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

                                 860--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BRENNAN,
  FARRELL, GLICK, GOTTFRIED, HEVESI, ROSENTHAL, SCHIMEL -- read once and
  referred to the Committee on Energy -- recommitted to the Committee on
  Energy  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public service law, in relation to utility  interve-
  nor  reimbursement; and to amend the state finance law, in relation to
  establishing the utility intervenor account

  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 section
24-c to read as follows:
  S 24-C.   UTILITY INTERVENOR  REIMBURSEMENT.  1.    AS  USED  IN  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "COMPENSATION"  MEANS PAYMENT FROM THE UTILITY INTERVENOR ACCOUNT
FUND ESTABLISHED BY SECTION NINETY-SEVEN-PPPP OF THE STATE FINANCE  LAW,
FOR  ALL  OR  PART, AS DETERMINED BY THE DEPARTMENT, OF REASONABLE ADVO-
CATE'S FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE  COSTS
FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
  (B)  "PARTICIPANT"  MEANS A GROUP OF PERSONS THAT APPLY JOINTLY FOR AN
AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
NOT-FOR-PROFIT ORGANIZATION IN THIS STATE  AUTHORIZED  PURSUANT  TO  ITS
ARTICLES  OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF RESI-
DENTIAL OR SMALL  BUSINESS  UTILITY  CUSTOMERS.  FOR  PURPOSES  OF  THIS
SECTION,  A  PARTICIPANT  DOES  NOT INCLUDE A NON-PROFIT ORGANIZATION OR
OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
UTILITY OR ITS INVESTORS OR EMPLOYEES, OR THE WELFARE  OF  ONE  OR  MORE
BUSINESSES  OR  INDUSTRIES  WHICH RECEIVE UTILITY SERVICE ORDINARILY AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06221-03-6

              

A. 860--A                           2

PRIMARILY FOR USE IN CONNECTION  WITH  THE  PROFIT-SEEKING  MANUFACTURE,
SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
  (C)  "OTHER  REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
DIRECTLY INCURRED BY A PARTICIPANT THAT  ARE  DIRECTLY  RELATED  TO  THE
CONTENTIONS  OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
A SUBSTANTIAL CONTRIBUTION.
  (D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY,  OR
COMMISSION STAFF IN A HEARING OR PROCEEDING.
  (E)  "PROCEEDING"  MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
OTHER FORMAL PROCEEDING BEFORE THE COMMISSION,  OR  ALTERNATIVE  DISPUTE
RESOLUTION  PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH  PROCEEDINGS  SHALL
BE LIMITED TO THOSE ARISING UNDER AND PROCEEDING PURSUANT TO THE FOLLOW-
ING ARTICLES OF THIS CHAPTER: (1) THE REGULATION OF THE PRICE OF GAS AND
ELECTRICITY,  PURSUANT  TO  ARTICLE  FOUR OF THIS CHAPTER; (2) THE REGU-
LATION OF THE PRICE OF STEAM, PURSUANT TO ARTICLE FOUR-A OF  THIS  CHAP-
TER;  (3)  THE SUBMETERING, REMETERING OR RESALE OF ELECTRICITY TO RESI-
DENTIAL PREMISES, PURSUANT TO SECTION SIXTY-FIVE AND SIXTY-SIX  OF  THIS
CHAPTER, AND PURSUANT TO REGULATIONS REGARDING THE SUBMETERING, REMETER-
ING,  OR  RESALE  OF ELECTRICITY ADOPTED BY THE COMMISSION; AND (4) SUCH
SECTIONS OF THIS CHAPTER AS ARE APPLICABLE TO A PROCEEDING IN WHICH  THE
COMMISSION  MAKES  A  FINDING  ON  THE  RECORD  THAT THE PUBLIC INTEREST
REQUIRES THE REIMBURSEMENT OF UTILITY INTERVENOR FEES PURSUANT  TO  THIS
SECTION.
  (F)  "SIGNIFICANT  FINANCIAL HARDSHIP" MEANS THAT THE PARTICIPANT WILL
BE UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF  EFFEC-
TIVE  PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES, AND
OTHER REASONABLE COSTS OF PARTICIPATION.
  (G) "SMALL BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL  REVENUE  OF
TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
  (H)  "SUBSTANTIAL  CONTRIBUTION"  MEANS  THAT,  IN THE JUDGMENT OF THE
DEPARTMENT, THE PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY  ASSIST  THE
COMMISSION  IN  MAKING  ITS  DECISION  BECAUSE THE DECISION MAY ADOPT IN
WHOLE OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS,  OR
SPECIFIC  POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED BY
THE PARTICIPANT.
  2. A PARTICIPANT MAY APPLY FOR AN AWARD  OF  COMPENSATION  UNDER  THIS
SECTION  IN  A  PROCEEDING  IN  WHICH SUCH PARTICIPANT HAS SOUGHT ACTIVE
PARTY STATUS AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT  SHALL  DETER-
MINE  APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH APPLI-
CATIONS.  AT THE TIME OF APPLICATION, SUCH PARTICIPANT  SHALL  SERVE  ON
EVERY  PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD OF
COMPENSATION.
  AN APPLICATION SHALL INCLUDE:
  (A) A STATEMENT OF THE NATURE AND EXTENT AND  THE  FACTUAL  AND  LEGAL
BASIS  OF  THE  PARTICIPANT'S PLANNED PARTICIPATION IN THE PROCEEDING AS
FAR AS IT IS POSSIBLE TO DESCRIBE  SUCH  PARTICIPATION  WITH  REASONABLE
SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
  (B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
  (C)  IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT FINAN-
CIAL HARDSHIP AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO  AN  AWARD
OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
IN  THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE OF
SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.

