Senate Bill S7813

2015-2016 Legislative Session

Relates to the membership of the public service commission and to clarifying the mandatory time frame within which the public service commission must act upon certain petitions

download bill text pdf

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2016	referred to energy and telecommunications

2015-S7813 (ACTIVE) - Details

See Assembly Version of this Bill:: A9768
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§4, 20, 64, 89-p & 90, add §28, Pub Serv L; amd §307, St Ad Proc Act
Versions Introduced in 2017-2018 Legislative Session:: A3744

2015-S7813 (ACTIVE) - Summary

Relates to the membership of the public service commission and clarifies the mandatory time frame within which the public service commission must act upon petitions submitted by regulated entities and citizenry.

2015-S7813 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7813

 TITLE OF BILL :

An act to amend the public service law and the state administrative
procedure act, in relation to the membership of the public service
commission and in relation to clarifying the mandatory time frames
within which the public service commission must act upon petitions
submitted by regulated entities and the citizenry

 PURPOSE OR GENERAL IDEA OF BILL :

To restructure the membership of the PSC, to require the PSC to take
action on petitions and complaints in a timely manner, to prohibit the
PSC from allowing ex parte communications, and to prohibit the PSC
from waiving or reducing compliance with statutory mandates.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 - amends the Public Service Law relating to appointments to
the PSC by adding four voting members and two non-voting members, as
follows:

*One voting member each upon the recommendation of the state Attorney
General and State Comptroller;

*One voting member appointed by the Speaker of the Assembly and one
appointed by the Majority Leader of the Senate;

*One non-voting member each appointed by the Minority Leaders of the
Assembly and the Senate.

The section also sets forth basic qualifications for membership, such
as board experience in the areas of regulation of utilities, and
consumer protection and advocacy. At least one of the Governor's
appointees must represent the consumer or the public interest.

Section 2 - requires the PSC to establish rules relating to ex parte
communications.

Section 3 - adds a new section 28 to the Public Service Law to achieve
the following:

*requires the PSC to investigate and complete action on any petition
or complaint filed by a utility customer or certain public officials
within 90 days of the filing of the petition or complaint. A petition
alleging an emergency or action that threatens public health and
safety must be handled within 30 days;

*requires the PSC to issue an annual report on its handling of
petitions and complaints filed during the reporting year; and

*allows an aggrieved party to commence an Art. 78 proceeding against
the PSC for failure to comply with the statutory timeframes.

Sections 4, 5 and 6 - would prohibit the PSC from waiving or reducing
compliance with the requirements set forth in the Public Service Law.

Section 7 - repeals the provision contained in the State
Administrative Procedure Act allowing ex parte communications in
matters involving public utilities and carriers.

Section 8 - requires the PSC to complete action on any petition or
complaint filed prior to the effective date within 180 days of the
effective date of this act. The PSC is required to file a report after
the 180 days describing its handling of this backlog of petitions.
Section 9 - sets forth the severability clause.

Section 10 - states that the act shall take effect immediately

 JUSTIFICATION :

The law establishing a five-member statewide Public Service Commission
was originally enacted in 1921, at a time of telegraph companies and
the advent of telephone service and radios.  The utility and
telecommunications landscape has changed dramatically since then.

With the commission being asked to investigate and consider more
issues, and as its jurisdiction continues to expand, there is a
compelling need to increase the number of commissioners to ensure a
broad representation of customers, service providers and other
interested parties; and of the different geographic areas and diverse
communities of the state.

After a series of public hearings, the Assembly Committee on
Corporations, Authorities and Commissions discovered that the PSC had
inadequately addressed petitions filed with it. Petitions filed by
citizens have been open for several years or the commission has not
taken any action on the petition.

The PSC has a responsibility to quickly address petitions filed by
customers or other interested groups to make sure the utilities it
regulates operate in the public interest. This bill would also require
the PSC to establish time frames for the PSC to complete action on
future petitions and complaints, and to address its backlog of
petitions, if any.

This bill would prohibit the PSC from waiving or reducing compliance
with the statutory provisions of the public service law relating to
gas, electric water-works, telegraph or telephone corporations. The
bill would also limit the use of ex parte communications by the PSC in
certain proceedings.

