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Senate Bill S8764

2025-2026 Legislative Session

Relates to consideration of capital expenditures in rate proceedings

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Current Bill Status - In Senate Committee Rules Committee

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2025-S8764 (ACTIVE) - Details

See Assembly Version of this Bill:
A9441
Current Committee:
Senate Rules
Law Section:
Public Service Law
Laws Affected:
Amd §66, Pub Serv L (as proposed in S.8213 & A.2736-A)

2025-S8764 (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 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.

2025-S8764 (ACTIVE) - Sponsor Memo

2025-S8764 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8764
 
                             I N  S E N A T E
 
                              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:

   Section 1. Paragraph (m) of subdivision 12 of section 66 of the public
 service law, as added by a chapter of the  laws  of  2025  amending  the
 public  service law relating to consideration of capital expenditures in
 utility rate proceedings, as proposed in legislative  bills  numbers  S.
 8213 and A. 2736-A, is amended to read as follows:
   (m)  [Any]  AS A SEPARATE AND DISTINCT PART OF ANY FILING BY A UTILITY
 PROPOSING  A  MAJOR  CHANGE  IN  RATES,  THE  UTILITY  MUST  PROVIDE   A
 DESCRIPTION OF ANY proposed capital expenditure [to be considered in any
 matter  affecting a major change in rates must be described, which shall
 include], ON A PER PROJECT BASIS, INCLUDING but  not  [be]  limited  to,
 the:    (i)  purpose  of AND THE NEED FOR EACH OF the proposed [project]
 CAPITAL EXPENDITURES, (ii) total cost, (iii) expected period of  useful-
 ness,  (iv)  location in the service territory, (v) rationale for inclu-
 sion in the proceeding, and (vi) anticipated  benefits  to  ratepayers[,
 measured  by  lower  costs to ratepayers and/or other benefits as deter-
 mined by the commission] AND THE OPERATION OF THE  DISTRIBUTION  SYSTEM.
 Such  descriptions  of [projects] CAPITAL EXPENDITURES, ON A PER PROJECT
 BASIS, shall be posted on the commission's website.  Pursuant  to  para-
 graph (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. Nothing in this act shall be construed to limit or  restrict  the
 existing powers of the public service commission.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2025 amending the public service  law
 relating  to  consideration  of  capital  expenditures  in  utility rate
 proceedings, as proposed in legislative bills numbers  S.  8213  and  A.
 2736-A, takes effect.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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