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S7165A

An act to amend the Public Service Law — 2026-02-04 · Calendar #146

The Senate passed S7165A, sponsored by Sen. Hinchey, an act to amend the Public Service Law, on a 42-20 roll call vote. The bill, which takes effect immediately, received support from a majority of the chamber. Twenty senators voted in opposition, including Sens. Ashby, Borrello, Canzoneri-Fitzpatrick, Chan, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, Murray, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Walczyk, Weber and Weik. No floor debate was recorded on the measure prior to the vote.
PASSED Ayes: 42 · Nays: 20

Debate Summary

No substantive debate is recorded in this transcript segment. The bill proceeded directly to a roll call vote following the reading of the final section.

Recorded Votes

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

Senator Vote Party
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Chan nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican

An act to amend the Public Service Law to allow the PSC to consider mental anguish and pain and suffering of consumers when determining utility penalties — 2025-06-05 · Calendar #711

The New York State Senate passed legislation Tuesday that would allow the Public Service Commission to consider mental anguish and pain and suffering when determining penalties against utilities found to have engaged in egregious conduct. The bill, S7165A, sponsored by Sen. Hinchey, passed 40-20 on a largely party-line vote. The measure emerged from a broader utility affordability package and was prompted by the Central Hudson billing crisis in the Hudson Valley, where constituents reported severe hardship including inability to pay mortgages and rent. Sen. Walczyk and other Republicans opposed the bill, arguing that undefined terms like "mental anguish" could lead to increased costs passed to all ratepayers and that the measure won't address New York's electricity rates, which are 40 percent higher than Pennsylvania's. Sen. Hinchey countered that penalties would be paid by utilities under Public Service Law Section 25 and would only apply in cases of egregious utility misconduct. Sen. Krueger defended the bill and disputed Republican claims that the state's Climate Leadership and Community Protection Act drives rate increases, citing PSC studies showing CLCPA adds minimal costs to monthly bills.
PASSED Ayes: 40 · Nays: 20

Debate Summary

Sen. Walczyk questioned the sponsor about how mental anguish and pain and suffering would be defined and determined by PSC administrative law judges, expressing concern that the terms lack legal definition in Public Service Law. Sen. Hinchey responded that these are legal terms of art used in other state laws and that such considerations would only apply in investigations of egregious utility conduct, citing the Central Hudson billing debacle in the Hudson Valley where constituents faced severe hardship. Walczyk argued the bill would ultimately increase costs to all ratepayers, but Hinchey cited Public Service Law Section 25 stating PSC penalties are not recoverable in rate cases. The debate also touched on broader utility affordability issues and the role of the CLCPA in rate increases.

Recorded Votes

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

Senator Vote Party
Hinchey aye Democrat
Krueger aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Chan nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican