NY State Senate Bill 2025-S9966

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 20, 2026	referred to energy and telecommunications

2025-S9966 (ACTIVE) - Details

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

2025-S9966 (ACTIVE) - Summary

Requires both the department of public service staff and the utility to provide separate, substantive responses to discovery requests and cross-examination questions seeking evidence or explanations related to elements of the joint proposal and explain how any contested aspect of the joint proposal delivers outcomes for utility consumers that are in compliance with all applicable laws and are at least as favorable as would have resulted had its testimonial position been approved by the public service commission.

2025-S9966 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9966

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public service law, in relation to the standard
applicable to review of joint proposals in rate proceedings submitted to
the public service commission for approval

 
PURPOSE:

To strengthen transparency, accountability, and evidentiary standards in
Public Service Commission (PSC) rate proceedings by requiring clear,
independent justification of joint proposals and ensuring that all
adopted elements demonstrably serve the best interests of utility
consumers.

 
SUMMARY OF PROVISIONS:

This bill amends sections 66, 80, and 89-c of the public service law by
adding new subdivisions establishing enhanced requirements for the
review and approval of joint proposals in rate proceedings. The bill

requires that: Department of Public Service staff and utilities provide
separate, substantive responses to discovery requests and cross-examina-
tion questions related to joint proposals, notwithstanding existing
confidentiality rules governing settlement discussions; Such responses
must include evidence and rationale demonstrating that each aspect of a
joint proposal complies with applicable law and provides consumer bene-
fits equal to or greater than those proposed in the parties' original
testimony; Each party must explain how any contested provision of a
joint proposal achieves outcomes at least as favorable to consumers as
would have resulted from their respective litigated positions.

The bill further requires that: The Public Service Commission, when
approving or modifying a joint proposal, must determine that each indi-
vidual element adopted in a rate order is supported by clear and
convincing evidence in the record; Each element must represent the best
outcome for utility consumers and comply with all applicable laws,
notwithstanding prior procedural guidelines established in Case
90-M-0255.

The bill also defines key terms, including "settlement discussions" and
"joint proposal," and establishes an effective date of 120 days after
enactment, applying to proceedings initiated thereafter.

 
JUSTIFICATION:

Joint proposals are a common and important mechanism for resolving
complex rate proceedings before the Public Service Commission.  However,
the current process can limit transparency and constrain meaningful
scrutiny of how negotiated outcomes compare to litigated positions. In
some instances, confidentiality protections surrounding settlement
discussions may impede the development of a complete and reviewable
record.

This legislation addresses these concerns by requiring greater evidenti-
ary support and independent justification for joint proposals. By
mandating separate, substantive responses from Department staff and
utilities, the bill ensures that the Commission and interested parties
have access to the information necessary to evaluate whether proposed
agreements truly serve the public interest.

Additionally, the bill establishes a heightened "clear and convincing
evidence" standard for each element of a joint proposal adopted by the
Commission. This ensures that negotiated outcomes are not accepted as a
whole without rigorous, component-level review, and that each provision
delivers measurable and lawful benefits to consumers.

By reinforcing transparency and accountability, this legislation
promotes greater public confidence in the rate-setting process and helps
ensure that utility customers receive fair, reasonable, and well-justi-
fied outcomes.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law and shall apply to PSC proceedings initiated on or
after such date. Necessary rulemaking is authorized prior to the effec-
tive date.

2025-S9966 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9966
 
                             I N  S E N A T E
 
                              April 20, 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 the standard
   applicable to review of joint proposals in rate proceedings  submitted
   to the public service commission for approval

