senate Bill S7940

Relates to providing more predictable and stable schedules for employees in low-wage occupations

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Relates to providing more predictable and stable schedules for employees in low-wage occupations.

Bill Details

See Assembly Version of this Bill:
A10191
Versions:
S7940
Current Committee:
Law Section:
Labor Law
Laws Affected:
Amd §652, Lab L

Sponsor Memo

BILL NUMBER:S7940

TITLE OF BILL: An act to amend the labor law, in relation to
providing more predictable and stable schedules for employees in
low-wage occupations

PURPOSE:

To provide employees in low-wage occupations with predictable and
stable schedules that support workplace flexibility.

SUMMARY OF PROVISIONS:

Section I of the bill amends Section 652 of the Labor Law by adding a
new subdivision (7) which provides that an employer shall pay an
employee for at least 4 hours at the basic minimum hourly wage for
each day an employee reports for work as instructed but is given less
than four hours of work. New subsection (7) also provides that an
employer shall pay an employee for at least 4 hours at the basic
minimum hourly wage for each day an employee is instructed to contact
their employer, or wait to be contacted by their employer, less than
24 hours in advance of the start of a potential work shift to
determine whether the employee must report to work for such shift.

Section II provides a modification of part 142-2.3 of title 12 of the
New York State codes, rules and regulation pursuant to subdivision (7)
of such section that shall become effective sixty days after enactment
into law.

Section III provides protections in the event any provision of this
application thereof to any person, employer, occupation or
circumstance is held invalid.

Section IV sets forth the effective date.

JUSTIFICATION:

With the recent reports of low-income employees struggling to maintain
a living wage as they balance their work and personal lives, now more
than ever is the time to implement policies that support workplace
stability and flexibility. Low-income employees, specifically those in
the retail industry, have continually faced challenges in the
workplace that end up taking a toll on their personal lives.

A report released by the Retail Action Project explores the impact
unpredictable work schedules have on workers' lives. Some workers have
described their frustrations of reporting to work as instructed and
then being sent home early, and not receiving any pay for the time
they initially made available. Others describe situations in which
their jobs are compromised because of unpredictable scheduling
practices by employers that interfere with school schedules, child
care availability, or even a second job.

Regardless of the situation, employees deserve protections that will
allow them to maintain balance. This legislation would provide the
necessary changes low-income employees need to build sustainable
careers.


LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred and twentieth day after
it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7940

                            I N  S E N A T E

                           September 26, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the labor law, in relation to providing more predictable
  and stable schedules for employees in low-wage occupations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  652 of the labor law is amended by  adding a new
subdivision 7 to read as follows:
  7. AN EMPLOYER SHALL PAY AN EMPLOYEE:
  (A) FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR  EACH
DAY  ON  WHICH THE EMPLOYEE REPORTS FOR WORK UNDER SPECIFIC INSTRUCTIONS
BUT IS GIVEN LESS THAN FOUR HOURS OF WORK, EXCEPT THAT IF THE EMPLOYEE'S
REGULARLY SCHEDULED SHIFT IS LESS THAN FOUR HOURS, SUCH  EMPLOYEE  SHALL
BE  PAID  FOR  THE  EMPLOYEE'S REGULARLY SCHEDULED HOURS FOR THAT DAY IF
GIVEN LESS THAN THE REGULARLY SCHEDULED HOURS OF WORK; AND
  (B) FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR  EACH
DAY  THE  EMPLOYEE IS GIVEN SPECIFIC INSTRUCTIONS TO CONTACT THE EMPLOY-
EE'S EMPLOYER, OR WAIT TO BE CONTACTED BY THE EMPLOYER, LESS THAN  TWEN-
TY-FOUR  HOURS  IN  ADVANCE  OF THE START OF THE POTENTIAL WORK SHIFT TO
DETERMINE WHETHER THE EMPLOYEE MUST REPORT TO WORK FOR SUCH SHIFT.
  S 2. Notwithstanding subdivision 7 of section 652 of the labor law,  a
modification  of  part  142-2.3 of title 12 of the New York state codes,
rules and regulations pursuant to subdivision 7 of such section shall be
made by wage order promulgated by the commissioner of  labor  without  a
public  hearing, and without reference to a wage board, and shall become
effective sixty days after the effective date of such section.
  S 3. If any provision of article 19 of the labor law or  the  applica-
tion thereof to any person, employer, occupation or circumstance is held
invalid,  the  remainder  of  the  article  and  the application of such
provision to other persons,  employees,  occupations,  or  circumstances
shall not be affected thereby.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15783-01-4

assembly Bill A1194

Grants each of the representatives of the counties of Dutchess, Putnam, Orange and Rockland a vote during the proceedings of the metropolitan transportation authority

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Grants each of the representatives of the counties of Dutchess, Putnam, Orange and Rockland a vote during the proceedings of the metropolitan transportation authority.

Bill Details

See Senate Version of this Bill:
S3990
Versions:
A1194
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Amd §1263, Pub Auth L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1194

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  GUNTHER,  JAFFEE,  ZEBROWSKI, GALEF, CAHILL,
  RABBITT -- read once and referred to the  Committee  on  Corporations,
  Authorities and Commissions

AN ACT to amend the public authorities law, in relation to granting each
  of the representatives of the counties of Dutchess, Putnam, Orange and
  Rockland on the metropolitan transportation authority a vote

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
1263 of the public authorities law, as amended by section 3 of part H of
chapter 25 of the laws of 2009, is amended to read as follows:
  (1) There is hereby created the "metropolitan transportation  authori-
ty."  The authority shall be a body corporate and politic constituting a
public benefit corporation. The authority shall consist of  a  chairman,
sixteen  other  voting  members,  and  two non-voting and four alternate
non-voting members, as described in subparagraph two of  this  paragraph
appointed  by  the  governor  by  and with the advice and consent of the
senate. Any member appointed to a term commencing on or after June thir-
tieth, two thousand nine shall have experience in one  or  more  of  the
following areas: transportation, public administration, business manage-
ment,  finance,  accounting,  law,  engineering,  land  use,  urban  and
regional  planning,  management  of  large   capital   projects,   labor
relations,  or have experience in some other area of activity central to
the mission of the authority. Four of the sixteen voting  members  other
than  the  chairman  shall be appointed on the written recommendation of
the mayor of the city of New  York;  and  each  of  seven  other  voting
members  other than the chairman shall be appointed after selection from
a written list of three recommendations from the chief executive officer
of the county in which the  particular  member  is  required  to  reside
pursuant to the provisions of this subdivision. Of the members appointed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02369-01-3

