Assembly Bill A3189B

2013-2014 Legislative Session

Clarifies the time in which the public service commission must act upon certain petitions

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2013-A3189 - Details

See Senate Version of this Bill:
S7198
Law Section:
Public Service Law
Laws Affected:
Add §27, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4472
2011-2012: A6563

2013-A3189 - Summary

Clarifies the time in which the public service commission must act upon certain petitions.

2013-A3189 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3189

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M.  of  A.  BRENNAN, KAVANAGH, ABINANTI -- read once and
  referred to the Committee on Corporations, Authorities and Commissions

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:

  Section  1.  Section  5 of the public service law is amended by adding
two new subdivisions 7 and 8 to read as follows:
  7. A. THE COMMISSION SHALL  TAKE  FORMAL  ACTION  UPON  ALL  PETITIONS
RECEIVED  BY  IT  WITHIN NINETY DAYS OF THE DATE OF FILING OF SUCH PETI-
TION.
  B. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF  THIS  SUBDIVISION  THE
COMMISSION SHALL TAKE FORMAL ACTION UPON ALL PETITIONS PENDING BEFORE IT
FOR WHICH THERE IS NO STATUTE OF LIMITATIONS OR OTHER STATUTORY TIMELINE
WITHIN  WHICH ACTION MUST TAKE PLACE. IF, HOWEVER, THE COMMISSION DETER-
MINES THAT TAKING FORMAL ACTION TO DETERMINE SOME OR ALL OF SUCH PENDING
PETITIONS WOULD NOT BE IN THE PUBLIC INTEREST, THE COMMISSION MAY  ISSUE
A  REPORT DETAILING THE FACTS AND CIRCUMSTANCES UPON WHICH IT BASED SUCH
DECISION, TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF
THE ASSEMBLY, MINORITY LEADERS OF THE SENATE AND  ASSEMBLY,  CHAIRPERSON
AND  RANKING MINORITY MEMBER OF THE SENATE ENERGY AND TELECOMMUNICATIONS
COMMITTEE, AND THE CHAIRPERSON AND RANKING MINORITY MEMBER OF THE ASSEM-
BLY CORPORATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE.
  C. FOR THE PURPOSES OF THIS SECTION, THE TERM "PETITION" SHALL MEAN  A
FORMAL WRITTEN REQUEST ADDRESSED TO THE COMMISSION, OR TO ITS DELEGATES,
OR  TO  ANY  SUCCESSOR  IN FUNCTION, STATING THE FACTS AND CIRCUMSTANCES
RELIED UPON AS A CAUSE FOR ACTION BY THE COMMISSION.  A "PETITION" SHALL
NOT INCLUDE A PRUDENCY PETITION DEFINED IN PARAGRAPH  C  OF  SUBDIVISION
EIGHT OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07407-01-3

              

co-Sponsors

2013-A3189A - Details

See Senate Version of this Bill:
S7198
Law Section:
Public Service Law
Laws Affected:
Add §27, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4472
2011-2012: A6563

2013-A3189A - Summary

Clarifies the time in which the public service commission must act upon certain petitions.

2013-A3189A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3189--A
                                                        Cal. No. 436

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M.  of A. BRENNAN, KAVANAGH, ABINANTI, OTIS -- read once
  and referred to the Committee on Corporations, Authorities and Commis-
  sions -- reported from committee, advanced to a third reading, amended
  and ordered reprinted, retaining its place on the order of third read-
  ing

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:

