Creates 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2469
SPONSOR: Ra TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Establishing the office of, and duties and powers of, a Long Island
utility consumer advocate.
SUMMARY OF PROVISIONS:
Section 1 amends the public service law by adding " 3-c. Utility consum-
er advocate of the Long Island office of the department of public
service." Subsection 1 of the proposed 3-c contains definitions to be
used throughout the section.
Subsection 2 establishes the utility consumer advocate of the Long
Island office of the department of public service, who shall "advocate
and represent the interests of residential Long Island utility custom-
ers." Subsection 2 additionally sets out the six-year term of appoint-
ment, which shall occur via gubernatorial nomination including consulta-
tion with the county executives of Nassau and Suffolk counties, and with
consent of the state senate. Subsection 2 also contains clauses designed
to maintain the independence of the Long Island utility consumer advo-
cate.
Subsection 3 sets out the powers and duties of the office. These include
initiating, intervening, or participating in any appropriate proceeding
before the PSC, FERC, FCC, or another relevant agency - and the requi-
site courts - "in any matter or proceeding that may substantially affect
the Interests of residential Long Island utility customers." Said repre-
sentation of the interests of the residential utility customers of Long
Island shall also include "actions and proceedings to review the actions
of utilities or orders of utility regulatory agencies."
The advocate will also have the duty of representing Long Island resi-
dential utility customers as a party in any relevant court proceedings.
The advocate will exercise independent discretion based on their duty to
the residential utility customers. Their powers shall also include the
ability to request and receive materials from other state and local
governmental entities when it is so required for them to fulfill their
duties.
Subsection 4 details the annual report requirements of the advocate and
office. Said annual report shall include details on the number, nature,
and outcome of the proceedings the office participated in, estimated
savings for residential consumers that resulted from intervention in
various proceedings, and policy recommendations.
Section 2 of the bill states the effective date shall be the first April
1st to occur after bill passage.
JUSTIFICATION:
Public advocates exist in our political system for circumstances when
typical governmental and market forces have failed to produce a suffi-
cient outcome for the betterment of our citizenry. Public utilities are
a vital and necessary service which no citizen of this state should have
to worry about the ability to afford and budget for. Unfortunately, the
existing group of utility providers - and relevant regulating agencies -
have had a long history of failing to produce the best outcomes for the
almost three million residents of Nassau and Suffolk counties.
Utilities are both costly and a basic necessity, which creates the
conundrum we find ourselves in. In a system with so many different
stakeholders attempting to accomplish varying goals and objectives, it
comes as no surprise that what's in the best interest of residential
utility customers often gets lost in the quagmire of rate profitability,
industry best practices, environmental protection, energy consumption
protocols and goals, and the various other considerations that are
entangled in proceedings involving utilities and their respective regu-
latory agencies in the courts. This is why a fully independent Long
Island public utility advocate is vital for ensuring affordable, reli-
able, sustainable, and quality utilities are available to all popu-
lations of Long Island.
PRIOR LEGISLATIVE HISTORY:
A.3366 (2023-2024) - referred to Consumer Affairs and Protection
A.4389 (2021-2022) - referred to consumer affairs and protection
A.11037 (2020) - referred to Consumer Affairs and Protection
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
2469
2025-2026 Regular Sessions
IN ASSEMBLY
January 17, 2025
___________
Introduced by M. of A. RA, DURSO, GANDOLFO -- 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:
1 Section 1. The public service law is amended by adding a new section
2 3-d to read as follows:
3 § 3-d. Utility consumer advocate of the Long Island office of the
4 department of public service. 1. Definitions. When used in this section:
5 (a) "Office" means the Long Island office of the department of public
6 service.
7 (b) "Commission" means the public service commission.
8 (c) "Residential Long Island utility customer" means any resident of
9 Nassau or Suffolk county who is sold or offered for sale residential
10 utility service by a utility company.
11 (d) "Utility company" means any person or entity operating an agency
12 for public service, including, but not limited to, those persons or
13 entities subject to the jurisdiction, supervision and regulations
14 prescribed by or pursuant to the provisions of this chapter.
15 2. Establishment of the utility consumer advocate of the Long Island
16 office of the department of public service. There is established the
17 utility consumer advocate of the Long Island office of the department of
18 public service to advocate and to represent the interests of residential
19 Long Island utility customers. The consumer advocate shall be appointed
20 by the governor to a term of six years, upon the recommendation of the
21 county executives of Nassau and Suffolk counties and upon the advice and
22 consent of the senate. The utility consumer advocate shall possess know-
23 ledge and experience in matters affecting residential Long Island utili-
24 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.
LBD05719-01-5
A. 2469 2
1 operation of the office of utility consumer advocate for the office,
2 including its hiring of staff and retention of experts for analysis and
3 testimony in proceedings. The utility consumer advocate shall not be
4 removed for cause but may be removed only after notice and opportunity
5 to be heard, and only for permanent disability, malfeasance, a felony or
6 conduct involving moral turpitude. Exercise of independent judgment in
7 advocating positions on behalf of residential Long Island utility
8 customers shall not constitute cause for removal of the utility consumer
9 advocate.
