View Amendment Current Amendment: 5 to Bill 4379 Rep. J.E. SMITH propose the following Amendment No. 5 to H. 4379 (COUNCIL\DG\4379C003.BBM.DG18):

Reference is to Printer's Date 1/10/18-H.

Amend the bill, as and if amended, SECTION 1, by striking Section 1-7-1320 through Section 1-7-1350 and inserting:

     Section 1-7-1320.      For purposes of this article, the term:
     (1)      'Commission' and 'Regulatory Staff' have the same meaning as provided in Section 58-4-5.
     (2)      'Consumer interests' means interests the Utilities Consumer Advocate feels are material, especially:
           (a)      consumer interests in holding utility bills stable and to the lowest reasonable level in the short and long term;
           (b)      securing safe and reliable utility services at nondiscriminatory rates; and
           (c)      managing utility bills through conservation, efficiency, and technologies that facilitate control over energy generation and consumption.
     (3)      'Public Utility' has the same meaning as provided in Section 58-4-5, but also shall include in the meaning those electric utilities which are the under the jurisdiction of the Public Service Commission.

     Section 1-7-1330.      (A)      The Utilities Consumer Advocate must be appointed by the Attorney General and may be removed from office by the Attorney General for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity to serve. The Utilities Consumer Advocate must be an attorney qualified to practice in all courts of this State. The Utilities Consumer Advocate shall not report to the Office of Regulatory Staff but may avail himself of the services of the Office of Regulatory Staff as necessary in representing the public utility interests of consumers. The Office of Regulatory Staff shall cooperate with any and all requests by the Utilities Consumer Advocate and Regulatory Staff and shall be available to provide research and expertise to the Utilities Consumer Advocate as requested.
     (B)      Unless otherwise provided by law, no person may serve as the Utilities Consumer Advocate if the Public Service Commission regulates any utility with which that person is associated. If the commission regulates a business with which the Utilities Consumer Advocate is associated, he must annually file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.
     (C)      No person may serve as the Utilities Consumer Advocate if the Public Service Commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.

     Section 1-7-1340.      The Utilities Consumer Advocate must be provided office space and be otherwise equipped by the Office of the Attorney General to perform the functions prescribed in this article. Necessary expenses must be borne by regulated utilities, in a manner consistent with the provisions of Section 58-4-60. The Attorney General shall set the salary of the Utilities Consumer Advocate.

     Section 1-7-1350.      (A)      The duties and responsibilities of the Utilities Consumer Advocate are:
           (1)      to represent the public utility interests of consumers, especially residential consumers who take public utility service for domestic purposes, low income residential consumers, and small business consumers, as defined in Section 1-23-270;
           (2)      to provide legal representation of the consumer interests before the state and federal regulatory agencies which undertake to fix rates or prices for public utilities;
           (3)      along with the Office of Regulatory Staff, to monitor existing regulations, rate structures, and policies of those agencies of special interest to utility consumers and report to the public through the news media proposed changes under consideration and the effect of those changes on the lives of the citizens of the State; and
           (4)      to evaluate and act upon requests from consumers concerning the matters provided in items (1) through (3), except that any proceedings initiated by the Utilities Consumer Advocate must be brought on behalf of the public at large and not for individuals; initiation or continuation of any proceedings is in the sole discretion of the Utilities Consumer Advocate.
     (B)      The Utilities Consumer Advocate shall provide an annual report to the General Assembly on January fifteenth of each year regarding the previous year's activities on behalf of the interests of utility consumers.

Renumber sections to conform.
Amend title to conform.