date on which
It shall have become law

2023-S5503 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5503
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications
 
 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
 TERM OF SIX YEARS, UPON THE ADVICE AND CONSENT OF THE SENATE. THE UTILI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01422-01-3

 S. 5503                             2
 
 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  INTERESTS  OF
 RESIDENTIAL UTILITY CUSTOMERS;
 S. 5503                             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 HIS OR HER DUTIES; AND
   (E) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
 EFFICIENTLY CARRY OUT HIS OR HER WORK.
   §  28-D. REPORTS. ON JULY FIRST, TWO THOUSAND TWENTY-FOUR 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.

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Senate Bill S5503

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S5503 (ACTIVE) - Details

2023-S5503 (ACTIVE) - Summary

2023-S5503 (ACTIVE) - Sponsor Memo

2023-S5503 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5503

Share this bill

Sponsored By

Jessica Scarcella-Spanton

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S5503 (ACTIVE) - Details

2023-S5503 (ACTIVE) - Summary

2023-S5503 (ACTIVE) - Sponsor Memo

2023-S5503 (ACTIVE) - Bill Text download pdf

Comments