Assembly Bill A11577

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

                                  11577

                          I N  A S S E M B L Y

                              June 28, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cahill) --
  read once and referred to the Committee on Ways and Means

AN ACT to amend the public service law and the  state  finance  law,  in
  relation to the utility intervenor account fund

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

  Section 1. Paragraphs (a) and (i) of subdivision 1 of section 24-c  of
the  public  service  law,  as amended by a chapter of the laws of 2010,
amending  the  public  service  law  relating  to   utility   intervenor
reimbursement, as proposed in legislative bills numbers S. 7687-B and A.
8722-D, is amended to read as follows:
  (a)  "Compensation" means payment, FROM THE UTILITY INTERVENOR ACCOUNT
FUND ESTABLISHED BY SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE  LAW,
for  all  or  part, as determined by the commission, of reasonable advo-
cate's fees, reasonable expert witness fees, and other reasonable  costs
for preparation and participation in a proceeding.
  (i)  "Substantial  contribution"  means  that,  in the judgment of the
[commission] DEPARTMENT, the participant's application may substantially
assist the commission in making its decision because  the  decision  may
adopt  in  whole  or  in  part  one  or  more factual contentions, legal
contentions, or specific policy or procedural recommendations that  will
be presented by the participant.
  S  2. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
  S 97-JJJJ. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY  ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A FUND  TO  BE  KNOWN  AS  THE  UTILITY  INTERVENOR
ACCOUNT.
  2.  SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR REIMBURSEMENT
MONIES RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF  THE
PUBLIC SERVICE LAW.
  S  3.  This  act  shall  take  effect on the same date and in the same
manner as a chapter of the laws of 2010, amending the public service law
relating to utility intervenor reimbursement, as proposed in legislative
bills numbers S. 7687-B and A. 8722-D, takes effect.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD17909-01-0