Relates to prohibiting the public service commission from approving a rate increase which allows a utility to recover its direct or indirect costs in excess of one hundred thousand dollars associated with its attendance in, participation in, preparation for, or appeal of any rate proceeding conducted before the commission, or compensation for management employees in excess of the current salary of the governor of the state unless proof of necessity is provided.
STATE OF NEW YORK
________________________________________________________________________
3734--A
Cal. No. 409
2025-2026 Regular Sessions
IN SENATE
January 29, 2025
___________
Introduced by Sens. MAYER, FERNANDEZ, MAY -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the public service law, in relation to prohibiting the
public service commission from approving a rate increase which allows
a utility to recover certain operating expenses
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) The commission shall not approve any rate increase which allows a
4 utility to recover the following operating expenses:
5 (i) its direct or indirect costs in excess of one hundred thousand
6 dollars associated with its attendance in, participation in, preparation
7 for, or appeal of any rate proceeding conducted before the commission.
8 Such costs shall include, but need not be limited to, attorneys' fees,
9 fees to engage expert witnesses or consultants, the portion of employee
10 salaries associated with such attendance, participation, preparation or
11 appeal of a rate proceeding and related costs identified by the commis-
12 sion; or
13 (ii) any compensation for utility management employees in excess of
14 the current salary of the governor of New York as provided for by a
15 joint resolution of the legislature at the time of the utility's initial
16 filing with the commission, unless such utility has proven by a prepon-
17 derance of the evidence that such compensation is necessary for safe and
18 reliable operation of the utility's system.
19 § 2. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07223-05-5