New York A 9154: Enacts the "utility fair acquisition act"

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A09154 Summary:

BILL NOA09154A

&nbsp

SAME ASSAME AS S10157

&nbsp

SPONSORBurke

&nbsp

COSPNSRShrestha

&nbsp

MLTSPNSR

&nbsp

Amd §362, Gen Muni L; add §2859, Pub Auth L

&nbsp

Enacts the "utility fair acquisition act", providing that in any acquisition by a municipal corporation or a public benefit corporation created pursuant to article 5 of the public authorities law of infrastructure operated by a public utility company or private energy provider, the appraised value shall be reduced by the value of infrastructure that was financed through customer user fees, ratepayer surcharges, or other non-investor-funded mechanisms as determined by the public service commission.

Go to top A09154 Actions:

BILL NOA09154A

&nbsp

10/17/2025referred to local governments

01/07/2026referred to local governments

04/21/2026amend (t) and recommit to local governments

04/21/2026print number 9154a

Go to topA09154 Committee&nbspVotes:

Go to topA09154 Floor&nbspVotes:

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

Go to topA09154 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9154--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 October 17, 2025
 ___________

 Introduced by M. of A. BURKE -- read once and referred to the Committee
 on Local Governments -- recommitted to the Committee on Local Govern-
 ments in accordance with Assembly Rule 3, sec. 2 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the general municipal law and the public authorities
 law, in relation to enacting the "utility fair acquisition act"

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "utility fair acquisition act".
 3 § 2. Section 362 of the general municipal law, as amended by chapter
 4 838 of the laws of 1945, is amended to read as follows:
 5 § 362. Financing the cost of public utility service. 1. Any municipal
 6 corporation may finance the cost of such public utility service in whole
 7 or in part by levying taxes in the same manner as taxes are levied
 8 pursuant to law for any permanent improvement by such municipal corpo-
 9 ration, or the same may be financed in whole or in part pursuant to the
 10 local finance law.
 11 2. (a) In any acquisition by a municipal corporation of electric
 12 generation, transmission or distribution infrastructure currently oper-
 13 ated by a public utility company or private energy provider, the
 14 appraised value shall be reduced by the proportional value of infras-
 15 tructure that was financed through customer user fees, ratepayer
 16 surcharges, or other non-investor-funded mechanisms, as determined by
 17 the public service commission.
 18 (b) The public service commission shall, upon request by a municipal
 19 corporation seeking to acquire utility assets, determine the extent to
 20 which such assets were financed through customer user fees, ratepayer
 21 surcharges, or other non-investor-funded mechanisms, and shall issue a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13499-03-6

 A. 9154--A 2

 1 report identifying the value of such contributions and recommending a
 2 commensurate reduction in the acquisition price.
 3 § 3. The public authorities law is amended by adding a new section
 4 2859 to read as follows:
 5 § 2859. Financing the cost of a public utility service. Notwithstand-
 6 ing any other provisions of this title or the provisions of any general,
 7 special or local law, any public benefit corporation created pursuant to
 8 article five of this chapter which is authorized by law to produce,
 9 develop, distribute and sell water, water services, facilities and
 10 commodities shall have the power:
 11 1. In any acquisition by a public utility corporation of generation,
 12 transmission or distribution infrastructure currently operated by a
 13 public utility company or private energy provider, the appraised value
 14 shall be reduced by the proportional value of infrastructure that was
 15 financed through customer user fees, ratepayer surcharges, or other
 16 non-investor-funded mechani