S 9933: Requires the department of public service to assign an administrative law judge to preside over all rate case settlement negotiations.

  
  STATE OF NEW YORK ________________________________________________________________________ 9933  IN SENATE April 16, 2026 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, in relation to requiring an administrative law judge to oversee the settlement negotiation process in major electric, natural gas, water, and steam rate increase proceedings before the public service commission The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 66 of the public service law is amended by adding a 2 new subdivision 33 to read as follows: 3 33. (a) In any rate proceeding, upon the utility filing of a notice of 4 impending negotiations pursuant to the department's rules and regu- 5 lations, the department shall assign an administrative law judge or 6 judges who have received training in mediation and facilitation from an 7 organization certified to provide such training to preside over the 8 settlement process. The settlement administrative law judge or judges 9 shall preside over all rate case settlement negotiations for the purpose 10 of ensuring an orderly, consistent, fair, and efficient process by 11 establishing structure for the negotiations, reducing impediments to 12 participation, and encouraging open communication. Among the tasks the 13 judge or judges shall perform are coordinating scheduling and facilitat- 14 ing meetings. The judge or judges shall oversee the settlement process 15 in a consistent and predictable manner so that the process itself is 16 similar for each rate proceeding and not dependent on the individual 17 judge or judges assigned. To ensure consistency in the process, the 18 department shall create and share public standards explaining how the 19 settlement process shall be organized and administered. At the request 20 of any party, the judge or judges may function as a mediator in regard 21 to any particular topic unless another party that is concerned about the 22 same topic objects. 23 (b) As used in this subdivision, the following terms shall have the 24 following meanings: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15469-01-6 
 S. 9933 2 1 (i) "Settlement administrative law judge" or "judge" shall mean an 2 administrative law judge assigned by the department to oversee settle- 3 ment negotiations instituted by the utility filing of impending negoti- 4 ations pursuant to the department's rules and regulations. 5 (ii) "Settlement process" shall mean a set of formal negotiations of 6 the parties organized by the department that is intended to resolve all 7 or some of the issues in any rate proceeding and lead to a joint 8 proposal. 9 (iii) "Joint proposal" shall mean a negotiated settlement agreement 10 signed by two or more parties in a rate proceeding. 11 § 2. Section 80 of the public service law is amended by adding a new 12 subdivision 13 to read as follows: 13 13. (a) In any rate proceeding, upon the utility filing of a notice of 14 impending negotiations pursuant to the department's rules and regu- 15 lations, the department shall assign an administrative law judge or 16 judges who have received training in mediation and facilitation from an 17 organization certified to provide such training to preside over the 18 settlement process. The settlement administrative law judge or judges 19 shall preside over all rate case settlement negotiations for the purpose 20 of ensuring an orderly, consistent, fair, and efficient process by 21 establishing structure for the negotiations, reducing impediments to 22 participation, and encouraging open communication. Among the tasks the 23 judge or judges shall perform are coordinating scheduling and facilitat- 24 ing meetings. The judge or judges shall oversee the settlement process 25 in a consistent and predictable manner so that the process itself is 26 similar for each rate proceeding and not dependent on the individual 27 judge or judges assigned. To ensure consistency in the process, the 28 department shall create and share public standards explaining how the 29 settlement process shall be organized and administered. At the request 30 of any party, the judge or judges may function as a mediator in regard 31 to any particular topic unless another party that is concerned about the 32 same topic objects. 33 (b) As used in this subdivision, the following terms shall have the 34 following meanings: 35 (i) "Settlement administrative law judge" shall mean an administrative 36 law judge assigned by the department to oversee settlement negotiations 37 instituted by the utility filing of impending negotiations pursuant to 38 section 3.9 of the department's rules and regulations. 39 (ii) "Settlement process" shall mean a set of formal negotiations of 40 the parties organized by the department that is intended to resolve all 41 or some of the issues in any rate proceeding and lead to a joint 42 proposal. 43 (iii) "Joint proposal" shall mean a negotiated settlement agreement 44 signed by two or more parties in a rate proceeding. 45 § 3. Section 89-c of the public service law is amended by adding a new 46 subdivision 18 to read as follows: 47 18. (a) In any rate proceeding, upon the utility filing of a notice of 48 impending negotiations pursuant to the department's rules and regu- 49 lations, the department shall assign an administrative law judge or 50 judges who have received training in mediation and facilitation from an 51 organization certified to provide such training to preside over the 52 settlement process. The settlement administrative law judge or judges 53 shall preside over all rate case settlement negotiations for the purpose 54 of ensuring an orderly, consistent, fair, and efficient process by 55 establishing structure for the negotiations, reducing impediments to 56 participation, and encouraging open communication. Among the tasks the 
 S. 9933 3 1 judge or judges shall perform are coordinating scheduling and facilitat- 2 ing meetings. The judge or judges shall oversee the settlement process 3 in a consistent and predictable manner so that the process itself is 4 similar for each rate proceeding and not dependent on the individual 5 judge or judges assigned. To ensure consistency in the process, the 6 department shall create and share public standards explaining how the 7 settlement process shall be organized and administered. At the request 8 of any party, the judge or judges may function as a mediator in regard 9 to any particular topic unless another party that is concerned about the 10 same topic objects. 11 (b) As used in this subdivision, the following terms shall have the 12 following meanings: 13 (i) "Settlement administrative law judge" shall mean an administrative 14 law judge assigned by the department to oversee settlement negotiations 15 instituted by the utility filing of impending negotiations pursuant to 16 section 3.9 of the department's rules and regulations. 17 (ii) "Settlement process" shall mean a set of formal negotiations of 18 the parties organized by the department that is intended to resolve all 19 or some of the issues in any rate proceeding and lead to a joint 20 proposal. 21 (iii) "Joint proposal" shall mean a negotiated settlement agreement 22 signed by two or more parties in a rate proceeding. 23 § 4. This act shall take effect on the one hundred twentieth day after 24 it shall have become a law, and shall apply to public service commission 25 proceedings initiated on or after such date. Effective immediately, the 26 addition, amendment and/or repeal of any rule or regulation necessary 27 for the implementation of this act on its effective date are authorized 28 to be made and completed on or before such effective date.