Assembly Bill A10672

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10672
 
                           I N  A S S E M B L Y
 
                              March 20, 2026
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Energy
 
 AN ACT to amend the public  service  law,  in  relation  to  prohibiting
   public utilities from passing along the cost of site investigation and
   remediation efforts on to rate payers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public service law is amended by adding a  new  article
 12 to read as follows:
 
                                ARTICLE 12
                            GENERAL PROVISIONS
 
 SECTION 240. DEFINITIONS.
         241. LIMITATIONS ON RATES.
   § 240. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
 WISE INDICATES, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   1. "PUBLIC UTILITY" MEANS A PUBLIC UTILITY COMPANY OR A PUBLIC UTILITY
 CORPORATION SUBJECT TO THE PROVISIONS OF THIS CHAPTER.
   2.  "SITE  INVESTIGATION  AND  REMEDIATION  EXPENSES"  MEANS  EXPENSES
 RELATED TO ALL INVESTIGATION AND REMEDIATION  ACTIVITY  TO  ADDRESS  ALL
 SOIL  CONTAMINANTS  LISTED  IN  6 NYCRR 375-678 AND ALL CONTAMINANTS FOR
 WHICH SOIL CLEAN-UP OBJECTIVES ARE SET UNDER THE COMMISSIONER  OF  ENVI-
 RONMENTAL  CONSERVATION'S POLICY FIFTY-ONE FROM VARIOUS SOURCES, INCLUD-
 ING, BUT NOT LIMITED TO PETROLEUM OR CHEMICAL  SPILLS,  PFAS  SUBSTANCES
 UTILIZATION,  DUMPING,  FORMER  GAS MANUFACTURING OPERATIONS, AND FORMER
 FACTORY OPERATIONS; AND TO ACHIEVE WATER QUALITY STANDARDS UNDER 6 NYCRR
 703.  "SITE INVESTIGATION AND REMEDIATION  EXPENSES"  INCLUDES  EXPENSES
 FOR  REMEDIATION  MEASURES NECESSITATED AT BROWNFIELD SITES AND STATE OR
 FEDERAL SUPERFUND SITES.
   3.  "PERFLUOROALKYL   AND   POLYFLUOROALKYL   SUBSTANCES"   OR   "PFAS
 SUBSTANCES" MEANS A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT
 LEAST ONE FULLY FLUORINATED CARBON ATOM.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13816-02-6
              

 A. 10672                            2
 
   §  241.  LIMITATIONS ON RATES. 1. THE FOLLOWING EXPENSES, WHETHER PAID
 DIRECTLY OR INDIRECTLY, THROUGH REIMBURSEMENT OR OTHERWISE, INCURRED  BY
 A  PUBLIC  UTILITY  MAY  NOT  BE  INCLUDED  OR INCORPORATED IN OPERATING
 EXPENSES TO BE RECOVERED FROM  CONSUMERS  IN  RATES,  TARIFFS  OR  OTHER
 CHARGES:
   (A)  EXPENSES  OR OTHER CHARGES FOR SITE INVESTIGATION AND REMEDIATION
 EXPENSES; OR
   (B) FINES, PENALTIES, OR EXPENSES OR OTHER CHARGES FOR LEGAL  SERVICES
 OR  OTHER  ADVISORY OR CONSULTING SERVICES RELATED TO SITE INVESTIGATION
 AND REMEDIATION OBLIGATIONS.
   2. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN,  AND
 ANNUALLY  THEREAFTER,  EACH  PUBLIC  UTILITY WITH MORE THAN SEVENTY-FIVE
 THOUSAND CUSTOMERS SHALL SUBMIT TO THE COMMISSION A REPORT,  IN  A  FORM
 PRESCRIBED BY THE COMMISSION, CONTAINING A WRITTEN, ITEMIZED DESCRIPTION
 OF  ANY  EXPENSES THAT MAY NOT BE INCLUDED OR INCORPORATED IN THE PUBLIC
 UTILITY'S OPERATING EXPENSES UNDER SUBDIVISION ONE OF THIS SECTION.  FOR
 EACH  EXPENSE,  THE  REPORT MUST INCLUDE THE DATE, THE PAYEE, THE AMOUNT
 AND A DESCRIPTION OF THE PURPOSE OF THE EXPENSE AND ANY  OTHER  INFORMA-
 TION DEEMED RELEVANT BY THE COMMISSION.
   3.  THE  PUBLIC UTILITY SHALL MAKE AVAILABLE FOR PUBLIC INSPECTION ALL
 MATERIALS FILED WITH THE COMMISSION IN ACCORDANCE WITH  SUBDIVISION  TWO
 OF  THIS SECTION. THE COMMISSION SHALL MAKE AVAILABLE THE ANNUAL REPORTS
 FILED BY PUBLIC UTILITIES IN ACCORDANCE WITH THIS SECTION ON ITS PUBLIC-
 LY ACCESSIBLE WEBSITE WITH NOTICE OF THE  AVAILABILITY  OF  THE  REPORTS
 PROMINENTLY DISPLAYED ON THE WEBSITE.
   §  2.  Section  5 of the public service law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE COMMISSION SHALL ADOPT  AND  IMPLEMENT  RULES  AND  REGULATIONS
 NECESSARY  TO  IMPLEMENT THE PROVISIONS OF SECTION TWO HUNDRED FORTY-ONE
 OF THIS CHAPTER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.