 PRIOR LEGISLATIVE HISTORY :

Section 1 of the bill was introduced as a separate bill (A.7300-A,
2015-16, referred to Corporations, Authorities and Commissions).
Sections 3 and 8 were contained in A.3189-B/S.7198 (2014; Assembly,
3rd reading, Senate, Energy).  Sections 2, 4, 5, 6 and 7 are new.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
Immediately

2015-S7813 (ACTIVE) - Bill Text download pdf

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

                                  7813

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications

AN ACT to amend the public service  law  and  the  state  administrative
  procedure  act,  in  relation  to the membership of the public service
  commission and in relation to clarifying  the  mandatory  time  frames
  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 4 of the public service law, as amended by chapter
155 of the laws of 1970, is amended to read as follows:
  S 4. The public service commission. (A)  1.  There  shall  be  in  the
department  of  public  service a public service commission, which shall
possess the powers and duties hereinafter specified, and also all powers
necessary or proper to enable it to carry out the purposes of this chap-
ter. The commission shall consist of [five] ELEVEN members, NINE  VOTING
AND  TWO NON-VOTING, AS FOLLOWS: SEVEN VOTING MEMBERS to be appointed by
the governor, by and with the advice and consent of the senate, ONE UPON
THE RECOMMENDATION OF THE ATTORNEY GENERAL AND ONE UPON THE  RECOMMENDA-
TION OF THE STATE COMPTROLLER; ONE VOTING MEMBER APPOINTED BY THE SPEAK-
ER  OF THE ASSEMBLY; ONE VOTING MEMBER APPOINTED BY THE TEMPORARY PRESI-
DENT OF THE SENATE; AND ONE NON-VOTING MEMBER APPOINTED BY THE  MINORITY
LEADER OF THE ASSEMBLY AND ONE NON-VOTING MEMBER APPOINTED BY THE MINOR-
ITY  LEADER OF THE SENATE. [A commissioner shall be designated as chair-
man of the commission by the governor to serve in such capacity  at  the
pleasure  of  the  governor  or  until  his term as commissioner expires
whichever first occurs. No more than three commissioners may be  members
of  the  same  political  party  unless,  pursuant to action taken under
subdivision two, the number of commissioners shall exceed five,  and  in
such  event  no  more than four commissioners may be members of the same
political party.] THE GOVERNOR SHALL APPOINT A  CHAIRPERSON  FROM  AMONG
THE VOTING MEMBERS OF THE COMMISSION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14610-06-6

