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Bill

S 9199

Creates the state office of the utility consumer advocate

2025 Regular Session Introduced by Joe Addabbo and 1 co-sponsor

New York creates a standalone utility consumer advocate to represent residential customers in regulatory and legal actions across energy, telecom, and water, with annual public imp

REFERRED TO CONSUMER AFFAIRS AND PROTECTION
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Bill Summary · S 9199

Summary of Bill S.9199 (2025-2026) – New York

Main purpose and intent

  • Creates the state office of the utility consumer advocate to represent and protect the interests of residential utility customers in New York.
  • Establishes the office as an independent entity with its own leadership and authority to participate in regulatory and legal proceedings related to energy, telecommunications, water, and other utility services.

Key provisions and changes

  • Establishment and leadership

    • Adds a new Article 1-A to the Public Service Law establishing the state office of the utility consumer advocate.
    • The utility consumer advocate (UCA) is appointed by the Governor for a six-year term, with Senate advice and consent.
    • The UCA must have knowledge and experience related to residential utility customers and may hire staff and retain experts. The UCA cannot be removed for cause; removal requires process based on specific grounds (permanent disability, malfeasance, felony, or conduct involving moral turpitude). Independent judgment in advocacy is not a basis for removal.

  • Powers and authority (Section 28-c)

    • The UCA can initiate, intervene in, or participate on behalf of residential utility customers in:
    • Proceedings before the New York Public Service Commission (PSC), the Federal Energy Regulatory Commission (FERC), the Federal Communications Commission (FCC), and other regulatory bodies, as well as state and federal courts.
    • Matters that may substantially affect residential utility customers, including changes in rates, charges, terms and conditions of service, rules, regulations, guidelines, and policy decisions.
    • The UCA represents residential utility customers before federal, state, and local agencies regulating energy, telecommunications, water, and other utilities, and before courts reviewing regulatory actions. Actions may be brought in the name of the UCA, and the UCA may partner with individual customers or groups.
    • The UCA may:
    • Represent customers as a party or participate to represent their interests in any proceeding.
    • Initiate proceedings if deemed necessary for matters involving utility actions or regulation, including appeals.
    • Monitor federal regulatory proceedings (FCC, FERC) that affect New York’s residential customers and participate where warranted.
    • The UCA exercises independent discretion to determine interests to advocate, considering public interest, resources, and impact.

  • Coordination and information sharing (Section 28-d)

    • The UCA can request and receive assistance, personnel, information, and cooperation from state or local authorities and other entities as needed.
    • May enter into cooperative agreements with other government offices to efficiently carry out duties.

  • Reporting requirements (Section 28-d)

    • Annually, starting July 1, 2026, the UCA must issue a report to the Governor and Legislature, accessible to the public online. Reports must include:
    • All proceedings in which the UCA participated and outcomes (to the extent not confidential).
    • Estimated savings to residential utility customers resulting from the UCA’s interventions.
    • Policy recommendations and suggested statutory amendments deemed necessary.

  • Effective date

    • The act takes effect on April 1 following the date it becomes law.

Who would be affected

  • Residential utility customers in New York would gain a formal advocate to represent their interests in regulatory and legal proceedings related to energy, telecommunications, water, and other utilities.
  • Utilities and regulated entities (energy, telecom, water, etc.) would interact with the new office in formal proceedings, potentially influencing rate cases, terms of service, and policy decisions.
  • State agencies and courts would engage with the UCA as a party or participant in relevant proceedings and could be subject to the UCA’s advocacy and filings.

Procedural and timeline aspects

  • The UCA would be appointed by the Governor for a six-year term with Senate consent.
  • Annual reporting requirement begins July 1, 2026.
  • The act provisions apply to proceedings before PSC, FERC, FCC, and other regulatory bodies, as well as state and federal courts, with the UCA acting in the state’s interest.
  • The bill has passed the Senate and was referred to Assembly committees as of the latest action; it includes standard transition and implementation timelines once enacted.

Notable details

  • The UCA has broad authority to monitor, participate in, and initiate proceedings that affect residential utility customers, including international and interstate regulatory actions (through FERC and FCC) that have any relevance to New York residents.
  • The UCA’s independence is emphasized; it can determine its participation strategy based on public interest and resource considerations, and it may partner with individual customers or groups as appropriate.
  • The annual report aims to quantify consumer savings resulting from advocacy efforts, increasing transparency about the office’s impact.

Compiled from official sources — confirm details with the bill’s official record.

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