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Assembly Bill A4472

2009-2010 Legislative Session

Clarifies the time in which the public service commission must act upon certain petitions

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

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2009-A4472 (ACTIVE) - Details

See Senate Version of this Bill:
S3667
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd ยง5, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6563, S4696
2013-2014: A3189

2009-A4472 (ACTIVE) - Summary

Clarifies the time in which the public service commission must act upon certain petitions.

2009-A4472 (ACTIVE) - Bill Text download pdf 

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

                                  4472

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M.  of A. BRODSKY, KAVANAGH -- read once and referred to
  the Committee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation  to  clarifying  the
  mandatory  time  within  which  the public service commission must act
  upon petitions submitted by regulated entities and the citizenry

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

  Section  1.  Section  5 of the public service law is amended by adding
two new subdivisions 7 and 8 to read as follows:
  7. A. THE COMMISSION SHALL  TAKE  FORMAL  ACTION  UPON  ALL  PETITIONS
RECEIVED  BY  IT  WITHIN NINETY DAYS OF THE DATE OF FILING OF SUCH PETI-
TION.
  B. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF  THIS  SUBDIVISION  THE
COMMISSION SHALL TAKE FORMAL ACTION UPON ALL PETITIONS PENDING BEFORE IT
FOR WHICH THERE IS NO STATUTE OF LIMITATIONS OR OTHER STATUTORY TIMELINE
WITHIN  WHICH ACTION MUST TAKE PLACE. IF, HOWEVER, THE COMMISSION DETER-
MINES THAT TAKING FORMAL ACTION TO DETERMINE SOME OR ALL OF SUCH PENDING
PETITIONS WOULD NOT BE IN THE PUBLIC INTEREST, THE COMMISSION MAY  ISSUE
A  REPORT DETAILING THE FACTS AND CIRCUMSTANCES UPON WHICH IT BASED SUCH
DECISION, TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
THE ASSEMBLY, MINORITY LEADERS OF THE SENATE AND  ASSEMBLY,  CHAIRPERSON
AND  RANKING MINORITY MEMBER OF THE SENATE ENERGY AND TELECOMMUNICATIONS
COMMITTEE, AND THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE ASSEM-
BLY CORPORATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE.
  C. FOR THE PURPOSES OF THIS SECTION, THE TERM "PETITION" SHALL MEAN  A
FORMAL WRITTEN REQUEST ADDRESSED TO THE COMMISSION, OR TO ITS DELEGATES,
OR  TO  ANY  SUCCESSOR  IN FUNCTION, STATING THE FACTS AND CIRCUMSTANCES
RELIED UPON AS A CAUSE FOR ACTION BY THE COMMISSION.  A "PETITION" SHALL
NOT INCLUDE A PRUDENCY PETITION DEFINED IN PARAGRAPH  C  OF  SUBDIVISION
EIGHT OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06720-01-9

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