New York S 8764: Relates to consideration of capital expenditures in rate proceedings

Bill Text

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 Speaker Carl E. Heastie

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S08764 Summary:

BILL NOS08764 

&nbsp

SAME ASSAME AS A09441

&nbsp

SPONSORHINCHEY

&nbsp

COSPNSROBERACKER

&nbsp

MLTSPNSR

&nbsp

Amd §66, Pub Serv L (as proposed in S.8213 & A.2736-A)

&nbsp

Requires that any proposed capital expenditure to be considered in any matter affecting a major change in rates must be described by the utility on a per project basis and shall include the purpose and the need for each capital expenditure, total cost, and benefits to the ratepayers and the operation of the distribution system, and shall be posted on the PSC website.

Go to top S08764 Actions:

BILL NOS08764 

&nbsp

01/08/2026REFERRED TO RULES

01/12/2026ORDERED TO THIRD READING CAL.16

01/20/2026SUBSTITUTED BY A9441

&nbspA09441 AMEND= Jacobson

&nbsp01/06/2026referred to energy

&nbsp01/07/2026referred to energy

&nbsp01/13/2026reported referred to rules

&nbsp01/13/2026reported 

&nbsp01/13/2026rules report cal.21

&nbsp01/13/2026ordered to third reading rules cal.21

&nbsp01/20/2026passed assembly

&nbsp01/20/2026delivered to senate

&nbsp01/20/2026REFERRED TO RULES

&nbsp01/20/2026SUBSTITUTED FOR S8764

&nbsp01/20/20263RD READING CAL.16

&nbsp01/20/2026PASSED SENATE

&nbsp01/20/2026RETURNED TO ASSEMBLY

&nbsp02/13/2026delivered to governor

&nbsp02/13/2026signed chap.10

Go to topS08764 Committee&nbspVotes:

Go to topS08764 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08764 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8764

 IN SENATE

 January 8, 2026
 ___________

 Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Rules

 AN ACT to amend the public service law, in relation to consideration of
 capital expenditures by a utility proposing a major change in rates

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (m) of subdivision 12 of section 66 of the public
 2 service law, as added by a chapter of the laws of 2025 amending the
 3 public service law relating to consideration of capital expenditures in
 4 utility rate proceedings, as proposed in legislative bills numbers S.
 5 8213 and A. 2736-A, is amended to read as follows:
 6 (m) [Any] As a separate and distinct part of any filing by a utility
 7 proposing a major change in rates, the utility must provide a
 8 description of any proposed capital expenditure [to be considered in any
 9 matter affecting a major change in rates must be described, which shall
 10 include], on a per project basis, including but not [be] limited to,
 11 the: (i) purpose of and the need for each of the proposed [project]
 12 capital expenditures, (ii) total cost, (iii) expected period of useful-
 13 ness, (iv) location in the service territory, (v) rationale for inclu-
 14 sion in the proceeding, and (vi) anticipated benefits to ratepayers[,
 15 measured by lower costs to ratepayers and/or other benefits as deter-
 16 mined by the commission] and the operation of the distribution system.
 17 Such descriptions of [projects] capital expenditures, on a per project
 18 basis, shall be posted on the commission's website. Pursuant to para-
 19 graph (i) of this subdivision, the burden of proof to show that a change
 20 in rates related to each capital expenditure is just and reasonable
 21 shall be on the utility.
 22 § 2. Nothing in this act shall be construed to limit or restrict the
 23 existing powers of the public service commission.
 24 § 3. This act shall take effect on the same date and in the same
 25 manner as a chapter of the laws of 2025 amending the public service law
 26 relating to consideration of capital expenditures in utility rate
 27 proceedings, as proposed in legislative bills numbers S. 8213 and A.
 28 2736-A, takes effect.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05485-04-6

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