S. 7813                             2

  (B)  TO  THE  MAXIMUM EXTENT POSSIBLE, THE COMMISSIONERS SHALL POSSESS
BROAD AND EXTENSIVE KNOWLEDGE AND EXPERIENCE IN THE AREAS OF ENERGY  AND
TELECOMMUNICATIONS  ISSUES, FINANCING AND REGULATION OF UTILITIES, RATE-
MAKING, OR CONSUMER PROTECTION AND ADVOCACY.  AT LEAST ONE OF THE GOVER-
NOR'S APPOINTMENTS SHALL BE AN INDIVIDUAL WHO HAS DEMONSTRATED IN HIS OR
HER  CAREER  A  COMMITMENT  AND  COMPETENCE  IN  CONSUMER ADVOCACY OR IN
FURTHERING THE PUBLIC INTEREST IN ONE OR MORE AREAS RELEVANT TO  UTILITY
REGULATION.
  2.  [Notwithstanding  subdivision  one,  whenever the commission shall
certify to the governor that additional commissioners are needed for the
proper disposition of the business before it, the governor may  increase
the  membership  of  the  commission  to seven members by appointing two
additional commissioners by and with  the  advice  and  consent  of  the
senate.  The  terms  of  office of such additional commissioners and the
filling of vacancies during such terms shall be governed by  subdivision
three,  except  that upon the expiration of the terms of such additional
commissioners, no further appointments or reappointments shall  be  made
to such additional offices, unless the commission shall first certify to
the  governor  that  the  need for additional commissioners continues to
exist.
  3.] The term of office of a commissioner shall be six years  from  the
first  day  of  February  of  the  calendar  year  in  which he shall be
appointed and commissioners shall serve on a  full-time  basis.  Upon  a
vacancy  occurring otherwise than by expiration of term in the office of
any commissioner, [the governor, by and with the advice and  consent  of
the  senate,] THE APPROPRIATE APPOINTING AUTHORITY DESCRIBED IN SUBDIVI-
SION ONE OF THIS SECTION shall fill the vacancy by appointment  for  the
unexpired  term,  PROVIDED  THAT ANY APPOINTMENT MADE BY THE GOVERNOR TO
FILL A VACANCY PURSUANT TO THIS SUBDIVISION SHALL BE  BY  AND  WITH  THE
ADVICE AND CONSENT OF THE SENATE.
  S  2.  Section 20 of the public service law is amended by adding a new
subdivision 3 to read as follows:
  3. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE  COMMIS-
SION SHALL ADOPT RULES TO PROHIBIT OR LIMIT THE USE OF EX PARTE COMMUNI-
CATIONS  IN  ANY  PROCEEDING  BEFORE  THE  COMMISSION.  SUCH RULES SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (A) WHETHER EX  PARTE  COMMUNICATIONS  SHOULD  BE  ABSOLUTELY  BARRED,
LIMITED OR REQUIRE NOTICE TO ALL PARTIES AND AN OPPORTUNITY TO RESPOND;
  (B) THE TIMING OF, OR SPECIFIC TRIGGERING EVENT FOR, THE IMPOSITION OF
A BAN OR LIMITATION ON EX PARTE COMMUNICATIONS; AND
  (C) SANCTIONS FOR VIOLATING SUCH RULES.
  S  3.  The public service law is amended by adding a new section 28 to
read as follows:
  S 28. PETITIONS; TIME PERIOD FOR  ACTION  TO  BE  TAKEN.  1.  FOR  THE
PURPOSES OF THIS SECTION, THE TERM:
  (A)  "CUSTOMER" SHALL MEAN A CUSTOMER OR CONSUMER OF A UTILITY SERVICE
THAT IS REGULATED PURSUANT TO THIS CHAPTER, WHO SHALL BE EITHER AN INDI-
VIDUAL; A GROUP OF INDIVIDUALS; THE MAYOR OF A CITY; THE TRUSTEES  OF  A
VILLAGE;  THE TOWN BOARD OF A TOWN; OR THE CHIEF EXECUTIVE OFFICE OR THE
LEGISLATIVE BODY OF A COUNTY. FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,
"CUSTOMER"  SHALL  INCLUDE  THE  DIVISION  OF CONSUMER PROTECTION OF THE
DEPARTMENT OF STATE.
  (B) "PETITION" SHALL MEAN ANY PETITION  OR  COMPLAINT  FILED  WITH  OR
SUBMITTED  TO  THE  COMMISSION  PURSUANT  TO THIS CHAPTER BY A CUSTOMER,
ALLEGING OR RELATING TO:

