New York 2025-2026 Regular Session

New York Senate Bill S08213

Introduced
5/21/25  

Caption

Requires that any proposed capital expenditure to be considered in any matter affecting a major change in rates must be described by the utility and shall include the purpose, cost, and benefits to the ratepayers and shall be posted on the PSC website.

Summary

This bill amends the Public Service Law to require utilities, in any proceeding involving a major change in rates, to provide a detailed description of each proposed capital expenditure they want considered. The required description must include the project’s purpose, total cost, expected useful life, location within the service territory, the reason it is being included in the rate case, and the anticipated benefits to ratepayers, including lower costs or other benefits as determined by the Public Service Commission (PSC). The bill also requires these descriptions to be posted on the PSC’s website. The bill further clarifies that the utility bears the burden of proving that any rate change tied to each capital expenditure is just and reasonable. It takes effect immediately, but would not apply retroactively to rate cases already initiated before the effective date.

Impact

The bill would add a new disclosure and justification requirement to utility rate proceedings under subdivision 12 of section 66 of the Public Service Law. In practice, it would increase the documentation utilities must submit when seeking rate increases tied to capital projects, and it would make those project descriptions publicly available through the PSC website. It also reinforces the existing regulatory standard by placing the burden on the utility to show that capital-expenditure-related rate changes are just and reasonable, potentially affecting how the PSC evaluates utility investment requests and how ratepayer advocates challenge them.

Sentiment

No committee transcript or vote record was provided, so there is no direct evidence of debate, support, or opposition in the available materials. Based on the bill text and caption, the measure appears aimed at transparency and ratepayer protection in utility ratemaking, suggesting a consumer-focused policy approach. The absence of recorded votes or discussion prevents a more specific assessment of legislative sentiment.

Contention

The main likely point of contention is whether the added disclosure requirements and burden on utilities would improve accountability or instead make rate cases more burdensome and time-consuming. Utilities may object to the level of detail required for each capital expenditure and to the practical effect of having to justify projects publicly on the PSC website, while consumer advocates would likely support the measure as a way to scrutinize infrastructure spending and limit unjustified rate increases. No specific named opponents or supporters are identified in the available record.

Companion Bills

NY A02736

Same As Requires that any proposed capital expenditure to be considered in any matter affecting a major change in rates must be described by the utility and shall include the purpose, cost, and benefits to the ratepayers and shall be posted on the PSC website.

Previously Filed As

NY A02736

Requires that any proposed capital expenditure to be considered in any matter affecting a major change in rates must be described by the utility and shall include the purpose, cost, and benefits to the ratepayers and shall be posted on the PSC website.

NY S08764

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.

NY A09441

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.

NY A09649

Exempts certain utilities from special franchise assessments in New York city; requires that any reduction in special franchise taxes imposed on ConEd and National Grid shall be passed-through to rates charged to its ratepayers so that the full economic benefit of such reduction accrues to their ratepayers.

NY S07869

Requires respective changes to service and delivery charges for gas or electric service to be included in the information regarding average proposed rate changes required to be published by the public service commission in certain instances.

NY A08151

Requires respective changes to service and delivery charges for gas or electric service to be included in the information regarding average proposed rate changes required to be published by the public service commission in certain instances.

NY A10492

Prohibits utilities from charging customers excise tax; provides such tax shall be charged against and paid by the utility.

NY S09102

Prohibits utilities from charging customers excise tax; provides such tax shall be charged against and paid by the utility.

NY A10830

Provides that in the siting of new electric transmission facilities, priority shall be given to major electric transmission facilities that are proposed to be sited in existing rights-of-way including those owned by an electric corporation or distribution utility, or by the state, including any subdivision thereof, or a state public authority, for state highway or transportation purposes, and railroad corridors.

NY S09195

Provides that the utility intervention unit within the consumer protection division shall be headed by a rate counsel appointed by the governor by and with the advice and consent of the senate; relates to powers and duties of the utility intervention unit.

Similar Bills

No similar bills found.