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Senate bill · S8491 (2025-26)

Relates to denials of increased utility rates and charges

Latest action Jun 5, 2026

New York State Senate

Same as A2740, the matching bill in the Assembly.

Sponsor

Michelle Hinchey

State Senator, District 41 · Democratic/Working Families

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Summary

Provides that whenever the public service commission denies a request by a utility for a major change in rates or charges, the schedule, rate, charge, form of contract or agreement, rule, regulation, general privilege, facility, or service immediately in effect prior to such request shall remain in full force and effect until such time as the commission approves a new rate, charge.

Summary from NY Open Legislation. How we handle summaries

Amends the Public Service Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

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Purpose, from the sponsor's memo

Mandates that utility rates and charges that are in effect prior to the denial of a request for an increase rate, charge, or service remain in effect until the Public Service Commission approves a new rate, charge or service.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Energy · New York State Assembly

Also referred to Energy And Telecommunications · New York State Senate, Rules · New York State Assembly, Rules · New York State Senate.

Cosponsors

Andrew Hevesi, Angelo Santabarbara and 7 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic9

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The sponsor's argument

Why Michelle Hinchey says this is needed

Under the current Public Service Law, when a utility company files for a rate increase, the Public Service Commission reviews the request and votes on a Joint Proposal or Recommended Decision. However, if a majori- ty of Commissioners vote to deny that Proposal or Decision without an alternative action in place, the utility's original rate increase request would automatically go into effect. This procedural gap creates a significant risk that rate increases would be implemented without proper review and undermines the regulatory process in place to protect ratepayers. Immediate legislative action is needed to close this danger- ous gap and prevent unapproved rate increases from being forced upon consumers. In 2023, Central Hudson, a utility in the Mid-Hudson Valley, filed for substantial increases in delivery rates-32% for electric and 29% for gas. The rate case moved through litigation, and after careful review, the Administrative Law Judge recommended reducing the original rate increases by 16%. The Public Service Commission (PSC) took further steps, lowering the final increase to just 5%. However, under the current Public Service Law, if the majority of the PSC had denied the 5% increase without proposing an alternative, Central Hudson's original request would have automatically gone into effect, resulting in a very significant rate hike. Such a situation is unreasonable and poses an unnecessary risk to consumers, and it is something New York State must ensure never happens. This bill will relieve the Commission of the undue burden of having to propose an alternative rate plan if they decide to deny the pending rate increase. It eliminates this problematic "Sophie's Choice" and provides the PSC with greater flexibility to perform its role more effectively at the conclusion of any rate case.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Committee vote · Energy And Telecommunications

    Senate Energy And TelecommunicationsFeb 24, 2026Result: passed

    (8) (1) (0) (0)

Full history

  1. Jun 5, 2026

    In committee

    COMMITTED TO RULES

    NY Senate

  2. Mar 19, 2026

    Advanced to Third Reading CAL.314

    ADVANCED TO THIRD READING CAL.314

    NY Assembly

  3. Mar 17, 2026

    Reported out of committee

    REPORTED

    NY Assembly

  4. Mar 11, 2026

    Amended

    AMENDED ON THIRD READING 8491A

    NY Senate

  5. Mar 10, 2026

    Amend and Recommit to Energy

    AMEND AND RECOMMIT TO ENERGY

    NY Assembly

Show full history (7 earlier events)
  1. Feb 26, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  2. Feb 25, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  3. Feb 24, 2026

    1ST Report CAL.400

    1ST REPORT CAL.400

    NY Senate

  4. Jan 7, 2026

    Referred to committee

    REFERRED TO ENERGY

    NY Assembly

  5. Jan 7, 2026

    Referred to committee

    REFERRED TO ENERGY AND TELECOMMUNICATIONS

    NY Senate

  6. Aug 25, 2025

    Referred to committee

    REFERRED TO RULES

    NY Senate

  7. Jan 22, 2025

    Referred to committee

    REFERRED TO ENERGY

    NY Assembly