Senate Bill S8915

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8915
 
                             I N  S E N A T E
 
                             January 15, 2026
                                ___________
 
 Introduced  by  Sen.  MAY  --  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, in relation to stabilizing elec-
   tric  costs  for New York consumers, restricting unreasonable rate and
   fee increases, and establishing additional  auditing  and  enforcement
   authorities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature finds that
 residents, small businesses, and local governments across New York  face
 disproportionate  increases in electricity rates, transmission fees, and
 miscellaneous  surcharges.  These  increases  burden  working  families,
 hinder  economic development, and threaten the ability of seniors to age
 in place.
   The legislature further finds that opaque fee  structures  and  inade-
 quate regulatory scrutiny contribute to unjustified costs.
   It is the intent of this act to:
   1. Cap and stabilize electric rate increases;
   2. Restrict hidden and excessive add-on fees;
   3. Create real-time oversight through independent audits; and
   4. Ensure accountability from utilities operating in the region.
   § 2. 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 SHALL NOT APPROVE ANY RATE INCREASE WHICH WOULD
 INCREASE  RESIDENTIAL  OR  SMALL BUSINESS ELECTRICITY RATES BY MORE THAN
 TWO AND ONE-HALF PERCENT AS MEASURED ON AN ANNUAL BASIS UNLESS THE  RATE
 INCREASE  IS  NECESSARY TO MAINTAIN RELIABILITY OF ELECTRICITY AND PROOF
 HAS BEEN PROVIDED TO THE COMMISSION THAT  ALL  POTENTIAL  INTERNAL  COST
 SAVINGS MEASURES HAVE BEEN EXHAUSTED.
   (II)  IN  THE EVENT THAT A RATE INCREASE OF MORE THAN TWO AND ONE-HALF
 PERCENT IS PROPOSED TO THE COMMISSION, THE COMMISSION  SHALL  PAUSE  ANY
 ACTIONS  RELATING  TO  APPROVING SUCH RATE INCREASE FOR NO LESS THAN ONE
 HUNDRED EIGHTY DAYS. DURING SUCH  ONE  HUNDRED  EIGHTY  DAY  PAUSE,  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14177-01-5
 S. 8915                             2
 
 COMMISSION  AND  THE UTILITY ACCOUNTABILITY AND AUDIT UNIT SHALL CONDUCT
 AN ENHANCED REVIEW  OF  THE  ELECTRIC  UTILITY  AND  THE  PROPOSED  RATE
 INCREASE.
   (III)  THIS  PARAGRAPH  SHALL  ALSO APPLY TO ALL TRANSMISSION CHARGES,
 DELIVERY FEES, AND ADD-ON SURCHARGES WHICH SHALL BE INDIVIDUALLY  JUSTI-
 FIED  AND  SUBJECT  TO THE SAME REQUIREMENTS UNDER THIS PARAGRAPH UNLESS
 TIED TO FEDERALLY MANDATED RELIABILITY REQUIREMENTS.
   § 3. Section 44 of the public service law is amended by adding  a  new
 subdivision 8 to read as follows:
   8. (A) EVERY ELECTRIC UTILITY CORPORATION, ENERGY SERVICES COMPANY AND
 MUNICIPALITY  SHALL  PROVIDE ON EACH CUSTOMER'S MONTHLY BILL AN ITEMIZED
 BREAKDOWN THAT INCLUDES, AT A MINIMUM:
   (I) THE PORTION OF THE  BILL  ATTRIBUTABLE  TO  INFRASTRUCTURE  COSTS,
 INCLUDING TRANSMISSION, DISTRIBUTION, AND MAINTENANCE;
   (II)   THE   PORTION   OF  THE  BILL  ATTRIBUTABLE  TO  CONTRIBUTIONS,
 SURCHARGES, OR ASSESSMENTS DIRECTED TO THE NEW YORK POWER AUTHORITY; AND
   (III) THE PORTION OF  THE  BILL  ATTRIBUTABLE  TO  OTHER  INVESTMENTS,
 SURCHARGES,  OR  FEES AS DETERMINED BY THE COMMISSION, INCLUDING BUT NOT
 LIMITED TO RENEWABLE ENERGY PROGRAMS, ENERGY EFFICIENCY INITIATIVES, AND
 PUBLIC POLICY CHARGES.
   (B) THE COMMISSION SHALL PROMULGATE REGULATIONS  ESTABLISHING  UNIFORM
 STANDARDS FOR THE FORMAT AND PRESENTATION OF SUCH ITEMIZED BREAKDOWNS TO
 ENSURE CLARITY AND CONSISTENCY ACROSS UTILITIES.
   (C) UTILITIES MAY INCLUDE ADDITIONAL EXPLANATORY NOTES OR RESOURCES TO
 ASSIST CUSTOMERS IN UNDERSTANDING EACH CATEGORY OF CHARGES.
   (D)  THE  COMMISSION SHALL CONDUCT A BIENNIAL REVIEW OF ALL NON-SUPPLY
 ITEMS TO ENSURE SUCH ITEMS:
   (I) DIRECTLY RELATE TO SERVICE OR INFRASTRUCTURE DELIVERED TO  CUSTOM-
 ERS IN THE REGION;
   (II) ARE NOT DUPLICATIVE; AND
   (III) HAVE NOT EXCEEDED THE ACTUAL COST OF SERVICE.
   § 4. The public service law is amended by adding a new section 66-x to
 read as follows:
   §  66-X. UTILITY ACCOUNTABILITY AND AUDIT UNIT. 1. FOR THE PURPOSES OF
 THIS SECTION, THE TERM "UNIT" SHALL MEAN THE UTILITY ACCOUNTABILITY  AND
 AUDIT UNIT ESTABLISHED UNDER THIS SECTION.
   2.  THERE  IS  HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF LAW AND THE
 DEPARTMENT OF AUDIT AND CONTROL THE  UTILITY  ACCOUNTABILITY  AND  AUDIT
 UNIT. THE UNIT SHALL:
   (A)  CONDUCT  INDEPENDENT  AUDITS  OF  UTILITIES'  FINANCIALS, CAPITAL
 PLANS, TRANSMISSION DEPRECIATION SCHEDULES, AND JUSTIFICATION OF  RATES,
 SURCHARGES, FEES, AND OTHER CHARGES;
   (B) INVESTIGATE CONSUMER COMPLAINTS INVOLVING FEES OR RATE INCREASES;
   (C)  REVIEW EXECUTIVE COMPENSATION AND PROFIT MARGINS TIED TO RATEPAY-
 ER-FUNDED ACTIVITIES;
   (D) BE ABLE TO ISSUE SUBPOENAS AND COMPEL TESTIMONY;
   (E) PROVIDE PUBLIC QUARTERLY SUMMARIES TO THE COMMISSION, THE LEGISLA-
 TURE, AND THE GOVERNOR; AND
   (F) BE ABLE TO IMPOSE PENALTIES AGAINST UTILITIES IN  ACCORDANCE  WITH
 THIS SECTION.
   3.  WHERE THE UNIT HAS FOUND A UTILITY TO HAVE OVERCHARGED RATEPAYERS,
 MISREPRESENTED FINANCIAL NEED, OR IMPOSED UNAPPROVED FEES, THE UNIT  MAY
 BRING A CIVIL ACTION AGAINST SUCH UTILITY FOR:
   (A) CIVIL PENALTIES UP TO THREE TIMES THE AMOUNT IMPROPERLY COLLECTED;
 AND
   (B) MANDATORY REFUND OR RATE CREDIT TO CUSTOMERS.
 S. 8915                             3
 
