Bill Text: NY A10135 | 2023-2024 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-06-03 - reported referred to rules [A10135 Detail]

Download: New_York-2023-A10135-Introduced.html



                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.
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