Requires legislative approval of any utility rate or charge increase approved by the public service commission; provides that the legislature can approve, modify or rescind any rate or charge increase approved by the commission by concurrent resolution; provides that the legislature can review any rate or charge increase approved in the prior 12 months.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9032
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the public service law, in relation to requiring legis-
lative approval of any utility rate or charge increase approved by the
public service commission
PURPOSE OR GENERAL IDEA OF BILL:
To require that any utility rate increase approved by the Public Service
Commission (PSC) be subject to review and approval by the New York State
Legislature before taking effect, and to allow for retroactive review of
any rate increases approved within the twelve months prior to the bill's
enactment.
SUMMARY OF PROVISIONS:
Section 1: Creates a new section of the Public Service Law requiring
that any rate increase for a regulated utility service approved by the
PSC be transmitted to the Legislature for a 60-day review period before
implementation.
The Legislature may, by concurrent resolution of both houses, rescind or
modify the increase within the review period.
Applies retroactively to any rate increase approved by the PSC within
the twelve months preceding the bill's effective date, allowing for
reversal or modification of such increases.
Requires PSC to provide written notice to the Governor, legislative
leaders, and the public within 24 hours of approving any rate increase.
Section 2: Contains severability clause. Section 3: Sets immediate
effective date.
JUSTIFICATION:
Utility service is a necessity, not a luxury. Decisions that increase
the cost of electricity, gas, water, and other essential services have a
direct and immediate impact on every household and business in New York
State. Currently, the Public Service Commission - an unelected regulato-
ry body - has the authority to approve rate increases without direct
input or approval from the Legislature, the elected representatives of
the people. This lack of legislative oversight has allowed significant
increases to be implemented without sufficient transparency, public
engagement, or democratic accountability. The recent August 14, 2025
approval of a National Grid rate increase for Upstate New York -
expected to cost the average household roughly $600 more annually -
underscores the urgent need for reform. Many New Yorkers learned of this
decision only after it was approved, with no opportunity for their
elected officials to intervene. This bill restores that accountability
by requiring that any rate increase approved by the PSC be reviewed by
the Legislature before taking effect. If the Legislature does not
approve the increase within 60 days, it does not proceed. Furthermore,
by applying the review requirement retroactively to the last twelve
months, the bill gives the Legislature an opportunity to revisit and
potentially reverse recent increases - including the August 2025
National Grid hike - when it reconvenes in January. By ensuring that no
utility rate increase can take effect without legislative review and
potential disapproval, this legislation puts decision-making power back
where it belongs - in the hands of the people's elected representatives.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal administrative costs associated with PSC notification require-
ments.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9032
2025-2026 Regular Sessions
IN ASSEMBLY
September 5, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Energy
AN ACT to amend the public service law, in relation to requiring legis-
lative approval of any utility rate or charge increase approved by the
public service commission
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 12 of section 66 of the public service law is
2 amended by adding a new paragraph (m) to read as follows:
3 (m) No increase in any rate or charge proposed by a utility and
4 approved by the commission shall be effective unless such increase is
5 reviewed and approved by the legislature by concurrent resolution. The
6 commission shall notify the governor, the temporary president of the
7 senate, the speaker of the assembly and the public within twenty-four
8 hours of approving the increase of any rate or charge by a utility. The
9 legislature shall have sixty days from the date of such notice to review
10 such increase and to approve, modify or rescind such increase by concur-
11 rent resolution. The legislature may review and modify any rate or
12 charge increase approved by the commission in the twelve months prior to
13 the effective date of this paragraph.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13640-01-5
