Senate Bill S9933

2025-2026 Legislative Session

Relates to settlement negotiations in major electric, natural gas, water, and steam rate increase proceedings before the public service commission

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Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 16, 2026	referred to energy and telecommunications

2025-S9933 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§66, 80 & 89-c, Pub Serv L

2025-S9933 (ACTIVE) - Summary

Requires the department of public service to assign an administrative law judge to preside over all rate case settlement negotiations.

2025-S9933 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9933

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to requiring an
administrative law judge to oversee the settlement negotiation process
in major electric, natural gas, water, and steam rate increase
proceedings before the public service commission

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure a fair, transparent, and consistent settlement negotiation
process in utility rate cases by requiring the assignment of a trained
administrative law judge to oversee and facilitate negotiations before
the Public Service Commission.

 
SUMMARY OF PROVISIONS:

This bill amends sections 66, 80, and 89-c of the public service law to
require that, in any rate proceeding where settlement negotiations are
initiated, the Department of Public Service shall assign one or more

administrative law judges trained in mediation and facilitation to over-
see the settlement process.

The assigned judge or judges will be responsible for organizing and
managing negotiations, facilitating communication among parties, and
ensuring a structured and predictable process. The bill also requires
the Department to establish and publish standardized procedures govern-
ing settlement negotiations. Additionally, judges may serve as mediators
on specific issues upon request, unless objected to by another party.

The bill defines key terms, including "settlement administrative law
judge," "settlement process," and "joint proposal," and applies to
proceedings initiated after the effective date.

 
JUSTIFICATION:

Settlement negotiations play a central role in determining the outcome
of utility rate cases, which directly impact millions of New Yorkers
through their electric, gas, water, and steam bills. However, the
current process can vary significantly depending on the presiding
personnel and lacks uniform structure, which may create inefficiencies,
inconsistencies, and barriers to meaningful participation by stakehold-
ers.

By requiring trained administrative law judges to oversee settlement
negotiations, this bill promotes a more organized, transparent, and
equitable process. A neutral facilitator can help reduce procedural
disputes, improve communication among parties, and ensure that all
stakeholders, including consumer advocates, municipalities, and ratepay-
ers, have a fair opportunity to participate.

Standardizing the process across proceedings will enhance predictabili-
ty, build trust in regulatory outcomes, and ultimately support more
balanced and durable agreements. This reform aligns with best practices
in dispute resolution and strengthens oversight of proceedings that have
significant economic consequences for residents and businesses across
New York.
 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law and shall apply to proceedings initiated on or
after such date. The Department is authorized to promulgate any neces-
sary rules and regulations prior to the effective date.

2025-S9933 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9933
 
                             I N  S E N A T E
 
                              April 16, 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, in relation to requiring an
   administrative law judge to oversee the settlement negotiation process
   in major  electric,  natural  gas,  water,  and  steam  rate  increase
   proceedings before the public service commission
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 66 of the public service law is amended by adding a
 new subdivision 33 to read as follows:
   33. (A) IN ANY RATE PROCEEDING, UPON THE UTILITY FILING OF A NOTICE OF
 IMPENDING NEGOTIATIONS PURSUANT TO  THE  DEPARTMENT'S  RULES  AND  REGU-
 LATIONS,  THE  DEPARTMENT  SHALL  ASSIGN  AN ADMINISTRATIVE LAW JUDGE OR
 JUDGES WHO HAVE RECEIVED TRAINING IN MEDIATION AND FACILITATION FROM  AN
 ORGANIZATION  CERTIFIED  TO  PROVIDE  SUCH  TRAINING TO PRESIDE OVER THE
 SETTLEMENT PROCESS.  THE SETTLEMENT ADMINISTRATIVE LAW JUDGE  OR  JUDGES
 SHALL PRESIDE OVER ALL RATE CASE SETTLEMENT NEGOTIATIONS FOR THE PURPOSE
 OF  ENSURING  AN  ORDERLY,  CONSISTENT,  FAIR,  AND EFFICIENT PROCESS BY
 ESTABLISHING STRUCTURE FOR THE  NEGOTIATIONS,  REDUCING  IMPEDIMENTS  TO
 PARTICIPATION,  AND ENCOURAGING OPEN COMMUNICATION.  AMONG THE TASKS THE
 JUDGE OR JUDGES SHALL PERFORM ARE COORDINATING SCHEDULING AND FACILITAT-
 ING MEETINGS.  THE JUDGE OR JUDGES SHALL OVERSEE THE SETTLEMENT  PROCESS
 IN  A  CONSISTENT  AND  PREDICTABLE MANNER SO THAT THE PROCESS ITSELF IS
 SIMILAR FOR EACH RATE PROCEEDING AND NOT  DEPENDENT  ON  THE  INDIVIDUAL
 JUDGE  OR  JUDGES  ASSIGNED.   TO ENSURE CONSISTENCY IN THE PROCESS, THE
 DEPARTMENT SHALL CREATE AND SHARE PUBLIC STANDARDS  EXPLAINING  HOW  THE
 SETTLEMENT  PROCESS SHALL BE ORGANIZED AND ADMINISTERED.  AT THE REQUEST
 OF ANY PARTY, THE JUDGE OR JUDGES MAY FUNCTION AS A MEDIATOR  IN  REGARD
 TO ANY PARTICULAR TOPIC UNLESS ANOTHER PARTY THAT IS CONCERNED ABOUT THE
 SAME TOPIC OBJECTS.
   (B)  AS  USED  IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15469-01-6

