Assembly Bill A11152

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11152
 
                           I N  A S S E M B L Y
 
                              April 28, 2026
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law,  in  relation  to  requiring  an
   administrative  law judge to oversee the process in policy proceedings
   before the public service commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 66 of the public service law is amended by adding a
 new subdivision 33 to read as follows:
   33. (A) IN REGARD TO EXISTING POLICY PROCEEDINGS, AND UPON ISSUANCE OF
 A  COMMISSION  ORDER INSTITUTING A NEW POLICY PROCEEDING, THE DEPARTMENT
 SHALL ASSIGN AN ADMINISTRATIVE LAW JUDGE OR  JUDGES  WHO  HAVE  RECEIVED
 TRAINING IN MEDIATION AND FACILITATION FROM AN ORGANIZATION CERTIFIED TO
 PROVIDE  SUCH TRAINING TO OVERSEE THE PROCEDURAL ASPECTS OF THE PROCEED-
 ING. THE PROCESS ADMINISTRATIVE LAW JUDGE OR JUDGES SHALL  PRESIDE  OVER
 ALL  ACTIVITIES  WITHIN  THE  PROCEEDING  FOR THE PURPOSE OF ENSURING AN
 ORDERLY, FAIR, AND EFFICIENT PROCESS BY ESTABLISHING STRUCTURE FOR MEET-
 INGS, TECHNICAL CONFERENCES, DISCUSSIONS, AND FILINGS,  REDUCING  IMPED-
 IMENTS  TO  PARTICIPATION, AND ENCOURAGING OPEN COMMUNICATION. AMONG THE
 TASKS PERFORMED BY THE JUDGE  OR  JUDGES  ARE  COORDINATING  SCHEDULING,
 RESOLVING  DISCOVERY  DISPUTES, AND FACILITATING ALL MEETINGS, TECHNICAL
 CONFERENCES, AND DISCUSSIONS. AT THE REQUEST OF ANY PARTY, THE JUDGE  OR
 JUDGES MAY FUNCTION AS A MEDIATOR IN REGARD TO A PARTICULAR TOPIC UNLESS
 ANOTHER PARTY THAT IS CONCERNED ABOUT THE SAME TOPIC OBJECTS.
   (B)  THE DEPARTMENT SHALL BE CONSIDERED A PARTY IN POLICY PROCEEDINGS.
 ALL PARTIES IN POLICY PROCEEDINGS SHALL BE SUBJECT TO DISCOVERY PURSUANT
 TO THE DEPARTMENT'S RULES AND REGULATIONS.
   (C) AS USED IN THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (I) "PROCESS ADMINISTRATIVE LAW JUDGE" OR "JUDGE" SHALL MEAN AN ADMIN-
 ISTRATIVE  LAW  JUDGE  ASSIGNED  BY THE DEPARTMENT TO OVERSEE PROCEDURAL
 ACTIVITIES IN POLICY PROCEEDINGS.
   (II) "POLICY PROCEEDING" SHALL MEAN ANY PROCEEDING OTHER THAN  UTILITY
 RATE PROCEEDINGS ASSIGNED A CASE NUMBER OR MATTER NUMBER INVOLVING ELEC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15467-01-6
 A. 11152                            2

 TRICITY,  GAS, STEAM, OR WATER SYSTEM PLANNING, INDUSTRY-WIDE ASPECTS OF
 THE PROVISION OR FURNISHING OF ELECTRICITY, GAS,  STEAM,  OR  WATER,  OR
 THAT MAY HAVE AN IMPACT ON INDUSTRY-WIDE CUSTOMER SERVICE OR AFFORDABIL-
 ITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE TERM "POLICY PROCEED-
 ING"  SHALL  NOT INCLUDE COMMISSION INQUIRIES TRIGGERED BY AN INDIVIDUAL
 CUSTOMER COMPLAINT FILED PURSUANT TO SECTION FORTY-THREE OF  THIS  ARTI-
 CLE.
   (III) "PARTY" SHALL MEAN ANY PARTY TO A COMMISSION POLICY PROCEEDING.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.