Senate Bill S7396

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

                                  7396

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend  the  public  service  law  and the executive law, in
  relation to establishing the office of utility consumer advocate

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

  Section  1. Section 2 of the public service law is amended by adding a
new subdivision 28 to read as follows:
  28. THE TERM "OFFICE OF THE UTILITY CONSUMER ADVOCATE" SHALL MEAN  THE
OFFICE  OF  THE  UTILITY  ADVOCATE  AS  DESCRIBED IN SUBDIVISION FOUR OF
SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW.
  S 2. Subdivision 1 of section 16 of the public service law, as amended
by chapter 833 of the laws of 1965, is amended to read as follows:
  1. All proceedings of the commission and all documents and records  in
its  possession  shall  be  public records.   THE COMMISSION MAY, IN ITS
DISCRETION, PROVIDE A COPY OF SUCH DOCUMENTS OR RECORDS TO THE OFFICE OF
THE UTILITY CONSUMER ADVOCATE.
  S 3. 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, paragraph (b) as
amended  by  section 12 of part A of chapter 173 of the laws of 2013, is
amended to read as follows:
  4. [Utility intervention unit] OFFICE OF  UTILITY  CONSUMER  ADVOCATE.
(a)  [There  is  established  within the] THE STATE UTILITY INTERVENTION
UNIT IS HEREBY CONTINUED AS THE  OFFICE  OF  UTILITY  CONSUMER  ADVOCATE
WITHIN THIS division [a state utility intervention unit].
  (b)  The  utility [intervention unit] CONSUMER ADVOCATE shall have the
power and duty to:
  (i) on behalf of the secretary, initiate, intervene in, or participate
in any proceedings before the public service commission or  the  depart-
ment  of  public  service, 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, where he or she