10 3. Powers of the utility consumer advocate for the Long Island office
11 of the department of public service. The utility consumer advocate for
12 the office shall have the power and duty to:
13 (a) initiate, intervene in or participate on behalf of residential
14 Long Island utility customers in any proceedings before the commission,
15 the federal energy regulatory commission, the federal communications
16 commission, federal, state and local administrative and regulatory agen-
17 cies and state and federal courts in any matter or proceeding that may
18 substantially affect the interests of residential Long Island utility
19 customers, including, but not limited to, a proposed change of rates,
20 charges, terms and conditions of service, and the adoption of rules,
21 regulations, guidelines, orders, standards or final policy decisions
22 where the utility consumer advocate deems such initiation, intervention
23 or participation to be necessary or appropriate;
24 (b) represent the interests of residential Long Island utility custom-
25 ers before federal, state and local administrative and regulatory agen-
26 cies engaged in the regulation of energy, telecommunications, water and
27 other utility services, and before state and federal courts in actions
28 and proceedings to review the actions of utilities or orders of utility
29 regulatory agencies. Any action or proceeding brought by the utility
30 consumer advocate before a court or an agency shall be brought in the
31 name of the utility consumer advocate for the office. The utility
32 consumer advocate may join with a residential Long Island utility
33 customer or group of residential Long Island utility customers in bring-
34 ing an action;
35 (i) in addition to any other authority conferred upon the utility
36 consumer advocate, such utility consumer advocate is authorized, and it
37 shall be such utility consumer advocate's duty to represent the inter-
38 ests of residential Long Island utility customers as a party, or other-
39 wise participate for the purpose of representing the interests of such
40 customers before any agencies or courts. Such utility consumer advocate
41 may initiate proceedings if in such utility consumer advocate's judgment
42 doing so may be necessary in connection with any matter involving the
43 actions or regulation of public utility companies whether on appeal or
44 otherwise initiated. The utility consumer advocate may monitor all cases
45 before regulatory agencies in the United States, including the federal
46 communications commission and the federal energy regulatory commission
47 that affect the interests of residential Long Island utility customers
48 and may formally participate in those proceedings which in such utility
49 consumer advocate's judgment warrants such participation.
50 (ii) the utility consumer advocate shall exercise such utility consum-
51 er advocate's independent discretion in determining the interests of
52 residential Long Island utility customers that will be advocated in any
53 proceeding, and determining whether to participate in or initiate any
54 proceeding and, in so determining, shall consider the public interest,
55 the resources available, and the substantiality of the effect of the
56 proceeding on the interest of residential Long Island utility customers;
A. 2469 3
1 (c) request and receive from any state or local authority, agency,
2 department or division of the state or political subdivision such
3 assistance, personnel, information, books, records, other documentation
4 and cooperation necessary to perform such utility consumer advocate's
5 duties;
6 (d) enter into cooperative agreements with other government offices to
7 efficiently carry out such utility consumer advocate's work;
8 (e) review and make recommendations to the office with respect to the
9 rates and charges, including charges related to energy efficiency and
10 renewable energy programs;
11 (f) annually review the emergency response plan of the Long Island
12 power authority and any related service provider and make recommenda-
13 tions to the authority with respect to the performance of the service
14 provider in restoring service or otherwise meeting the requirements of
15 the emergency response plan during an emergency event, defined for
16 purposes of this section as an event where widespread outages have
17 occurred in the authority's service territory due to a storm or other
18 causes beyond the control of the authority and the service provider,
19 including making determinations with respect to whether the service
20 provider is reasonably able to implement the emergency response plan,
21 whether the length of any outages related to such emergency were mate-
22 rially longer than they would otherwise have been because the service
23 provider failed to reasonably implement the emergency response plan, the
24 reasonableness of costs associated with such emergency response, the
25 costs, if any, that were unreasonably and imprudently incurred by the
26 service provider and whether the service provider would be liable for
27 any such costs pursuant to the terms and conditions of the operations
28 services agreement;
29 (g) review the annual capital expenditures proposed by the service
30 provider and recommend such improvement in the manufacture, conveying,
31 transportation, distribution or supply of electricity, or in the methods
32 employed by the service provider as in the utility consumer advocate's
33 judgment allows for safe and adequate service; and
34 (h) the purpose of the utility consumer advocate's oversight is to
35 make recommendations designed to ensure that the Long Island power
36 authority, the office and the service provider provide safe and adequate
37 transmission and distribution service at rates set at the lowest level
38 consistent with sound fiscal operating practices and ensure safe emer-
39 gency response planning.
40 4. Reports. On December first, two thousand twenty-seven and annually
41 thereafter, the utility consumer advocate for the office shall issue a
42 report to the governor and the legislature, and make such report avail-
43 able to the public free of charge on a publicly available website,
44 containing, but not limited to, the following information:
45 (a) all proceedings that the utility consumer advocate for the office
46 participated in and the outcome of such proceedings, to the extent of
47 such outcome and if not confidential;
48 (b) estimated savings to residential utility consumers that resulted
49 from intervention by the utility consumer advocate for the office; and
50 (c) policy recommendations, including emergency response planning, and
51 suggested statutory amendments that the utility consumer advocate for
52 the office deems necessary.
53 § 2. This act shall take effect on the first of April next succeeding
54 the date on which it shall have become a law.
