A 11462

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   11462
                           I N  A S S E M B L Y
                               May 20, 2026
                                ___________
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Braunstein)
   -- read once and referred to the Committee on  Corporations,  Authori-
   ties and Commissions
 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:
   Section 1. Section 66 of the public service law is amended by adding a
 new subdivision 33 to read as follows:
   33. (A) IN ANY RATE PROCEEDING, UPON THE UTILITY FILING OF A NOTICE OF
 IMPENDING NEGOTIATIONS PURSUANT TO  THE  DEPARTMENT'S  RULES  AND  REGU-
 LATIONS,  THE  DEPARTMENT  SHALL  ASSIGN  AN ADMINISTRATIVE LAW JUDGE OR
 JUDGES WHO HAVE RECEIVED TRAINING IN MEDIATION AND FACILITATION FROM  AN
 ORGANIZATION  CERTIFIED  TO  PROVIDE  SUCH  TRAINING TO PRESIDE OVER THE
 SETTLEMENT PROCESS.  THE SETTLEMENT ADMINISTRATIVE LAW JUDGE  OR  JUDGES
 SHALL PRESIDE OVER ALL RATE CASE SETTLEMENT NEGOTIATIONS FOR THE PURPOSE
 OF  ENSURING  AN  ORDERLY,  CONSISTENT,  FAIR,  AND EFFICIENT PROCESS BY
 ESTABLISHING STRUCTURE FOR THE  NEGOTIATIONS,  REDUCING  IMPEDIMENTS  TO
 PARTICIPATION,  AND ENCOURAGING OPEN COMMUNICATION.  AMONG THE TASKS THE
 JUDGE OR JUDGES SHALL PERFORM ARE COORDINATING SCHEDULING AND FACILITAT-
 ING MEETINGS.  THE JUDGE OR JUDGES SHALL OVERSEE THE SETTLEMENT  PROCESS
 IN  A  CONSISTENT  AND  PREDICTABLE MANNER SO THAT THE PROCESS ITSELF IS
 SIMILAR FOR EACH RATE PROCEEDING AND NOT  DEPENDENT  ON  THE  INDIVIDUAL
 JUDGE  OR  JUDGES  ASSIGNED.   TO ENSURE CONSISTENCY IN THE PROCESS, THE
 DEPARTMENT SHALL CREATE AND SHARE PUBLIC STANDARDS  EXPLAINING  HOW  THE
 SETTLEMENT  PROCESS SHALL BE ORGANIZED AND ADMINISTERED.  AT THE REQUEST
 OF ANY PARTY, THE JUDGE OR JUDGES MAY FUNCTION AS A MEDIATOR  IN  REGARD
 TO ANY PARTICULAR TOPIC UNLESS ANOTHER PARTY THAT IS CONCERNED ABOUT THE
 SAME TOPIC OBJECTS.
   (B)  AS  USED  IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15469-01-6
 A. 11462                            2
   (I) "SETTLEMENT ADMINISTRATIVE LAW JUDGE" OR  "JUDGE"  SHALL  MEAN  AN
 ADMINISTRATIVE  LAW  JUDGE ASSIGNED BY THE DEPARTMENT TO OVERSEE SETTLE-
 MENT NEGOTIATIONS INSTITUTED BY THE UTILITY FILING OF IMPENDING  NEGOTI-
 ATIONS PURSUANT TO THE DEPARTMENT'S RULES AND REGULATIONS.
   (II)  "SETTLEMENT  PROCESS" SHALL MEAN A SET OF FORMAL NEGOTIATIONS OF
 THE PARTIES ORGANIZED BY THE DEPARTMENT THAT IS INTENDED TO RESOLVE  ALL
 OR  SOME  OF  THE  ISSUES  IN  ANY  RATE  PROCEEDING AND LEAD TO A JOINT
 PROPOSAL.
   (III) "JOINT PROPOSAL" SHALL MEAN A  NEGOTIATED  SETTLEMENT  AGREEMENT
 SIGNED BY TWO OR MORE PARTIES IN A RATE PROCEEDING.