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14709-01-4
              

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deems such initiation, intervention or participation to be necessary  or
appropriate;
  (ii) represent the interests of consumers of the state before federal,
state  and  local  administrative and regulatory agencies engaged in the
regulation of energy services;
  (iii) accept and investigate complaints of any kind from  Long  Island
power  authority  consumers,  attempt  to  mediate such complaints where
appropriate directly with such authority and  refer  complaints  to  the
appropriate  state or local agency authorized by law to take action with
respect to such complaints; [and]
  (iv) hold regular forums in each of the  service  territories  of  the
combination  gas and electric corporations, as defined under section two
of the public service law,  and  the  Long  Island  power  authority  to
educate consumers about utility-related matters and the regulatory proc-
ess, opportunities to lower energy costs, including through energy effi-
ciency  and  distributed generation, and other matters affecting consum-
ers[.]; AND
  (V) CONVENE THE UTILITY POLICY ADVISORY BOARD ESTABLISHED PURSUANT  TO
PARAGRAPH (C) OF THIS SUBDIVISION NO FEWER THAN THREE TIMES PER YEAR.
  (C)  THERE  IS HEREBY ESTABLISHED A UTILITY POLICY ADVISORY BOARD. THE
UTILITY POLICY ADVISORY BOARD SHALL BE  COMPOSED  OF  FIVE  MEMBERS  WHO
SHALL  REPRESENT  THE  INTERESTS OF ALL CLASSES OF RATEPAYERS, INCLUDING
RESIDENTIAL, SMALL BUSINESSES, LARGE BUSINESSES,  INDUSTRIAL  CUSTOMERS,
LABOR  AND  OTHER CONSUMERS AND INTERESTED PARTIES, WHO SHALL ADVISE THE
UTILITY CONSUMER ADVOCATE ON MATTERS AFFECTING RESIDENTIAL, SMALL  BUSI-
NESS,  LARGE  BUSINESS  AND INDUSTRIAL CONSUMERS AND OTHER CONSUMERS AND
INTERESTED PARTIES.
  (I) THREE MEMBERS OF THE BOARD SHALL BE  APPOINTED  BY  THE  GOVERNOR,
EXCEPT  THAT  TWO  OF  THOSE MEMBERS MUST BE CHOSEN FROM A LIST OF THREE
QUALIFIED CANDIDATES EACH PROVIDED BY  THE  PRESIDENT  OF  THE  BUSINESS
COUNCIL  OF  NEW  YORK  STATE  AND THE PRESIDENT OF THE AFL-CIO, AND THE
THIRD MEMBER CHOSEN BY THE GOVERNOR TO MEET THE QUALIFICATIONS CONTAINED
HEREIN. ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER  OF  THE  ASSEMBLY,
WHO  SHALL  CHOOSE FROM A LIST OF THREE QUALIFIED CANDIDATES PROVIDED BY
THE AMERICAN ASSOCIATION OF RETIRED PEOPLE (AARP) NEW YORK STATE  BRANCH
AND  ONE  MEMBER  SHALL  BE  APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE, CHOSEN FROM A LIST OF THREE QUALIFIED CANDIDATES PROVIDED BY THE
NATIONAL FEDERATION OF INDEPENDENT BUSINESSES (NFIB).
  (II) THE TERM OF OFFICE OF EACH MEMBER SHALL BE THREE YEARS,  PROVIDED
HOWEVER  THAT  WITH RESPECT TO THE INITIAL APPOINTMENTS TO THE BOARD, OF
THE THREE MEMBERS TO BE APPOINTED BY THE GOVERNOR, ONE MEMBER  SHALL  BE
APPOINTED  FOR  A TERM OF ONE YEAR AND ONE SHALL BE APPOINTED FOR A TERM
OF TWO YEARS.   THEREAFTER, ALL APPOINTMENTS SHALL  BE  FOR  THREE  YEAR
TERMS.  VACANCIES  OCCURRING BY EXPIRATION OF A TERM SHALL BE FILLED FOR
AN UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL APPOINTMENTS.
  (III) SUCH MEMBERS  SHALL  HAVE  EXPERTISE  REPRESENTING  RESIDENTIAL,
SMALL  BUSINESS, LARGE BUSINESS OR CUSTOMERS OF ANY OTHER CLASS, OR HAVE
SUBSTANTIAL EXPERIENCE IN THE UTILITY INDUSTRY ON THE BUSINESS OR  LABOR
SIDE,  EXCEPT  THAT  NO  MEMBER MAY CURRENTLY WORK FOR A GAS OR ELECTRIC
UTILITY COMPANY, OR HAVE BEEN EMPLOYED EITHER DIRECTLY OR INDIRECTLY  IN
THAT FIELD FOR THE LAST FIVE YEARS.
  (IV)  THE  BOARD  SHALL  MAKE  RECOMMENDATIONS TO THE UTILITY CONSUMER
ADVOCATE PERTAINING TO THE UTILITY CONSUMER ADVOCATE'S PARTICIPATION  IN
OR  INITIATION  OF  A PROCEEDING BEFORE THE PUBLIC SERVICE COMMISSION OR
THE DEPARTMENT OF PUBLIC SERVICE AND NO PROCEEDING  SHALL  BE  INITIATED

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WITHOUT  THE  AGREEMENT  OF  A  MAJORITY  OF THE MEMBERS OF THE ADVISORY
BOARD.
  (V) NO MEMBER OF THE ADVISORY BOARD SHALL BE DISQUALIFIED FROM HOLDING
ANY  OTHER  PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY
SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS OR  HER  APPOINTMENT  TO  THE
BOARD.
  (VI)  THE  MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION
FOR THEIR SERVICES BUT SHALL  BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY
EXPENSES INCURRED IN THE PERFORMANCES OF THEIR DUTIES AS DESCRIBED HERE-
IN.
  (D)  THE  OFFICE  OF THE UTILITY CONSUMER ADVOCATE SHALL ISSUE ON JULY
FIRST, TWO THOUSAND FIFTEEN AND ANNUALLY THEREAFTER, A REPORT ON ALL  OF
ITS  ACTIVITIES  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE ENERGY AND TELECOM-
MUNICATIONS COMMITTEE, THE CHAIR OF THE ASSEMBLY  ENERGY  COMMITTEE  AND
THE  CHAIRS OF THE SENATE CONSUMER PROTECTION COMMITTEE AND THE ASSEMBLY
CONSUMER PROTECTION COMMITTEE.  SUCH REPORT SHALL ALSO BE MADE AVAILABLE
ON THE WEBSITE OF THE DEPARTMENT.
  S 4. This act shall take effect immediately.