A. 1194                             2

on  recommendation  of the chief executive officer of a county, one such
member shall be, at the time of appointment, a resident of the county of
Nassau, one a resident of the county of Suffolk, one a resident  of  the
county  of  Westchester, one a resident of the county of Dutchess, one a
resident of the county of Orange, one a resident of the county of Putnam
and one a resident of the county of Rockland, provided that the term  of
any  member  who  is  a resident of a county that has withdrawn from the
metropolitan commuter transportation district pursuant to section twelve
hundred seventy-nine-b of this article shall terminate upon  the  effec-
tive  date  of  such county's withdrawal from such district. Of the five
voting members, other than the chairman, appointed by the governor with-
out recommendation from any other person, three shall be, at the time of
appointment, residents of the city of New York and two shall be, at  the
time  of  appointment, residents of such city or of any of the aforemen-
tioned counties in the metropolitan  commuter  transportation  district.
The  chairman  and  each of the members shall be appointed for a term of
six years, provided however, that the  chairman  first  appointed  shall
serve  for  a  term  ending June thirtieth, nineteen hundred eighty-one,
provided that thirty days after the effective date of the chapter of the
laws of two thousand nine which amended this subparagraph, the  term  of
the  chairman  shall  expire;  provided, further, that such chairman may
continue to discharge the duties of his or her office until the position
of chairman is filled by appointment by the governor upon the advice and
consent of the senate and the term of such new chairman shall  terminate
June  thirtieth,  two  thousand fifteen. The sixteen other members first
appointed shall serve for the following  terms:  The  members  from  the
counties  of  Nassau  and Westchester shall each serve for a term ending
June thirtieth, nineteen hundred eighty-five; the members from the coun-
ty of Suffolk and from the counties  of  Dutchess,  Orange,  Putnam  and
Rockland  shall  each  serve  for a term ending June thirtieth, nineteen
hundred ninety-two; two of the members appointed  on  recommendation  of
the  mayor  of  the  city of New York shall each serve for a term ending
June thirtieth, nineteen hundred eighty-four and, two shall  each  serve
for  a  term  ending June thirtieth, nineteen hundred eighty-one; two of
the members appointed by the governor without the recommendation of  any
other person shall each serve for a term ending June thirtieth, nineteen
hundred  eighty-two, two shall each serve for a term ending June thirti-
eth, nineteen hundred eighty and one shall serve for a term ending  June
thirtieth,  nineteen  hundred  eighty-five.  The two non-voting and four
alternate non-voting members shall serve until January first, two  thou-
sand one. [The members from the counties of Dutchess, Orange, Putnam and
Rockland shall cast one collective vote.]
  S  2.  Paragraph  (a)  of  subdivision 1 of section 1263 of the public
authorities law, as amended by section 4 of part H of chapter 25 of  the
laws of 2009, is amended to read as follows:
  (a)  There is hereby created the "metropolitan transportation authori-
ty." The authority shall be a body corporate and politic constituting  a
public  benefit  corporation.  The authority shall consist of a chairman
and sixteen other members appointed by the  governor  by  and  with  the
advice  and  consent  of  the  senate.  Any  member  appointed to a term
commencing on or after June thirtieth,  two  thousand  nine  shall  have
experience  in  one or more of the following areas of expertise:  trans-
portation, public administration, business management, finance, account-
ing, law, engineering, land use, urban and regional planning, management
of large capital projects, labor relations, or have experience  in  some
other  area of activity central to the mission of the authority. Four of

A. 1194                             3

the sixteen members other than the chairman shall be  appointed  on  the
written recommendation of the mayor of the city of New York; and each of
seven  other  members  other  than the chairman shall be appointed after
selection  from  a  written list of three recommendations from the chief
executive officer of the  county  in  which  the  particular  member  is
required  to  reside  pursuant to the provisions of this subdivision. Of
the members appointed on recommendation of the chief  executive  officer
of  a  county,  one  such member shall be, at the time of appointment, a
resident of the county of Nassau;  one  a  resident  of  the  county  of
Suffolk;  one a resident of the county of Westchester; [and] one a resi-
dent of the county of Dutchess[,]; one  a  resident  of  the  county  of
Orange[,]; one a resident of the county of Putnam; and one a resident of
the  county  of  Rockland, provided that the term of any member who is a
resident of a county that has withdrawn from the  metropolitan  commuter
transportation    district    pursuant   to   section   twelve   hundred
seventy-nine-b of this article shall terminate upon the  effective  date
of  such  county's  withdrawal  from such district. Of the five members,
other than the chairman, appointed by the governor  without  recommenda-
tion  from any other person, three shall be, at the time of appointment,
residents of the city of New York and two  shall  be,  at  the  time  of
appointment,  residents  of  such  city  or of any of the aforementioned
counties in  the  metropolitan  commuter  transportation  district.  The
chairman  and  each  of the members shall be appointed for a term of six
years, provided however, that the chairman first appointed  shall  serve
for  a term ending June thirtieth, nineteen hundred eighty-one, provided
that thirty days after the effective date of the chapter of the laws  of
two thousand nine which amended this paragraph, the term of the chairman
shall  expire;  provided,  further,  that  such chairman may continue to
discharge the duties of his office until the  position  of  chairman  is
filled by appointment by the governor upon the advice and consent of the
senate and the term of such new chairman shall terminate June thirtieth,
two  thousand  fifteen.  The sixteen other members first appointed shall
serve for the following terms: The members from the counties  of  Nassau
and Westchester shall each serve for a term ending June thirtieth, nine-
teen  hundred  eighty-five;  the  members from the county of Suffolk and
from the counties of Dutchess, Orange, Putnam and  Rockland  shall  each
serve for a term ending June thirtieth, nineteen hundred ninety-two; two
of  the  members appointed on recommendation of the mayor of the city of
New York shall each serve for a term  ending  June  thirtieth,  nineteen
hundred  eighty-four  and,  two  shall each serve for a term ending June
thirtieth, nineteen hundred eighty-one; two of the members appointed  by
the  governor  without the recommendation of any other person shall each
serve for a term ending June thirtieth, nineteen hundred eighty-two, two
shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
eighty  and  one  shall serve for a term ending June thirtieth, nineteen
hundred eighty-five. [The members from the counties of Dutchess, Orange,
Putnam and Rockland shall cast one collective vote.]
  S 3. This act shall take effect immediately, provided that the  amend-
ments  to  subparagraph  1  of paragraph (a) of subdivision 1 of section
1263 of the public authorities law made by section one of this act shall
be subject to the expiration and reversion of such paragraph pursuant to
section 3 of chapter 549 of the laws of 1994, as amended, when upon such
date the provisions of section two of this act shall take effect.