   4.  WHERE  THE UNIT HAS FOUND EVIDENCE OF POTENTIAL CRIMINAL ACTIVITY,
 THE UNIT SHALL REFER SUCH EVIDENCE WHERE APPROPRIATE.
   § 5. The public service law is amended by adding a new section 66-y to
 read as follows:
   §  66-Y.  COMMUNITY  AFFORDABILITY  PROTECTION  PROGRAM.  1.  FOR  THE
 PURPOSES OF THIS SECTION, THE TERM "PROGRAM" SHALL  MEAN  THE  COMMUNITY
 AFFORDABILITY PROTECTION PROGRAM ESTABLISHED UNDER THIS SECTION.
   2. THE COMMISSION SHALL ESTABLISH A COMMUNITY AFFORDABILITY PROTECTION
 PROGRAM.  THE  PROGRAM SHALL PROVIDE A DISCOUNT ON ELECTRICITY BILLS FOR
 THOSE AT OR BELOW EIGHTY PERCENT OF THE COUNTY-LEVEL MEDIAN INCOME. SUCH
 PROGRAM SHALL REDUCE THE ELECTRICITY  BILL  OF  ELIGIBLE  HOUSEHOLDS  BY
 APPLYING  A  CREDIT  TO  SUCH ELECTRICITY BILLS IN AN AMOUNT EQUAL TO AT
 LEAST TWENTY-FIVE DOLLARS AND AN AMOUNT EQUAL  TO  HALF  OF  ANY  TRANS-
 MISSION FEES CHARGED BY THE UTILITY.
   3.  THE  COMMISSION  SHALL WORK DIRECTLY WITH UTILITIES TO ENSURE THAT
 CREDITS ARE APPLIED ACCURATELY TO ELECTRICITY BILLS AND THAT  THE  MONEY
 FOR  SUCH CREDITS IS PAID TO THE UTILITIES BY THE COMMISSION IN A TIMELY
 MANNER.
   4. THE PROGRAM SHALL BE FUNDED BY CIVIL  PENALTIES  COLLECTED  BY  THE
 UTILITY  ACCOUNTABILITY  AND AUDIT UNIT ESTABLISHED UNDER SECTION SIXTY-
 SIX-X OF THIS ARTICLE, SAVINGS GENERATED FROM UTILITY OVERCHARGE  RECOV-
 ERIES, AND APPROPRIATIONS.
   §  6.  Section 65 of the public service law is amended by adding a new
 subdivision 17 to read as follows:
   17. NO ELECTRIC CORPORATION FURNISHING UTILITY SERVICES SHALL  RECOVER
 THE  COST  OF  EXECUTIVE BONUSES, INCENTIVE COMPENSATION, OR SHAREHOLDER
 DIVIDENDS THROUGH RATEPAYER CHARGES. SUCH COSTS SHALL NOT BE INCLUDED IN
 RATE CASES OR TRANSMISSION FEE CALCULATIONS.
   § 7. This act shall take effect on the one hundred eightieth 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.