NY State Senate Bill 2023-S453

Senate Bill S453

2023-2024 Legislative Session

Provides that every schedule of rates of gas and electric corporations which is based on operation of over 18 months, shall be reviewed annually

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to energy and telecommunications
Jan 04, 2023	referred to energy and telecommunications

2023-S453 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1979
2013-2014: S616
2015-2016: S2540
2017-2018: S3303
2019-2020: S2147
2021-2022: S1229

2023-S453 (ACTIVE) - Summary

Provides that every gas or electric rate schedule, which is based on projections of revenues, expenditures and utility operations for more than 18 months, shall be annually reviewed by the public service commission; such review proceeding shall include all the parties involved in the proceeding at which such schedule was originally approved.

2023-S453 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S453

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the public service law, in relation to requiring annual
reviews of multi-year rate plans

 
PURPOSE:

This bill will restore utility accountability by requiring annual
reviews of utility performance under multi-year rate plans.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (f) of subdivision 12 of § 66 of the Public
Service Law to require that any utility rate filing based on future
revenues, expenditures and operations for a period of more than 18
months must also include annual revenue and expenditure projections and
benchmarks for maintenance and operations, service quality and other
items deemed appropriate by the Public Service Commission (PSC). The PSC
shall commence a proceeding to review the continued validity of such

projections not more than 3 months after the anniversary date of the
date such schedule became effective.  Participation in this proceeding
would be open to each party to the original proceeding and any new
parties that are likely to contribute to the development of a complete
record. Similar review proceedings shall be commenced in subsequent
years of the multi-year rate plan.

Section 2 sets the effective date.

 
EXISTING LAW:

Current law does not address the diminution of opportunities for PSC and
public oversight created by the use of multi-year rate plans.

 
JUSTIFICATION:

A Task Force convened in response to a massive power outage in western
Queens in 2006 found that the increasing use of negotiated multi-year
rate plans was undercutting the ability of the PSC, its staff and other
interested members of the public to oversee the operations of regulated
public utilities. Historically, one of the mainstays of utility regu-
lation was the practice of conducting annual rate cases before the PSC
with full involvement of the Consumer Protection Board and other public
interveners. This practice promoted regular, timely and effective feed-
back on utilities' activities, undertakings and expenditures which still
sorely needed to this day.

In recent years, the PSC's growing reliance on multi-year rate plans has
reduced both the frequency and effectiveness of outside scrutiny of
utility performance. The Task Force found that this could be an underly-
ing factor in Consolidated Edison's decisions to defer or minimize main-
tenance expenditures, potentially compromising the safety and reliabil-
ity of the grid. This bill will restore the prior practice of more
regular and thorough reviews of utility actions under multi-year rate
plans, resulting in more attention to service reliability and safety
issues.

 
LEGISLATIVE HISTORY:

2022: Died in Energy and Telecommunications

2021: Died in Energy and Telecommunications

2020: Died in Energy and Telecommunications

2019: Died in Energy and Telecommunications

2018: Died in Energy and Telecommunications

2017: Died in Energy and Telecommunications

2016: Died in Energy and Telecommunications

2015: Died in Energy and Telecommunications

2014: Senate Bill 616 (Gianaris) - Died in Senate Energy and Telecommu-
nications Committee

2012: Senate Bill 1976 (Gianaris) - Died in Senate Energy and Telecommu-
nications Committee

2012: Assembly Bill 42365 (Hevesi) Died in Assembly Energy Committee

2010: Assembly Bill 1672 (Gianaris) - Died in Assembly Ways and Means
Committee

2008: Assembly Bill 4,8622 (Gianaris) - Died in Assembly Ways and Means
Committee

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
180th day after enactment; provided that the Public Service Commission
is immediately authorized and directed to promulgate rules and take
other actions needed to fully implement the bill on such date

2023-S453 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    453
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 requiring annual
   reviews of multi-year rate plans

