S T A T E O F N E W Y O R K
________________________________________________________________________
405
2023-2024 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2023
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the public service law, in relation to utility interve-
nor reimbursement; and to amend the state finance law, in relation to
establishing the utility intervenor account
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
24-c to read as follows:
§ 24-C. UTILITY INTERVENOR REIMBURSEMENT. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "COMPENSATION" MEANS PAYMENT FROM THE UTILITY INTERVENOR ACCOUNT
FUND ESTABLISHED BY SECTION NINETY-SEVEN-UUUU OF THE STATE FINANCE LAW,
FOR ALL OR PART, AS DETERMINED BY THE DEPARTMENT, OF REASONABLE ADVO-
CATE'S FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE COSTS
FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
(B) "PARTICIPANT" MEANS A GROUP OF PERSONS THAT APPLY JOINTLY FOR AN
AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
NOT-FOR-PROFIT ORGANIZATION IN THIS STATE AUTHORIZED PURSUANT TO ITS
ARTICLES OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF RESI-
DENTIAL OR SMALL BUSINESS UTILITY CUSTOMERS. FOR PURPOSES OF THIS
SECTION, A PARTICIPANT DOES NOT INCLUDE A NON-PROFIT ORGANIZATION OR
OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
UTILITY OR ITS INVESTORS OR EMPLOYEES, OR THE WELFARE OF ONE OR MORE
BUSINESSES OR INDUSTRIES WHICH RECEIVE UTILITY SERVICE ORDINARILY AND
PRIMARILY FOR USE IN CONNECTION WITH THE PROFIT-SEEKING MANUFACTURE,
SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02365-01-3
S. 405 2
(C) "OTHER REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
DIRECTLY INCURRED BY A PARTICIPANT THAT ARE DIRECTLY RELATED TO THE
CONTENTIONS OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
A SUBSTANTIAL CONTRIBUTION.
(D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY, OR
COMMISSION STAFF IN A HEARING OR PROCEEDING.
(E) "PROCEEDING" MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
OTHER FORMAL PROCEEDING BEFORE THE COMMISSION, OR ALTERNATIVE DISPUTE
RESOLUTION PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH PROCEEDINGS SHALL
BE LIMITED TO THOSE ARISING UNDER AND PROCEEDING PURSUANT TO THE FOLLOW-
ING ARTICLES OF THIS CHAPTER: (1) THE REGULATION OF THE PRICE OF GAS AND
ELECTRICITY, PURSUANT TO ARTICLE FOUR OF THIS CHAPTER EXCEPT THOSE
DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF SUBDIVISION TWELVE OF
SECTION SIXTY-SIX OF THIS CHAPTER; (2) THE REGULATION OF THE PRICE OF
STEAM, PURSUANT TO ARTICLE FOUR-A OF THIS CHAPTER; (3) THE SUBMETERING,
REMETERING OR RESALE OF ELECTRICITY TO RESIDENTIAL PREMISES, PURSUANT TO
SECTIONS SIXTY-FIVE AND SIXTY-SIX OF THIS CHAPTER, AND PURSUANT TO REGU-
LATIONS REGARDING THE SUBMETERING, REMETERING, OR RESALE OF ELECTRICITY
ADOPTED BY THE COMMISSION; AND (4) SUCH SECTIONS OF THIS CHAPTER AS ARE
APPLICABLE TO A PROCEEDING IN WHICH THE COMMISSION MAKES A FINDING ON
THE RECORD THAT THE PUBLIC INTEREST REQUIRES THE REIMBURSEMENT OF UTILI-
TY INTERVENOR FEES PURSUANT TO THIS SECTION.
(F) "SIGNIFICANT FINANCIAL HARDSHIP" MEANS THAT THE PARTICIPANT WILL
BE UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF EFFEC-
TIVE PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES, AND
OTHER REASONABLE COSTS OF PARTICIPATION.
(G) "SMALL BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL REVENUE OF
TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
(H) "SUBSTANTIAL CONTRIBUTION" MEANS THAT, IN THE JUDGMENT OF THE
DEPARTMENT, THE PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY ASSIST THE
COMMISSION IN MAKING ITS DECISION BECAUSE THE DECISION MAY ADOPT IN
WHOLE OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS, OR
SPECIFIC POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED BY
THE PARTICIPANT.
