Amd §66, Pub Serv L (as proposed in S.8213 & A.2736-A)
Requires that any proposed capital expenditure to be considered in any matter affecting a major change in rates must be described by the utility on a per project basis and shall include the purpose and the need for each capital expenditure, total cost, and benefits to the ratepayers and the operation of the distribution system, and shall be posted on the PSC website.
STATE OF NEW YORK
________________________________________________________________________
8764
IN SENATE
January 8, 2026
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public service law, in relation to consideration of
capital expenditures by a utility proposing a major change in rates
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (m) of subdivision 12 of section 66 of the public
2 service law, as added by a chapter of the laws of 2025 amending the
3 public service law relating to consideration of capital expenditures in
4 utility rate proceedings, as proposed in legislative bills numbers S.
5 8213 and A. 2736-A, is amended to read as follows:
6 (m) [Any] As a separate and distinct part of any filing by a utility
7 proposing a major change in rates, the utility must provide a
8 description of any proposed capital expenditure [to be considered in any
9 matter affecting a major change in rates must be described, which shall
10 include], on a per project basis, including but not [be] limited to,
11 the: (i) purpose of and the need for each of the proposed [project]
12 capital expenditures, (ii) total cost, (iii) expected period of useful-
13 ness, (iv) location in the service territory, (v) rationale for inclu-
14 sion in the proceeding, and (vi) anticipated benefits to ratepayers[,
15 measured by lower costs to ratepayers and/or other benefits as deter-
16 mined by the commission] and the operation of the distribution system.
17 Such descriptions of [projects] capital expenditures, on a per project
18 basis, shall be posted on the commission's website. Pursuant to para-
19 graph (i) of this subdivision, the burden of proof to show that a change
20 in rates related to each capital expenditure is just and reasonable
21 shall be on the utility.
22 § 2. Nothing in this act shall be construed to limit or restrict the
23 existing powers of the public service commission.
24 § 3. This act shall take effect on the same date and in the same
25 manner as a chapter of the laws of 2025 amending the public service law
26 relating to consideration of capital expenditures in utility rate
27 proceedings, as proposed in legislative bills numbers S. 8213 and A.
28 2736-A, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05485-04-6