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (f) of subdivision 12 of section 66 of the public
 service  law,  as amended by chapter 154 of the laws of 1989, is amended
 to read as follows:
   (f) Whenever there shall be filed with the commission by  any  utility
 any  schedule stating a new rate or charge, or any change in any form of
 contract or agreement or any rule or regulation relating  to  any  rate,
 charge  or service, or in any general privilege or facility, the commis-
 sion may, at any time within sixty days from the date when such schedule
 would or has become effective, either upon complaint  or  upon  its  own
 initiative,  and, if it so orders, without answer or other formal plead-
 ing by the utility, but upon reasonable notice, hold a hearing  concern-
 ing  the propriety of a change proposed by the filing. If such change is
 a major change, the commission shall hold such a hearing.  Pending  such
 hearing  and  decision  thereon,  the  commission, upon filing with such
 schedule and delivering to the utility, a statement in  writing  of  its
 reasons  therefor,  may  suspend the operation of such schedule, but not
 for a longer period than one hundred and twenty  days  beyond  the  time
 when  it  would  otherwise  go  into effect. After full hearing, whether
 completed before or after the schedule goes into effect, the  commission
 may  make  such  order  in  reference  thereto  as  would be proper in a
 proceeding begun after the rate, charge, form of contract or  agreement,
 rule,  regulation,  service,  general  privilege  or facility had become
 effective. If any such hearing cannot be concluded within the period  of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02668-01-3
 S. 453                              2
 
 suspension as above stated, the commission may extend the suspension for
 a further period, not exceeding six months.
   IF ANY SUCH SCHEDULE IS BASED ON PROJECTIONS OF REVENUES, EXPENDITURES
 AND  UTILITY  OPERATIONS  FOR A PERIOD OF MORE THAN EIGHTEEN MONTHS, THE
 COMMISSION SHALL ORDER THAT SUCH SCHEDULE INCLUDE ANNUAL PROJECTIONS  OR
 REVENUES AND EXPENDITURES AND BENCHMARKS FOR MAINTENANCE AND OPERATIONS,
 SERVICE   QUALITY  AND SUCH OTHER PROJECTIONS AS THE COMMISSION MAY DEEM
 APPROPRIATE, AND SHALL COMMENCE A PROCEEDING  TO  REVIEW  THE  CONTINUED
 VALIDITY  OF SUCH PROJECTIONS NOT MORE THAN THREE MONTHS AFTER THE ANNI-
 VERSARY  DATE OF THE DATE SUCH SCHEDULE BECAME EFFECTIVE. ALL PARTIES TO
 THE  PROCEEDING AT WHICH THE SCHEDULE WAS ORIGINALLY CONSIDERED SHALL BE
 ENTITLED TO  PARTY STATUS IN THE REVIEW PROCEEDING;  PROVIDED,  HOWEVER,
 THAT  NOTHING  IN  THIS PARAGRAPH SHALL PRECLUDE THE ADMISSION  OF ADDI-
 TIONAL PERSONS TO THE PROCEEDING IF  THEIR  INTERVENTION  IS  LIKELY  TO
 CONTRIBUTE  TO   THE  DEVELOPMENT  OF A COMPLETE RECORD OR IS  OTHERWISE
 FAIR AND IN THE  PUBLIC INTEREST.  UPON A DETERMINATION THAT ANY OF  THE
 PROJECTIONS WAS NOT MET OR IS IN NEED OF RECONSIDERATION, THE COMMISSION
 MAY  MAKE  SUCH  ORDERS  AS  IT  DEEMS  APPROPRIATE. A REVIEW PROCEEDING
 COMMENCED PURSUANT TO THIS PARAGRAPH  MAY  BE  DEEMED  TO  CONSTITUTE  A
 PROCEEDING  UNDERTAKEN  PURSUANT  TO SUBDIVISION TWENTY OF THIS SECTION.
 SIMILAR REVIEW PROCEEDINGS SHALL BE COMMENCED NOT MORE THAN THREE MONTHS
 AFTER ANY SUBSEQUENT ANNIVERSARY DATE OF THE ORIGINAL SCHEDULE'S  EFFEC-
 TIVE  DATE,  PROVIDED, HOWEVER, THAT SUCH PROCEEDINGS SHALL CONSIDER ANY
 REVISED PROJECTIONS ORDERED IN PRIOR REVIEW PROCEEDINGS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately,  the  public  service
 commission  is  authorized  and  directed  to  take any and all actions,
 including but not limited to the promulgation of  any  necessary  rules,
 necessary to fully implement the provisions of this act on its effective
 date.

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