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A01227 Summary:

BILL NOA01227
 
SAME ASSAME AS S05583
 
SPONSORCahill
 
COSPNSR
 
MLTSPNSRColton, Dinowitz, Galef, Glick, Gottfried, Lupardo
 
Amd §§65, 79, 89-b & 91, add §119-d, Pub Serv L
 
Requires consideration of evidence relating to the economic impact of major increases of rates or charges upon consumers and the areas affected by such increases of rates or charges prior to approval of any such rates or charges; establishes minimum data to be considered by the public service commission relating to such economic impact.
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A01227 Actions:

BILL NOA01227
 
01/07/2021referred to corporations, authorities and commissions
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A01227 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1227
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. COLTON,
          DINOWITZ, GALEF, GLICK, GOTTFRIED, LUPARDO -- read once  and  referred
          to the Committee on Corporations, Authorities and Commissions
 
        AN  ACT  to  amend  the  public  service  law,  in relation to requiring
          evidence and consideration of the economic impact of utility rates and
          charges by the public service commission
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 1 of section 65 of the public service law, as
     2  amended by chapter 789 of the laws  of  1930,  is  amended  to  read  as
     3  follows:
     4    1. Every gas corporation, every electric corporation and every munici-
     5  pality  shall  furnish  and  provide such service, instrumentalities and
     6  facilities as shall be safe and adequate and in all  respects  just  and
     7  reasonable.  All  charges  made or demanded by any such gas corporation,
     8  electric corporation or municipality for gas, electricity or any service
     9  rendered or to be rendered, shall be just and reasonable  and  not  more
    10  than allowed by law or by order of the commission. In determining wheth-
    11  er  charges are just and reasonable, consideration shall be given to the
    12  economic impact of such charges upon consumers and the  area  served  by
    13  each  such gas corporation, electric corporation and municipality. Every
    14  unjust or unreasonable charge made or demanded for gas,  electricity  or
    15  any  such  service,  or  in  connection  therewith, or in excess of that
    16  allowed by law or by the order of the commission is prohibited.
    17    § 2. Subdivision 1 of section 79 of the public service law, as amended
    18  by chapter 134 of the laws of 1921, is amended to read as follows:
    19    1. Every steam corporation shall furnish  and  provide  such  service,
    20  instrumentalities  and  facilities  as shall be safe and adequate and in
    21  all respects just and reasonable. All charges made or  demanded  by  any
    22  such  corporation  for  such service rendered or to be rendered shall be
    23  just and reasonable and not more than allowed by order  of  the  commis-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01290-01-1

        A. 1227                             2
 
     1  sion.  In determining whether charges are just and reasonable, consider-
     2  ation shall be given to the economic impact of such charges upon consum-
     3  ers  and the area served by each such steam corporation. Every unjust or
     4  unreasonable  charge made or demanded for such service, or in connection
     5  therewith or in excess of that allowed by law or by  the  commission  is
     6  prohibited.
     7    § 3. Subdivision 1 of section 89-b of the public service law, as added
     8  by chapter 715 of the laws of 1931, is amended to read as follows:
     9    1.  Every  water-works  corporation  shall  furnish  and  provide such
    10  service, instrumentalities and facilities as shall be safe and  adequate
    11  and in all respects just and reasonable. All charges made or demanded by
    12  any  such  water-works corporation for water, or for equipment furnished
    13  or for any service rendered or to be rendered shall be just and  reason-
    14  able and not more than allowed by law or by order of the commission.  In
    15  determining whether charges are just and reasonable, consideration shall
    16  be  given  to the economic impact of such charges upon consumers and the
    17  area served by each such water-works corporation. Every unjust or unrea-
    18  sonable charge made or demanded for water or for equipment furnished  or
    19  for  any  such service, or in connection therewith, or in excess of that
    20  allowed by law or by the order of the commission is prohibited.
    21    § 4. Subdivision 1 of section 91 of the public service law,  as  added
    22  by chapter 673 of the laws of 1910, is amended to read as follows:
    23    1.  Every  telegraph corporation and every telephone corporation shall
    24  furnish and provide with respect to its business such  instrumentalities
    25  and facilities as shall be adequate and in all respects just and reason-
    26  able. All charges made or demanded by any telegraph corporation or tele-
    27  phone  corporation  for  any  service  rendered  or  to  be  rendered in
    28  connection therewith shall be just and  reasonable  and  not  more  than
    29  allowed  by  law  or  by order of the commission. In determining whether
    30  charges are just and reasonable, consideration shall  be  given  to  the
    31  economic  impact  of  such charges upon consumers and the area served by
    32  each such telegraph corporation and telephone corporation. Every  unjust
    33  or  unreasonable  charge  made  or  demanded  for any such service or in
    34  connection therewith or in excess of that allowed by law or by order  of
    35  the commission is prohibited and declared to be unlawful.
    36    §  5.  The public service law is amended by adding a new section 119-d
    37  to read as follows:
    38    § 119-d. Economic impact. 1. Prior to approving any major increase  in
    39  rates  or  charges proposed by a public utility company or municipality,
    40  the commission shall consider the economic impact of any  such  proposed
    41  increase  in  the  rates or charges upon consumers in the area served by
    42  the company or municipality proposing such  increase.  For  purposes  of
    43  this  subdivision,  "major increase" shall mean an increase in the rates
    44  and charges which would increase the aggregate revenues of the applicant
    45  more than the greater of three hundred thousand dollars or two and  one-
    46  half percent.
    47    2.  The  commission  shall  consider  unemployment data, median income
    48  information and the number of persons receiving social services  assist-
    49  ance  with  respect  to  the  applicable  service area. In addition, the
    50  commission shall consider in reaching its determination in any such rate
    51  case:
    52    a. the average monthly utility bill for each class  of  customers  who
    53  would  be  affected  by  an  increased  rate or charge and the estimated
    54  increased utility bill for each such class of customers; and
    55    b. the latest federal bureau of labor statistics consumer price  index
    56  figures  indicating  the  average cost of living and the average cost of

        A. 1227                             3
 
     1  fuel and utilities for the nation and, if possible for the state or  the
     2  service area affected by such increased rate or charge.
     3    §  6.  This  act shall take effect immediately and shall apply to each
     4  request for increased rates or charges submitted on or after the  effec-
     5  tive date of this act.
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