Provides for the electronic service of orders of the public service commission

2 Co-sponsors

• Kathleen A. Marchione
• Patty Ritchie

BILL NUMBER:S4370

Title of bill

An act to amend the public service law, in relation to electronic service of orders

Purpose of the Bill:

The bill would conform Public Service Law (PSL) § 23 with State Technology Law (STL) Article III (Electronic Signatures and Records Act (ESRA)), thereby reducing costs, increasing efficiency and expediting public notification by streamlining recordkeeping for electronic issuance of Orders by the Public Service Commission (PSC or Commission).

Summary of Provisions:

Section 1 of the bill would amend PSL § 23(1) to allow Orders issued by the PSC to be provided by electronic means pursuant to PSC regulations except that non-electronic service would be provided upon request.

Section 2 of the bill would make the bill effective immediately.

Existing Law:

PSL § 23(1) requires that every Order of the Commission be served upon all persons or corporations affected by such Order either by (i) personal delivery or (ii) mail, in a sealed envelope with prepaid postage, addressed to persons designated to receive a summons under the CPLR; electronic service is not authorized.

Prior Legislative History:

2012: A.9856/S.6764 passed the Senate.

Statement in Support:

PSL § 23(1) was enacted in 1910 (Ch. 480), and reflected the need in a pre-electronic world to provide utility management and other parties with hard copies of Commission Orders. This bill would allow the Commission to serve its Orders by electronic mail, reserving to parties the option to receive hard copies if that is their preference. Selecting an option establishes no additional burden on a party when he or she contacts the Commission to indicate a desire to become a party to a Commission proceeding. Parties can indicate their preference for service of documents related to the proceeding, including Commission Orders.

Electronic communication is as reliable as regular mail, and the limited options set forth in PSL § 23(1) for service of Commission Orders are inefficient, outdated and expensive. Information can be transmitted far more quickly and efficiently by electronic means than by regular mail. Addressees receive the information nearly instantaneously rather than days later, and electronic service can be configured to provide for electronic "return receipts" to confirm delivery. ESRA was accordingly adopted because "it is in the best interest of the State of New York, its citizens, businesses and

government entities for state and federal law to work in tandem to promote the use of electronic technology in the everyday lives and transactions of such individuals and entities." Laws of 2002, Ch. 314 § 1.

The Commission sends out approximately 650 Orders annually, which must be sent to multiple parties per case; large proceedings may have over 100 parties. Implementation of electronic service would reduce the cost of paper, envelopes, printing and mailing. ESRA provides agencies broad authority to seek the savings of electronic transmittal and electronic recordkeeping. However, ESRA implementing regulations, 9 NYCRR § 540.5(e), provide that "(g)overnmental entities using electronic records shall, in the absence of specific statutory or regulatory requirements, have the authority to specify the manner and format in which electronic records will be received, produced, accepted, acquired, recorded, filed, transmitted, forwarded, acknowledged and stored." (Emphasis added). Because PSL § 23(1) mandates personal service or "by mailing a copy thereof, in a sealed package with postage prepaid," it precludes electronic service of Commission Orders, without a waiver.

Budget Implications:

A nominal amount of nonpersonal services savings is projected. There are also large, but unquantifiable, efficiencies due to resources saved in attempting to design, maintain and refine a process for waiver of PSL § 23(1).

Local Impact:

None.

Effective Date:

Immediately upon enactment.