assembly Bill A1202

Authorizes retired police officers to apply for a firearms license that is valid throughout the state

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Authorizes retired police officers to apply for a firearms license that is valid throughout the state.

Bill Details

See Senate Version of this Bill:
S2290
Versions:
A1202
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §400.00, Pen L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1202

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation  to  licenses  to  carry  and
  possess firearms for retired police officers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4-a of section 400.00  of  the  penal  law,  as
added by chapter 233 of the laws of 1980, is amended to read as follows:
  4-a. Processing of license applications. (A) Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment.  Except  upon  written notice to the applicant specifically
stating the reasons for any delay, in each case  the  licensing  officer
shall  act  upon  any application for a license pursuant to this section
within six months of the date of presentment of such an  application  to
the  appropriate  authority.  Such  delay may only be for good cause and
with respect to the  applicant.  In  acting  upon  an  application,  the
licensing  officer shall either deny the application for reasons specif-
ically and concisely stated in writing  or  grant  the  application  and
issue  the license applied for.  A RETIRED POLICE OFFICER WHO SUBMITS AN
APPLICATION CONTAINING A  CERTIFICATION  OR  ATTESTATION  FROM  THE  LAW
ENFORCEMENT  AGENCY  OR  DEPARTMENT FROM WHICH HE OR SHE RETIRED IN GOOD
STANDING, SHALL BE PRESUMPTIVE EVIDENCE AS TO THE FITNESS AND QUALIFICA-
TION TO CARRY AND POSSESS FIREARMS. THE LICENSING AUTHORITY WITH  JURIS-
DICTION  IN  THE  COUNTY  OR  CITY  HAVING A POPULATION OF LESS THAN ONE
MILLION, SHALL ISSUE A LICENSE TO CARRY AND POSSESS A PISTOL OR REVOLVER
PURSUANT TO THIS SECTION WITHIN SIXTY DAYS OF A RETIRED  POLICE  OFFICER
APPLICANT'S  SUBMISSION AND SUCH LICENSE SHALL AUTHORIZE THE LICENSEE TO
CARRY AND POSSESS FIREARMS IN EVERY COUNTY AND CITY IN THIS STATE.
  (B) FOR THE PURPOSES OF THIS SECTION, "RETIRED POLICE  OFFICER"  SHALL
MEAN  A  FORMER POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00388-01-3

A. 1202                             2

SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, WHO UPON SEPARATION  FROM  A
LAW ENFORCEMENT AGENCY OR DEPARTMENT WAS IMMEDIATELY ENTITLED TO RECEIVE
RETIREMENT  BENEFITS  UNDER  THE PROVISIONS OF THE RETIREMENT AND SOCIAL
SECURITY LAW OR THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  S 2. This act shall take effect immediately.

assembly Bill A9668

Relates to provisional certification for certain minority and women-owned business enterprises

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Relates to provisional certification for certain minority and women-owned business enterprises.

Bill Details

See Senate Version of this Bill:
S7314
Versions:
A9668
Law Section:
Executive Law
Laws Affected:
Amd §§310 & 314, Exec L

Votes

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9668

                          I N  A S S E M B L Y

                              May 14, 2014
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law, in relation to  minority  and  women-
  owned business enterprise certification

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 310 of the executive law is amended by adding a new
subdivision 23 to read as follows:
  23.  "PROVISIONAL  MWBE  CERTIFICATION"  SHALL   MEAN   MINORITY   AND
WOMEN-OWNED  BUSINESS  ENTERPRISE  CERTIFICATION  STATUS WHICH SHALL NOT
EXCEED ONE YEAR, BUT WHICH MAY BE RENEWED BY THE DIRECTOR.
  S 2. Subdivision 4 of section 314 of the executive law,  as  added  by
section 2 of part BB of chapter 59 of the laws of 2006, is amended and a
new subdivision 5 is added to read as follows:
  4.  [All  certifications  shall be valid for a period of three years.]
THE DIRECTOR MAY, AFTER PERFORMING AN AVAILABILITY ANALYSIS AND  UPON  A
FINDING  THAT  INDUSTRY-SPECIFIC FACTORS COUPLED WITH PERSONAL NET WORTH
OR SMALL BUSINESS  ELIGIBILITY  REQUIREMENTS  PURSUANT  TO  SUBDIVISIONS
NINETEEN  AND  TWENTY  OF  SECTION  THREE  HUNDRED  TEN OF THIS ARTICLE,
RESPECTIVELY, HAVE LED TO THE SIGNIFICANT EXCLUSION OF BUSINESSES  OWNED
BY  MINORITY  GROUP MEMBERS OR WOMEN IN THAT INDUSTRY, GRANT PROVISIONAL
MWBE CERTIFICATION STATUS TO APPLICANTS FROM THAT  DESIGNATED  INDUSTRY,
PROVIDED,  HOWEVER,  THAT ALL OTHER ELIGIBILITY REQUIREMENTS PURSUANT TO
SUBDIVISION SEVEN OR FIFTEEN OF SECTION THREE HUNDRED TEN OF THIS  ARTI-
CLE, AS APPLICABLE, ARE SATISFIED. ANY INDUSTRY-BASED DETERMINATION MADE
UNDER THIS SECTION BY THE DIRECTOR SHALL BE MADE WIDELY AVAILABLE TO THE
PUBLIC AND POSTED ON THE DIVISION'S WEBSITE.
  5.  WITH  THE EXCEPTION OF PROVISIONAL MWBE CERTIFICATION, AS PROVIDED
FOR IN SUBDIVISION TWENTY-THREE OF SECTION THREE  HUNDRED  TEN  OF  THIS
ARTICLE, ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF THREE YEARS.
  S  3.  This act shall take effect immediately, provided, however, that
the amendments to sections 310 and 314 of  the  executive  law  made  by
sections one and two of this act shall not affect the expiration of such
sections and shall be deemed to expire therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15070-02-4

