BILL NUMBER: S8372
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the public service law, in relation to utility interve-
nor reimbursement; and to amend the state finance law, in relation to
establishing the utility intervenor account
 
SUBJECT AND PURPOSE:
The purpose of this bill is to establish procedural and substantive
criteria for intervenor reimbursement to a participant for its reason-
able costs of participation in any proceeding before the Public Service
Commission (PSC).
 
SUMMARY AND DESCRIPTION OF PROVISIONS:
This bill would permit groups of individuals or not-for-profit organiza-
tions that represent residential or small business customers to apply
for reimbursement of its costs for reasonable advocate's fees, reason-
able expert witness fees, and other reasonable costs in a proceeding
before the Public Service Commission (PSC). The PSC would he authorized
to determine appropriate application procedures. This legislation would
also provide for compensation to be awarded in advance if the partic-
ipant makes a showing of significant financial hardship.
Section 1 of this legislation would establish definitions for "compen-
sation," "participant," "commission," "other reasonable costs," "party,"
"Proceeding," "significant financial hardship," "small business," and
"substantial contribution."
Subsection 2 of this legislation would establish requirements that
participants would need to include in its application to be submitted to
the PSC. This section would require a statement of planned partic-
ipation; description of anticipated advocate's fees, expert fees and
other costs; and, any other material required by the PSC. If partic-
ipation would impose significant financial hardship on the applicant,
evidence of such hardship must also be submitted.
Subsection 3 of this legislation would require the PSC, within thirty
(30) days after the application has been filed, to issue a decision that
determines if the participant has made a substantial contribution to its
final decision. If the participant included evidence of substantial
financial hardship, the PSC would determine whether such showing was
made and the amount of compensation to be paid by the public utility or
utilities prior to the end of the proceeding. This section would author-
ize the PSC to recover any advance payments made if the participant
discontinues its Participation without the PSC's consent. This section
would establish the criteria in which compensation is calculated and
would require any unused compensation to be returned to the public util-
ity or utilities. This section would authorize the PSC to audit the
records and hooks of a participant that would claim significant finan-
cial hardship. This section would also authorize the PSC to require
participants to join their claims if they have substantially similar
interests.
Subsection 4 of this legislation would require a public utility or util-
ities subject to the proceeding to remit any compensation within thirty
days of the proceeding. The PSC would then remit such compensation to
the participant. Subsection 5 of this legislation would authorize the
Department to deny any compensation to any participant who attempts to
delay or obstruct the proceeding.
Section 5 allows the department to deny any award to any participant who
attempts to delay or obstruct the orderly and timely fulfillment of the
department's responsibilities.
Section 2 amends the state finance law establishes the utility interve-
nor account in the custody of the state comptroller and the commissioner
taxation and finance
Section 3 This act shall take effect on the 30th day after it shall have
become law.
 
JUSTIFICATION:
The intent of this legislation is to recognize and remedy the fact that
individual action by residential consumers and small businesses for the
purposes of participating in utility matters and communicating their
views is rendered impracticable by reason of the disproportionate
expense of taking such action. PSC proceedings are offered in a way that
minimizes public participation. It is incredibly difficult for typical
New Yorkers to remain on top of the goings-on of the PSC. The Commis-
sion's usual meeting time is * 10:30 a.m., a time when the average citi-
zen or small business owner is not likely to participate. In many
instances, the only people who can attend on a regular basis are most
likely those whose job depends on it, such as representatives of the
utilities and other special interests.
The legislation recognizes that citizen participation should be encour-
aged when government regulators set Policy. Individuals who seek to
participate in Public Service Commission (PSC) utility proceedings are
referred to as intervenors. Increased public participation through the
through the intervenor process, if sought and not fought, will spur a
more open and accountable government regulatory process that may yield
creative socially responsible solutions to difficult issues. This legis-
lation will provide a mechanism to allow residential and small business
utility customers to access financial resources to become active partic-
ipants in PSC proceedings. This includes the ability to receive compen-
sation of advocate fees, expert witness fees, and other reasonable costs
associated with their participation.
 
LEGISLATIVE HISTORY:
2021/22 S3034 - Vetoed by the Governor
2020/21 S3034 - ADVANCED TO THIRD READING
2019/20 S3605 - REPORTED AND COMMITTED TO FINANCE
2017/18 S3250 - Referred to Energy and Telecommunications
2015-16: 1090A/A.860A - Amend and Recommit to Energy and Telecommuni-
cations
2013-14: S.3236/A.1247 - Died in Energy
2011-12: S.1088 - Referred to and died in Energy & Telecom
2009-10: S.7687/A.8722 - Passed the Senate/Ways and Means
 
FISCAL IMPLICATIONS:
None to the State. Intervenor fees would be provided by utilities.
 
EFFECTIVE DATE:
This legislation would be effective thirty days after being signed into
law.