 S. 9933                             2
 
   (I) "SETTLEMENT ADMINISTRATIVE LAW JUDGE" OR  "JUDGE"  SHALL  MEAN  AN
 ADMINISTRATIVE  LAW  JUDGE ASSIGNED BY THE DEPARTMENT TO OVERSEE SETTLE-
 MENT NEGOTIATIONS INSTITUTED BY THE UTILITY FILING OF IMPENDING  NEGOTI-
 ATIONS PURSUANT TO THE DEPARTMENT'S RULES AND REGULATIONS.
   (II)  "SETTLEMENT  PROCESS" SHALL MEAN A SET OF FORMAL NEGOTIATIONS OF
 THE PARTIES ORGANIZED BY THE DEPARTMENT THAT IS INTENDED TO RESOLVE  ALL
 OR  SOME  OF  THE  ISSUES  IN  ANY  RATE  PROCEEDING AND LEAD TO A JOINT
 PROPOSAL.
   (III) "JOINT PROPOSAL" SHALL MEAN A  NEGOTIATED  SETTLEMENT  AGREEMENT
 SIGNED BY TWO OR MORE PARTIES IN A RATE PROCEEDING.
   §  2.  Section 80 of the public service law is amended by adding a new
 subdivision 13 to read as follows:
   13. (A) IN ANY RATE PROCEEDING, UPON THE UTILITY FILING OF A NOTICE OF
 IMPENDING NEGOTIATIONS PURSUANT TO  THE  DEPARTMENT'S  RULES  AND  REGU-
 LATIONS,  THE  DEPARTMENT  SHALL  ASSIGN  AN ADMINISTRATIVE LAW JUDGE OR
 JUDGES WHO HAVE RECEIVED TRAINING IN MEDIATION AND FACILITATION FROM  AN
 ORGANIZATION  CERTIFIED  TO  PROVIDE  SUCH  TRAINING TO PRESIDE OVER THE
 SETTLEMENT PROCESS.  THE SETTLEMENT ADMINISTRATIVE LAW JUDGE  OR  JUDGES
 SHALL PRESIDE OVER ALL RATE CASE SETTLEMENT NEGOTIATIONS FOR THE PURPOSE
 OF  ENSURING  AN  ORDERLY,  CONSISTENT,  FAIR,  AND EFFICIENT PROCESS BY
 ESTABLISHING STRUCTURE FOR THE  NEGOTIATIONS,  REDUCING  IMPEDIMENTS  TO
 PARTICIPATION,  AND ENCOURAGING OPEN COMMUNICATION.  AMONG THE TASKS THE
 JUDGE OR JUDGES SHALL PERFORM ARE COORDINATING SCHEDULING AND FACILITAT-
 ING MEETINGS.  THE JUDGE OR JUDGES SHALL OVERSEE THE SETTLEMENT  PROCESS
 IN  A  CONSISTENT  AND  PREDICTABLE MANNER SO THAT THE PROCESS ITSELF IS
 SIMILAR FOR EACH RATE PROCEEDING AND NOT  DEPENDENT  ON  THE  INDIVIDUAL
 JUDGE  OR  JUDGES  ASSIGNED.   TO ENSURE CONSISTENCY IN THE PROCESS, THE
 DEPARTMENT SHALL CREATE AND SHARE PUBLIC STANDARDS  EXPLAINING  HOW  THE
 SETTLEMENT  PROCESS SHALL BE ORGANIZED AND ADMINISTERED.  AT THE REQUEST
 OF ANY PARTY, THE JUDGE OR JUDGES MAY FUNCTION AS A MEDIATOR  IN  REGARD
 TO ANY PARTICULAR TOPIC UNLESS ANOTHER PARTY THAT IS CONCERNED ABOUT THE
 SAME TOPIC OBJECTS.
   (B)  AS  USED  IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (I) "SETTLEMENT ADMINISTRATIVE LAW JUDGE" SHALL MEAN AN ADMINISTRATIVE
 LAW JUDGE ASSIGNED BY THE DEPARTMENT TO OVERSEE SETTLEMENT  NEGOTIATIONS
 INSTITUTED  BY  THE UTILITY FILING OF IMPENDING NEGOTIATIONS PURSUANT TO
 SECTION 3.9 OF THE DEPARTMENT'S RULES AND REGULATIONS.
   (II) "SETTLEMENT PROCESS" SHALL MEAN A SET OF FORMAL  NEGOTIATIONS  OF
 THE  PARTIES ORGANIZED BY THE DEPARTMENT THAT IS INTENDED TO RESOLVE ALL
 OR SOME OF THE ISSUES IN  ANY  RATE  PROCEEDING  AND  LEAD  TO  A  JOINT
 PROPOSAL.
   (III)  "JOINT  PROPOSAL"  SHALL MEAN A NEGOTIATED SETTLEMENT AGREEMENT
 SIGNED BY TWO OR MORE PARTIES IN A RATE PROCEEDING.
   § 3. Section 89-c of the public service law is amended by adding a new
 subdivision 18 to read as follows:
   18. (A) IN ANY RATE PROCEEDING, UPON THE UTILITY FILING OF A NOTICE OF
 IMPENDING NEGOTIATIONS PURSUANT TO  THE  DEPARTMENT'S  RULES  AND  REGU-
 LATIONS,  THE  DEPARTMENT  SHALL  ASSIGN  AN ADMINISTRATIVE LAW JUDGE OR
 JUDGES WHO HAVE RECEIVED TRAINING IN MEDIATION AND FACILITATION FROM  AN
 ORGANIZATION  CERTIFIED  TO  PROVIDE  SUCH  TRAINING TO PRESIDE OVER THE
 SETTLEMENT PROCESS.  THE SETTLEMENT ADMINISTRATIVE LAW JUDGE  OR  JUDGES
 SHALL PRESIDE OVER ALL RATE CASE SETTLEMENT NEGOTIATIONS FOR THE PURPOSE
 OF  ENSURING  AN  ORDERLY,  CONSISTENT,  FAIR,  AND EFFICIENT PROCESS BY
 ESTABLISHING STRUCTURE FOR THE  NEGOTIATIONS,  REDUCING  IMPEDIMENTS  TO
 PARTICIPATION,  AND ENCOURAGING OPEN COMMUNICATION.  AMONG THE TASKS THE
 S. 9933                             3
 