assembly Bill A3440

Increases the exemption of self-employment earnings from the metropolitan commuter transportation mobility tax from $50,000 to $100,000

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Increases the exemption of self-employment earnings from the metropolitan commuter transportation mobility tax from $50,000 to $100,000.

Bill Details

Versions:
A3440
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §801, Tax L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3440

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by M. of A. GLICK -- read once and referred to the Committee
  on Ways and Means

AN ACT to amend the tax law, in relation  to  exempting  self-employment
  earnings of one hundred thousand dollars or less from the metropolitan
  commuter transportation mobility tax

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (a) of section 801 of the tax law, as amended by
section 1 of part N of chapter 59 of the laws of  2012,  is  amended  to
read as follows:
  (a)  For  the sole purpose of providing an additional stable and reli-
able  dedicated  funding  source  for  the  metropolitan  transportation
authority  and  its subsidiaries and affiliates to preserve, operate and
improve essential transit and transportation services in  the  metropol-
itan  commuter  transportation  district,  a  tax  is  hereby imposed on
employers and individuals as follows: (1) For employers  who  engage  in
business  within  the  MCTD,  the tax is imposed at a rate of (A) eleven
hundredths (.11) percent of  the  payroll  expense  for  employers  with
payroll  expense  no  greater  than  three hundred seventy-five thousand
dollars in any  calendar  quarter,  (B)  twenty-three  hundredths  (.23)
percent of the payroll expense for employers with payroll expense great-
er  than three hundred seventy-five thousand dollars and no greater than
four hundred thirty-seven thousand five hundred dollars in any  calendar
quarter,  and  (C)  thirty-four  hundredths (.34) percent of the payroll
expense for employers with payroll expense in  excess  of  four  hundred
thirty-seven  thousand  five hundred dollars in any calendar quarter. If
the employer is a professional  employer  organization,  as  defined  in
section  nine hundred sixteen of the labor law, the employer's tax shall
be calculated by determining the payroll expense  attributable  to  each
client  who has entered into a professional employer agreement with such
organization and the payroll expense attributable to  such  organization

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04612-01-3

A. 3440                             2

itself,  multiplying each of those payroll expense amounts by the appli-
cable rate set forth in this paragraph and adding those products togeth-
er. (2) For individuals, the tax is imposed at  a  rate  of  thirty-four
hundredths  (.34)  percent  of  the net earnings from self-employment of
individuals that are attributable to the MCTD if such earnings attribut-
able to the MCTD exceed [fifty] ONE HUNDRED thousand dollars for the tax
year.
  S 2. This act shall take effect April 1, 2014.

senate Bill S4550B

Creates the state office of the utility consumer advocate

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

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

Bill Details

See Assembly Version of this Bill:
A6239B
Versions:
S4550
S4550A
S4550B
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Add Art 1-A §§28-a - 28-d, Pub Serv L

Sponsor Memo

BILL NUMBER:S4550B

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 UCA will be appointed by the governor to a six year
term. The section also outlines the qualifications required for such
an appointee and his or her responsibilities as the UCA, including the
operation of the office.

The powers of the office, include initiating, intervening, and
participating on behalf of residential utility consumers in any
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 for the UCA to exercise and have independence in any and
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 the first of April next
succeeding the date on which it shall have become law.

JUSTIFICATION:

Currently more than 40 states and the District of Columbia have an
independent state agency that represents the interests of residential
utility customers. New York is one of few states, and by far the
largest, without such an independent office. In the wake of
Superstorm 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 as an independent advocate and appear on behalf of New York
consumers in state and federal regulatory proceedings, as well as
judicial review proceedings concerning rates and conditions of public
service utilities. Currently consumers in New York are represented by
the Public Service Commission as well as the Utility Intervention


Unit, a division solely of the Department of State. 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 Utility 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 employee subject to removal
without cause by the Secretary of State or Governor. This would allow
for actual independent action on behalf of residential consumers
without the concern of removal for such action.

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.

PRIOR LEGISLATIVE HISTORY:

This bill was first introduced in the 2013 Session.

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect of the first of April next succeeding the
date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4550--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced  by  Sens.  SAVINO,  ADDABBO,  AVELLA,  CARLUCCI,  ESPAILLAT,
  GIPSON, GRISANTI, HANNON, HASSELL-THOMPSON, HOYLMAN,  KENNEDY,  KLEIN,
  KRUEGER,  LATIMER,  MONTGOMERY,  PARKER,  SAMPSON,  SQUADRON, TKACZYK,
  VALESKY -- read twice and ordered printed,  and  when  printed  to  be
  committed  to the Committee on Finance -- recommitted to the Committee
  on Finance in accordance with Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

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.
  S  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09713-08-4

S. 4550--B                          2

ENTITIES  SUBJECT  TO  THE  JURISDICTION,  SUPERVISION  AND  REGULATIONS
PRESCRIBED BY OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER.
  S  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-
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.
  S  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.