  Section  1.  The public service law is amended by adding a new section
27 to read as follows:
  S 27. PETITIONS; TIME PERIOD FOR  ACTION  TO  BE  TAKEN.  1.  FOR  THE
PURPOSES OF THIS SECTION, THE TERM:
  (A)  "CUSTOMER" SHALL MEAN A CUSTOMER OR CONSUMER OF A UTILITY SERVICE
THAT IS REGULATED PURSUANT TO THIS CHAPTER, WHO SHALL BE EITHER AN INDI-
VIDUAL; A GROUP OF INDIVIDUALS; THE MAYOR OF A CITY; THE TRUSTEES  OF  A
VILLAGE;  THE TOWN BOARD OF A TOWN; OR THE CHIEF EXECUTIVE OFFICE OR THE
LEGISLATIVE BODY OF A COUNTY. FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,
"CUSTOMER"  SHALL  INCLUDE  THE  DIVISION  OF CONSUMER PROTECTION OF THE
DEPARTMENT OF STATE.
  (B) "PETITION" SHALL MEAN ANY PETITION  OR  COMPLAINT  FILED  WITH  OR
SUBMITTED  TO  THE  COMMISSION  PURSUANT  TO THIS CHAPTER BY A CUSTOMER,
ALLEGING OR RELATING TO:
  (I) THE FAILURE OR OMITTING TO DO ANYTHING REQUIRED OF A PUBLIC UTILI-
TY COMPANY BY ANY PROVISION OF THIS CHAPTER, OR BY ANY REGULATIONS OR AN
ORDER OF THE COMMISSION;
  (II) ANY ACTIONS TAKEN BY A  PUBLIC  UTILITY  COMPANY,  ITS  OFFICERS,
EMPLOYEES  OR  AGENTS  THAT  ARE  CONTRARY  TO  OR  IN  VIOLATION OF THE
PROVISIONS OF THIS CHAPTER; THE REGULATIONS OR AN ORDER OF  THE  COMMIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07407-02-4
              

co-Sponsors

2013-A3189B (ACTIVE) - Details

See Senate Version of this Bill:
S7198
Law Section:
Public Service Law
Laws Affected:
Add §27, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4472
2011-2012: A6563

2013-A3189B (ACTIVE) - Summary

Clarifies the time in which the public service commission must act upon certain petitions.

2013-A3189B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3189--B
                                                        Cal. No. 436

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

Introduced  by  M.  of  A.  BRENNAN, KAVANAGH, ABINANTI, OTIS, BUCHWALD,
  JACOBS -- read once and referred to  the  Committee  on  Corporations,
  Authorities  and Commissions -- reported from committee, advanced to a
  third reading, amended and ordered reprinted, retaining its  place  on
  the  order of third reading -- again amended on third reading, ordered
  reprinted, retaining its place on the order of third reading

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:

  Section  1.  The public service law is amended by adding a new section
27 to read as follows:
  S 27. PETITIONS; TIME PERIOD FOR  ACTION  TO  BE  TAKEN.  1.  FOR  THE
PURPOSES OF THIS SECTION, THE TERM:
  (A)  "CUSTOMER" SHALL MEAN A CUSTOMER OR CONSUMER OF A UTILITY SERVICE
THAT IS REGULATED PURSUANT TO THIS CHAPTER, WHO SHALL BE EITHER AN INDI-
VIDUAL; A GROUP OF INDIVIDUALS; THE MAYOR OF A CITY; THE TRUSTEES  OF  A
VILLAGE;  THE TOWN BOARD OF A TOWN; OR THE CHIEF EXECUTIVE OFFICE OR THE
LEGISLATIVE BODY OF A COUNTY. FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,
"CUSTOMER"  SHALL  INCLUDE  THE  DIVISION  OF CONSUMER PROTECTION OF THE
DEPARTMENT OF STATE.
  (B) "PETITION" SHALL MEAN ANY PETITION  OR  COMPLAINT  FILED  WITH  OR
SUBMITTED  TO  THE  COMMISSION  PURSUANT  TO THIS CHAPTER BY A CUSTOMER,
ALLEGING OR RELATING TO:
  (I) THE FAILURE OR OMITTING TO DO ANYTHING REQUIRED OF A PUBLIC UTILI-
TY COMPANY BY ANY PROVISION OF THIS CHAPTER, OR BY ANY REGULATIONS OR AN
ORDER OF THE COMMISSION;
  (II) ANY ACTIONS TAKEN BY A  PUBLIC  UTILITY  COMPANY,  ITS  OFFICERS,
EMPLOYEES  OR  AGENTS  THAT  ARE  CONTRARY  TO  OR  IN  VIOLATION OF THE
PROVISIONS OF THIS CHAPTER; THE REGULATIONS OR AN ORDER OF  THE  COMMIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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