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S1896

An act to amend the Public Service Law — 2026-02-04 · Calendar #142

The New York State Senate passed legislation to reform how utility companies' return on equity is calculated under Public Service Law, advancing a key component of the Majority's utility rate reform package. Senate Print 1896, sponsored by Sen. Mayer, passed 53-9 on a roll call vote. The bill modifies a rate-setting process that has remained unchanged for four decades, addressing what supporters characterized as utility companies receiving returns on equity four times greater than inflation rates. Sen. Mayer argued the reform would prioritize ratepayers over shareholders, while Sen. Harckham noted that utilities are the only sector guaranteed both monopoly status and double-digit returns on equity, citing Con Edison's $2 billion in profits over two years. Opponents, led by Sen. Tedisco, argued the bill addresses symptoms rather than root causes of rising utility costs, which he attributed to state policies like the Climate Leadership and Community Protection Act. Tedisco called instead for legislation requiring Senate ratification of PSC rate increases. Nine senators voted against the measure: Ashby, Borrello, O'Mara, Ortt, Palumbo, Stec, Tedisco, Walczyk, and Weik.
PASSED Ayes: 53 · Nays: 9

Debate Summary

The bill modifies how utility companies' return on equity is determined by the Public Service Commission, a process unchanged for 40 years. Supporters argue the current system allows utility companies' returns to far exceed inflation rates, burdening ratepayers, and that reform is necessary to prioritize ratepayers over shareholders. Opponents contend the bill does not address the root causes of rising utility costs, which stem from state policies like the CLCPA, and argue the Legislature should directly ratify PSC rate decisions rather than passing procedural reforms.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Harckham aye Democrat
Martins aye Republican
Mayer aye Democrat
Ashby nay Republican
Borrello nay Republican
O'Mara nay Republican
Ortt nay Republican
Palumbo nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weik nay Republican

An act to amend the Public Service Law — 2025-01-27 · Calendar #147

The New York State Senate passed legislation to amend the Public Service Law and reform how utility rates are set, with a 52-8 vote on Calendar Number 147, Senate Print 1896. The bill, sponsored by Sen. Mayer, would change the Public Service Commission's rate-setting methodology for utilities including Con Edison, which holds a monopoly in New York State. Mayer argued the current system is backwards, with utilities proposing rates that the PSC then negotiates downward, resulting in what she called exorbitant delivery charges that have doubled usage fees and left constituents unable to afford heating their homes. Under the bill's approach, the PSC would set a preferred rate with a rebuttable presumption, allowing utilities a reasonable return while protecting consumers from unsustainable charges. Mayer noted the Senate passed the bill in the prior year and urged the Assembly and Governor to act. Eight senators voted against the measure: Ashby, Borrello, O'Mara, Ortt, Palumbo, Stec, Tedisco, and Weik. The bill takes effect one year after becoming law.
PASSED Ayes: 52 · Nays: 8

Debate Summary

Sen. Mayer argued that the bill addresses unsustainable utility delivery rates charged by Con Edison, which she characterized as double usage charges and unaffordable for constituents. She criticized the current Public Service Commission rate-setting methodology as backwards, noting that utilities propose rates and the PSC negotiates downward, rather than setting a preferred rate with a rebuttable presumption. Mayer stated the bill would change how the PSC sets utility rates and noted the Senate passed the bill in the prior year.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Mayer aye Democrat
Ashby nay Republican
Borrello nay Republican
O'Mara nay Republican
Ortt nay Republican
Palumbo nay Republican
Stec nay Republican
Tedisco nay Republican
Weik nay Republican