The New York State Senate

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

                                 180--A
                                                         Cal. No. 13

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. DINOWITZ, PAULIN, BRENNAN, GOTTFRIED, ROSENTHAL,
  ZEBROWSKI, SKOUFIS, CRESPO, ROBINSON, MARKEY, WEPRIN,  JAFFEE,  GALEF,
  CAHILL, COLTON, LIFTON, ABINANTI, HEVESI, COOK, STIRPE, STECK, SKARTA-
  DOS, LUPARDO, MAYER, GUNTHER, MOSLEY, ORTIZ, BRINDISI, PERRY, SEPULVE-
  DA,   McDONALD,   KEARNS,   RAIA,  MONTESANO,  SANTABARBARA,  SIMOTAS,
  JEAN-PIERRE, MILLER, HOOPER, ARROYO,  JOYNER,  FAHY,  OTIS,  KAMINSKY,
  PEOPLES-STOKES, HUNTER -- Multi-Sponsored by -- M. of A. CLARK, ENGLE-
  BRIGHT,  GLICK,  MURRAY, RIVERA, SCHIMEL, SIMANOWITZ, SIMON, THIELE --
  read once and referred  to  the  Committee  on  Consumer  Affairs  and
  Protection  --  advanced  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the public service law,  in  relation  to  creating  the
  state office of the utility consumer advocate

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

  Section 1.  The public service law is amended by adding a new  article
1-A to read as follows:
                               ARTICLE 1-A
            THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
SECTION 28-A. DEFINITIONS.
        28-B. ESTABLISHMENT  OF THE STATE OFFICE OF THE UTILITY CONSUMER
                ADVOCATE.
        28-C. POWERS OF THE STATE OFFICE OF THE UTILITY  CONSUMER  ADVO-
                CATE.
        28-D. REPORTS.
  S  28-A.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE:   (A) "DEPARTMENT"
MEANS THE DEPARTMENT OF PUBLIC SERVICE.
  (B) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
  (C) "RESIDENTIAL UTILITY CUSTOMER" MEANS ANY PERSON  WHO  IS  SOLD  OR
OFFERED FOR SALE RESIDENTIAL UTILITY SERVICE BY A UTILITY COMPANY.

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

                      [ ] is old law to be omitted.
                                                           LBD01827-02-6

A. 180--A                           2

  (D)  "UTILITY  COMPANY" MEANS ANY PERSON OR ENTITY OPERATING AN AGENCY
FOR PUBLIC SERVICE, INCLUDING, BUT NOT  LIMITED  TO,  THOSE  PERSONS  OR
ENTITIES  SUBJECT  TO  THE  JURISDICTION,  SUPERVISION  AND  REGULATIONS
PRESCRIBED BY OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER.
  S  28-B.  ESTABLISHMENT  OF  THE  STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE. THERE IS ESTABLISHED THE STATE OFFICE OF THE UTILITY  CONSUMER
ADVOCATE  TO  REPRESENT  THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS.
THE UTILITY CONSUMER ADVOCATE SHALL BE APPOINTED BY THE  GOVERNOR  TO  A
TERM OF SIX YEARS, UPON THE ADVICE AND CONSENT OF THE SENATE. THE UTILI-
TY  CONSUMER  ADVOCATE SHALL POSSESS KNOWLEDGE AND EXPERIENCE IN MATTERS
AFFECTING RESIDENTIAL UTILITY CUSTOMERS AND SHALL BE RESPONSIBLE FOR THE
DIRECTION, CONTROL, AND OPERATION OF THE STATE  OFFICE  OF  THE  UTILITY
CONSUMER  ADVOCATE,  INCLUDING  ITS  HIRING  OF  STAFF  AND RETENTION OF
EXPERTS FOR ANALYSIS AND TESTIMONY IN PROCEEDINGS. THE UTILITY  CONSUMER
ADVOCATE  SHALL  NOT BE REMOVED FOR CAUSE, BUT MAY BE REMOVED ONLY AFTER
NOTICE AND OPPORTUNITY TO BE HEARD, AND ONLY FOR  PERMANENT  DISABILITY,
MALFEASANCE, A FELONY, OR CONDUCT INVOLVING MORAL TURPITUDE. EXERCISE OF
INDEPENDENT  JUDGMENT  IN  ADVOCATING POSITIONS ON BEHALF OF RESIDENTIAL
UTILITY CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE  UTILITY
CONSUMER ADVOCATE.
  S  28-C.  POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE.
THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL HAVE  THE  POWER
AND  DUTY  TO:  (A)  INITIATE, INTERVENE IN, OR PARTICIPATE ON BEHALF OF
RESIDENTIAL UTILITY CUSTOMERS IN ANY PROCEEDINGS BEFORE THE  COMMISSION,
THE  FEDERAL  ENERGY  REGULATORY  COMMISSION, THE FEDERAL COMMUNICATIONS
COMMISSION, FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGEN-
CIES, AND STATE AND FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT  MAY
SUBSTANTIALLY  AFFECT  THE  INTERESTS  OF RESIDENTIAL UTILITY CUSTOMERS,
INCLUDING, BUT NOT LIMITED TO, A  PROPOSED  CHANGE  OF  RATES,  CHARGES,
TERMS  AND  CONDITIONS  OF  SERVICE, THE ADOPTION OF RULES, REGULATIONS,
GUIDELINES, ORDERS, STANDARDS OR FINAL POLICY DECISIONS WHERE THE UTILI-
TY CONSUMER ADVOCATE DEEMS  SUCH  INITIATION,  INTERVENTION  OR  PARTIC-
IPATION TO BE NECESSARY OR APPROPRIATE;
  (B)  REPRESENT  THE  INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS OF THE
STATE BEFORE FEDERAL, STATE  AND  LOCAL  ADMINISTRATIVE  AND  REGULATORY
AGENCIES ENGAGED IN THE REGULATION OF ENERGY, TELECOMMUNICATIONS, WATER,
AND  OTHER  UTILITY  SERVICES,  AND  BEFORE  STATE AND FEDERAL COURTS IN
ACTIONS AND PROCEEDINGS TO REVIEW THE ACTIONS OF UTILITIES OR ORDERS  OF
UTILITY  REGULATORY  AGENCIES.  ANY  ACTION OR PROCEEDING BROUGHT BY THE
UTILITY CONSUMER ADVOCATE BEFORE A COURT OR AN AGENCY SHALL  BE  BROUGHT
IN  THE  NAME  OF THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE. THE
UTILITY CONSUMER ADVOCATE MAY JOIN WITH A RESIDENTIAL  UTILITY  CUSTOMER
OR GROUP OF RESIDENTIAL UTILITY CUSTOMERS IN BRINGING AN ACTION;
  (C)  (I) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON THE UTILITY
CONSUMER ADVOCATE, HE OR SHE IS AUTHORIZED, AND IT SHALL BE HIS  OR  HER
DUTY  TO  REPRESENT  THE INTERESTS OF RESIDENTIAL UTILITY CUSTOMERS AS A
PARTY, OR OTHERWISE PARTICIPATE FOR  THE  PURPOSE  OF  REPRESENTING  THE
INTERESTS OF SUCH CUSTOMERS BEFORE ANY AGENCIES OR COURTS. HE OR SHE MAY
INITIATE PROCEEDINGS IF IN HIS OR HER JUDGMENT DOING SO MAY BE NECESSARY
IN  CONNECTION  WITH  ANY  MATTER INVOLVING THE ACTIONS OR REGULATION OF
PUBLIC UTILITY COMPANIES WHETHER ON APPEAL OR OTHERWISE  INITIATED.  THE
UTILITY  CONSUMER ADVOCATE MAY MONITOR ALL CASES BEFORE REGULATORY AGEN-
CIES IN THE UNITED STATES, INCLUDING THE FEDERAL COMMUNICATIONS  COMMIS-
SION AND THE FEDERAL ENERGY REGULATORY COMMISSION THAT AFFECT THE INTER-
ESTS  OF  RESIDENTIAL  UTILITY  CUSTOMERS  OF THE STATE AND MAY FORMALLY