S. 4550--B                          3

  (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 INTEREST 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 ITS DUTIES; AND
  (E) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
EFFICIENTLY CARRY OUT ITS WORK.
  S  28-D.  REPORTS.  ON  JULY  FIRST, TWO THOUSAND FIFTEEN 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.
  S 2. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.

senate Bill S4550A

Amended

Creates the state office of the utility consumer advocate

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

Summary

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

Bill Details

Versions:
S4550
S4550A
S4550B
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §94-a, Exec L; amd §18-a, Pub Serv L

Sponsor Memo

BILL NUMBER:S4550A

TITLE OF BILL: An act to amend the executive law and 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.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 94-a of the executive law by
adding a new paragraph d which would require the Secretary of State to
provide an estimate to the Department of Public Service prior to the
start of each fiscal year, for the funds necessary to operate the
State Office of the Utility Consumer Advocate.

Section 2 amends paragraph a of subdivision 4 of section 94-a of the
executive law and provides for the creation of the State Office of the
Utility Consumer Advocate who is charged with representing the
interests of residential utility customers. This section sets the
appointment process, term of the appointment, and general duties for
the Utility Consumer Advocate.

Section 3 amends subparagraph i and ii of paragraph b of subdivision 4
of section 94-a of the executive law and outlines the instances in
which the Utility Consumer Advocate may intervene and/or bring actions
on behalf of residential utility customers.

Section 4 amends subdivision 4 of section 94-a of the executive law by
adding a new paragraph c that further outlines the Utility Consumer
Advocate's authority and duties.

Section 5 amends paragraph a of subdivision 2 of section 18-a of the
public service law to require the Chairman of the Public Services
Commission to include the cost estimate provided in paragraph d of
subdivision two of section 94-a of the executive law with the total
assessment to be paid by each assessed public utility company.

Section 6 sets the effective date.

JUSTIFICATION: Currently more than 40 states and the District of
Columbia have an independent state agency that represents the
interests of residential utility customers. New York is one of few
states, and by far the largest, without such an independent office. In
the wake of Superstorm 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 judicial review proceedings concerning rates and conditions of
public service utilities. Currently consumers in New York are
represented by the Public Service Commission as well as the Utility
Intervention Unit, a division of the Department of State. Neither of
them is able to act solely on behalf of the interest of consumers.


The Public Service Commission mediates the competing interests of
utilities 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 Utility 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 employee subject to removal without cause by the
Secretary of State or Governor. This would allow for actual
independent action on behalf of residential consumers without the
concern of removal for such action.

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.

PRIOR LEGISLATIVE HISTORY: This is a New Bill.

FISCAL IMPLICATIONS: None to the State.

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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4550--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced  by  Sens.  SAVINO,  ADDABBO,  AVELLA,  CARLUCCI,  ESPAILLAT,
  GRISANTI, HANNON, HASSELL-THOMPSON, HOYLMAN, KENNEDY, KLEIN,  KRUEGER,
  LATIMER,  MONTGOMERY,  PARKER,  SAMPSON, SQUADRON, TKACZYK, VALESKY --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Finance -- recommitted to the Committee on Finance in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  executive  law  and  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.  Subdivision  2  of  section  94-a of the executive law is
amended by adding a new paragraph (d) to read as follows:
  (D) THE SECRETARY, UPON ADVICE OF THE  STATE  OFFICE  OF  THE  UTILITY
CONSUMER  ADVOCATE, SHALL PROVIDE TO THE DEPARTMENT OF PUBLIC SERVICE AN
ESTIMATE PRIOR TO THE START OF EACH FISCAL YEAR OF THE TOTAL  COSTS  AND
EXPENSES,  EXCEPT  ANY  FUNDS  APPROPRIATED FOR THE UTILITY INTERVENTION
UNIT, INCLUDING THE COMPENSATION AND EXPENSES OF THE STATE OFFICE OF THE
UTILITY CONSUMER ADVOCATE,  ITS  OFFICERS,  AGENTS  AND  EMPLOYEES,  AND
INCLUDING  THE COST OF RETIREMENT CONTRIBUTIONS, SOCIAL SECURITY, HEALTH
AND DENTAL INSURANCE, SURVIVOR'S BENEFITS, WORKERS' COMPENSATION,  UNEM-
PLOYMENT  INSURANCE AND OTHER FRINGE BENEFITS REQUIRED TO BE PAID BY THE
STATE FOR THE PERSONNEL OF THE STATE  OFFICE  OF  THE  UTILITY  CONSUMER
ADVOCATE,  AND  INCLUDING  ALL  OTHER ITEMS OF MAINTENANCE AND OPERATION
EXPENSES, AND ALL OTHER DIRECT AND INDIRECT COSTS.
  S 2. Paragraph (a) of subdivision 4 of section 94-a of  the  executive
law, as added by section 21 of part A of chapter 62 of the laws of 2011,
is amended to read as follows:
  (a)  There  is  established within the division a state utility inter-
vention unit AND THE STATE OFFICE OF THE UTILITY  CONSUMER  ADVOCATE  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09713-06-4

