S T A T E O F N E W Y O R K
________________________________________________________________________
9608--B
I N S E N A T E
March 30, 2026
___________
Introduced by Sens. MAY, HARCKHAM, KAVANAGH -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public service law, in relation to directing utility
corporations to petition the public service commission for approval of
electric grid utilization metrics
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
4-c to read as follows:
§ 4-C. UTILITY CORPORATION UTILIZATION METRICS. 1. (A) NO LATER THAN
ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH
ELECTRIC OR COMBINATION ELECTRIC AND GAS UTILITY CORPORATION SHALL PETI-
TION THE COMMISSION FOR APPROVAL OF ELECTRIC GRID UTILIZATION METRICS.
SUCH PETITION SHALL INCLUDE AN OVERVIEW OF ELECTRIC GRID UTILIZATION
METRICS, INCLUDING INDUSTRY STANDARD METRICS. EACH UTILITY CORPORATION
SHALL INCLUDE IN SUCH PETITION AN ASSESSMENT OF CURRENT ELECTRIC
DISTRIBUTION AND TRANSMISSION SYSTEM PERFORMANCE AS COMPARED WITH OPTI-
MAL UTILIZATION OF EXISTING ELECTRIC GRID ASSETS, INCLUDING ANY INFORMA-
TION NECESSARY FOR THE COMMISSION TO EVALUATE THE EFFICIENCY AND
PERFORMANCE OF ELECTRIC DISTRIBUTION AND TRANSMISSION SYSTEM INFRASTRUC-
TURE OWNED AND OPERATED BY EACH SUCH ELECTRIC AND COMBINATION ELECTRIC
AND GAS UTILITY CORPORATION.
(B) ANY ELECTRIC GRID UTILIZATION METRICS PROPOSED BY A UTILITY CORPO-
RATION UNDER PARAGRAPH (A) OF THIS SUBDIVISION SHALL INCLUDE: (I) THE
RATIO OF DISTRIBUTION SYSTEM PEAK LOAD TO TOTAL DISTRIBUTION ELECTRIC
GRID CAPACITY; (II) THE RATIO OF CURRENT ELECTRIC LOAD DELIVERED TO
TOTAL POTENTIAL DELIVERABLE ELECTRIC LOAD OVER THE DISTRIBUTION SYSTEM;
(III) THE PERCENTAGE OF KILOWATT-HOURS OF ELECTRICITY LOST DURING THE
DISTRIBUTION PROCESS OR BY THE DISTRIBUTION SYSTEM; (IV) AN ANALYSIS OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15374-04-6
S. 9608--B 2
CONSTRAINED CIRCUITS ON THE DISTRIBUTION SYSTEM; AND (V) AN EVALUATION
OF THE PERFORMANCE OF THE DISTRIBUTION SYSTEM AT SYSTEM PEAKS.
(C) (I) IN EVALUATING PETITIONS MADE UNDER THIS SUBDIVISION, THE
COMMISSION SHALL DETERMINE WHICH ELECTRIC GRID UTILIZATION METRICS SHALL
BE APPROVED, HOW SUCH METRICS MAY BE REASONABLY APPLIED AT THE FEEDER
AND SUBSTATION LEVEL, AND HOW SUCH METRICS MAY BE REPORTED IN FUTURE
INTEGRATED RESOURCE PLAN FILINGS, AND SHALL INCLUDE, AS DEEMED APPROPRI-
ATE BY THE COMMISSION, A REQUIREMENT TO SUBMIT SEASONAL ASSESSMENTS OF
ELECTRIC GRID UTILIZATION AND IMPLEMENTATION OF SUCH ELECTRIC GRID
UTILIZATION METRICS.
(II) IN APPROVING ANY ELECTRIC GRID UTILIZATION METRICS UNDER THIS
PARAGRAPH, THE COMMISSION SHALL INCLUDE, AS APPROPRIATE: (1) A TIMELINE
FOR EACH UTILITY CORPORATION TO INCREASE ELECTRIC GRID UTILIZATION IN
ACCORDANCE WITH THE APPROVED METRICS; AND (2) A DESCRIPTION OF THE WAYS
IN WHICH SUCH METRICS MAY INFORM THE COMMISSION'S CONSIDERATION OF
FUTURE UTILITY REQUESTS FOR APPROVAL OF COST RECOVERY FOR CAPITAL
INVESTMENTS.
(III) IN SUBSEQUENT INTEGRATED RESOURCE PLAN FILINGS, EACH ELECTRIC OR
COMBINATION ELECTRIC AND GAS UTILITY CORPORATION SHALL INCLUDE AN
ASSESSMENT OF CURRENT SYSTEM PERFORMANCE RELATIVE TO EACH PROPOSED
METRIC AND MAY PROPOSE NEW OR MODIFIED ELECTRIC GRID UTILIZATION METRICS
FOR COMMISSION APPROVAL.
2. (A) THE COMMISSION SHALL PRODUCE AN ANNUAL REPORT TO THE LEGISLA-
TURE AND THE GOVERNOR ON EACH UTILITY CORPORATION'S ASSESSMENT OF RELE-
VANT GRID UTILIZATION METRICS AND PERFORMANCE AGAINST SUCH METRICS RELA-
TIVE TO THE REQUIREMENTS OF THIS SECTION, INCLUDING THE TIMELINE
ESTABLISHED BY THE COMMISSION FOR EACH SUCH UTILITY CORPORATION.
(B) IN THE REPORT SUBMITTED UNDER PARAGRAPH (A) OF THIS SUBDIVISION,
THE COMMISSION SHALL ALSO ANALYZE THE POTENTIAL FOR EACH UTILITY CORPO-
RATION TO INCREASE ELECTRIC GRID UTILIZATION THROUGH THE DEPLOYMENT OF
NON-WIRES ALTERNATIVES, INCLUDING: (I) VIRTUAL POWER PLANTS; (II) FLEXI-
BLE TRANSMISSION AND TRANSMISSION STATIC SYNCHRONOUS COMPENSATORS; (III)
SYNCHRONOUS CONDENSERS; AND (IV) POWER QUALITY MONITORING EQUIPMENT
INSTALLED AT THE POINT OF INTERCONNECTION FOR ALL CUSTOMERS WITH A MEAS-
URED OR CONTRACTED DEMAND OF TWENTY-FIVE MEGAWATTS OR GREATER.
(C) IN CONDUCTING AN ANALYSIS UNDER PARAGRAPH (B) OF THIS SUBDIVISION,
THE COMMISSION MAY REQUEST ANY INFORMATION NECESSARY FROM EACH UTILITY
CORPORATION TO PROPERLY EVALUATE SUCH UTILITY CORPORATION'S DEPLOYMENT
OF NON-WIRES ALTERNATIVES OR OTHER METHODS TO IMPROVE ELECTRIC GRID
UTILIZATION.
(D) THIS SECTION SHALL NOT APPLY TO MUNICIPALLY-OWNED ELECTRIC UTILI-
TIES.
§ 2. This act shall take effect immediately.