NY State Senate Bill S3034A

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (25)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2022	vetoed memo.161
Dec 12, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly
May 31, 2022	ordered to third reading rules cal.437 substituted for a873a
May 10, 2022	referred to energy delivered to assembly passed senate
May 02, 2022	advanced to third reading
Apr 27, 2022	2nd report cal.
Apr 26, 2022	1st report cal.858
Mar 01, 2022	reported and committed to finance
Jan 05, 2022	referred to energy and telecommunications returned to senate died in assembly
May 25, 2021	referred to energy delivered to assembly passed senate
May 19, 2021	amended on third reading 3034a
May 10, 2021	advanced to third reading
May 05, 2021	2nd report cal.
May 04, 2021	1st report cal.906
Feb 22, 2021	reported and committed to finance
Jan 27, 2021	referred to energy and telecommunications

Votes

view votes

May 11, 2022 - floor Vote

S3034A

floor

Aye

Nay

Absent

Excused

Abstained

May 10, 2022 - floor Vote

S3034A

floor

Aye

Nay

Absent

Excused

Abstained

Apr 26, 2022 - Finance committee Vote

S3034A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Mar 1, 2022 - Energy and Telecommunications committee Vote

S3034A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 25, 2021 - floor Vote

S3034A

floor

Aye

Nay

Absent

Excused

Abstained

May 4, 2021 - Finance committee Vote

S3034

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 22, 2021 - Energy and Telecommunications committee Vote

S3034

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S3034 - Details

See Assembly Version of this Bill:: A873
Law Section:: Public Service Law
Laws Affected:: Add §24-c, Pub Serv L; add §97-uuuu, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7687, A8722
2011-2012: S1088, A27
2013-2014: S3236, A1247
2015-2016: S1090, A860
2017-2018: S3250, A17
2019-2020: S3605, A145
2023-2024: S405

S3034 - Summary

Relates to utility intervenor reimbursement.

S3034 - Sponsor Memo

 
BILL NUMBER: S3034

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
SUBJECT AND PURPOSE:

The purpose of this bill is to establish procedural and substantive
criteria for intervenor reimbursement to a participant for its reason-
able costs of participation in any proceeding before the Public Service
Commission (PSC).

 
SUMMARY AND DESCRIPTION OF PROVISIONS:

This bill would permit groups of individuals or not-for-profit organiza-
tions that represent residential or small business customers to apply
for reimbursement of its costs for reasonable advocate's fees, reason-

able expert witness fees, and other reasonable costs in a proceeding
before the Public Service Commission (PSC). The PSC would he authorized
to determine appropriate application procedures. This legislation would
also provide for compensation to be awarded in advance if the partic-
ipant makes a showing of significant financial hardship.

Section 1 of this legislation would establish definitions for "compen-
sation," "participant," "commission," "other reasonable costs," "party,"
"Proceeding," "significant financial hardship," "small business," and
"substantial contribution."

Subsection 2 of this legislation would establish requirements that
participants would need to include in its application to be submitted to
the PSC. This section would require a statement of planned partic-
ipation; description of anticipated advocate's fees, expert fees and
other costs; and, any other material required by the PSC. If partic-
ipation would impose significant financial hardship on the applicant,
evidence of such hardship must also be submitted.

Subsection 3 of this legislation would require the PSC, within seventy-
five days after the application has been filed, to issue a decision that
determines if the participant has made a substantial contribution to its
final decision. If the participant included evidence of substantial
financial hardship, the PSC would determine whether such showing was
made and the amount of compensation to be paid by the public utility or
utilities prior to the end of the proceeding. This section would author-
ize the PSC to recover any advance payments made if the participant
discontinues its Participation without the PSC's consent. This section
would establish the criteria in which compensation is calculated and
would require any unused compensation to be returned to the public util-
ity or utilities. This section would authorize the PSC to audit the
records and hooks of a participant that would claim significant finan-
cial hardship. This section would also authorize the PSC to require
participants to join their claims if they have substantially similar
interests.

