S T A T E O F N E W Y O R K
________________________________________________________________________
8907
I N S E N A T E
January 14, 2026
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the public service law and the public authorities law,
in relation to certain corporations and the Long Island power authori-
ty's failure to achieve annual customer service performance targets
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "utility penalty and customer bill relief act".
§ 2. The public service law is amended by adding a new section 25-b to
read as follows:
§ 25-B. FAILURE TO ACHIEVE ANNUAL CUSTOMER SERVICE PERFORMANCE
TARGETS. 1. ANY GAS CORPORATION, ELECTRIC CORPORATION AND COMBINATION
GAS AND ELECTRIC CORPORATIONS THAT FAIL TO ACHIEVE THEIR ANNUAL CUSTOMER
SERVICE PERFORMANCE TARGETS IN ANY PARTICULAR YEAR, WHICH ARE SUBJECT TO
FINANCIAL PENALTIES OR NEGATIVE REVENUE ADJUSTMENTS AS ESTABLISHED IN
SUCH CORPORATION'S RATE PLAN, SHALL BE RETURNED TO RATE PAYERS BY MEANS
OF DIRECT BILL CREDIT AS SOON AS PRACTICALLY FEASIBLE. EVERY GAS CORPO-
RATION, ELECTRIC CORPORATION OR COMBINATION GAS AND ELECTRIC CORPORATION
SHALL PROVIDE ANY RELEVANT INFORMATION PERTAINING TO SUCH DIRECT BILL
CREDIT TO THE COMMISSION.
2. THE COMMISSION SHALL SUBMIT ANNUALLY TO THE GOVERNOR, THE STATE
COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY, A DETAILED REPORT INDICATING HOW LONG IT TAKES FROM THE
ASSESSMENT OF THE PENALTIES OR NEGATIVE REVENUE ADJUSTMENTS FOR THE GAS
CORPORATION, ELECTRIC CORPORATION OR COMBINATION GAS AND ELECTRIC CORPO-
RATION TO RETURN SUCH FUNDS TO RATE PAYERS, AS WELL AS HOW MUCH THE RATE
PAYER RELIEF IS BASED ON SERVICE CLASS.
§ 3. Subdivision 14 of section 2 of the public service law, as added
by section 1 of part X of chapter 57 of the laws of 2013, is amended to
read as follows:
14. The term "combination gas and electric corporation," when used in
sections twenty-five-a, TWENTY-FIVE-B, sixty-five and sixty-six of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14009-02-6
S. 8907 2
chapter, includes any gas corporation operating in New York under common
ownership with an electric corporation operating in New York or any
electric corporation operating in New York under common ownership with a
gas corporation operating in New York, or any successor of either such
corporation; provided, however, that such term shall not include munici-
pally-owned utilities, and shall not include any generating facilities
owned or operated by either such corporation or any common owner there-
of, or any subsidiary of such common owner.
§ 4. Title 1-A of article 5 of the public authorities law as added by
chapter 517 of the laws of 1986, is amended by adding a new section
1020-aaa to read as follows:
§ 1020-AAA. FAILURE TO ACHIEVE ANNUAL CUSTOMER SERVICE PERFORMANCE
TARGETS. 1. IF THE AUTHORITY FAILS TO ACHIEVE ANNUAL CUSTOMER SERVICE
PERFORMANCE TARGETS IN ANY PARTICULAR YEAR, WHICH ARE SUBJECT TO FINAN-
CIAL PENALTIES OR NEGATIVE REVENUE ADJUSTMENTS AS ESTABLISHED IN SUCH
AUTHORITY'S RATE PLAN, SUCH FUNDS SHALL BE RETURNED TO RATE PAYERS BY
MEANS OF DIRECT BILL CREDIT AS SOON AS PRACTICALLY FEASIBLE.
2. THE AUTHORITY SHALL SUBMIT ANNUALLY TO THE GOVERNOR, THE STATE
COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY AND THE COUNTY EXECUTIVES AND GOVERNING BODIES OF THE COUNTIES
OF SUFFOLK AND NASSAU, A DETAILED REPORT INDICATING HOW LONG IT TAKES
FROM THE ASSESSMENT OF THE PENALTIES OR NEGATIVE REVENUE ADJUSTMENTS
FOR THE AUTHORITY TO RETURN SUCH FUNDS TO RATE PAYERS, AS WELL AS HOW
MUCH THE RATE PAYER RELIEF IS BASED ON SERVICE CLASS.
§ 5. Section 89-c of the public service law is amended by adding a new
subdivision 18 to read as follows:
18. (A) IF ANY WATER-WORKS CORPORATION FAILS TO ACHIEVE ANNUAL CUSTOM-
ER SERVICE PERFORMANCE TARGETS IN ANY PARTICULAR YEAR, WHICH ARE SUBJECT
TO FINANCIAL PENALTIES OR NEGATIVE REVENUE ADJUSTMENTS AS ESTABLISHED IN
SUCH WATER-WORK'S RATE PLAN, SUCH FUNDS SHALL BE RETURNED TO RATE PAYERS
BY MEANS OF DIRECT BILL CREDIT AS SOON AS PRACTICALLY FEASIBLE. SUCH
WATER-WORKS CORPORATION SHALL PROVIDE ANY RELEVANT INFORMATION PERTAIN-
ING TO SUCH DIRECT BILL CREDIT TO THE COMMISSION.
(B) THE COMMISSION SHALL SUBMIT ANNUALLY TO THE GOVERNOR, THE STATE
COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY, A DETAILED REPORT INDICATING HOW LONG IT TAKES FROM THE
ASSESSMENT OF THE PENALTIES OR NEGATIVE REVENUE ADJUSTMENTS FOR THE
WATER-WORKS CORPORATION TO RETURN SUCH FUNDS TO RATE PAYERS, AS WELL AS
HOW MUCH THE RATE PAYER RELIEF IS BASED ON SERVICE CLASS.
§ 6. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
§ 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.