S. 7813                             3

  (I) THE FAILURE OR OMITTING TO DO ANYTHING REQUIRED OF A PUBLIC UTILI-
TY COMPANY BY ANY PROVISION OF THIS CHAPTER, OR BY ANY REGULATIONS OR AN
ORDER OF THE COMMISSION;
  (II)  ANY  ACTIONS  TAKEN  BY  A PUBLIC UTILITY COMPANY, ITS OFFICERS,
EMPLOYEES OR AGENTS  THAT  ARE  CONTRARY  TO  OR  IN  VIOLATION  OF  THE
PROVISIONS  OF  THIS CHAPTER; THE REGULATIONS OR AN ORDER OF THE COMMIS-
SION; OR THE TERMS OR CONDITIONS OF THE  FRANCHISE  OR  CHARTER  OF  THE
PUBLIC UTILITY COMPANY;
  (III) RATE CHARGES OR CLASSIFICATION OF SERVICE; OR
  (IV) THE ADEQUACY, EFFICIENCY OR RELIABILITY OF SERVICE.
  SUCH TERM SHALL NOT MEAN OR INCLUDE ANY PETITION FILED OR SUBMITTED BY
A  PUBLIC  UTILITY  CORPORATION  OR  ANY  CORPORATION  THAT  PROVIDES OR
SUPPLIES UTILITY SERVICES PURSUANT TO THIS CHAPTER.
  2. (A) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  AND
EXCEPT WHERE A SHORTER TIME PERIOD IS REQUIRED PURSUANT TO THIS CHAPTER,
THE  COMMISSION  SHALL  COMPLETE  ITS INVESTIGATION AND ISSUE A DETERMI-
NATION OR DECISION WITH RESPECT TO ANY PETITION WITHIN  NINETY  DAYS  OF
THE FILING OR SUBMISSION OF THE PETITION.
  (B)  NOTWITHSTANDING  ANY  PROVISION OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IF THE PETITION ALLEGES AN EMERGENCY OR  SOME  OTHER  ACTION  THAT
THREATENS OR IMPACTS THE HEALTH OR SAFETY OF ANY PERSON OR THE SURROUND-
ING  AREA, THE COMMISSION SHALL MAKE A DETERMINATION AS SOON AS POSSIBLE
BUT IN NO EVENT MORE THAN THIRTY DAYS FROM THE DATE WHEN  SUCH  PETITION
WAS FILED OR SUBMITTED.
  (C) IF THE COMMISSION IS UNABLE TO MEET THE TIME LIMITATIONS SET FORTH
IN  THIS SUBDIVISION, THE COMMISSION SHALL PREPARE AND SEND TO THE PETI-
TIONER OR COMPLAINANT A WRITTEN DOCUMENT STATING  THE  REASONS  FOR  THE
FAILURE  OR  INABILITY OF THE COMMISSION TO COMPLY WITH THE TIME FRAMES,
AND THE DATE WHEN A DETERMINATION WILL BE MADE, WHICH DATE  SHALL  OCCUR
NOT  LATER THAN SIXTY DAYS FROM THE DATE OF THE WRITTEN DOCUMENT, EXCEPT
THAT THE PROVISIONS OF THIS  PARAGRAPH  SHALL  NOT  APPLY  TO  PETITIONS
DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION.
  (D)  NOTWITHSTANDING  ANY  PROVISION  OF  THIS SUBDIVISION AND OF THIS
CHAPTER TO THE CONTRARY, IF THE PETITIONER OR  COMPLAINANT  REQUESTS  AN
OPPORTUNITY  TO  BE HEARD ON THE PETITION, THE COMMISSION SHALL COMMENCE
THE HEARING WITHIN TEN BUSINESS DAYS OF THE REQUEST AND SHALL  MAKE  ITS
DETERMINATION  WITHIN THIRTY DAYS OF THE LAST DAY OF THE HEARING. IF THE
COMMISSION DIRECTS THAT A HEARING BE  CONDUCTED  ON  THE  PETITION,  THE
DECISION TO CONDUCT SUCH HEARING SHALL BE MADE WITHIN THIRTY DAYS OF THE
INITIAL FILING OF THE PETITION, AND THE HEARING SHALL BE COMPLETED AND A
DECISION  THEREON ISSUED WITHIN NINETY DAYS OF THE INITIAL FILING OF THE
PETITION.
  3. ON OR BEFORE FEBRUARY FIFTEENTH OF EACH YEAR, THE COMMISSION  SHALL
SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPO-
RARY  PRESIDENT  OF  THE  SENATE  AND  THE CHAIRS OF SENATE AND ASSEMBLY
COMMITTEES ON CORPORATIONS, AUTHORITIES AND COMMISSIONS SETTING FORTH:
  (A) THE TOTAL NUMBER OF PETITIONS FILED OR SUBMITTED WITH THE  COMMIS-
SION IN THE PREVIOUS CALENDAR YEAR;
  (B) A BREAKDOWN OF SUCH PETITIONS BY UTILITY AND SUBJECT MATTER OF THE
PETITION;
  (C)  THE  NUMBER  OF  SUCH  PETITIONS  UPHELD,  DISMISSED OR OTHERWISE
RESOLVED, BROKEN DOWN BY UTILITY AND SUBJECT MATTER;
  (D) THE NUMBER AND PERCENTAGE OF PETITIONS THAT WERE UPHELD, DISMISSED
OR RESOLVED WITHIN THE STATUTORY TIME FRAME; AND
  (E) IF APPLICABLE, THE NUMBER OF PETITIONS THAT WERE NOT COMPLETED  OR
RESOLVED  WITHIN  THE  STATUTORY TIME FRAMES, THE REASONS FOR FAILURE TO

