S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9570
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, PEOPLES-STOKES, PAULIN, GOTTFRIED,
   L. ROSENTHAL, ZEBROWSKI,  WEPRIN,  GALEF,  CAHILL,  COLTON,  ABINANTI,
   HEVESI,  COOK,  STIRPE,  STECK, LUPARDO, GUNTHER, PERRY, SANTABARBARA,
   JEAN-PIERRE, JOYNER, FAHY, OTIS, HUNTER, BARRETT,  SEAWRIGHT,  LAVINE,
   TAYLOR,  RA, MONTESANO, SMITH, ENGLEBRIGHT, SIMON, GRIFFIN, BENEDETTO,
   BURDICK, BRABENEC, EPSTEIN, GONZALEZ-ROJAS,  BURGOS,  SILLITTI,  CRUZ,
   GLICK -- Multi-Sponsored by -- M. of A. J. RIVERA, THIELE -- read once
   and referred to the Committee on Consumer Affairs and Protection
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05754-02-2
 A. 9570                             2
 
 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-
 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
 A. 9570                             3
 
 THE  SUBSTANTIALITY  OF THE EFFECT OF THE PROCEEDING ON THE INTERESTS OF
 RESIDENTIAL UTILITY CUSTOMERS;
   (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-THREE 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.