   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)  NOTWITHSTANDING  THE  DEPARTMENT'S  RULES  AND   REGULATIONS
 CONCERNING  CONFIDENTIALITY  OF  SETTLEMENT  DISCUSSIONS  IN  RATE  CASE
 PROCEEDINGS, BOTH DEPARTMENT STAFF AND THE UTILITY SHALL  PROVIDE  SEPA-
 RATE,  SUBSTANTIVE RESPONSES TO DISCOVERY REQUESTS AND CROSS-EXAMINATION
 QUESTIONS SEEKING EVIDENCE OR EXPLANATIONS RELATED TO  ELEMENTS  OF  THE
 JOINT  PROPOSAL.  THIS  REQUIREMENT INCLUDES INQUIRIES COMPARING WRITTEN
 TESTIMONIES OF DEPARTMENT STAFF AND THE UTILITY TO  THE  JOINT  PROPOSAL
 AND  REQUESTING EVIDENCE AND A RATIONALE THAT DEMONSTRATES THAT AN IDEN-
 TIFIED ASPECT OF THE JOINT PROPOSAL IS IN COMPLIANCE WITH ALL APPLICABLE
 LAWS AND OFFERS BENEFITS TO UTILITY CONSUMERS EQUAL TO OR  GREATER  THAN
 THOSE  PROVIDED  BY  ITS TESTIMONIAL POSITIONS. DEPARTMENT STAFF AND THE
 UTILITY SHALL, IN THEIR  RESPECTIVE  FILINGS  IN  REGARD  TO  THE  JOINT
 PROPOSAL,  EXPLAIN HOW ANY CONTESTED ASPECT OF THE JOINT PROPOSAL DELIV-
 ERS OUTCOMES FOR UTILITY CONSUMERS  THAT  ARE  IN  COMPLIANCE  WITH  ALL
 APPLICABLE LAWS AND ARE AT LEAST AS FAVORABLE AS WOULD HAVE RESULTED HAD
 ITS TESTIMONIAL POSITION BEEN APPROVED BY THE COMMISSION.
   (B)  NOTWITHSTANDING  THE  COMMISSION'S ORDER ON PROCEDURAL GUIDELINES
 FOR SETTLEMENTS ISSUED IN NINETEEN HUNDRED NINETY-TWO IN CASE 90-M-0255,
 THE COMMISSION SHALL ENSURE IN ITS ORDER APPROVING OR MODIFYING A  JOINT
 PROPOSAL  THAT  EACH INDIVIDUAL ELEMENT OF THE JOINT PROPOSAL ADOPTED IN
 ITS RATE PLAN ORDER IS BY CLEAR AND CONVINCING EVIDENCE IN  THE  RECORD,
 INCLUDING  PARTIES'  WRITTEN  AND  ORAL TESTIMONY AND EXHIBITS, THE BEST
 OUTCOME FOR UTILITY CONSUMERS AND IS IN COMPLIANCE WITH  ALL  APPLICABLE
 LAWS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15466-01-6
 S. 9966                             2

   (C)  AS  USED  IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (I)  "SETTLEMENT  DISCUSSIONS" 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 THE FILING
 OF A JOINT PROPOSAL FOR COMMISSION APPROVAL.
   (II) "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)  NOTWITHSTANDING  THE  DEPARTMENT'S  RULES  AND   REGULATIONS
 CONCERNING  CONFIDENTIALITY  OF  SETTLEMENT  DISCUSSIONS  IN  RATE  CASE
 PROCEEDINGS, BOTH DEPARTMENT STAFF AND THE UTILITY SHALL  PROVIDE  SEPA-
 RATE,  SUBSTANTIVE RESPONSES TO DISCOVERY REQUESTS AND CROSS-EXAMINATION
 QUESTIONS SEEKING EVIDENCE OR EXPLANATIONS RELATED TO  ELEMENTS  OF  THE
 JOINT  PROPOSAL.  THIS  REQUIREMENT INCLUDES INQUIRIES COMPARING WRITTEN
 TESTIMONIES OF DEPARTMENT STAFF AND THE UTILITY TO  THE  JOINT  PROPOSAL
 AND  REQUESTING EVIDENCE AND A RATIONALE THAT DEMONSTRATES THAT AN IDEN-
 TIFIED ASPECT OF THE JOINT PROPOSAL IS IN COMPLIANCE WITH ALL APPLICABLE
 LAWS AND OFFERS BENEFITS TO UTILITY CONSUMERS EQUAL TO OR  GREATER  THAN
 THOSE  PROVIDED  BY  ITS TESTIMONIAL POSITIONS. DEPARTMENT STAFF AND THE
 UTILITY SHALL, IN THEIR  RESPECTIVE  FILINGS  IN  REGARD  TO  THE  JOINT
 PROPOSAL,  EXPLAIN HOW ANY CONTESTED ASPECT OF THE JOINT PROPOSAL DELIV-
 ERS OUTCOMES FOR UTILITY CONSUMERS  THAT  ARE  IN  COMPLIANCE  WITH  ALL
 APPLICABLE LAWS AND ARE AT LEAST AS FAVORABLE AS WOULD HAVE RESULTED HAD
 ITS TESTIMONIAL POSITION BEEN APPROVED BY THE COMMISSION.
   (B)  NOTWITHSTANDING  THE  COMMISSION'S ORDER ON PROCEDURAL GUIDELINES
 FOR SETTLEMENTS ISSUED IN NINETEEN HUNDRED NINETY-TWO IN CASE 90-M-0255,
 THE COMMISSION SHALL ENSURE IN ITS ORDER APPROVING OR MODIFYING A  JOINT
 PROPOSAL  THAT  EACH INDIVIDUAL ELEMENT OF THE JOINT PROPOSAL ADOPTED IN
 ITS RATE PLAN ORDER IS BY CLEAR AND CONVINCING EVIDENCE IN  THE  RECORD,
 INCLUDING  PARTIES'  WRITTEN  AND  ORAL TESTIMONY AND EXHIBITS, THE BEST
 OUTCOME FOR UTILITY CONSUMERS AND IS IN COMPLIANCE WITH  ALL  APPLICABLE
 LAWS.
   (C)  AS  USED  IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (I) "SETTLEMENT DISCUSSIONS" 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 THE  FILING
 OF A JOINT PROPOSAL FOR COMMISSION APPROVAL.
   (II)  "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)  NOTWITHSTANDING  THE  DEPARTMENT'S  RULES  AND   REGULATIONS
 CONCERNING  CONFIDENTIALITY  OF  SETTLEMENT  DISCUSSIONS  IN  RATE  CASE
 PROCEEDINGS, BOTH DEPARTMENT STAFF AND THE UTILITY SHALL  PROVIDE  SEPA-
 RATE,  SUBSTANTIVE RESPONSES TO DISCOVERY REQUESTS AND CROSS-EXAMINATION
 QUESTIONS SEEKING EVIDENCE OR EXPLANATIONS RELATED TO  ELEMENTS  OF  THE
 JOINT  PROPOSAL.  THIS  REQUIREMENT INCLUDES INQUIRIES COMPARING WRITTEN
 TESTIMONIES OF DEPARTMENT STAFF AND THE UTILITY TO  THE  JOINT  PROPOSAL
 AND  REQUESTING EVIDENCE AND A RATIONALE THAT DEMONSTRATES THAT AN IDEN-
 TIFIED ASPECT OF THE JOINT PROPOSAL IS IN COMPLIANCE WITH ALL APPLICABLE
 LAWS AND OFFERS BENEFITS TO UTILITY CONSUMERS EQUAL TO OR  GREATER  THAN
 THOSE  PROVIDED  BY  ITS TESTIMONIAL POSITIONS. DEPARTMENT STAFF AND THE
 UTILITY SHALL, IN THEIR  RESPECTIVE  FILINGS  IN  REGARD  TO  THE  JOINT
 S. 9966                             3
 
