NY State Senate Bill 2015-S3356A

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2016	print number 3356a
Jan 25, 2016	amend and recommit to energy and telecommunications
Jan 06, 2016	referred to energy and telecommunications
Feb 05, 2015	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-S3356 - Details

See Assembly Version of this Bill:: A180
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add Art 1-A §§28-a - 28-d, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4550, A6239
2017-2018: S3923, A7293
2019-2020: S4399, A1966

2015-S3356 - Summary

Creates the state office of the utility consumer advocate to represent interests of residential utility customers.

2015-S3356 - Sponsor Memo

                                BILL NUMBER:S3356

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

This bill would create the State Office of the Utility Consumer
Advocate (UCA).

SUMMARY OF PROVISIONS:

Section 1 amends the public service law by adding a new article 1-A
that would establish the state Office of the Utility Consumer
Advocate. The UCA will be appointed by the governor to a six year
term. The section also outlines the qualifications required for such
an appointee and his or her responsibilities as the UCA, including the
operation of the office.

The powers of the office of the office, include initiating,
intervening, and participating on behalf of residential utility
consumers in any proceedings before the Public Service Commission, the
Federal Regulatory Energy Commission, the Federal Communications
Commission, state and local administrative and regulatory agencies,

and state and federal courts in any matter or proceeding that may
substantially affect the interests of residential utility customers.
The section also allows for the UCA to exercise and have independence
in any and all actions of the office.

The new article 1-A also requires an annual report from the office to
the governor and legislature as, which would be made available to the
public, and would that will include information on all proceedings
that the office of the UCA participated in and the outcome of such
proceedings. Additionally, the report shall include estimated savings
to residential utility customers that resulted from intervention by
the UCA, and lastly any policy recommendations and suggested statutory
amendments that the UCA deems necessary.

Section 2 sets the effective date of the first of April next
succeeding the date on which it shall have become law.

JUSTIFICATION:

Currently more than 40 states and the District of Columbia have an
independent state agency that represents the interests of residential
utility customers. New York is one of few states, and by far the
largest, without such an independent office.  In the wake of
Superstorm Sandy, Hurricane Irene, and Tropical Storm Lee, consumers
in New York have been left without a voice and real representation
when it comes to utility services.

This bill would create the State Office of the Utility Consumer
Advocate to serve as an independent advocate and appear on behalf of
New York consumers in state and federal regulatory proceedings, as
well as judi- cial review proceedings concerning rates and conditions


of public service utilities. Currently consumers in New York are
represented by the Public Service Commission as well as the Utility
Intervention Unit, a division of the Department of State. Neither of
them is able to act solely on behalf of the interest of consumers.

The Public Service Commission mediates the competing interests of
utilities and others in their proceedings to develop facts upon which
their decisions are ultimately based. The utility providers as well as
large commercial and industrial customers have an active and able
presence in such proceedings; however there is a glaring lack of input
from any parties representing consumers. The Utility Intervention Unit
operates under the direction of the Secretary of the State, who has
created a non-statutory subordinate at-will position for the Director
of the Utility Intervention Unit. The Utility Consumer Advocate would
be appointed by the Governor, subject to Senate confirmation, and
would serve a term of six years similar to the Chairman of the Public
Service Commission. Therefore the Utility Consumer Advocate would not
be an at-will employee subject to removal without cause by the
Secretary of State or Governor. This would allow for actual
independent action on behalf of residential consumers without the
concern of removal for such action.

In other states where such an office exists residential consumers have
seen drastic savings in comparison to the actual amount of funding
that goes to these offices. California's Division of Ratepayer
Advocates lobbied over 200 times on behalf of California consumers and
saved them over $4 billion in rates saved and increases avoided; in
fact, they estimate that for every $1 spent representing and
advocating on behalf of California's public utility customers, the
average customer saved $153 per year The creation of an appointed
advocate with the powers allotted in this bill would give New York
utility customers a voice at the table, save them a considerable
amount of money when it comes to the utilities they use every day.

PRIOR LEGISLATIVE HISTORY:

S.4550-B of 2013-14 Session - referred to Finance, Assembly companion
bill has passed that house both Sessions.

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect of the first of April next succeeding the
date on which it shall have become law.

2015-S3356 - Bill Text download pdf

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

                                  3356

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by  Sens.  SAVINO,  KLEIN, VALESKY, AVELLA, CARLUCCI -- 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 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.
  (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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01827-01-5

S. 3356                             2

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
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;

S. 3356                             3

  (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 SIXTEEN 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.

co-Sponsors

View additional co-sponsors

2015-S3356A (ACTIVE) - Details

See Assembly Version of this Bill:: A180
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add Art 1-A §§28-a - 28-d, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4550, A6239
2017-2018: S3923, A7293
2019-2020: S4399, A1966

2015-S3356A (ACTIVE) - Summary

Creates the state office of the utility consumer advocate to represent interests of residential utility customers.

2015-S3356A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3356A

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would create the State Office of the Utility Consumer
Advocate (UCA).

