RESOLUTION
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP ROBINSON, MINORITY LEADER BREEN, COUNCILMEMBERS, PINEDA -ISAAC, DIAZ AND MERANTE:
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RESOLUTION CALLING UPON THE NEW YORK STATE LEGISLATURE TO PASS AND THE GOVERNOR TO SIGN S.1701/A.2614, S.1896/A.1028, AND OTHER PROPOSED LEGISLATION GIVING GREATER OVERSIGHT AND ENFORCEMENT POWERS TO THE PUBLIC SERVICE COMMISSION ON BEHALF OF YONKERS RESIDENTS FACING ESCALATING ENERGY UTILITY COSTS
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Whereas, one of the most significant challenges residents of the City of Yonkers face is high and ever escalating energy utility;
Whereas, in so many ways the present energy utility system lacks transparency and protects and favors the utility industry over regular residents and utility consumers;
Whereas, in New York State the governmental agency charged with regulating and overseeing the utility industry, including such dominant energy providers as Con Edison, is the Public Service Commission;
Whereas, presently before the New York State Legislature is a comprehensive series of measures designed to protect and provide relief to residents and energy utility consumers by making the industry fairer and more transparent, and giving the Public Service Commission greater regulatory and enforcement powers over energy utility providers;
Whereas, one such measure is S.1701/A.2614, sponsored by New York State Senator Shelley Mayer, a proposed amendment to the Public Service Law, recently passed by the Senate, which would eliminate the statutory limits on penalties for violations by public utility companies, institute a new process by which the Public Service Commission sets a penalty, and alters the provisions relating to the imposition of penalties on combination gas and electric corporations, including by eliminating the statutory limits on penalties for violations;
Whereas, another such measure is S.1896/A.1028, also sponsored by New York State Senator Shelley Mayer and recently passed by the Senate, which would require electricity, gas, steam, and water-works corporations to use a standardized return on equity calculations set by the Public Service Commission in order to prevent unjustifiable rate increases;
Whereas, along with these two proposed laws, the New York State Senate has also these seven (7) other promising laws that would provide relief to Yonkers residents and energy consumers:
• Utility Hikes Economic Impact: This bill would require the Public Service Commission to consider the economic impact of utility rates and charges when evaluating utilities’ proposed rate changes
• Accurate Meter Readings: This bill directs utilities to file with the Public Service Commission a model procedure for calculating estimated utility bills and to use more actual meter readings;
• Home Energy Assistance Re-enrollment: This bill would require social services districts to automatically re-enroll eligible persons or households for the low-income home energy assistance program (LIHEAP) if they remain eligible;
• Strengthen Utility Storm Response and Compliance: This bill would incentivize better regulatory compliance by utilities through increased flexibility for the Public Service Commission to assess penalties on utilities for violations of the Public Service Law, and to expand emergency response plan requirements;
• Utilities to Adopt the Common Equity Ratio: This bill would require electric corporations, gas corporations, steam corporations and water-works corporations to use standardized return on equity calculations set by the Public Service Commission to prevent unjustifiable rate increases;
• Utility Late Payment Study: This bill directs the Department of State and Public Service Commission to study and report upon disclosure by utilities to credit reporting agencies regarding late payments;
• Limits Fixed Charges: This bill would direct the Department of Public Service to adjust each utility corporation's residential fixed charge upon such corporation's filing with the Department regarding rate schedule amendments, to recover only the fixed costs and operation and maintenance expenses directly related to metering, billing, service connections and the provision of customer service;
• NY HEAT Act: This bill aligns utility regulation with state climate justice and emission reduction targets; and repeals certain provisions of the Public Service Law relating to gas service and sale, including the 100-foot rule that obligates utilities to provide gas connections to residential ratepayers at no cost if the ratepayer lives within 100 feet of the main gas line;
• Civil Penalties for False Statements: This bill would establish civil penalties for utilities that knowingly make false material statements to the Public Service Commission in relation to a rate-making proceeding.
Whereas, this comprehensive package of legislation, all recently passed by the New York State Senate, would provided welcomed relief to Yonkers residents and other energy utility consumers from ever rising energy utility costs and a system that often seems to favor and protect the energy utility companies over people, does not take into account the equities, that is not less than transparent, and that can be very frustrating for residents to interact with when they need to;
Now, Therefore, Be it Resolved, that this City Council hereby calls on the New York State Legislature to pass, and the Governor to sign the foregoing proposed legislation which will bring a greater level of transparency, fairness and balance between the industry and residents to the energy utility system in the City of Yonkers and the State of New York.
This resolution shall take effect immediately.