A. 860--A                           3

  (D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
  3.  (A)  WITHIN  THIRTY  DAYS  AFTER  THE FILING OF AN APPLICATION THE
DEPARTMENT SHALL ISSUE A DECISION THAT DETERMINES  WHETHER  OR  NOT  THE
PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
THE  HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE PARTICIPANT
REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
MENT SHALL DESCRIBE THIS  SUBSTANTIAL  CONTRIBUTION  AND  DETERMINE  THE
AMOUNT  OF  COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION.
  (B) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF  THE  DEPART-
MENT  FINDS  THAT  THE PARTICIPANT HAS A SIGNIFICANT FINANCIAL HARDSHIP,
THE DEPARTMENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE
PROCEEDING TO PAY ALL OR PART OF THE COMPENSATION TO THE  DEPARTMENT  TO
BE  PROVIDED  TO  THE PARTICIPANT PRIOR TO THE END OF THE PROCEEDING. IN
THE EVENT THAT THE PARTICIPANT DISCONTINUES  ITS  PARTICIPATION  IN  THE
PROCEEDING  WITHOUT  THE CONSENT OF THE DEPARTMENT, THE DEPARTMENT SHALL
BE ENTITLED TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE  TO  SUCH
PARTICIPANT  TO  BE  REFUNDED  TO  THE  PUBLIC UTILITY OR UTILITIES THAT
PROVIDED SUCH PAYMENT.
  (C) THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF  THIS
SUBDIVISION  SHALL  TAKE  INTO  CONSIDERATION  THE  MARKET RATES PAID TO
PERSONS  OF  COMPARABLE  TRAINING  AND  EXPERIENCE  WHO  OFFER   SIMILAR
SERVICES.  THE  COMPENSATION  AWARDED  MAY  NOT, IN ANY CASE, EXCEED THE
COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
UTILITY, WHICHEVER IS GREATER, TO PERSONS  OF  COMPARABLE  TRAINING  AND
EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
  (D)  ANY  COMPENSATION  AWARDED  TO A PARTICIPANT AND NOT USED BY SUCH
PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE PUBLIC
UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
  (E) THE DEPARTMENT SHALL REQUIRE  THAT  PARTICIPANTS  SEEKING  PAYMENT
MAINTAIN  AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT OF
SUCH PROCEEDING.
  (I) THE DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES  TO  VERIFY
THE  CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT PURSU-
ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
  (II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
  (III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
IPANT'S RECORDS IN MAKING ANY AUDIT OR DETERMINING THE  AVAILABILITY  OF
FUNDS AFTER THE COMPLETION OF A PROCEEDING.
  (F)  IN  THE  EVENT THAT THE DEPARTMENT FINDS THAT TWO OR MORE PARTIC-
IPANTS' APPLICATIONS HAVE SUBSTANTIALLY SIMILAR INTERESTS,  THE  DEPART-
MENT  MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO RECEIVE
COMPENSATION.
  4. ANY COMPENSATION PURSUANT TO THIS SECTION  SHALL  BE  PAID  AT  THE
CONCLUSION  OF THE PROCEEDING BY THE PUBLIC UTILITY OR UTILITIES SUBJECT
TO THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE  REMIT-
TED  TO  THE  DEPARTMENT WHICH SHALL THEN REMIT SUCH COMPENSATION TO THE
PARTICIPANT.
  5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
TO DELAY OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF  THE  DEPART-
MENT'S RESPONSIBILITIES.
  S  2. The state finance law is amended by adding a new section 97-pppp
to read as follows:
  S 97-PPPP. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY  ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF

A. 860--A                           4

TAXATION AND FINANCE A FUND  TO  BE  KNOWN  AS  THE  UTILITY  INTERVENOR
ACCOUNT.
  2.  SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR REIMBURSEMENT
MONIES RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF  THE
PUBLIC SERVICE LAW.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.