2. A PARTICIPANT MAY APPLY FOR AN AWARD OF COMPENSATION UNDER THIS
SECTION IN A PROCEEDING IN WHICH SUCH PARTICIPANT HAS SOUGHT ACTIVE
PARTY STATUS AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT SHALL DETER-
MINE APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH APPLI-
CATIONS. AT THE TIME OF APPLICATION, SUCH PARTICIPANT SHALL SERVE ON
EVERY PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD OF
COMPENSATION.
AN APPLICATION SHALL INCLUDE:
(A) A STATEMENT OF THE NATURE AND EXTENT AND THE FACTUAL AND LEGAL
BASIS OF THE PARTICIPANT'S PLANNED PARTICIPATION IN THE PROCEEDING AS
FAR AS IT IS POSSIBLE TO DESCRIBE SUCH PARTICIPATION WITH REASONABLE
SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
(B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
(C) IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT FINAN-
CIAL HARDSHIP AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO AN AWARD
OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
IN THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE OF
SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
(D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
S. 405 3
3. (A) WITHIN THIRTY DAYS AFTER THE FILING OF AN APPLICATION THE
DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES WHETHER OR NOT THE
PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
THE HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
MENT SHALL DESCRIBE THIS SUBSTANTIAL CONTRIBUTION AND DETERMINE THE
AMOUNT OF COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
(B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF THE DEPART-
MENT FINDS THAT THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
THE DEPARTMENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE
PROCEEDING TO PAY ALL OR PART OF THE COMPENSATION TO THE DEPARTMENT TO
BE PROVIDED TO THE PARTICIPANT PRIOR TO THE END OF THE PROCEEDING. IN
THE EVENT THAT THE PARTICIPANT DISCONTINUES ITS PARTICIPATION IN THE
PROCEEDING WITHOUT THE CONSENT OF THE DEPARTMENT, THE DEPARTMENT SHALL
BE ENTITLED TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE TO SUCH
PARTICIPANT TO BE REFUNDED TO THE PUBLIC UTILITY OR UTILITIES THAT
PROVIDED SUCH PAYMENT.
(C) THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL TAKE INTO CONSIDERATION THE MARKET RATES PAID TO
PERSONS OF COMPARABLE TRAINING AND EXPERIENCE WHO OFFER SIMILAR
SERVICES. THE COMPENSATION AWARDED MAY NOT, IN ANY CASE, EXCEED THE
COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
UTILITY, WHICHEVER IS GREATER, TO PERSONS OF COMPARABLE TRAINING AND
EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
(D) ANY COMPENSATION AWARDED TO A PARTICIPANT AND NOT USED BY SUCH
PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE PUBLIC
UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
(E) THE DEPARTMENT SHALL REQUIRE THAT PARTICIPANTS SEEKING PAYMENT
MAINTAIN AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT OF
SUCH PROCEEDING.
(I) THE DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES TO VERIFY
THE CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT PURSU-
ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
(II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
(III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
IPANT'S RECORDS IN MAKING ANY AUDIT OR DETERMINING THE AVAILABILITY OF
FUNDS AFTER THE COMPLETION OF A PROCEEDING.
(F) IN THE EVENT THAT THE DEPARTMENT FINDS THAT TWO OR MORE PARTIC-
IPANTS' APPLICATIONS HAVE SUBSTANTIALLY SIMILAR INTERESTS, THE DEPART-
MENT MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO RECEIVE
COMPENSATION.
4. ANY COMPENSATION PURSUANT TO THIS SECTION SHALL BE PAID AT THE
CONCLUSION OF THE PROCEEDING BY THE PUBLIC UTILITY OR UTILITIES SUBJECT
TO THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE REMIT-
TED TO THE DEPARTMENT WHICH SHALL THEN REMIT SUCH COMPENSATION TO THE
PARTICIPANT.
5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
TO DELAY OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF THE DEPART-
MENT'S RESPONSIBILITIES.
§ 2. The state finance law is amended by adding a new section 97-uuuu
to read as follows:
§ 97-UUUU. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
S. 405 4
TAXATION AND FINANCE A FUND TO BE KNOWN AS THE UTILITY INTERVENOR
ACCOUNT.
2. SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR REIMBURSEMENT
MONIES RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF THE
PUBLIC SERVICE LAW.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
