New York State Assembly

 
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A02468 Summary:

A02468 Actions:

A02468 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:03/25/2025AYE/NAY:13/2  Action: Favorable refer to committee Codes        
Rozic
Aye
Mikulin
Aye
Fall
Absent
Miller
Nay
Gallagher
Aye
Blumencranz
Aye
Rajkumar
Aye
Durso
Aye
Forrest
Aye
Bologna
Nay
Bores
Aye
Lee
Aye
Alvarez
Aye
Cunningham
Aye
Torres
Aye
Carroll
Aye

Committee:CODES   Chair:Dinowitz      
DATE:03/25/2025AYE/NAY:18/3  Action: Favorable refer to committee Ways and Means        
Dinowitz
Aye
Morinello
Nay
Cook
Aye
Reilly
Aye
Lavine
Aye
Mikulin
Aye
Weprin
Aye
Tannousis
Excused
Hevesi
Aye
Angelino
Nay
Seawright
Aye
Molitor
Nay
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Epstein
Aye
Bores
Aye
Reyes
Aye
Cunningham
Aye
Romero
Aye
Alvarez
Aye

Committee:WAYS AND MEANS   Chair:Pretlow      
DATE:05/20/2025AYE/NAY:32/3  Action: Favorable refer to committee Rules        
Pretlow
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Nay
Colton
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Benedetto
Aye
Palmesano
Nay
Weprin
Aye
Walsh
Nay
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Giglio
Aye
Dinowitz
Aye
Magnarelli
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye
Otis
Aye
Solages
Aye
Hunter
Aye
Epstein
Aye
Septimo
Aye

Committee:RULES   Chair:Glick      
DATE:05/29/2025AYE/NAY:25/2  Action: Favorable         
Heastie
Excused
Barclay
Nay
Pretlow
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Smith
Aye
Peoples-Stokes
Aye
Jensen
Aye
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Braunstein
Aye
Davila
Excused
Hyndman
Aye
Rozic
Excused
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Aye

A02468 Floor Votes:

A02468 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2468
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  DINOWITZ, PEOPLES-STOKES, PAULIN, ROSENTHAL,
          WEPRIN, COLTON, HEVESI, COOK, STIRPE,  STECK,  LUPARDO,  SANTABARBARA,
          OTIS,  HUNTER,  BARRETT, SEAWRIGHT, TAYLOR, SIMON, BENEDETTO, BURDICK,
          EPSTEIN, GONZALEZ-ROJAS, CRUZ, GLICK, KELLES, GALLAGHER,  SAYEGH,  RA,
          SMITH,  BRABENEC, DeSTEFANO -- 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
          state office of the utility consumer advocate
 
          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  article
     2  1-A to read as follows:
     3                                 ARTICLE 1-A
     4              THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
     5  Section 28-a. Definitions.
     6          28-b. Establishment  of the state office of the utility consumer
     7                  advocate.
     8          28-c. Powers of the state office of the utility  consumer  advo-
     9                  cate.
    10          28-d. Reports.
    11    §  28-a.  Definitions.  When  used in this article:   (a) "Department"
    12  means the department of public service.
    13    (b) "Commission" means the public service commission.
    14    (c) "Residential utility customer" means any person  who  is  sold  or
    15  offered for sale residential utility service by a utility company.
    16    (d)  "Utility  company" means any person or entity operating an agency
    17  for public service, including, but not  limited  to,  those  persons  or
    18  entities  subject  to  the  jurisdiction,  supervision  and  regulations
    19  prescribed by or pursuant to the provisions of this chapter.
    20    § 28-b. Establishment of the state  office  of  the  utility  consumer
    21  advocate.  There is established the state office of the utility consumer

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05952-01-5
        A. 2468                             2
 
