What's happening
This bill requires written notice and response opportunities for all ex parte communications in public service hearings, removing exemptions for public utilities.
Why it matters
Expands transparency and fairness. in public service hearings by ensuring all parties are notified of ex parte (off-the-record) communications and given a chance to respond, which helps prevent decisions based on undisclosed information.
Removes special exemptions. previously granted to public utilities and carriers, meaning these industries are now held to the same standard as others regarding disclosure and procedural fairness in regulatory proceedings.
Limits potential for regulatory bias. or undue influence by making it harder for any party (including powerful utilities) to communicate privately with decision-makers without oversight, thereby increasing trust in the hearing process.
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Who cares
Headline styles
Notify Parties About Private Talks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Notice for Ex Parte Contacts
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Aravella Simotas
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5597
2017-2018 Regular Sessions
IN SENATE
April 19, 2017
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
AN ACT to amend the public service law and the state administrative procedure act, in relation to ex parte communications
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public service law is amended by adding a new section 20-a to read as follows:
§ 20-a. Ex parte communications. With regard to all hearings before the commissioner or an officer or employee specially authorized to conduct an investigation or hearing, all parties shall receive written notice of all ex parte communications and visits and shall have an opportunity to respond.
§ 2. Subdivision 2 of section 307 of the state administrative procedure act is amended to read as follows:
2. Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in an adjudicatory proceeding shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. Any such agency member (a) may communicate with other members of the agency, and (b) may have the aid and advice of agency staff other than staff which has been or is engaged in the investigative or prosecuting functions in connection with the case under consideration or factually related case.
[This subdivision does not apply (a) in determining applications for initial licenses for public utilities or carriers; or (b) to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers.]
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04143-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law and the state administrative procedure act, in relation to ex parte communications
Purpose
This bill is designed to require any party involved in hearings or investigations before the State Public Service Commission (PSC) to give written notification of any ex parte communications or visits with the PSC to other affected parties, and to give those other parties an opportunity to respond.
Summary of specific provisions
A new section 20-a is added to the public service law which provides that all parties involved in hearings or investigations with the Public Service Commission shall receive written notification of all ex parte communications and visits and shall have an opportunity to respond.
Justification
This bill will end off-the-record contacts by staff members of the Public Service Commission with the companies they oversee. Under the provision, any party talking to state PSC employees about a case would have to notify other parties in the case, thereby eliminating the appearance of favoritism toward one side or another in a Public Service Commission case.
Legislative history
This bill was previously introduced.
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.