 JUDGE OR JUDGES SHALL PERFORM ARE COORDINATING SCHEDULING AND FACILITAT-
 ING MEETINGS.  THE JUDGE OR JUDGES SHALL OVERSEE THE SETTLEMENT  PROCESS
 IN  A  CONSISTENT  AND  PREDICTABLE MANNER SO THAT THE PROCESS ITSELF IS
 SIMILAR  FOR  EACH  RATE  PROCEEDING AND NOT DEPENDENT ON THE INDIVIDUAL
 JUDGE OR JUDGES ASSIGNED.   TO ENSURE CONSISTENCY IN  THE  PROCESS,  THE
 DEPARTMENT  SHALL  CREATE  AND SHARE PUBLIC STANDARDS EXPLAINING HOW THE
 SETTLEMENT PROCESS SHALL BE ORGANIZED AND ADMINISTERED.  AT THE  REQUEST
 OF  ANY  PARTY, THE JUDGE OR JUDGES MAY FUNCTION AS A MEDIATOR IN REGARD
 TO ANY PARTICULAR TOPIC UNLESS ANOTHER PARTY THAT IS CONCERNED ABOUT THE
 SAME TOPIC OBJECTS.
   (B) AS USED IN THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (I) "SETTLEMENT ADMINISTRATIVE LAW JUDGE" SHALL MEAN AN ADMINISTRATIVE
 LAW  JUDGE ASSIGNED BY THE DEPARTMENT TO OVERSEE SETTLEMENT NEGOTIATIONS
 INSTITUTED BY THE UTILITY FILING OF IMPENDING NEGOTIATIONS  PURSUANT  TO
 SECTION 3.9 OF THE DEPARTMENT'S RULES AND REGULATIONS.
   (II)  "SETTLEMENT  PROCESS" SHALL MEAN A SET OF FORMAL NEGOTIATIONS OF
 THE PARTIES ORGANIZED BY THE DEPARTMENT THAT IS INTENDED TO RESOLVE  ALL
 OR  SOME  OF  THE  ISSUES  IN  ANY  RATE  PROCEEDING AND LEAD TO A JOINT
 PROPOSAL.
   (III) "JOINT PROPOSAL" SHALL MEAN A  NEGOTIATED  SETTLEMENT  AGREEMENT
 SIGNED BY TWO OR MORE PARTIES IN A RATE PROCEEDING.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, and shall apply to public service commission
 proceedings  initiated on or after such date. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.

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Senate Bill S9933

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S9933 (ACTIVE) - Details

2025-S9933 (ACTIVE) - Summary

2025-S9933 (ACTIVE) - Sponsor Memo

2025-S9933 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S9933 (ACTIVE) - Details

2025-S9933 (ACTIVE) - Summary

2025-S9933 (ACTIVE) - Sponsor Memo

2025-S9933 (ACTIVE) - Bill Text download pdf

Comments