New York S 9964: Prohibits public utilities from passing along the cost of site investigation and remediation efforts on to rate payers

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S09964 Summary:

BILL NOS09964 

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SAME ASSAME AS A10672

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SPONSORGOUNARDES

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COSPNSR

&nbsp

MLTSPNSR

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Add Art 12 §§240 & 241, amd §5, Pub Serv L

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Prohibits public utilities from passing along the cost of site investigation and remediation efforts on to rate payers; requires each public utility with more than seventy-five thousand customers to submit to the public service commission an annual report containing a description of any expenses that may not be included or incorporated in the public utility's operating expenses.

Go to top S09964 Actions:

BILL NOS09964 

&nbsp

04/20/2026REFERRED TO ENERGY AND TELECOMMUNICATIONS

Go to topS09964 Committee&nbspVotes:

Go to topS09964 Floor&nbspVotes:

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

Go to topS09964 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9964

 IN SENATE

 April 20, 2026
 ___________

 Introduced by Sen. GOUNARDES -- 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 prohibiting
 public utilities from passing along the cost of site investigation and
 remediation efforts on to rate payers

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

 1 Section 1. The public service law is amended by adding a new article
 2 12 to read as follows:

 3 ARTICLE 12
 4 GENERAL PROVISIONS

 5 Section 240. Definitions.
 6 241. Limitations on rates.
 7 § 240. Definitions. As used in this article, unless the context other-
 8 wise indicates, the following terms have the following meanings:
 9 1. "Public utility" means a public utility company or a public utility
 10 corporation subject to the provisions of this chapter.
 11 2. "Site investigation and remediation expenses" means expenses
 12 related to all investigation and remediation activity to address all
 13 soil contaminants listed in 6 NYCRR 375-678 and all contaminants for
 14 which soil clean-up objectives are set under the commissioner of envi-
 15 ronmental conservation's policy fifty-one from various sources, includ-
 16 ing, but not limited to petroleum or chemical spills, PFAS substances
 17 utilization, dumping, former gas manufacturing operations, and former
 18 factory operations; and to achieve water quality standards under 6 NYCRR
 19 703. "Site investigation and remediation expenses" includes expenses
 20 for remediation measures necessitated at brownfield sites and state or
 21 federal superfund sites.
 22 3. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS
 23 substances" means a class of fluorinated organic chemicals containing at
 24 least one fully fluorinated carbon atom.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13816-02-6

 S. 9964 2

 1 § 241. Limitations on rates. 1. The following expenses, whether paid
 2 directly or indirectly, through reimbursement or otherwise, incurred by
 3 a public utility may not be included or incorporated in operating
 4 expenses to be recovered from consumers in rates, tariffs or other
 5 charges:
 6 (a) expenses or other charges for site investigation and remediation
 7 expenses; or
 8 (b) fines, penalties, or expenses or other charges for legal services
 9 or other advisory or consulting services related to site investigation
 10 and remediation obligations.
 11 2. On or before December thirty-first, two thousand twenty-seven, and
 12 annually thereafter, each public utility with more than seventy-five
 13 thousand customers shall submit to the commission a report, in a form
 14 prescribed by the commission, containing a written, itemized description
 15 of any expenses that may not be included or incorporated in the public
 16 utility's operating expenses under subdivision one of this section. For
 17 each expense, the report must include the date, the payee, the amount
 18 and a description of the purpose of the expense and any other informa-
 19 tion deemed relevant by the commission.
 20 3. The public utility shall make available for public inspection all
 21 materials filed with the commission in accordance with subdivision two
 22 of this sect