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Assembly Bill A5402B

2025-2026 Legislative Session

Authorizes the public service commission to establish rules to limit a utility's ability to recover certain operating expenses

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Bill Amendments

co-Sponsors

2025-A5402 - Details

See Senate Version of this Bill:
S3734
Law Section:
Public Service Law
Laws Affected:
Amd §66, Pub Serv L

2025-A5402 - Summary

Authorizes and directs the public service commission to establish rules to limit a utility's ability to recover its direct or indirect costs associated with its attendance in, participation in, preparation for, or appeal of any rate proceeding conducted before the commission.

2025-A5402 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5402
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Energy
 
 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:
 
   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) THE COMMISSION SHALL NOT APPROVE ANY RATE INCREASE WHICH ALLOWS  A
 UTILITY TO RECOVER THE FOLLOWING OPERATING EXPENSES:
   (I)  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.
 SUCH  COSTS  SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, ATTORNEYS' FEES,
 FEES TO ENGAGE EXPERT WITNESSES OR CONSULTANTS, THE PORTION OF  EMPLOYEE
 SALARIES  ASSOCIATED WITH SUCH ATTENDANCE, PARTICIPATION, PREPARATION OR
 APPEAL OF A RATE PROCEEDING AND RELATED COSTS IDENTIFIED BY THE  COMMIS-
 SION; OR
   (II) EMPLOYEE OR EXECUTIVE SALARIES IN EXCESS OF THE CURRENT SALARY OF
 THE  GOVERNOR  OF  NEW YORK AS PROVIDED FOR BY A JOINT RESOLUTION OF THE
 LEGISLATURE AT THE TIME OF THE UTILITY'S INITIAL FILING WITH THE COMMIS-
 SION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07223-02-5

co-Sponsors

2025-A5402A - Details

See Senate Version of this Bill:
S3734
Law Section:
Public Service Law
Laws Affected:
Amd §66, Pub Serv L

2025-A5402A - Summary

Authorizes and directs the public service commission to establish rules to limit a utility's ability to recover its direct or indirect costs associated with its attendance in, participation in, preparation for, or appeal of any rate proceeding conducted before the commission.

2025-A5402A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5402--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. BURDICK, SHIMSKY, OTIS -- read once and referred
   to the Committee 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 authorizing the
   public service commission to establish  rules  to  limit  a  utility's
   ability to recover certain operating expenses
 
   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)  (I)  THE  COMMISSION IS AUTHORIZED AND DIRECTED TO, NO LATER THAN
 JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, ESTABLISH  RULES  TO  LIMIT  A
 UTILITY'S  ABILITY  TO  RECOVER  ITS DIRECT OR INDIRECT COSTS ASSOCIATED
 WITH ITS ATTENDANCE IN, PARTICIPATION IN, PREPARATION FOR, OR APPEAL  OF
 ANY  RATE  PROCEEDING  CONDUCTED BEFORE THE COMMISSION. SUCH COSTS SHALL
 INCLUDE, BUT NEED NOT BE LIMITED TO, ATTORNEYS'  FEES,  FEES  TO  ENGAGE
 EXPERT  WITNESSES OR CONSULTANTS, THE PORTION OF EMPLOYEE SALARIES ASSO-
 CIATED WITH SUCH ATTENDANCE, PARTICIPATION, PREPARATION OR APPEAL  OF  A
 RATE PROCEEDING AND RELATED COSTS IDENTIFIED BY THE COMMISSION.
   (II)  IN  ESTABLISHING  SUCH  RULES  THE  COMMISSION MAY CONSIDER: (A)
 SETTING AN OVERALL PERCENTAGE OF THE UTILITY'S EXPENSES IN A  RATE  CASE
 THAT  ARE NOT RECOVERABLE; (B) SETTING A BASELINE OF THE REASONABLE COST
 OF PARTICIPATION IN A RATE CASE; AND (C) ESTABLISHING DISCOVERY  PARAME-
 TERS AND WHAT INFORMATION IN A PROCEEDING MUST BE DISCLOSED TO INTERVEN-
 ERS  AND  TO  THE  COMMISSION TO REDUCE TIME AND COSTS ASSOCIATED WITH A
 LENGTHY DISCOVERY PROCESS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07223-03-5

co-Sponsors

2025-A5402B (ACTIVE) - Details

See Senate Version of this Bill:
S3734
Law Section:
Public Service Law
Laws Affected:
Amd §66, Pub Serv L

2025-A5402B (ACTIVE) - Summary

Authorizes and directs the public service commission to establish rules to limit a utility's ability to recover its direct or indirect costs associated with its attendance in, participation in, preparation for, or appeal of any rate proceeding conducted before the commission.

2025-A5402B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5402--B
                                                         Cal. No. 269
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M. of A. BURDICK, SHIMSKY, OTIS, SHRESTHA, SANTABARBARA,
   KELLES -- read once and referred to the Committee on Energy -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to said committee -- recommitted to the Committee on Energy in
   accordance with Assembly Rule 3, sec. 2 --  reported  from  committee,
   advanced  to a third reading, amended and ordered reprinted, retaining
   its place on the order of third reading
 
 AN ACT to amend the public service law, in relation to  authorizing  the
   public  service  commission  to  establish  rules to limit a utility's
   ability to recover certain operating expenses
 
   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 (n) to read as follows:
   (N) (I) THE COMMISSION IS AUTHORIZED AND DIRECTED TO,  NO  LATER  THAN
 JANUARY  FIRST,  TWO  THOUSAND  TWENTY-SEVEN, ESTABLISH RULES TO LIMIT A
 UTILITY'S ABILITY TO RECOVER ITS DIRECT  OR  INDIRECT  COSTS  ASSOCIATED
 WITH  ITS ATTENDANCE IN, PARTICIPATION IN, PREPARATION FOR, OR APPEAL OF
 ANY RATE PROCEEDING CONDUCTED BEFORE THE COMMISSION.  SUCH  COSTS  SHALL
 INCLUDE,  BUT  NEED  NOT  BE LIMITED TO, ATTORNEYS' FEES, FEES TO ENGAGE
 EXPERT WITNESSES OR CONSULTANTS, THE PORTION OF EMPLOYEE SALARIES  ASSO-
 CIATED  WITH  SUCH ATTENDANCE, PARTICIPATION, PREPARATION OR APPEAL OF A
 RATE PROCEEDING AND RELATED COSTS IDENTIFIED BY THE COMMISSION.
   (II) IN ESTABLISHING SUCH  RULES  THE  COMMISSION  MAY  CONSIDER:  (A)
 SETTING  AN  OVERALL PERCENTAGE OF THE UTILITY'S EXPENSES IN A RATE CASE
 THAT ARE NOT RECOVERABLE; (B) SETTING A BASELINE OF THE REASONABLE  COST
 OF  PARTICIPATION IN A RATE CASE; AND (C) ESTABLISHING DISCOVERY PARAME-
 TERS AND WHAT INFORMATION IN A PROCEEDING MUST BE DISCLOSED TO INTERVEN-
 ERS AND TO THE COMMISSION TO REDUCE TIME AND  COSTS  ASSOCIATED  WITH  A
 LENGTHY DISCOVERY PROCESS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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