 SUMMARY OF PROVISIONS :

Section 1 amends the public service law by adding a new article 1-A
that would establish the state Office of the Utility Consumer
Advocate. The UCA will be appointed by the governor to a six year
term. The section also outlines the qualifications required for such
an appointee and his or her responsibilities as the UCA, including the
operation of the office.

The powers of the office of the office, include initiating,
intervening, and participating on behalf of residential utility
consumers in any proceedings before the Public Service Commission, the
Federal Regulatory Energy Commission, the Federal Communications
Commission, state and local administrative and regulatory agencies,

and state and federal courts in any matter or proceeding that may
substantially affect the interests of residential utility customers.
The section also allows for the UCA to exercise and have independence
in any and all actions of the office.

The new article 1-A also requires an annual report from the office to
the governor and legislature as, which would be made available to the
public, and would that will include information on all proceedings
that the office of the UCA participated in and the outcome of such
proceedings. Additionally, the report shall include estimated savings
to residential utility customers that resulted from intervention by
the UCA, and lastly any policy recommendations and suggested statutory
amendments that the UCA deems necessary.

Section 2 sets the effective date of the first of April next
succeeding the date on which it shall have become law.

 JUSTIFICATION :

Currently more than 40 states and the District of Columbia have an
independent state agency that represents the interests of residential
utility customers. New York is one of few states, and by far the
largest, without such an independent office.  In the wake of
Superstorm Sandy, Hurricane Irene, and Tropical Storm Lee, consumers
in New York have been left without a voice and real representation
when it comes to utility services.

This bill would create the State Office of the Utility Consumer
Advocate to serve as an independent advocate and appear on behalf of
New York consumers in state and federal regulatory proceedings, as
well as judicial review proceedings concerning rates and conditions of
public service utilities. Currently consumers in New York are
represented by the Public Service Commission as well as the Utility
Intervention Unit, a division of the Department of State. Neither of
them is able to act solely on behalf of the interest of consumers.

The Public Service Commission mediates the competing interests of
utilities and others in their proceedings to develop facts upon which
their decisions are ultimately based. The utility providers as well as
large commercial and industrial customers have an active and able
presence in such proceedings; however there is a glaring lack of input
from any parties representing consumers. The Utility Intervention Unit
operates under the direction of the Secretary of the State, who has
created a non-statutory subordinate at-will position for the Director
of the Utility Intervention Unit. The Utility Consumer Advocate would
be appointed by the Governor, subject to Senate confirmation, and
would serve a term of six years similar to the Chairman of the Public
Service Commission. Therefore the Utility Consumer Advocate would not
be an at-will employee subject to removal without cause by the
Secretary of State or Governor. This would allow for actual
independent action on behalf of residential consumers without the
concern of removal for such action.

In other states where such an office exists residential consumers have
seen drastic savings in comparison to the actual amount of funding
that goes to these offices. California's Division of Ratepayer
Advocates lobbied over 200 times on behalf of California consumers and
saved them over $4 billion in rates saved and increases avoided; in
fact, they estimate that for every $1 spent representing and
advocating on behalf of California's public utility customers, the
average customer saved $153 per year The creation of an appointed
advocate with the powers allotted in this bill would give New York
utility customers a voice at the table, save them a considerable
amount of money when it comes to the utilities they use every day.

 PRIOR LEGISLATIVE HISTORY :

S.4550-B of 2013-14 Session - referred to Finance, Assembly companion
bill has passed that house both Sessions.
S.3356 - 2015 Session - referred to Energy and Telecommunications

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect of the first of April next succeeding the
date on which it shall have become law

2015-S3356A (ACTIVE) - Bill Text download pdf

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

                                 3356--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by  Sens. SAVINO, KLEIN, VALESKY, AVELLA, CARLUCCI, ADDABBO,
  KRUEGER, LANZA, LATIMER, MARTINS, MONTGOMERY, PANEPINTO, SERINO, SQUA-
  DRON -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Energy and Telecommunications  --  recommitted
  to  the  Committee on Energy and Telecommunications in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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.
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01827-03-6

S. 3356--A                          2

  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
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

S. 3356--A                          3

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.

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Senate Bill S3356A

Sponsored By

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

Bill Amendments

co-Sponsors

2015-S3356 - Details

2015-S3356 - Summary

2015-S3356 - Sponsor Memo

2015-S3356 - Bill Text download pdf

co-Sponsors

2015-S3356A (ACTIVE) - Details

2015-S3356A (ACTIVE) - Summary

2015-S3356A (ACTIVE) - Sponsor Memo

2015-S3356A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3356A

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Sponsored By

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

Bill Amendments

co-Sponsors

2015-S3356 - Details

2015-S3356 - Summary

2015-S3356 - Sponsor Memo

2015-S3356 - Bill Text download pdf

co-Sponsors

2015-S3356A (ACTIVE) - Details

2015-S3356A (ACTIVE) - Summary

2015-S3356A (ACTIVE) - Sponsor Memo

2015-S3356A (ACTIVE) - Bill Text download pdf

Comments