Bill Text: NY A08856 | 2019-2020 | General Assembly | Introduced
Bill Title: Prevents the public service commission from raising utility rates to offset revenue loss due to energy conservation efforts by consumers.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - referred to energy [A08856 Detail]
Download: New_York-2019-A08856-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8856 2019-2020 Regular Sessions IN ASSEMBLY December 18, 2019 ___________ Introduced by M. of A. THIELE, ZEBROWSKI -- Multi-Sponsored by -- M. of A. GALEF, L. ROSENTHAL -- read once and referred to the Committee on Energy AN ACT to amend the public service law, in relation to energy conserva- tion and lost revenues The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 72 of the public service law, as amended by chapter 2 212 of the laws of 1934, is amended to read as follows: 3 § 72. Notice and hearing; order fixing price of gas or electricity or 4 requiring improvement. Before proceeding under a complaint presented as 5 provided in section seventy-one of this article, the commission shall 6 cause notice of such complaint, and the purpose thereof, to be served 7 upon the person or corporation affected thereby. Such person or corpo- 8 ration shall have an opportunity to be heard in respect to the matters 9 complained of at a time and place to be specified in such notice. An 10 investigation may be instituted by the commission of its own motion as 11 to any matter of which complaint may be made, as provided in section 12 seventy-one of this [chapter] article, or to enable it to ascertain the 13 facts requisite to the exercise of any power conferred upon it. After a 14 hearing and after such an investigation as shall have been made by the 15 commission or its officers, agents, examiners or inspectors, the commis- 16 sion may, by order, fix just and reasonable prices, rates and charges 17 for gas or electricity to be charged by such corporation or person, for 18 the service to be furnished notwithstanding that a higher or lower price 19 has been theretofore prescribed by general or special statute, contract, 20 grant, franchise condition, consent or other agreement, and may order 21 such improvement in the manufacture, conveying, transportation, distrib- 22 ution or supply of gas, in the manufacture, transmission or supply of 23 electricity, or in the methods employed by such person or corporation, 24 as will in its judgment be adequate, just and reasonable. Any such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14265-01-9A. 8856 2 1 change in price shall be upon such terms, conditions or safeguards as 2 the commission may prescribe. If it shall be made to appear to the 3 satisfaction of the commission that the public interest requires a 4 change in the price of gas or electricity charged by any such person or 5 corporation, or that such change is necessary for the purpose of provid- 6 ing adequate and efficient service, or for the preservation of the prop- 7 erty, the commission, upon such terms, conditions or safeguards as it 8 deems proper, may authorize an immediate, reasonable, temporary increase 9 or decrease in such price pending a final determination of the price to 10 be thereafter charged by such person or corporation. The terms, condi- 11 tions or safeguards prescribed may include provisions for the purposes 12 for which the additional revenue derived from any such temporary 13 increase may be expended and for the impounding thereof until the same 14 shall be applied to the purposes so specified. The price fixed by the 15 commission under this section or under subdivision five of section 16 sixty-six of this article shall be the maximum price to be charged by 17 such person, corporation or municipality for gas or electricity for the 18 service to be furnished within the territory and for a period to be 19 fixed by the commission in the order, not exceeding three years except 20 in the case of a sliding scale, and thereafter until the commission 21 shall, upon its own motion or upon the complaint of any corporation, 22 person or municipality interested, fix a higher or lower maximum price 23 of gas or electricity to be thereafter charged. In determining the 24 price to be charged for gas or electricity the commission may consider 25 all facts which in its judgment have any bearing upon a proper determi- 26 nation of the question although not set forth in the complaint and not 27 within the allegations contained therein, with due regard among other 28 things to a reasonable average return upon capital actually expended and 29 to the necessity of making reservations out of income for surplus and 30 contingencies. At any hearing involving a rate, the burden of proof to 31 show that the change in rate or price if proposed by the person, corpo- 32 ration or municipality operating such utility, or that the existing rate 33 or price, if on motion of the commission or in a complaint filed with 34 the commission it is proposed to reduce the rate or price, is just and 35 reasonable shall be upon the person, corporation or municipality operat- 36 ing such utility; and the commission may give to the hearing and deci- 37 sion of such questions preference over all other questions pending 38 before it and decide the same as speedily as possible. Nothing in this 39 chapter contained shall be deemed to prohibit the commission from fixing 40 a sliding scale upward rate for natural gas, beginning at a fixed price 41 per unit for a small consumption and then increasing the price per unit 42 as the consumption is increased. However, at no time will the commission 43 authorize a rate increase to offset revenue loss due to energy conserva- 44 tion efforts by consumers. 45 § 2. This act shall take effect on the one hundred twentieth day after 46 it shall have become a law.