A. 180--A                           3

PARTICIPATE IN THOSE PROCEEDINGS WHICH IN HIS OR HER  JUDGMENT  WARRANTS
SUCH PARTICIPATION.
  (II) THE UTILITY CONSUMER ADVOCATE SHALL EXERCISE HIS OR HER INDEPEND-
ENT  DISCRETION  IN  DETERMINING  THE  INTERESTS  OF RESIDENTIAL UTILITY
CUSTOMERS THAT WILL BE ADVOCATED  IN  ANY  PROCEEDING,  AND  DETERMINING
WHETHER  TO  PARTICIPATE IN OR INITIATE ANY PROCEEDING AND, IN SO DETER-
MINING, SHALL CONSIDER THE PUBLIC INTEREST, THE RESOURCES AVAILABLE, AND
THE SUBSTANTIALITY OF THE EFFECT OF THE PROCEEDING ON  THE  INTEREST  OF
RESIDENTIAL UTILITY CUSTOMERS;
  (D)  REQUEST  AND  RECEIVE  FROM ANY STATE OR LOCAL AUTHORITY, AGENCY,
DEPARTMENT OR DIVISION  OF  THE  STATE  OR  POLITICAL  SUBDIVISION  SUCH
ASSISTANCE,  PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER DOCUMENTATION
AND COOPERATION NECESSARY TO PERFORM ITS DUTIES; AND
  (E) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
EFFICIENTLY CARRY OUT ITS WORK.
  S 28-D. REPORTS. ON JULY FIRST, TWO THOUSAND  SEVENTEEN  AND  ANNUALLY
THEREAFTER,  THE  STATE  OFFICE  OF  THE UTILITY CONSUMER ADVOCATE SHALL
ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT
AVAILABLE TO THE PUBLIC FREE OF CHARGE ON A PUBLICLY AVAILABLE  WEBSITE,
CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
  (A)  ALL  PROCEEDINGS  THAT  THE  STATE OFFICE OF THE UTILITY CONSUMER
ADVOCATE PARTICIPATED IN AND THE OUTCOME OF  SUCH  PROCEEDINGS,  TO  THE
EXTENT OF SUCH OUTCOME AND IF NOT CONFIDENTIAL;
  (B)  ESTIMATED  SAVINGS TO RESIDENTIAL UTILITY CONSUMERS THAT RESULTED
FROM INTERVENTION BY THE STATE OFFICE OF THE UTILITY CONSUMER  ADVOCATE;
AND
  (C) POLICY RECOMMENDATIONS AND SUGGESTED STATUTORY AMENDMENTS THAT THE
STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE DEEMS NECESSARY.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.