Requires that at least one commissioner of the public service commission have experience in utility consumer advocacy

1 Co-sponsor

• Liz Krueger

BILL NUMBER:S2476

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 § 1 amends subdivision 1 of § 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.O.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 rate payers are not subordinated to the interests of public utilities and other commercial interests that are already well-represented in PSC proceedings.

Prior legislative history

2013: Senate Bill # 602 (Gianaris) - Died in Senate Energy and Telecommunications Committee 2012: Senate Bill #2517 (Gianaris) - Died in Senate Rules Committee 2012: Assembly Bill #4905 (Simotas) - Died in Assembly Economic Development Committee 2010: Assembly Bill #8406 (Gianaris) - Died in Assembly Economic Development Committee

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.