S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4389
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Consumer Affairs and Protection
 
 AN ACT to amend the public service law,  in  relation  to  creating  the
   utility  consumer advocate of the Long Island office of the department
   of public service

   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
 3-c to read as follows:
   § 3-C. UTILITY CONSUMER ADVOCATE OF THE  LONG  ISLAND  OFFICE  OF  THE
 DEPARTMENT OF PUBLIC SERVICE. 1. DEFINITIONS. WHEN USED IN THIS SECTION:
   (A)  "OFFICE" MEANS THE LONG ISLAND OFFICE OF THE DEPARTMENT OF PUBLIC
 SERVICE.
   (B) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
   (C) "RESIDENTIAL LONG ISLAND UTILITY CUSTOMER" MEANS ANY  RESIDENT  OF
 NASSAU  OR  SUFFOLK  COUNTY  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.
   2.  ESTABLISHMENT  OF THE UTILITY CONSUMER ADVOCATE OF THE LONG ISLAND
 OFFICE OF THE DEPARTMENT OF PUBLIC SERVICE.  THERE  IS  ESTABLISHED  THE
 UTILITY CONSUMER ADVOCATE OF THE LONG ISLAND OFFICE OF THE DEPARTMENT OF
 PUBLIC SERVICE TO ADVOCATE AND TO REPRESENT THE INTERESTS OF RESIDENTIAL
 LONG  ISLAND UTILITY CUSTOMERS. THE CONSUMER ADVOCATE SHALL BE APPOINTED
 BY THE GOVERNOR TO A TERM OF SIX YEARS, UPON THE RECOMMENDATION  OF  THE
 COUNTY EXECUTIVES OF NASSAU AND SUFFOLK COUNTIES AND UPON THE ADVICE AND
 CONSENT OF THE SENATE. THE UTILITY CONSUMER ADVOCATE SHALL POSSESS KNOW-
 LEDGE AND EXPERIENCE IN MATTERS AFFECTING RESIDENTIAL LONG ISLAND UTILI-
 TY  CUSTOMERS  AND  SHALL  BE RESPONSIBLE FOR THE DIRECTION, CONTROL AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08070-01-1

 A. 4389                             2
 
 OPERATION OF THE OFFICE OF UTILITY CONSUMER  ADVOCATE  FOR  THE  OFFICE,
 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  LONG  ISLAND UTILITY
 CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE UTILITY CONSUMER
 ADVOCATE.
   3. POWERS OF THE UTILITY CONSUMER ADVOCATE FOR THE LONG ISLAND  OFFICE
 OF  THE  DEPARTMENT OF PUBLIC SERVICE. THE UTILITY CONSUMER ADVOCATE FOR
 THE OFFICE SHALL HAVE THE POWER AND DUTY TO:
   (A) INITIATE, INTERVENE IN OR PARTICIPATE  ON  BEHALF  OF  RESIDENTIAL
 LONG  ISLAND 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  LONG  ISLAND  UTILITY
 CUSTOMERS,  INCLUDING,  BUT  NOT LIMITED TO, A PROPOSED CHANGE OF RATES,
 CHARGES, TERMS AND CONDITIONS OF SERVICE, AND  THE  ADOPTION  OF  RULES,
 REGULATIONS,  GUIDELINES,  ORDERS,  STANDARDS  OR FINAL POLICY DECISIONS
 WHERE THE UTILITY CONSUMER ADVOCATE DEEMS SUCH INITIATION,  INTERVENTION
 OR PARTICIPATION TO BE NECESSARY OR APPROPRIATE;
   (B) REPRESENT THE INTERESTS OF RESIDENTIAL LONG ISLAND UTILITY CUSTOM-
 ERS  BEFORE FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGEN-
 CIES 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  UTILITY  CONSUMER  ADVOCATE  FOR  THE OFFICE. THE UTILITY
 CONSUMER ADVOCATE MAY  JOIN  WITH  A  RESIDENTIAL  LONG  ISLAND  UTILITY
 CUSTOMER OR GROUP OF RESIDENTIAL LONG ISLAND UTILITY CUSTOMERS IN BRING-
 ING AN ACTION;
   (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 LONG ISLAND 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  AGENCIES IN THE UNITED STATES, INCLUDING THE FEDERAL
 COMMUNICATIONS COMMISSION AND THE FEDERAL ENERGY  REGULATORY  COMMISSION
 THAT  AFFECT  THE INTERESTS OF RESIDENTIAL LONG ISLAND UTILITY CUSTOMERS
 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 LONG ISLAND
 UTILITY CUSTOMERS THAT WILL BE ADVOCATED IN ANY PROCEEDING,  AND  DETER-
 MINING  WHETHER  TO PARTICIPATE IN OR INITIATE ANY PROCEEDING AND, IN SO
 DETERMINING, SHALL CONSIDER THE PUBLIC INTEREST,  THE  RESOURCES  AVAIL-
 ABLE,  AND  THE  SUBSTANTIALITY  OF  THE EFFECT OF THE PROCEEDING ON THE
 INTEREST OF RESIDENTIAL LONG ISLAND UTILITY CUSTOMERS;

