Bill Text: NY S05856 | 2021-2022 | General Assembly | Introduced
Bill Title: Clarifies the time in which the public service commission must act upon certain petitions; requires reporting to the legislature.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S05856 Detail]
Download: New_York-2021-S05856-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5856 2021-2022 Regular Sessions IN SENATE March 19, 2021 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, in relation to clarifying the mandatory time within which the public service commission must act upon petitions submitted by regulated entities and the citizenry The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public service law is amended by adding a new section 2 28 to read as follows: 3 § 28. Petitions; time period for action to be taken. 1. For the 4 purposes of this section, the term: 5 (a) "customer" shall mean a customer or consumer of a utility service 6 that is regulated pursuant to this chapter, who shall be either an indi- 7 vidual; a group of individuals; the mayor of a city; the trustees of a 8 village; the town board of a town; or the chief executive office or the 9 legislative body of a county. For the purposes of this subdivision, 10 "customer" shall include the division of consumer protection of the 11 department of state. 12 (b) "petition" shall mean any petition or complaint filed with or 13 submitted to the commission pursuant to this chapter by a customer, 14 alleging or relating to: 15 (i) the failure or omitting to do anything required of a public utili- 16 ty company by any provision of this chapter, or by any regulations or an 17 order of the commission; 18 (ii) any actions taken by a public utility company, its officers, 19 employees or agents that are contrary to or in violation of the 20 provisions of this chapter; the regulations or an order of the commis- 21 sion; or the terms or conditions of the franchise or charter of the 22 public utility company; 23 (iii) rate charges or classification of service; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02012-01-1S. 5856 2 1 (iv) the adequacy, efficiency or reliability of service. 2 Such term shall not mean or include any petition filed or submitted by 3 a public utility corporation or any corporation that provides or 4 supplies utility services pursuant to this chapter. 5 2. (a) Notwithstanding any provision of law to the contrary, and 6 except where a shorter time period is required pursuant to this chapter, 7 the commission shall complete its investigation and issue a determi- 8 nation or decision with respect to any petition within ninety days of 9 the filing or submission of the petition. 10 (b) Notwithstanding any provision of paragraph (a) of this subdivi- 11 sion, if the petition alleges an emergency or some other action that 12 threatens or impacts the health or safety of any person or the surround- 13 ing area, the commission shall make a determination as soon as possible 14 but in no event more than thirty days from the date when such petition 15 was filed or submitted. 16 (c) If the commission is unable to meet the time limitations set forth 17 in this subdivision, the commission shall prepare and send to the peti- 18 tioner or complainant a written document stating the reasons for the 19 failure or inability of the commission to comply with the time frames, 20 and the date when a determination will be made, except that the 21 provisions of this paragraph shall not apply to petitions described in 22 paragraph (b) of this subdivision. 23 (d) Notwithstanding any provision of this subdivision and of this 24 chapter to the contrary, if the petitioner or complainant requests an 25 opportunity to be heard on the petition, the commission shall commence 26 the hearing within ten business days of the request and shall make its 27 determination within thirty days of the last day of the hearing. If the 28 commission directs that a hearing be conducted on the petition, the 29 decision to conduct such hearing shall be made within thirty days of the 30 initial filing of the petition, and the hearing shall be completed and a 31 decision thereon issued within ninety days of the initial filing of the 32 petition. 33 3. On or before February fifteenth of each year, the commission shall 34 submit a report to the governor, the speaker of the assembly, the tempo- 35 rary president of the senate and the chairs of senate and assembly 36 committees on corporations, authorities and commissions setting forth: 37 (a) the total number of petitions filed or submitted with the commis- 38 sion in the previous calendar year; 39 (b) a breakdown of such petitions by utility and subject matter of the 40 petition; 41 (c) the number of such petitions upheld, dismissed or otherwise 42 resolved, broken down by utility and subject matter; 43 (d) the number and percentage of petitions that were upheld, dismissed 44 or resolved within the statutory time frame; and 45 (e) if applicable, the number of petitions that were not completed or 46 resolved within the statutory time frames, the reasons for failure to 47 meet the time frames, and the average length of time for such petitions 48 to be finally completed or resolved. 49 4. If the commission fails to meet or comply with the time frames set 50 forth in this subdivision, the petitioner or complainant may commence a 51 special proceeding against the commission pursuant to subdivision one of 52 section seventy-eight hundred three of the civil practice law and rules. 53 A prevailing petitioner or complainant shall be entitled to reasonable 54 attorney's fees and court costs. 55 § 2. On or before the one hundred eightieth day after the effective 56 date of this act, the public service commission shall make or render aS. 5856 3 1 determination on any petition or complaint that was filed with or 2 submitted to such commission prior to the effective date of this act. As 3 soon as reasonably possible after the end of the 180 day period, the 4 public service commission shall issue a report to the governor, the 5 speaker of the assembly, the temporary president of the senate and the 6 chairs of the senate and assembly standing committees on corporations, 7 authorities and commissions stating the total number of petitions or 8 complaints involved; the number of petitions or complaints dismissed or 9 resolved; and if such commission is unable to meet this time frame, the 10 reasons for the delay or inaction. 11 § 3. Severability. If any provision of this act or its application to 12 any person or circumstance is held invalid, this invalidity does not 13 affect other provisions or applications of this act that can be given 14 effect without the invalid provision or application, and to this end the 15 provisions of this act are declared to be severable. 16 § 4. This act shall take effect immediately.
