Requires every utility corporation to provide an expenditures and lobbying report by March 31, 2025 and every semi-annual period thereafter to the department of public service.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10135
SPONSOR: Rules (Solages)
 
TITLE OF BILL:
An act to amend the public service law, in relation to semi-annual
expenditures and lobbying reports
 
PURPOSE:
The purpose of this bill is to require all gas, electric, gas & elec-
tric, steam, and water utilities to report to the Public Service Commis-
sion their expenses relating to advertising and lobbying.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill creates new section 53-B of the public service
law to require residential gas, electric, and steam corporations to
report to the public service commission semi-annually their lobbying and
advertising expenses.
Section two of the bill creates new section 66-V of the public service
law to require gas and electric corporations to report to the public
service commission semi-annually their lobbying and advertising
expenses.
Section three of the bill creates new section 78-A of the public service
law to require steam corporations to report to the public service
commission semi-annually their lobbying and advertising expenses.
Section four of the bill creates new section 89-Q of the public service
law to require water-works corporations to report to the public service
commission semi-annually their lobbying and advertising expenses.
Section five establishes the effective date.
 
JUSTIFICATION:
This legislation will increase transparency from utility companies
relating to their lobbying and advertising campaigns within the state.
This legislation is modeled after section 1020-kk of the public authori-
ties law, which mandates LIPA to submit a similar report to the PSC
outlining its lobbying(chapter 49 of the Laws of 2022.)
While New York State currently prohibits utilities from including lobby-
ing in their operational costs during rate determinations, the public
should be able to see the costs of the efforts the company makes to
influence the legislature and governor on bills before them. Particular-
ly when bills may be of interest to the consumer and expanding the over-
sight of the Public Service Commission. This report will be both acces-
sible to the public and received by the Public Service Commission who
will be able to review such uses of funds.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10135
IN ASSEMBLY
May 8, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
read once and referred to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the public service law, in relation to semi-annual
expenditures and lobbying reports
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 53-b to read as follows:
3 § 53-b. Semi-annual expenditure and lobbying report. 1. On or before
4 March thirty-first, two thousand twenty-five and every semi-annual peri-
5 od thereafter, every utility corporation shall report to the department
6 regarding advertising and lobbying on behalf of the utility corporation
7 by the utility corporation, the officers or trustees of the corporation,
8 or any employee of such corporation.
9 2. For the purposes of this section, the following terms shall have
10 the following meanings:
11 (a) "Lobbying" shall mean any attempt to influence:
12 (i) the passage or defeat of any legislation or resolution by either
13 house of the state legislature including but not limited to the intro-
14 duction or intended introduction of such legislation or resolution or
15 approval or disapproval of any legislation;
16 (ii) the adoption, issuance, rescission or modification of a guberna-
17 torial executive order;
18 (iii) the adoption or rejection of any rule or regulation having the
19 force and effect of law by a state agency;
20 (iv) the passage or defeat of any local law, ordinance, resolution, or
21 regulation by any municipality;
22 (v) the adoption, issuance, rescission, modification or terms of any
23 executive order issued by the chief executive officer of a municipality;
24 and
25 (vi) the adoption or rejection of any rule, regulation, or resolution
26 having the force and effect of a local law, ordinance, resolution or
27 regulation.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15433-02-4
A. 10135 2
1 (b) "Advertising" shall mean any promotional activity or public
2 service announcement that requires the purchase of media space, includ-
3 ing television airtime, radio airtime, internet media space, billboards,
4 newspaper space, magazine space; any private publication which requires
5 the expenditure of any public funds; or any mass letter or other written
6 communication delivered by mail or by comparable delivery service,
7 including email, telephone, or other digital format.
8 3. The utility corporation shall prepare reports to include the
9 following information:
10 (a) For lobbying, such report shall include, but not be limited to:
11 the name of the trustee, officer, employee of the corporation engaging
12 in lobbying; the name of the public official or public employee that was
13 lobbied; the date and time of the meeting or communication; the subject
14 matter of the lobbying, and any expenses incurred by the corporation for
15 travel, lodging, or meals in connection with such lobbying.