S. 7813                             4

MEET THE TIME FRAMES, AND THE AVERAGE LENGTH OF TIME FOR SUCH  PETITIONS
TO BE FINALLY COMPLETED OR RESOLVED.
  4.  IF THE COMMISSION FAILS TO MEET OR COMPLY WITH THE TIME FRAMES SET
FORTH IN THIS SUBDIVISION, THE PETITIONER OR COMPLAINANT MAY COMMENCE  A
SPECIAL PROCEEDING AGAINST THE COMMISSION PURSUANT TO SUBDIVISION ONE OF
SECTION SEVENTY-EIGHT HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
A  PREVAILING  PETITIONER OR COMPLAINANT SHALL BE ENTITLED TO REASONABLE
ATTORNEY'S FEES AND COURT COSTS.
  S 4.  The opening paragraph of section 64 of the public service law is
designated subdivision 1 and a new subdivision 2 is  added  to  read  as
follows:
  2. NO PROVISION OF THIS ARTICLE OR OF THIS CHAPTER SHALL AUTHORIZE THE
DEPARTMENT  OR  THE  COMMISSION  TO  WAIVE OR REDUCE COMPLIANCE WITH ANY
REQUIREMENT OF THIS ARTICLE FOR ANY GAS OR ELECTRIC CORPORATION.
  S 5. The opening paragraph of section 89-p of the public  service  law
is  designated subdivision 1 and a new subdivision 2 is added to read as
follows:
  2. NO PROVISION OF THIS ARTICLE OR OF THIS CHAPTER SHALL AUTHORIZE THE
DEPARTMENT OR COMMISSION TO WAIVE OR REDUCE COMPLIANCE WITH ANY REQUIRE-
MENT OF THIS ARTICLE FOR ANY WATER-WORKS CORPORATION.
  S 6. Section 90 of the public service law is amended by adding  a  new
subdivision 4 to read as follows:
  4.  NO  PROVISIONS  OF THIS ARTICLE OR OF THIS CHAPTER SHALL AUTHORIZE
THE DEPARTMENT OR COMMISSION TO WAIVE  OR  REDUCE  COMPLIANCE  WITH  ANY
REQUIREMENT OF THIS ARTICLE FOR ANY TELEGRAPH OR TELEPHONE CORPORATION.
  S  7.  Subdivision 2 of section 307 of the state administrative proce-
dure act is amended to read as follows:
  2. Unless required for the disposition of ex parte matters  authorized
by  law, members or employees of an agency assigned to render a decision
or to make findings of fact and conclusions of law  in  an  adjudicatory
proceeding  shall not communicate, directly or indirectly, in connection
with any issue of fact, with any person or  party,  nor,  in  connection
with any issue of law, with any party or his representative, except upon
notice  and opportunity for all parties to participate.  Any such agency
member (a) may communicate with other members of the agency, and (b) may
have the aid and advice of agency staff other than staff which has  been
or   is  engaged  in  the  investigative  or  prosecuting  functions  in
connection with the case under consideration or factually related case.
  [This subdivision does not apply (a) in determining  applications  for
initial licenses for public utilities or carriers; or (b) to proceedings
involving the validity or application of rates, facilities, or practices
of public utilities or carriers.]
  S  8.  On  or before the one hundred eightieth day after the effective
date of this act, the public service commission shall make or  render  a
determination  on  any  petition  or  complaint  that  was filed with or
submitted to such commission prior to the effective date of this act. As
soon as reasonably possible after the end of the  180  day  period,  the
public  service  commission  shall  issue  a report to the governor, the
speaker of the assembly, the temporary president of the senate  and  the
chairs  of  the senate and assembly standing committees on corporations,
authorities and commissions stating the total  number  of  petitions  or
complaints  involved; the number of petitions or complaints dismissed or
resolved; and if such commission is unable to meet this time frame,  the
reasons for the delay or inaction.
  S  9. Severability. If any provision of this act or its application to
any person or circumstance is held invalid,  this  invalidity  does  not

S. 7813                             5

affect  other  provisions  or applications of this act that can be given
effect without the invalid provision or application, and to this end the
provisions of this act are declared to be severable.
  S 10. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S7813

Sponsored By

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

Actions

2015-S7813 (ACTIVE) - Details

2015-S7813 (ACTIVE) - Summary

2015-S7813 (ACTIVE) - Sponsor Memo

2015-S7813 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2015-S7813

Senate Bill S7813

Share this bill

Sponsored By

Michael H. Ranzenhofer

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

Actions

2015-S7813 (ACTIVE) - Details

2015-S7813 (ACTIVE) - Summary

2015-S7813 (ACTIVE) - Sponsor Memo

2015-S7813 (ACTIVE) - Bill Text download pdf

Comments