S. 4550--A                          2

REPRESENT  THE  INTERESTS  OF RESIDENTIAL UTILITY CUSTOMERS. THE UTILITY
CONSUMER ADVOCATE, WHO SHALL  HEAD  THE  STATE  OFFICE  OF  THE  UTILITY
CONSUMER  ADVOCATE,  SHALL BE APPOINTED BY THE GOVERNOR TO A TERM OF SIX
YEARS,  SUBJECT  TO  SENATE  CONFIRMATION. THE UTILITY CONSUMER ADVOCATE
SHALL POSSESS KNOWLEDGE AND EXPERIENCE IN MATTERS AFFECTING  RESIDENTIAL
UTILITY  CUSTOMERS, SHALL BE RESPONSIBLE FOR THE DIRECTION, CONTROL, AND
OPERATION OF THE UTILITY INTERVENTION  UNIT,  INCLUDING  ITS  HIRING  OF
STAFF   AND   RETENTION   OF  EXPERTS  FOR  ANALYSIS  AND  TESTIMONY  IN
PROCEEDINGS. THE UTILITY CONSUMER ADVOCATE SHALL NOT BE  REMOVED  EXCEPT
FOR  CAUSE.  EXERCISE OF INDEPENDENT JUDGMENT IN ADVOCATING POSITIONS ON
BEHALF OF RESIDENTIAL UTILITY CUSTOMERS SHALL NOT CONSTITUTE  CAUSE  FOR
REMOVAL OF THE UTILITY CONSUMER ADVOCATE.
  S  3.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision 4 of
section 94-a of the executive law, as amended by section 12 of part A of
chapter 173 of the laws of 2013, are amended to read as follows:
  (i) [on behalf of the secretary,] initiate, intervene in,  or  partic-
ipate  ON  BEHALF  OF  RESIDENTIAL  UTILITY CUSTOMERS in any proceedings
before the  public  service  commission  or  the  department  of  public
service, INCLUDING, BUT NOT LIMITED to the extent authorized by sections
three-b,  twenty-four-a,  seventy-one,  eighty-four or ninety-six of the
public service law or any other applicable provision of law, THE FEDERAL
ENERGY REGULATORY COMMISSION,  THE  FEDERAL  COMMUNICATIONS  COMMISSION,
FEDERAL,  STATE  AND  LOCAL  ADMINISTRATIVE AND REGULATORY AGENCIES, AND
STATE AND FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT  MAY  SUBSTAN-
TIALLY 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 [he or she] THE UTILI-
TY  CONSUMER  ADVOCATE  deems  such  initiation, intervention or partic-
ipation to be necessary or appropriate;
  (ii)  represent  the  interests  of  [consumers]  RESIDENTIAL  UTILITY
CUSTOMERS  of  the  state before federal, state and local administrative
and regulatory agencies engaged in the regulation of energy  [services],
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 RESI-
DENTIAL UTILITY CUSTOMER OR GROUP OF RESIDENTIAL  UTILITY  CUSTOMERS  IN
BRINGING AN ACTION;
  S  4. Subdivision 4 of section 94-a of the executive law is amended by
adding a new paragraph (c) to read as follows:
  (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

S. 4550--A                          3

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 DETERMINE WHETHER
TO PARTICIPATE IN OR INITIATE ANY PROCEEDING  AND,  IN  SO  DETERMINING,
SHALL  CONSIDER  THE  PUBLIC  INTEREST, THE RESOURCES AVAILABLE, AND THE
SUBSTANTIALITY OF THE EFFECT OF THE PROCEEDING ON THE INTEREST OF  RESI-
DENTIAL UTILITY CUSTOMERS.
  S  5.  Paragraph  (a)  of  subdivision 2 of section 18-a of the public
service law, as amended by section 2 of part A of  chapter  173  of  the
laws of 2013, is amended to read as follows:
  (a)  The  chairman of the department shall estimate prior to the start
of each state fiscal year the total costs and  expenses,  including  the
compensation  and  expenses  of the commission and the department, their
officers, agents and employees, and including  the  cost  of  retirement
contributions,  social security, health and dental insurance, survivor's
benefits, workers' compensation, unemployment insurance and other fringe
benefits required to be paid by the  state  for  the  personnel  of  the
commission  and the department, and including all other items of mainte-
nance and operation expenses, and all other direct and  indirect  costs.
Based  on  such estimates, the chairman shall determine the amount to be
paid by each assessed public utility company and the Long  Island  power
authority  and  a  bill  shall  be  rendered to each such public utility
company and authority. BASED ON THE ESTIMATE PROVIDED PURSUANT TO  PARA-
GRAPH  (D)  OF SUBDIVISION TWO OF SECTION NINETY-FOUR-A OF THE EXECUTIVE
LAW, THE CHAIRMAN SHALL DETERMINE THE AMOUNT TO BE PAID BY EACH ASSESSED
PUBLIC UTILITY COMPANY AND THE LONG ISLAND POWER AUTHORITY  AND  A  BILL
SHALL BE RENDERED TO EACH SUCH PUBLIC UTILITY COMPANY.
  S  6.  This  act  shall take effect on April 1, 2015; provided however
that if section 12 of part A of chapter 173 of the laws  of  2013  shall
not  have taken effect on or before such date then section three of this
act shall take effect on the same date and in the same  manner  as  such
chapter of the laws of 2013 takes effect.

senate Bill S4550

Amended

Creates the state office of the utility consumer advocate

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

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

Bill Details

Versions:
S4550
S4550A
S4550B
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §94-a, Exec L; amd §18-a, Pub Serv L

Sponsor Memo

BILL NUMBER:S4550

TITLE OF BILL: An act to amend the executive law and 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.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 94-a of the executive law by
adding a new paragraph d which would require the Secretary of State to
provide an estimate to the Department of Public Service prior to the
start of each fiscal year, for the funds necessary to operate the
State Office of the Utility Consumer Advocate.

Section 2 amends paragraph a of subdivision 4 of section 94-a of the
executive law and provides for the creation of the State Office of the
Utility Consumer Advocate who is charged with representing the
interests of residential utility customers. This section sets the
appointment process, term of the appointment, and general duties for
the Utility Consumer Advocate.

Section 3 amends subparagraph i and ii of paragraph b of subdivision 4
of section 94-a of the executive law and outlines the instances in
which the Utility Consumer Advocate may intervene and/or bring actions
on behalf of residential utility customers

Section 4 amends subdivision 4 of section 94-a of the executive law by
adding a new paragraph c that further outlines the Utility Consumer
Advocate's authority and duties.

Section 5 amends paragraph a of subdivision 2 of section 18-a of the
public service law to require the Chairman of the Public Services
Commission to include the cost estimate provided in paragraph d of
subdivision two of section 94-a of the executive law with the total
assessment to be paid by each assessed public utility company.

Section 6 sets the effective date.

JUSTIFICATION:

Currently more than 40 states and the District of Columbia have an
independent state agency that represents the interests of residential
utility customers, New York is one of few states, and by far the
largest, without such an independent office. In the wake of Superstorm
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 judicial review proceedings concerning rates and conditions of


public service utilities. Currently consumers in New York are
represented by the Public Service Commission as well as the Utility
Intervention Unit, a division of the Department of State Neither of
them is able to act solely on behalf of the interest of consumers.

The Public Service Commission mediates the competing interests of
utilities 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 Utility 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 employee subject to removal without cause by the
Secretary of State or Governor.. This would allow for actual
independent action on behalf of residential consumers without the
concern of removal for such action.

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.