16 (b) For advertising, such report shall include, but not be limited to,
17 itemization of any public funds spent on advertising and information
18 pertaining to the advertising marketing plan including measurable goals
19 and objectives for the advertising campaign.
20 4. The requirements of this section shall not be construed to require
21 the disclosure of information that is otherwise protected from disclo-
22 sure by any law, regulation, order, or the civil practice law and rules.
23 § 2. The public service law is amended by adding a new section 66-x to
24 read as follows:
25 § 66-x. Semi-annual expenditure and lobbying report. 1. On or before
26 March thirty-first, two thousand twenty-five and every semi-annual peri-
27 od thereafter, every utility corporation shall report to the department
28 regarding advertising and lobbying on behalf of the utility corporation
29 by the utility corporation, the officers or trustees of the corporation,
30 or any employee of such corporation.
31 2. For the purposes of this section, the following terms shall have
32 the following meanings:
33 (a) "Lobbying" shall mean any attempt to influence:
34 (i) the passage or defeat of any legislation or resolution by either
35 house of the state legislature including but not limited to the intro-
36 duction or intended introduction of such legislation or resolution or
37 approval or disapproval of any legislation;
38 (ii) the adoption, issuance, rescission or modification of a guberna-
39 torial executive order;
40 (iii) the adoption or rejection of any rule or regulation having the
41 force and effect of law by a state agency;
42 (iv) the passage or defeat of any local law, ordinance, resolution, or
43 regulation by any municipality;
44 (v) the adoption, issuance, rescission, modification or terms of any
45 executive order issued by the chief executive officer of a municipality;
46 and
47 (vi) the adoption or rejection of any rule, regulation, or resolution
48 having the force and effect of a local law, ordinance, resolution or
49 regulation.
50 (b) "Advertising" shall mean any promotional activity or public
51 service announcement that requires the purchase of media space, includ-
52 ing television airtime, radio airtime, internet media space, billboards,
53 newspaper space, magazine space, any private publication which requires
54 the expenditure of any public funds, or any mass letter or other written
55 communication delivered by mail or by comparable delivery service,
56 including email, telephone, or other digital format.
A. 10135 3
1 3. The utility corporation shall prepare reports to include the
2 following information:
3 (a) For lobbying, such report shall include, but not be limited to:
4 the name of the trustee, officer, employee of the corporation engaging
5 in lobbying; the name of the public official or public employee that was
6 lobbied; the date and time of the meeting or communication; the subject
7 matter of the lobbying, and any expenses incurred by the corporation for
8 travel, lodging, or meals in connection with such lobbying.
9 (b) For advertising, such report shall include, but not be limited to,
10 itemization of any public funds spent on advertising and information
11 pertaining to the advertising marketing plan including measurable goals
12 and objectives for the advertising campaign.
13 4. The requirements of this section shall not be construed to require
14 the disclosure of information that is otherwise protected from disclo-
15 sure by any law, regulation, order, or the civil practice law and rules.
16 § 3. The public service law is amended by adding a new section 78-a to
17 read as follows:
18 § 78-a. Semi-annual expenditure and lobbying report. 1. On or before
19 March thirty-first, two thousand twenty-five and every semi-annual peri-
20 od thereafter, every utility corporation shall report to the department
21 regarding advertising and lobbying on behalf of the utility corporation
22 by the utility corporation, the officers or trustees of the corporation,
23 or any employee of such corporation.
24 2. For the purposes of this section, the following terms shall have
25 the following meanings:
26 (a) "Lobbying" shall mean any attempt to influence:
27 (i) the passage or defeat of any legislation or resolution by either
28 house of the state legislature including but not limited to the intro-
29 duction or intended introduction of such legislation or resolution or
30 approval or disapproval of any legislation;
31 (ii) the adoption, issuance, rescission or modification of a guberna-
32 torial executive order;
33 (iii) the adoption or rejection of any rule or regulation having the
34 force and effect of law by a state agency;
35 (iv) the passage or defeat of any local law, ordinance, resolution, or
36 regulation by any municipality;
37 (v) the adoption, issuance, rescission, modification or terms of any
38 executive order issued by the chief executive officer of a municipality;
39 and
40 (vi) the adoption or rejection of any rule, regulation, or resolution
41 having the force and effect of a local law, ordinance, resolution or
42 regulation.
