Senate Energy committee advances a slate of utility and broadband bills; several referred for further review

ALBANY — The New York State Senate Energy and Telecommunications Committee advanced a number of bills on utility regulation, broadband attachments and consumer protections during its unspecified-date meeting. Several measures moved to subsequent committees or the calendar; one bill that drew extended questioning about fines and enforcement was referred to the Finance Committee.

Among the measures the committee advanced:

- Bill 980 (sponsor: Sen. Rolison): An act to amend the Public Service Law to require public hearings on increases in utility charges. The committee moved the bill; the transcript records support and a request to clear committee. The bill was referred to consumer affairs.

- Bill 2355 (sponsor: Sen. Parker): An act to amend the Public Service Law in relation to attachments to utility poles for broadband service. The bill was moved, received one recorded "no" vote, and was advanced to the calendar.

- Bill 2475 (sponsor: Sen. Parker): An act to amend the Public Service Law and Real Property Tax Law to establish tax-exemption treatment for certain energy-related public utility real property constructed to meet state clean-energy goals. Committee members questioned the scope and local-government impacts, including whether existing renewable projects would remain taxable and whether the exemption would apply to natural gas or independent generators; sponsors said the exemption would apply only to utility infrastructure constructed pursuant to the state's clean-energy criteria and would not apply to natural gas or independent generators. The bill was moved and referred to the Committee on Local Governments.

- Bill 3109 (sponsor: Sen. Cooney): An act to require substantially similar permits for broadband deployments to be processed together on an expedited basis. The committee advanced the bill to Local Governments after members confirmed it does not change pole capacity and that local governments retain denial authority.

- Bill 4316 (sponsor: Connery): An act to require phone companies to restore service promptly when the user depends on a medical-alert system or device that transmits medical data. The bill was moved and sent to the calendar.

- Bill 5509 (sponsor: Sen. Parker): An act to require display of notices of responsibilities to protect underground facilities. The bill was moved and will proceed to the calendar.

- Bill 6200 (sponsor: Scoofus): An act to require utility companies to maintain a toll-free number for reporting outages, including municipal electric companies. The current draft had no size exemption for municipal utilities; the bill advanced to the calendar with one recorded "no" or a single without-record vote noted in the transcript.

- Bill 6277 (sponsor: Sen. Sarcellus Vanton): An act to create a State Office of Utility Consumer Advocate. The bill passed committee by recorded voice counts (the transcript records multiple no votes but enough members to advance) and was referred to the next step noted in committee proceedings.

- Bill 6997 (sponsor: Sen. Ryan): An act to strengthen enforcement, safety and quality for pole attachments. This bill generated the longest discussion on the calendar; sponsors and senators debated definitions of "attachers," which parties would bear fines, and whether fines could fall on small subcontractors or individual workers. The bill would require owners of poles to maintain a database of attachers and report work, compel the Public Service Commission to review safety and procedures, and create graduated fines and a list of bad actors. Committee members pressed about whether fines could reach six figures against small subcontractors and how indemnification would work; sponsors said the intent was for the attaching company to be the primary liable entity but that language includes officers, attachers, agents and employees. After extended questioning, the bill was referred to the Finance Committee.

- Bill 7132 (sponsor: Sen. Parker): An act to establish a renewable hydrogen incentive program; the bill was moved to Finance with one recorded without-record vote.

- Bill 7328 (sponsor: Sen. Hitching): An act concerning the commissioners of the Public Service Commission; the committee voted to advance the bill to third reading.

- Bill 7693 (sponsor: Sen. Mayor): An act to retain revenues derived from actual return on equity in excess of authorized rates of return by gas, electric or combination companies and redirect excess to ratepayers. Members asked about revenue impacts, how returns would be returned to ratepayers, and PSC discretion; the committee ultimately sent the bill to third reading and debated whether the finance committee should review distribution mechanisms.

The committee generally handled the calendar by motion, second and voice vote, with multiple bills advanced either to the floor calendar, to local governments, to finance, or to third reading depending on the subject and the debate. Several bills recorded one or more dissenting voices (the transcript repeatedly notes "one no vote" or "three no votes" for particular items). The committee concluded its calendar and then heard an industry presentation on battery energy storage from KeyCapture Energy (see separate article).