What's happening
This bill requires written notice and response opportunities for all ex parte communications in public service hearings and removes exemptions for public utilities from related administrative rules.
Why it matters
Increases transparency and fairness. by requiring all parties in public service hearings to be notified in writing of any ex parte communications (private, off-the-record contacts) and giving them a chance to respond, helping to ensure decisions are based on a complete and open record.
Closes loopholes for public utilities. by removing previous exemptions that allowed utility companies to have private communications with regulators during certain administrative proceedings, potentially reducing industry influence over regulatory outcomes.
Strengthens due process. in state administrative procedures by mandating equal access to information and argument opportunities, which can improve public trust in regulatory decisions and reduce the risk of decisions being overturned due to procedural unfairness.
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Who cares
Headline styles
Require Notice of 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.
Notify Parties of Private Talks
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
3885
2019-2020 Regular Sessions
IN SENATE
February 20, 2019
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.
LBD01370-01-9
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 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 oppor- tunity 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
S 5597 - referred to Energy and Telecommunications
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.