Subsection 4 of this legislation would require a public utility or util-
ities subject to the proceeding to remit any compensation within thirty
days of the proceeding. The PSC would then remit such compensation to
the participant.  Subsection 5 of this legislation would authorize the
Department to deny any compensation to any participant who attempts to
delay or obstruct the proceeding.

Section 2 amends the state finance law establishes the utility interve-
nor account in the custody of the state comptroller and the commissioner
taxation and finance

Section 3 This act shall take effect on the 30th day after it shall have
become law.

 
JUSTIFICATION:

The intent of this legislation is to recognize and remedy the fact that
individual action by residential consumers and small businesses for the
purposes of participating in utility matters and communicating their
views is rendered impracticable by reason of the disproportionate
expense of taking such action.

PSC proceedings are offered in a way that minimizes public partic-
ipation. It is incredibly difficult for typical New Yorkers to remain on
top of the goings-on of the PSC. The Commission's usual meeting time is
* 10:30 a.m., a time when the average citizen or small business owner is
not likely to participate. In many instances, the only people who can
attend on a regular basis are most likely those whose job depends on it,
such as representatives of the utilities and other special interests.

The legislation recognizes that citizen participation should be encour-
aged when government regulators set Policy. Individuals who seek to
participate in Public Service Commission (PSC) utility proceedings are
referred to as intervenors. Increased public participation through the
through the intervenor process, if sought and not fought, will spur a
more open and accountable government regulatory process that may yield
creative socially responsible solutions to difficult issues. This legis-
lation will provide a mechanism to allow residential and small business
utility customers to access financial resources to become active partic-
ipants in PSC proceedings. This includes the ability to receive compen-
sation of advocate fees, expert witness fees, and other reasonable costs
associated with their participation.

 
LEGISLATIVE HISTORY:

2019/20 S3605 - REPORTED AND COMMITTED TO FINANCE
2017/18 S3250 - Referred to Energy and Telecommunications
2015-16: 1090A/A.860A - Amend and Recommit to Energy and Telecommuni-
cations
2013-14: S.3236/A.1247 - Died in Energy
2011-12: S.1088 - Referred to and died in Energy & Telecom
2009-10: S.7687/A.8722 - Passed the Senate/Ways and Means

 
FISCAL IMPLICATIONS:

None to the State. Intervenor fees would be provided by utilities.

 
EFFECTIVE DATE:
This legislation would be effective thirty days after being signed into
law.

S3034 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3034
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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:
   §  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-UUUU 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01303-01-1

 S. 3034                             2
 
 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 SECTIONS 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.
   (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

 S. 3034                             3
 
 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.
   §  2. The state finance law is amended by adding a new section 97-uuuu
 to read as follows:
   § 97-UUUU. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY  ESTABLISHED
 IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
 TAXATION AND FINANCE A FUND  TO  BE  KNOWN  AS  THE  UTILITY  INTERVENOR
 ACCOUNT.

 S. 3034                             4
 
   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.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

Co-Sponsors

S3034A (ACTIVE) - Details

See Assembly Version of this Bill:: A873
Law Section:: Public Service Law
Laws Affected:: Add §24-c, Pub Serv L; add §97-uuuu, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7687, A8722
2011-2012: S1088, A27
2013-2014: S3236, A1247
2015-2016: S1090, A860
2017-2018: S3250, A17
2019-2020: S3605, A145
2023-2024: S405

S3034A (ACTIVE) - Summary

Relates to utility intervenor reimbursement.

S3034A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3034A

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
SUBJECT AND PURPOSE:

The purpose of this bill is to establish procedural and substantive
criteria for intervenor reimbursement to a participant for its reason-
able costs of participation in any proceeding before the Public Service
Commission (PSC).