 PROPOSAL,  EXPLAIN HOW ANY CONTESTED ASPECT OF THE JOINT PROPOSAL DELIV-
 ERS OUTCOMES FOR UTILITY CONSUMERS  THAT  ARE  IN  COMPLIANCE  WITH  ALL
 APPLICABLE LAWS AND ARE AT LEAST AS FAVORABLE AS WOULD HAVE RESULTED HAD
 ITS TESTIMONIAL POSITION BEEN APPROVED BY THE COMMISSION.
   (B)  NOTWITHSTANDING  THE  COMMISSION'S ORDER ON PROCEDURAL GUIDELINES
 FOR SETTLEMENTS ISSUED IN NINETEEN HUNDRED NINETY-TWO IN CASE 90-M-0255,
 THE COMMISSION SHALL ENSURE IN ITS ORDER APPROVING OR MODIFYING A  JOINT
 PROPOSAL  THAT  EACH INDIVIDUAL ELEMENT OF THE JOINT PROPOSAL ADOPTED IN
 ITS RATE PLAN ORDER IS BY CLEAR AND CONVINCING EVIDENCE IN  THE  RECORD,
 INCLUDING  PARTIES'  WRITTEN  AND  ORAL TESTIMONY AND EXHIBITS, THE BEST
 OUTCOME FOR UTILITY CONSUMERS AND IS IN COMPLIANCE WITH  ALL  APPLICABLE
 LAWS.
   (C)  AS  USED  IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (I) "SETTLEMENT DISCUSSIONS" 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 THE  FILING
 OF A JOINT PROPOSAL FOR COMMISSION APPROVAL.
   (II)  "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 S9966

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S9966 (ACTIVE) - Details

2025-S9966 (ACTIVE) - Summary

2025-S9966 (ACTIVE) - Sponsor Memo

2025-S9966 (ACTIVE) - Bill Text download pdf

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Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S9966 (ACTIVE) - Details

2025-S9966 (ACTIVE) - Summary

2025-S9966 (ACTIVE) - Sponsor Memo

2025-S9966 (ACTIVE) - Bill Text download pdf

Comments