What's happening
This bill requires that at least one member of New York’s Public Service Commission have experience in utility consumer advocacy.
Why it matters
Enhances consumer representation. By mandating that at least one commissioner have experience in utility consumer advocacy, the bill aims to ensure that the interests and concerns of everyday New Yorkers—especially residential and small business utility customers—are considered in regulatory decisions.
Potential for more balanced decision-making. The Public Service Commission oversees major decisions on electricity, gas, water, and telecommunications. Having a commissioner with a background in consumer advocacy could shift the balance toward stronger oversight of utility companies and greater consideration of affordability and service reliability.
Accountability and transparency. Requiring this expertise may lead to increased scrutiny of utility practices, potentially resulting in more transparent rate-setting processes, improved consumer protections, and fewer instances of unfair billing or inadequate service.
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Who cares
Headline styles
Require Consumer Advocate Commissioner
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.233
- Referred to energy and telecommunications
- Returned to senate
- Died in assembly
- Referred to economic development
- Delivered to assembly
- Passed senateVote 46–16
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.886
- 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.
Require Consumer Advocate Commissioner
In Assembly Committee · Economic Development · Sponsor Aravella Simotas
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2155
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sens. GIANARIS, KRUEGER -- 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, in relation to requiring at least one commissioner of the public service commission to have experience in utility consumer advocacy
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 4 of the public service law, as amended by chapter 155 of the laws of 1970, is amended to read as follows:
1. There shall be in the department of public service a public service commission, which shall possess the powers and duties hereinafter specified, and also all powers necessary or proper to enable it to carry out the purposes of this chapter. The commission shall consist of five members, to be appointed by the governor, by and with the advice and consent of the senate. A commissioner shall be designated as chairman of the commission by the governor to serve in such capacity at the pleasure of the governor or until his term as commissioner expires whichever first occurs. At least one commissioner shall have experience in utility consumer advocacy. No more than three commissioners may be members of the same political party unless, pursuant to action taken under subdivision two of this section, the number of commissioners shall exceed five, and in such event no more than four commissioners may be members of the same political party.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to appointments made on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01495-01-9
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, 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 Commis- sion (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 advoca- cy.
Justification
The Public Service Commission is responsible for overseeing the oper- ations 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 reason- able 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 neigh- bors, Massachusetts, similarly requires that one of its commissioners must have a background and experience in consumer protection and advoca- cy 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
2018: Died in Energy and Telecommunications 2017: Died in Energy and Telecommunications 2016: Died in Energy and Telecommunications 2015: Died in Energy and Telecommunications 2014: Died in Energy and Telecommunications 2013: Senate Bi11602 (Gianaris) - Died in Senate Energy and Telecommuni- cations Committee 2012: Senate Bill 2517 (Gianaris) - Died in Senate Rules Committee 2012: Assembly Bill 4905 (Simotas) - Died in Assembly Economic Develop- ment Committee 2010: Assembly Bill 8406 (Gianaris) - Died in Assembly Economic Develop- ment 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.