 
SUMMARY AND DESCRIPTION OF PROVISIONS:

This bill would permit groups of individuals or not-for-profit organiza-
tions that represent residential or small business customers to apply
for reimbursement of its costs for reasonable advocate's fees, reason-

able expert witness fees, and other reasonable costs in a proceeding
before the Public Service Commission (PSC). The PSC would he authorized
to determine appropriate application procedures. This legislation would
also provide for compensation to be awarded in advance if the partic-
ipant makes a showing of significant financial hardship.

Section 1 of this legislation would establish definitions for "compen-
sation," "participant," "commission," "other reasonable costs," "party,"
"Proceeding," "significant financial hardship," "small business," and
"substantial contribution."

Subsection 2 of this legislation would establish requirements that
participants would need to include in its application to be submitted to
the PSC. This section would require a statement of planned partic-
ipation; description of anticipated advocate's fees, expert fees and
other costs; and, any other material required by the PSC. If partic-
ipation would impose significant financial hardship on the applicant,
evidence of such hardship must also be submitted.

Subsection 3 of this legislation would require the PSC, within seventy-
five days after the application has been filed, to issue a decision that
determines if the participant has made a substantial contribution to its
final decision. If the participant included evidence of substantial
financial hardship, the PSC would determine whether such showing was
made and the amount of compensation to be paid by the public utility or
utilities prior to the end of the proceeding. This section would author-
ize the PSC to recover any advance payments made if the participant
discontinues its Participation without the PSC's consent. This section
would establish the criteria in which compensation is calculated and
would require any unused compensation to be returned to the public util-
ity or utilities. This section would authorize the PSC to audit the
records and hooks of a participant that would claim significant finan-
cial hardship. This section would also authorize the PSC to require
participants to join their claims if they have substantially similar
interests.

Subsection 4 of this legislation would require a public utility or util-
ities subject to the proceeding to remit any compensation within thirty
days of the proceeding. The PSC would then remit such compensation to
the participant. Subsection 5 of this legislation would authorize the
Department to deny any compensation to any participant who attempts to
delay or obstruct the proceeding.

Section 5 allows the department to deny any award to any participant who
attempts to delay or obstruct the orderly and timely fulfillment of the
department's responsibilities.

Section 2 amends the state finance law establishes the utility interve-
nor account in the custody of the state comptroller and the commissioner
taxation and finance

Section 3 This act shall take effect on the 30th day after it shall have
become law.

 
JUSTIFICATION:

The intent of this legislation is to recognize and remedy the fact that
individual action by residential consumers and small businesses for the
purposes of participating in utility matters and communicating their
views is rendered impracticable by reason of the disproportionate
expense of taking such action.  PSC proceedings are offered in a way
that minimizes public participation. It is incredibly difficult for
typical New Yorkers to remain on top of the goings-on of the PSC. The
Commission's usual meeting time is * 10:30 a.m., a time when the average
citizen or small business owner is not likely to participate. In many
instances, the only people who can attend on a regular basis are most
likely those whose job depends on it, such as representatives of the
utilities and other special interests.

The legislation recognizes that citizen participation should be encour-
aged when government regulators set Policy. Individuals who seek to
participate in Public Service Commission (PSC) utility proceedings are
referred to as intervenors. Increased public participation through the
through the intervenor process, if sought and not fought, will spur a
more open and accountable government regulatory process that may yield
creative socially responsible solutions to difficult issues. This legis-
lation will provide a mechanism to allow residential and small business
utility customers to access financial resources to become active partic-
ipants in PSC proceedings. This includes the ability to receive compen-
sation of advocate fees, expert witness fees, and other reasonable costs
associated with their participation.

 
LEGISLATIVE HISTORY:

2020/21 S3034 - ADVANCED TO THIRD READING

2019/20 S3605 - REPORTED AND COMMITTED TO FINANCE

2017/18 S3250 - Referred to Energy and Telecommunications

2015-16: 1090A/A.860A - Amend and Recommit to Energy and Telecommuni-
cations

2013-14: S.3236/A.1247 - Died in Energy

2011-12: S.1088 - Referred to and died in Energy & Telecom
2009-10: S.7687/A.8722 - Passed the Senate/Ways and Means

 
FISCAL IMPLICATIONS:

None to the State. Intervenor fees would be provided by utilities.