PRIOR LEGISLATIVE HISTORY:

This is a New Bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect of the first of April next succeeding the
date on which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4550

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 10, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the  executive  law  and  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. Subdivision 2 of section  94-a  of  the  executive  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  THE  SECRETARY,  UPON  ADVICE  OF THE STATE OFFICE OF THE UTILITY
CONSUMER ADVOCATE, SHALL PROVIDE TO THE DEPARTMENT OF PUBLIC SERVICE  AN
ESTIMATE  PRIOR  TO THE START OF EACH FISCAL YEAR OF THE TOTAL COSTS AND
EXPENSES, EXCEPT ANY FUNDS APPROPRIATED  FOR  THE  UTILITY  INTERVENTION
UNIT, INCLUDING THE COMPENSATION AND EXPENSES OF THE STATE OFFICE OF THE
UTILITY  CONSUMER  ADVOCATE,  ITS  OFFICERS,  AGENTS  AND EMPLOYEES, AND
INCLUDING THE COST OF RETIREMENT CONTRIBUTIONS, SOCIAL SECURITY,  HEALTH
AND  DENTAL INSURANCE, SURVIVOR'S BENEFITS, WORKERS' COMPENSATION, UNEM-
PLOYMENT INSURANCE AND OTHER FRINGE BENEFITS REQUIRED TO BE PAID BY  THE
STATE  FOR  THE  PERSONNEL  OF  THE STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE, AND INCLUDING ALL OTHER ITEMS  OF  MAINTENANCE  AND  OPERATION
EXPENSES, AND ALL OTHER DIRECT AND INDIRECT COSTS.
  S  2.  Paragraph (a) of subdivision 4 of section 94-a of the executive
law, as added by section 21 of part A of chapter 62 of the laws of 2011,
is amended to read as follows:
  (a) There is established within the division a  state  utility  inter-
vention  unit  AND  THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE TO
REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY  CUSTOMERS.  THE  UTILITY
CONSUMER  ADVOCATE,  WHO  SHALL  HEAD  THE  STATE  OFFICE OF THE UTILITY
CONSUMER ADVOCATE, SHALL BE APPOINTED BY THE GOVERNOR TO A TERM  OF  SIX
YEARS,  SUBJECT  TO  SENATE  CONFIRMATION. THE UTILITY CONSUMER ADVOCATE
SHALL POSSESS KNOWLEDGE AND EXPERIENCE IN MATTERS AFFECTING  RESIDENTIAL
UTILITY  CUSTOMERS, SHALL BE RESPONSIBLE FOR THE DIRECTION, CONTROL, AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09713-02-3

S. 4550                             2

OPERATION OF THE UTILITY INTERVENTION  UNIT,  INCLUDING  ITS  HIRING  OF
STAFF   AND   RETENTION   OF  EXPERTS  FOR  ANALYSIS  AND  TESTIMONY  IN
PROCEEDINGS. THE UTILITY CONSUMER ADVOCATE SHALL NOT BE  REMOVED  EXCEPT
FOR  CAUSE.  EXERCISE OF INDEPENDENT JUDGMENT IN ADVOCATING POSITIONS ON
BEHALF OF RESIDENTIAL UTILITY CUSTOMERS SHALL NOT CONSTITUTE  CAUSE  FOR
REMOVAL OF THE UTILITY CONSUMER ADVOCATE.
  S  3.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision 4 of
section 94-a of the executive law, as amended by chapter 8 of  the  laws
of 2012, are amended to read as follows:
  (i)  [on  behalf of the secretary,] initiate, intervene in, or partic-
ipate ON BEHALF OF RESIDENTIAL  UTILITY  CUSTOMERS  in  any  proceedings
before  the  public  service  commission,  [to  the extent authorized by
sections twenty-four-a, seventy-one, eighty-four or  ninety-six  of  the
public service law or any other applicable provision of law,] THE FEDER-
AL  ENERGY REGULATORY COMMISSION, THE FEDERAL COMMUNICATIONS COMMISSION,
FEDERAL, STATE AND LOCAL ADMINISTRATIVE  AND  REGULATORY  AGENCIES,  AND
STATE  AND  FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT MAY SUBSTAN-
TIALLY 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 [he or she] THE UTILI-
TY CONSUMER ADVOCATE deems  such  initiation,  intervention  or  partic-
ipation to be necessary or appropriate;
  (ii)  represent  the  interests  of  [consumers]  RESIDENTIAL  UTILITY
CUSTOMERS of the state before federal, state  and  local  administrative
and  regulatory agencies engaged in the regulation of energy, TELECOMMU-
NICATIONS, WATER AND OTHER UTILITY services, AND BEFORE STATE AND FEDER-
AL 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; and
  S  4. Subdivision 4 of section 94-a of the executive law is amended by
adding a new paragraph (c) to read as follows:
  (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 DETERMINE WHETHER
TO  PARTICIPATE  IN  OR  INITIATE ANY PROCEEDING AND, IN SO DETERMINING,
SHALL CONSIDER THE PUBLIC INTEREST, THE  RESOURCES  AVAILABLE,  AND  THE

S. 4550                             3

SUBSTANTIALITY  OF THE EFFECT OF THE PROCEEDING ON THE INTEREST OF RESI-
DENTIAL UTILITY CUSTOMERS.
  S  5.  Paragraph  (a)  of  subdivision 2 of section 18-a of the public
service law, as amended by section 2 of part NN of  chapter  59  of  the
laws of 2009, is amended to read as follows:
  (a)  The  chairman of the department shall estimate prior to the start
of each state fiscal year the total costs and  expenses,  including  the
compensation  and  expenses  of the commission and the department, their
officers, agents and employees, and including  the  cost  of  retirement
contributions,  social security, health and dental insurance, survivor's
benefits, workers' compensation, unemployment insurance and other fringe
benefits required to be paid by the  state  for  the  personnel  of  the
commission  and the department, and including all other items of mainte-
nance and operation expenses, and all other direct and  indirect  costs.
Based  on  such estimates, the chairman shall determine the amount to be
paid by each assessed  public  utility  company  and  a  bill  shall  be
rendered  to  each  such public utility company.   BASED ON THE ESTIMATE
PROVIDED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF  SECTION  NINE-
TY-FOUR-A  OF THE EXECUTIVE LAW, THE CHAIRMAN SHALL DETERMINE THE AMOUNT
TO BE PAID BY EACH ASSESSED PUBLIC UTILITY COMPANY AND A BILL  SHALL  BE
RENDERED TO EACH SUCH PUBLIC UTILITY COMPANY.
  S  6. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

assembly Bill A4559

Prohibits the use of wastewater from hydraulic fracturing for road spreading for dust control or de-icing

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Prohibits the use of wastewater from hydraulic fracturing for road spreading for dust control or de-icing.

