Assembly Bill A2736

2025-2026 Legislative Session

Relates to consideration of capital expenditures in rate proceedings

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2025-A2736 - Details

Law Section:
Public Service Law
Laws Affected:
Amd §66, Pub Serv L

2025-A2736 - Summary

Requires that any proposed capital expenditure to be considered in any matter affecting a major change in rates must be described by the utility and shall include the purpose, cost, and benefits to the ratepayers and shall be posted on the PSC website.

2025-A2736 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2736
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Energy
 
 AN  ACT to amend the public service law, in relation to consideration of
   capital expenditures in utility rate proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision 12 of section 66 of the public service law is
 amended by adding a new paragraph (m) to read as follows:
   (M) ANY PROPOSED CAPITAL  EXPENDITURE  TO  BE  CONSIDERED  IN  A  RATE
 PROCEEDING  AT  THE  TIME  AUTHORIZATION  TO  MAKE  SUCH  INVESTMENTS IS
 INITIALLY REQUESTED, MUST BE STATED IN FULL  DETAIL  WITH  EACH  PROJECT
 DESCRIBED  IN  FULL  DETAIL BY THE UTILITY, INCLUDING THE PURPOSE, COST,
 LIFE EXPECTANCY, LOCATION IN  THE  SERVICE  TERRITORY,  AND  ANTICIPATED
 BENEFITS  TO  RATEPAYERS, BOTH FINANCIAL AND NON-FINANCIAL, OF EACH SUCH
 PROJECT INCLUDED IN THE PROPOSED CAPITAL  EXPENDITURE.  AT  ANY  HEARING
 INVOLVING  CONSIDERATION  OF A PROPOSED CAPITAL EXPENDITURE FOR PURPOSES
 OF A RATE PROCEEDING, A CAPITAL EXPENDITURE TO BE USED IN DETERMINING  A
 RATE  INCREASE, SHALL NOT BE CONSIDERED IN WHOLE OR PART, IF THE UTILITY
 DOES NOT SHOW BY THE PREPONDERANCE OF  THE  EVIDENCE  THAT  THE  DESIRED
 OUTCOME  THROUGH  SUCH  CAPITAL  EXPENDITURE  IS JUST AND REASONABLE AND
 BENEFICIAL TO RATEPAYERS, WITH CONSIDERATION GIVEN TO BOTH IMMEDIATE AND
 LONG-TERM IMPACTS. THE COMMISSION MAY GIVE TO THE HEARING  AND  DECISION
 OF SUCH QUESTIONS PREFERENCE OVER ALL OTHER QUESTIONS PENDING BEFORE IT.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05485-01-5

co-Sponsors

2025-A2736A (ACTIVE) - Details

Law Section:
Public Service Law
Laws Affected:
Amd §66, Pub Serv L

2025-A2736A (ACTIVE) - Summary

Requires that any proposed capital expenditure to be considered in any matter affecting a major change in rates must be described by the utility and shall include the purpose, cost, and benefits to the ratepayers and shall be posted on the PSC website.

2025-A2736A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2736--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Energy -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN  ACT to amend the public service law, in relation to consideration of
   capital expenditures in utility rate proceedings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 12 of section 66 of the public service law is
 amended by adding a new paragraph (m) to read as follows:
   (M) ANY PROPOSED CAPITAL EXPENDITURE TO BE CONSIDERED  IN  ANY  MATTER
 AFFECTING A MAJOR CHANGE IN RATES MUST BE DESCRIBED, WHICH SHALL INCLUDE
 BUT  NOT  BE LIMITED TO, THE:  (I) PURPOSE OF THE PROPOSED PROJECT, (II)
 TOTAL COST, (III) EXPECTED PERIOD OF USEFULNESS, (IV)  LOCATION  IN  THE
 SERVICE  TERRITORY,  (V)  RATIONALE FOR INCLUSION IN THE PROCEEDING, AND
 (VI) ANTICIPATED BENEFITS TO RATEPAYERS,  MEASURED  BY  LOWER  COSTS  TO
 RATEPAYERS  AND/OR OTHER BENEFITS AS DETERMINED BY THE COMMISSION.  SUCH
 DESCRIPTIONS OF PROJECTS SHALL BE POSTED ON  THE  COMMISSION'S  WEBSITE.
 PURSUANT  TO  PARAGRAPH  (I) OF THIS SUBDIVISION, THE BURDEN OF PROOF TO
 SHOW THAT A CHANGE IN RATES RELATED TO EACH CAPITAL EXPENDITURE IS  JUST
 AND REASONABLE SHALL BE ON THE UTILITY.
   §  2.  This  act shall take effect immediately; provided however, this
 act shall not apply to any matters involving a change  in  rates  before
 the  Public Service Commission which were initiated prior to such effec-
 tive date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05485-02-5

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