43 (b) "Advertising" shall mean any promotional activity or public
44 service announcement that requires the purchase of media space, includ-
45 ing television airtime, radio airtime, internet media space, billboards,
46 newspaper space, magazine space, any private publication which requires
47 the expenditure of any public funds, or any mass letter or other written
48 communication delivered by mail or by comparable delivery service,
49 including email, telephone, or other digital format.
50 3. The utility corporation shall prepare reports to include the
51 following information:
52 (a) For lobbying, such report shall include, but not be limited to:
53 the name of the trustee, officer, employee of the corporation engaging
54 in lobbying; the name of the public official or public employee that was
55 lobbied; the date and time of the meeting or communication; the subject
A. 10135 4
1 matter of the lobbying, and any expenses incurred by the corporation for
2 travel, lodging, or meals in connection with such lobbying.
3 (b) For advertising, such report shall include, but not be limited to,
4 itemization of any public funds spent on advertising and information
5 pertaining to the advertising marketing plan including measurable goals
6 and objectives for the advertising campaign.
7 4. The requirements of this section shall not be construed to require
8 the disclosure of information that is otherwise protected from disclo-
9 sure by any law, regulation, order, or the civil practice law and rules.
10 § 4. The public service law is amended by adding a new section 89-q to
11 read as follows:
12 § 89-q. Semi-annual expenditure and lobbying report. 1. On or before
13 March thirty-first, two thousand twenty-five and every semi-annual peri-
14 od thereafter, every water-works corporation shall report to the depart-
15 ment regarding advertising and lobbying on behalf of the utility corpo-
16 ration by the utility corporation, the officers or trustees of the
17 corporation, or any employee of such corporation.
18 2. For the purposes of this section, the following terms shall have
19 the following meanings:
20 (a) "Lobbying" shall mean any attempt to influence:
21 (i) the passage or defeat of any legislation or resolution by either
22 house of the state legislature including but not limited to the intro-
23 duction or intended introduction of such legislation or resolution or
24 approval or disapproval of any legislation;
25 (ii) the adoption, issuance, rescission or modification of a guberna-
26 torial executive order;
27 (iii) the adoption or rejection of any rule or regulation having the
28 force and effect of law by a state agency;
29 (iv) the passage or defeat of any local law, ordinance, resolution, or
30 regulation by any municipality;
31 (v) the adoption, issuance, rescission, modification or terms of any
32 executive order issued by the chief executive officer of a municipality;
33 and
34 (vi) the adoption or rejection of any rule, regulation, or resolution
35 having the force and effect of a local law, ordinance, resolution or
36 regulation.
37 (b) "Advertising" shall mean any promotional activity or public
38 service announcement that requires the purchase of media space, includ-
39 ing television airtime, radio airtime, internet media space, billboards,
40 newspaper space, magazine space, any private publication which requires
41 the expenditure of any public funds, or any mass letter or other written
42 communication delivered by mail or by comparable delivery service,
43 including email, telephone, or other digital format.
44 3. The utility corporation shall prepare reports to include the
45 following information:
46 (a) For lobbying, such report shall include, but not be limited to:
47 the name of the trustee, officer, employee of the corporation engaging
48 in lobbying; the name of the public official or public employee that was
49 lobbied; the date and time of the meeting or communication; the subject
50 matter of the lobbying, and any expenses incurred by the corporation for
51 travel, lodging, or meals in connection with such lobbying.
52 (b) For advertising, such report shall include, but not be limited to,
53 itemization of any public funds spent on advertising and information
54 pertaining to the advertising marketing plan including measurable goals
55 and objectives for the advertising campaign.
A. 10135 5
1 4. The requirements of this section shall not be construed to require
2 the disclosure of information that is otherwise protected from disclo-
3 sure by any law, regulation, order, or the civil practice law and rules.
4 § 5. This act shall take effect immediately.