 
EFFECTIVE DATE:
This legislation would be effective thirty days after being signed into
law.

S3034A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3034--A
     Cal. No. 906
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sens. PARKER, HINCHEY, HOYLMAN -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and  Telecommunications  -- reported favorably from said committee and
   committed to the Committee on Finance -- reported favorably from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 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:
   §  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-UUUU 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.
                                                            LBD01303-02-1

 S. 3034--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 EXCEPT THOSE
 DESCRIBED IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF SUBDIVISION TWELVE OF
 SECTION SIXTY-SIX OF THIS CHAPTER; (2) THE REGULATION OF  THE  PRICE  OF
 STEAM,  PURSUANT TO ARTICLE FOUR-A OF THIS CHAPTER; (3) THE SUBMETERING,
 REMETERING OR RESALE OF ELECTRICITY TO RESIDENTIAL PREMISES, PURSUANT TO
 SECTIONS SIXTY-FIVE AND SIXTY-SIX OF THIS CHAPTER, AND PURSUANT TO REGU-
 LATIONS REGARDING THE SUBMETERING, REMETERING, 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 UTILI-
 TY 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

 S. 3034--A                          3
 
 IN  THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE OF
 SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
   (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.
   §  2. The state finance law is amended by adding a new section 97-uuuu
 to read as follows:

 S. 3034--A                          4
 
   § 97-UUUU. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY  ESTABLISHED
 IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
 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.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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The New York State Senate

senate Bill S3034A

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

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Votes

May 11, 2022 - floor Vote

Floor Vote: May 11, 2022

May 10, 2022 - floor Vote

Floor Vote: May 10, 2022

Apr 26, 2022 - Finance committee Vote

Finance Committee Vote: Apr 26, 2022

Mar 1, 2022 - Energy and Telecommunications committee Vote

Energy and Telecommunications Committee Vote: Mar 1, 2022

May 25, 2021 - floor Vote

Floor Vote: May 25, 2021

May 4, 2021 - Finance committee Vote

Committee Vote: May 4, 2021

Feb 22, 2021 - Energy and Telecommunications committee Vote

Committee Vote: Feb 22, 2021

Bill Amendments

Co-Sponsors

S3034 - Details

S3034 - Summary

S3034 - Sponsor Memo

S3034 - Bill Text download pdf

Co-Sponsors

S3034A (ACTIVE) - Details

S3034A (ACTIVE) - Summary

S3034A (ACTIVE) - Sponsor Memo

S3034A (ACTIVE) - Bill Text download pdf

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senate Bill S3034A

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

May 11, 2022 - floor Vote

Floor Vote: May 11, 2022

May 10, 2022 - floor Vote

Floor Vote: May 10, 2022

Apr 26, 2022 - Finance committee Vote

Finance Committee Vote: Apr 26, 2022

Mar 1, 2022 - Energy and Telecommunications committee Vote

Energy and Telecommunications Committee Vote: Mar 1, 2022

May 25, 2021 - floor Vote

Floor Vote: May 25, 2021

May 4, 2021 - Finance committee Vote

Committee Vote: May 4, 2021

Feb 22, 2021 - Energy and Telecommunications committee Vote

Committee Vote: Feb 22, 2021

Bill Amendments

Co-Sponsors

Michelle Hinchey

Brad Hoylman-Sigal

S3034 - Details

S3034 - Summary

S3034 - Sponsor Memo

S3034 - Bill Text download pdf

Co-Sponsors

Michelle Hinchey

Brad Hoylman-Sigal

Shelley B. Mayer

S3034A (ACTIVE) - Details

S3034A (ACTIVE) - Summary

S3034A (ACTIVE) - Sponsor Memo

S3034A (ACTIVE) - Bill Text download pdf

Comments