 A. 4389                             3
 
   (C) 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 HIS OR HER DUTIES;
   (D) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
 EFFICIENTLY CARRY OUT HIS OR HER WORK;
   (E)  REVIEW AND MAKE RECOMMENDATIONS TO THE OFFICE WITH RESPECT TO THE
 RATES AND CHARGES, INCLUDING CHARGES RELATED TO  ENERGY  EFFICIENCY  AND
 RENEWABLE ENERGY PROGRAMS;
   (F)  ANNUALLY  REVIEW  THE  EMERGENCY RESPONSE PLAN OF THE LONG ISLAND
 POWER AUTHORITY AND ANY RELATED SERVICE PROVIDER  AND  MAKE  RECOMMENDA-
 TIONS  TO  THE  AUTHORITY WITH RESPECT TO THE PERFORMANCE OF THE SERVICE
 PROVIDER IN RESTORING SERVICE OR OTHERWISE MEETING THE  REQUIREMENTS  OF
 THE  EMERGENCY  RESPONSE  PLAN  DURING  AN  EMERGENCY EVENT, DEFINED FOR
 PURPOSES OF THIS SECTION AS  AN  EVENT  WHERE  WIDESPREAD  OUTAGES  HAVE
 OCCURRED  IN  THE  AUTHORITY'S SERVICE TERRITORY DUE TO A STORM OR OTHER
 CAUSES BEYOND THE CONTROL OF THE AUTHORITY  AND  THE  SERVICE  PROVIDER,
 INCLUDING  MAKING  DETERMINATIONS  WITH  RESPECT  TO WHETHER THE SERVICE
 PROVIDER IS REASONABLY ABLE TO IMPLEMENT THE  EMERGENCY  RESPONSE  PLAN,
 WHETHER  THE  LENGTH OF ANY OUTAGES RELATED TO SUCH EMERGENCY WERE MATE-
 RIALLY LONGER THAN THEY WOULD OTHERWISE HAVE BEEN  BECAUSE  THE  SERVICE
 PROVIDER FAILED TO REASONABLY IMPLEMENT THE EMERGENCY RESPONSE PLAN, THE
 REASONABLENESS  OF  COSTS  ASSOCIATED  WITH SUCH EMERGENCY RESPONSE, THE
 COSTS, IF ANY, THAT WERE UNREASONABLY AND IMPRUDENTLY  INCURRED  BY  THE
 SERVICE  PROVIDER  AND  WHETHER THE SERVICE PROVIDER WOULD BE LIABLE FOR
 ANY SUCH COSTS PURSUANT TO THE TERMS AND CONDITIONS  OF  THE  OPERATIONS
 SERVICES AGREEMENT;
   (G)  REVIEW  THE  ANNUAL  CAPITAL EXPENDITURES PROPOSED BY THE SERVICE
 PROVIDER AND RECOMMEND SUCH IMPROVEMENT IN THE  MANUFACTURE,  CONVEYING,
 TRANSPORTATION, DISTRIBUTION OR SUPPLY OF ELECTRICITY, OR IN THE METHODS
 EMPLOYED  BY  THE SERVICE PROVIDER AS IN THE UTILITY CONSUMER ADVOCATE'S
 JUDGMENT ALLOWS FOR SAFE AND ADEQUATE SERVICE; AND
   (H) THE PURPOSE OF THE UTILITY CONSUMER  ADVOCATE'S  OVERSIGHT  IS  TO
 MAKE  RECOMMENDATIONS  DESIGNED  TO  ENSURE  THAT  THE LONG ISLAND POWER
 AUTHORITY, THE OFFICE AND THE SERVICE PROVIDER PROVIDE SAFE AND ADEQUATE
 TRANSMISSION AND DISTRIBUTION SERVICE AT RATES SET AT THE  LOWEST  LEVEL
 CONSISTENT  WITH  SOUND FISCAL OPERATING PRACTICES AND ENSURE SAFE EMER-
 GENCY RESPONSE PLANNING.
   4. REPORTS. ON DECEMBER FIRST, TWO THOUSAND TWENTY-THREE AND  ANNUALLY
 THEREAFTER,  THE  UTILITY CONSUMER ADVOCATE FOR THE OFFICE 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 UTILITY CONSUMER ADVOCATE FOR THE  OFFICE
 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 UTILITY CONSUMER ADVOCATE FOR THE OFFICE; AND
   (C) POLICY RECOMMENDATIONS, INCLUDING EMERGENCY RESPONSE PLANNING, AND
 SUGGESTED  STATUTORY  AMENDMENTS  THAT THE UTILITY CONSUMER ADVOCATE FOR
 THE OFFICE 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.