BILL NO A04996
SAME AS SAME AS S02476
SPONSOR Simotas (MS)
COSPNSR Colton, Hooper
MLTSPNSR Abinanti, Gottfried
Amd S4, Pub Serv L
Requires that at least one commissioner of the public service commission have
experience in utility consumer advocacy.
BILL NUMBER:A4996
TITLE OF BILL: An act to amend the public service law, in relation to
requiring at least one commissioner of the public service commission
to have experience in utility consumer advocacy
PURPOSE OR GENERAL IDEA OF BILL: By requiring that at least one member
of the Public Service Commission must be an experienced consumer
advocate, this bill will help restore the effectiveness of that body
in ensuring that public utilities operate in the best interest of the
public.
SUMMARY OF SPECIFIC PROVISIONS: Bill S 1 amends subdivision 1 of S 4
of the Public Service to add a requirement that at least one
commissioner of the Public Service Commission (PSC) must have
experience in utility consumer advocacy.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Other than
provisions for political party balance, there are currently no
statutory standards for appointments to the PSC. This stands in marked
contrast to statutes in many other states, which provide various
mechanisms for determining qualifications for utility regulators --
including requirements in two of our neighboring states that at least
one commissioner must have experience in consumer protection and
advocacy.
JUSTIFICATION: The Public Service Commission is responsible for
overseeing the operations of "public utilities" -- providers of
energy, telecommunications and cable services that provide essential
services through the use of public rights-of-way and similar common
resources. It has long been recognized that, as was stated by
then-Governor Franklin Roosevelt in 1932, the PSC is not a "mere
arbitrator" but acts "as agent of the public" in seeing that utilities
"do two things: first, give people adequate service; second, charge
reasonable rates...."
In recent years, many people believe that the PSC has strayed from its
core mission of ensuring consumers receive adequate service at
reasonable rates. To rectify this situation, this legislation would
require that at least one PSC commissioner must have experience in
advocating for the interests of utility consumers. This provision is
already in force in the State of Connecticut (C.G.S. 516-2). Another
of our neighbors, Massachusetts, similarly requires that one of its
commissioners must have a background and experience in consumer
protection and advocacy issues (Mass. Gen. Laws title 25, 52).
Placing a dedicated consumer representative on the PSC will help
ensure that the interests of working families, small businesses and
other ratepayers are not subordinated to the interests of public
utilities and other commercial interests that are already
well-represented in PSC proceedings.
PRIOR LEGISLATIVE HISTORY: 2009-10; A8406- 05/19/09 referred to
economic development 01/06/10 referred to economic development
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: Thirtieth day after becoming law, and will apply to
any appointments to the PSC made on or after such date.
S T A T E O F N E W Y O R K
________________________________________________________________________
4996
2015-2016 Regular Sessions
I N A S S E M B L Y
February 10, 2015
___________
Introduced by M. of A. SIMOTAS, COLTON, HOOPER -- Multi-Sponsored by --
M. of A. ABINANTI, GOTTFRIED -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the public service law, in relation to requiring at
least one commissioner of the public service commission to have expe-
rience in utility consumer advocacy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 4 of the public service law, as
2 amended by chapter 155 of the laws of 1970, is amended to read as
3 follows:
4 1. There shall be in the department of public service a public service
5 commission, which shall possess the powers and duties hereinafter speci-
6 fied, and also all powers necessary or proper to enable it to carry out
7 the purposes of this chapter. The commission shall consist of five
8 members, to be appointed by the governor, by and with the advice and
9 consent of the senate. A commissioner shall be designated as chairman of
10 the commission by the governor to serve in such capacity at the pleasure
11 of the governor or until his term as commissioner expires whichever
12 first occurs. AT LEAST ONE COMMISSIONER SHALL HAVE EXPERIENCE IN UTILITY
13 CONSUMER ADVOCACY. No more than three commissioners may be members of
14 the same political party unless, pursuant to action taken under subdivi-
15 sion two, the number of commissioners shall exceed five, and in such
16 event no more than four commissioners may be members of the same poli-
17 tical party.
18 S 2. This act shall take effect on the thirtieth day after it shall
19 have become a law and shall apply to appointments made on or after such
20 date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07125-01-5
