Relates to consideration of capital expenditures in rate proceedings, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9441
 
                           I N  A S S E M B L Y
 
                              January 6, 2026
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Energy
 
 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:

   Section 1. Paragraph (m) of subdivision 12 of section 66 of the public
 service  law,  as  added  by  a chapter of the laws of 2025 amending the
 public service law relating to consideration of capital expenditures  in
 utility  rate  proceedings,  as proposed in legislative bills numbers S.
 8213 and A. 2736-A, is amended to read as follows:
   (m) [Any] AS A SEPARATE AND DISTINCT PART OF ANY FILING BY  A  UTILITY
 PROPOSING   A  MAJOR  CHANGE  IN  RATES,  THE  UTILITY  MUST  PROVIDE  A
 DESCRIPTION OF ANY proposed capital expenditure [to be considered in any
 matter affecting a major change in rates must be described, which  shall
 include],  ON  A  PER  PROJECT BASIS, INCLUDING but not [be] limited to,
 the:  (i) purpose of AND THE NEED FOR EACH  OF  the  proposed  [project]
 CAPITAL  EXPENDITURES, (ii) total cost, (iii) expected period of useful-
 ness, (iv) location in the service territory, (v) rationale  for  inclu-
 sion  in  the  proceeding, and (vi) anticipated benefits to ratepayers[,
 measured by lower costs to ratepayers and/or other  benefits  as  deter-
 mined  by  the commission] AND THE OPERATION OF THE DISTRIBUTION SYSTEM.
 Such descriptions of [projects] CAPITAL EXPENDITURES, ON A  PER  PROJECT
 BASIS,  shall  be  posted on the commission's website. Pursuant to para-
 graph (i) of this subdivision, the burden of proof to show that a change
 in rates related to each capital  expenditure  is  just  and  reasonable
 shall be on the utility.
   §  2.  Nothing in this act shall be construed to limit or restrict the
 existing powers of the public service commission.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2025 amending the public service law
 relating to  consideration  of  capital  expenditures  in  utility  rate
 proceedings,  as  proposed  in  legislative bills numbers S. 8213 and A.
 2736-A, takes effect.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05485-04-6