     1  advocate to represent the interests of  residential  utility  customers.
     2  The  utility  consumer  advocate shall be appointed by the governor to a
     3  term of six years, upon the advice and consent of the senate. The utili-
     4  ty  consumer  advocate shall possess knowledge and experience in matters
     5  affecting residential utility customers and shall be responsible for the
     6  direction, control, and operation of the state  office  of  the  utility
     7  consumer  advocate,  including  its  hiring  of  staff  and retention of
     8  experts for analysis and testimony in proceedings. The utility  consumer
     9  advocate  shall  not be removed for cause, but may be removed only after
    10  notice and opportunity to be heard, and only for  permanent  disability,
    11  malfeasance, a felony, or conduct involving moral turpitude. Exercise of
    12  independent  judgment  in  advocating positions on behalf of residential
    13  utility customers shall not constitute cause for removal of the  utility
    14  consumer advocate.
    15    §  28-c.  Powers of the state office of the utility consumer advocate.
    16  The state office of the utility consumer advocate shall have  the  power
    17  and  duty  to:  (a)  initiate, intervene in, or participate on behalf of
    18  residential utility customers in any proceedings before the  commission,
    19  the  federal  energy  regulatory  commission, the federal communications
    20  commission, federal, state and local administrative and regulatory agen-
    21  cies, and state and federal courts in any matter or proceeding that  may
    22  substantially  affect  the  interests  of residential utility customers,
    23  including, but not limited to, a  proposed  change  of  rates,  charges,
    24  terms  and  conditions  of  service, the adoption of rules, regulations,
    25  guidelines, orders, standards or final policy decisions where the utili-
    26  ty consumer advocate deems  such  initiation,  intervention  or  partic-
    27  ipation to be necessary or appropriate;
    28    (b)  represent  the  interests of residential utility customers of the
    29  state before federal, state  and  local  administrative  and  regulatory
    30  agencies engaged in the regulation of energy, telecommunications, water,
    31  and  other  utility  services,  and  before  state and federal courts in
    32  actions and proceedings to review the actions of utilities or orders  of
    33  utility  regulatory  agencies.  Any  action or proceeding brought by the
    34  utility consumer advocate before a court or an agency shall  be  brought
    35  in  the  name  of the state office of the utility consumer advocate. The
    36  utility consumer advocate may join with a residential  utility  customer
    37  or group of residential utility customers in bringing an action;
    38    (c)  (i) in addition to any other authority conferred upon the utility
    39  consumer advocate, such office is authorized, and it shall be their duty
    40  to represent the interests of residential utility customers as a  party,
    41  or  otherwise  participate for the purpose of representing the interests
    42  of such customers before any agencies or courts.  The consumer  advocate
    43  may  initiate proceedings if in their judgment doing so may be necessary
    44  in connection with any matter involving the  actions  or  regulation  of
    45  public  utility  companies whether on appeal or otherwise initiated. The
    46  utility consumer advocate may monitor all cases before regulatory  agen-
    47  cies  in the United States, including the federal communications commis-
    48  sion and the federal energy regulatory commission that affect the inter-
    49  ests of residential utility customers of  the  state  and  may  formally
    50  participate  in  those proceedings which in their judgment warrants such
    51  participation.
    52    (ii) the utility consumer advocate shall  exercise  their  independent
    53  discretion in determining the interests of residential utility customers
    54  that  will  be  advocated  in any proceeding, and determining whether to
    55  participate in or initiate any proceeding and, in so determining,  shall
    56  consider  the public interest, the resources available, and the substan-
        A. 2468                             3
 
     1  tiality of the effect of the proceeding on the interests of  residential
     2  utility customers;
     3    (d)  request  and  receive  from any state or local authority, agency,
     4  department or division  of  the  state  or  political  subdivision  such
     5  assistance,  personnel, information, books, records, other documentation
     6  and cooperation necessary to perform their duties; and
     7    (e) enter into cooperative agreements with other government offices to
     8  efficiently carry out their work.
     9    § 28-d. Reports. On July first, two thousand twenty-six  and  annually
    10  thereafter,  the  state  office  of  the utility consumer advocate shall
    11  issue a report to the governor and the legislature, and make such report
    12  available to the public free of charge on a publicly available  website,
    13  containing, but not limited to, the following information:
    14    (a)  all  proceedings  that  the  state office of the utility consumer
    15  advocate participated in and the outcome of  such  proceedings,  to  the
    16  extent of such outcome, and if not confidential;
    17    (b)  estimated  savings to residential utility consumers that resulted
    18  from intervention by the state office of the utility consumer  advocate;
    19  and
    20    (c) policy recommendations and suggested statutory amendments that the
    21  state office of the utility consumer advocate deems necessary.
    22    §  2. This act shall take effect on the first of April next succeeding
    23  the date on which it shall have become a law.