S T A T E O F N E W Y O R K
________________________________________________________________________
4399
2019-2020 Regular Sessions
I N S E N A T E
March 11, 2019
___________
Introduced by Sens. SAVINO, ADDABBO, 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.
§ 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.
§ 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.
LBD01248-01-9
S. 4399 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.
§ 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. 4399 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.
§ 28-D. REPORTS. ON JULY FIRST, TWO THOUSAND TWENTY AND ANNUALLY THER-
EAFTER, THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL ISSUE A
REPORT TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT AVAIL-
ABLE 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.
§ 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