Bill Details

Versions:
A4559
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §23-0101, add §23-0315, En Con L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4559

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  use of wastewater from hydraulic fracturing for road
  spreading for dust control or de-icing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  23-0101 of the environmental conservation law is
amended by adding four new subdivisions 4-a, 7-a, 16-a and 21 to read as
follows:
  4-A. "FLOWBACK FLUID" MEANS LIQUIDS PRODUCED DURING INITIAL COMPLETION
AND CLEANUP OF THE WELL OR CLEANUP OF A  WELL  FOLLOWING  REFRACTURE  OR
WORK OVER OF A WELL.
  7-A. "HYDRAULIC FRACTURING" OR WHAT IS COMMONLY REFERRED TO AS "HYDRO-
FRACKING"  IS  THE PROCESS OF USING HIGH-PRESSURED WATER AND HUNDREDS OF
CHEMICALS, INCLUDING RADIOACTIVE MATERIALS, TO DRILL THROUGH  SHALE  FOR
THE PURPOSE OF EXTRACTING NATURAL GAS FROM BELOW THE EARTH'S SURFACE.
  16-A. "PRODUCTION BRINE" OR "PRODUCED WATER" MEANS LIQUIDS CO-PRODUCED
DURING OIL AND GAS PRODUCTION.
  21.  "ROAD"  MEANS  ANY  PUBLIC  ROADS,  STREETS  OR  BRIDGES OWNED OR
CONTROLLED BY THE STATE.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 23-0315 to read as follows:
S 23-0315. WASTEWATER FOR ROAD AND LAND SPREADING; PROHIBITED.
  1.  WASTEWATER  ASSOCIATED  WITH  THE  PRODUCTION OF NATURAL GAS USING
HYDRAULIC FRACTURING, INCLUDING  FLOWBACK  FLUID,  PRODUCTION  BRINE  OR
PRODUCED  WATER, SHALL NOT BE USED FOR THE PURPOSE OF ROAD SPREADING FOR
DUST CONTROL OR DE-ICING. NO PROVISION OF SUCH WASTEWATER THROUGH  STATE
CONTRACTS TO ANY MUNICIPALITY, COMPANY OR BUSINESS FOR USE IN ANY MANNER
IS PERMITTED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05504-01-3

A. 4559                             2

  2.  THE  COMMISSIONER  SHALL  PROMULGATE ANY NECESSARY RULES AND REGU-
LATIONS DETAILING THE PROHIBITION OF HYDRAULIC WASTEWATER FROM SPREADING
ON ROADS FOR USE AS DE-ICER OR DUST CONTROL. FURTHER,  THE  COMMISSIONER
SHALL,  IN CONSULTATION WITH THE OFFICE OF GENERAL SERVICES, ENSURE THAT
HYDRAULIC  WASTEWATER  IS  A  PROHIBITED  PRODUCT,  NOT AVAILABLE TO ANY
GOVERNMENTAL OR COMMERCIAL ENTITY.
  S 3. This act shall take effect immediately.

assembly Bill A8607

Relates to the residence and domicile of sex offender registrants

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Relates to the residence and domicile of sex offender registrants.

Bill Details

See Senate Version of this Bill:
S6202
Versions:
A8607
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§168-a & 168-b, Cor L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8607

                          I N  A S S E M B L Y

                            January 28, 2014
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Correction

AN ACT to amend the correction law, in  relation  to  the  sex  offender
  registry

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 168-a of the correction law is amended by adding  a
new subdivision 19 to read as follows:
  19.  "RESIDENCE"  OR  "DOMICILE"  MEANS  ANY  PLACE  WHERE AN OFFENDER
INTENDS TO RESIDE ON EITHER A FULL OR PART  TIME  BASIS.  NOTHING  SHALL
PROHIBIT,  FOR  THE  PURPOSES OF THIS ARTICLE ONLY, A PERSON FROM HAVING
MULTIPLE RESIDENCES OR DOMICILES.
  S 2. Paragraph (a) of subdivision 1 of section 168-b of the correction
law, as amended by chapter 67 of the laws of 2008, is amended to read as
follows:
  (a) The sex offender's name, all aliases used,  date  of  birth,  sex,
race,  height,  weight, eye color, driver's license number, home address
and/or expected place of domicile, any internet accounts  with  internet
access  providers  belonging  to  such offender and internet identifiers
that such offender uses. THE DIVISION  SHALL  QUERY  OFFENDERS  ON  EACH
REGISTRATION FORM WHETHER SUCH OFFENDER HAS MULTIPLE RESIDENCES OR DOMI-
CILES  AS  DEFINED  IN  SUBDIVISION  NINETEEN  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-A OF THIS ARTICLE AND  SHALL  DEVELOP  EXAMPLES  OF  WHEN  A
PERSON  SHALL  BE DEEMED TO HAVE MULTIPLE RESIDENCES OR DOMICILES. IF AN
OFFENDER ACQUIRES OR ESTABLISHES ANY ADDITIONAL RESIDENCES OR  DOMICILES
DURING  A  REGISTRATION  PERIOD,  SUCH  OFFENDER SHALL, WITHIN TEN DAYS,
NOTIFY ANY POLICE DEPARTMENT OF SUCH ADDITIONAL RESIDENCES OR  DOMICILES
IN THE MANNER DIRECTED BY THE DIVISION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided  that,  the  division  of  criminal  justice
services  shall, within one hundred eighty days of such date notify each
offender of their affirmative obligation to update registration informa-
tion to detail any changes required by this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11771-02-3

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