|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 04, 2012||
referred to corporations, authorities and commissions
delivered to assembly
|May 30, 2012||
advanced to third reading
|May 23, 2012||
2nd report cal.
|May 22, 2012||
1st report cal.878
|Mar 20, 2012||
referred to energy and telecommunications
senate Bill S6764
Relates to the electronic service of orders
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (7)
Jun 4, 2012 - floor VoteS6764570floor57Aye0Nay0Absent5Excused0Abstained
show floor vote details
Floor Vote: Jun 4, 2012aye (57)
May 22, 2012 - Energy and Telecommunications committee VoteS6764100committee10Aye0Nay2Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S6764 - Bill Details
- See Assembly Version of this Bill:
- Current Committee:
- Assembly Corporations, Authorities And Commissions
- Law Section:
- Public Service Law
- Laws Affected:
- Amd §23, Pub Serv L
S6764 - Bill Texts
Relates to the electronic service of orders.
view sponsor memo
TITLE OF BILL:
to amend the public service law, in relation to electronic service of
PURPOSE OF THE BILL:
The bill would amend Public Service Law ("PSL") §23 to authorize
electronic service of orders of the Public Service Commission
("Commission") unless otherwise requested by a party to a Commission
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend PSL § 23(1) to allow orders issued
by the Commission to be provided by electronic means pursuant to
Commission regulations, unless non-electronic service is requested.
Section 2 of the bill would make the bill effective immediately.
PSL §23(1) requires that every order of the Commission be served upon
all persons or corporations affected by such order either by: 1)
personal delivery; or 2) mail, in a sealed envelope with prepaid
postage, addressed to persons designated to receive a summons under
the Civil Practice Law and Rules.
PRIOR LEGISLATIVE HISTORY:
A similar proposal was introduced as part of the 2009-20 10 Executive
Budget but not included in the enacted Budget.
STATEMENT IN SUPPORT:
PSL §23(1) was enacted in 1910 and it mandates either personal
delivery or delivery by mail. Today, electronic communication is as
reliable as mail. The bill would further the intent of the Electronic
Signatures and Records Act ("ESRA"), State Technology Law Article
III, which was adopted because "it is in the best interest of the
State of New York, its citizens, businesses and government entities
for state and federal law to work in tandem to promote the use of
electronic technology in the everyday lives and transactions of such
individuals and entities." Laws of 2002, Ch. 314, § 1.
The Commission sends out approximately 650 orders annually, which must
be sent to multiple parties per case; large proceedings may have over
100 parties. Implementation of electronic service would vastly reduce
the cost of paper, envelopes, printing and mailing, and allow limited
staff to focus on other duties. ESRA provides agencies broad
authority to seek the savings of electronic transmittal and
electronic recordkeeping. However, ESRA implementing
regulations, 9 NYCRR §540.5(e), state that "(g)overnmental entities
using electronic records shall, in the absence of specific statutory
or regulatory requirements, have the authority to
specify the manner and format in which electronic records will be
received, produced, accepted, acquired, recorded, filed, transmitted,
forwarded, acknowledged and stored (emphasis added)." Because, in its
current form, PSL §23(1) specifically mandates personal service or
"by mailing a copy thereof, in a sealed package with postage
prepaid," it precludes electronic service of Commission Orders,
without a waiver.
The Commission has recently developed an electronic document
management system and promulgated implementing regulations. The
Commission now receives a majority of filings electronically, posts
all documents filed by every party and all documents issued by the
Commission on its web site, and serves Commission-issued documents -
primarily ALJ rulings, Secretary Notices, and Commission orders - by
sending links to the documents to those on its party and service
lists who have requested electronic service. Parties requesting mail
service of hard copy documents receive such service, as required by
ESRA, and that will not change under the proposed legislation.
Rather, the legislation would eliminate the need for the Commission
to seek explicit consents from each party to waive their right to
service by regular mail.
Accordingly, parties wishing to receive service of Commission Orders
and who request non-electronic service would continue to receive
service by either personal delivery or by mail.
A nominal amount of non-personal services savings is projected. There
are also large, but unquantifiable, efficiencies due to resources
saved in attempting to design, maintain and refine a process for
waiver of PSL §23(1).
The bill would be effective immediately upon enactment.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 6764 I N S E N A T E March 20, 2012 ___________ Introduced by Sen. RITCHIE -- (at request of the Department of Public Service) -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications AN ACT to amend the public service law, in relation to electronic service of orders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 23 of the public service law, as amended by chapter 310 of the laws of 1974, is amended to read as follows: 1. Every order of the commission shall be served upon every person or corporation to be affected thereby BY ELECTRONIC SERVICE IN A MANNER AND FORMAT PROVIDED FOR IN REGULATIONS ESTABLISHED BY THE COMMISSION OR ALTERNATIVELY, IF NON-ELECTRONIC SERVICE IS REQUESTED BY SUCH PERSON OR CORPORATION, either by personal delivery of a copy thereof[;], or by THE mailing OF a copy thereof, in a sealed package with postage prepaid, to the person to be affected thereby or, in the case of a corporation, to any officer or agent thereof upon whom a summons may be served in accordance with the provisions of the civil practice law and rules. The commission shall provide, upon request, a certified copy thereof or a copy thereof bearing the seal of the commission. Within a time speci- fied in the order of the commission every person and corporation upon whom it is served must if so required in the order notify the commis- sion, in writing, whether the terms of the order are accepted and will be obeyed and in the case of a corporation such notification shall be signed and acknowledged by a person or officer duly authorized by the corporation to execute such acceptance and agreement. Every order of the commission shall take effect at a time therein specified and shall continue in force either for a period which may be designated therein or until changed or abrogated by the commission, unless such order be unau- thorized by this chapter or any other act or be in violation of a provision of the constitution of the state or of the United States. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14250-01-2
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.