   §  2.  Section 80 of the public service law is amended by adding a new
 subdivision 13 to read as follows:
   13. (A) IN ANY RATE PROCEEDING, UPON THE UTILITY FILING OF A NOTICE OF
 IMPENDING NEGOTIATIONS PURSUANT TO  THE  DEPARTMENT'S  RULES  AND  REGU-
 LATIONS,  THE  DEPARTMENT  SHALL  ASSIGN  AN ADMINISTRATIVE LAW JUDGE OR
 JUDGES WHO HAVE RECEIVED TRAINING IN MEDIATION AND FACILITATION FROM  AN
 ORGANIZATION  CERTIFIED  TO  PROVIDE  SUCH  TRAINING TO PRESIDE OVER THE
 SETTLEMENT PROCESS.  THE SETTLEMENT ADMINISTRATIVE LAW JUDGE  OR  JUDGES
 SHALL PRESIDE OVER ALL RATE CASE SETTLEMENT NEGOTIATIONS FOR THE PURPOSE
 OF  ENSURING  AN  ORDERLY,  CONSISTENT,  FAIR,  AND EFFICIENT PROCESS BY
 ESTABLISHING STRUCTURE FOR THE  NEGOTIATIONS,  REDUCING  IMPEDIMENTS  TO
 PARTICIPATION,  AND ENCOURAGING OPEN COMMUNICATION.  AMONG THE TASKS THE
 JUDGE OR JUDGES SHALL PERFORM ARE COORDINATING SCHEDULING AND FACILITAT-
 ING MEETINGS.  THE JUDGE OR JUDGES SHALL OVERSEE THE SETTLEMENT  PROCESS
 IN  A  CONSISTENT  AND  PREDICTABLE MANNER SO THAT THE PROCESS ITSELF IS
 SIMILAR FOR EACH RATE PROCEEDING AND NOT  DEPENDENT  ON  THE  INDIVIDUAL
 JUDGE  OR  JUDGES  ASSIGNED.   TO ENSURE CONSISTENCY IN THE PROCESS, THE
 DEPARTMENT SHALL CREATE AND SHARE PUBLIC STANDARDS  EXPLAINING  HOW  THE
 SETTLEMENT  PROCESS SHALL BE ORGANIZED AND ADMINISTERED.  AT THE REQUEST
 OF ANY PARTY, THE JUDGE OR JUDGES MAY FUNCTION AS A MEDIATOR  IN  REGARD
 TO ANY PARTICULAR TOPIC UNLESS ANOTHER PARTY THAT IS CONCERNED ABOUT THE
 SAME TOPIC OBJECTS.
   (B)  AS  USED  IN THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (I) "SETTLEMENT ADMINISTRATIVE LAW JUDGE" SHALL MEAN AN ADMINISTRATIVE
 LAW JUDGE ASSIGNED BY THE DEPARTMENT TO OVERSEE SETTLEMENT  NEGOTIATIONS
 INSTITUTED  BY  THE UTILITY FILING OF IMPENDING NEGOTIATIONS PURSUANT TO
 SECTION 3.9 OF THE DEPARTMENT'S RULES AND REGULATIONS.
   (II) "SETTLEMENT PROCESS" SHALL MEAN A SET OF FORMAL  NEGOTIATIONS  OF
 THE  PARTIES ORGANIZED BY THE DEPARTMENT THAT IS INTENDED TO RESOLVE ALL
 OR SOME OF THE ISSUES IN  ANY  RATE  PROCEEDING  AND  LEAD  TO  A  JOINT
 PROPOSAL.
   (III)  "JOINT  PROPOSAL"  SHALL MEAN A NEGOTIATED SETTLEMENT AGREEMENT
 SIGNED BY TWO OR MORE PARTIES IN A RATE PROCEEDING.
   § 3. Section 89-c of the public service law is amended by adding a new
 subdivision 18 to read as follows:
   18. (A) IN ANY RATE PROCEEDING, UPON THE UTILITY FILING OF A NOTICE OF
 IMPENDING NEGOTIATIONS PURSUANT TO  THE  DEPARTMENT'S  RULES  AND  REGU-
 LATIONS,  THE  DEPARTMENT  SHALL  ASSIGN  AN ADMINISTRATIVE LAW JUDGE OR
 JUDGES WHO HAVE RECEIVED TRAINING IN MEDIATION AND FACILITATION FROM  AN
 ORGANIZATION  CERTIFIED  TO  PROVIDE  SUCH  TRAINING TO PRESIDE OVER THE
 SETTLEMENT PROCESS.  THE SETTLEMENT ADMINISTRATIVE LAW JUDGE  OR  JUDGES
 SHALL PRESIDE OVER ALL RATE CASE SETTLEMENT NEGOTIATIONS FOR THE PURPOSE
 OF  ENSURING  AN  ORDERLY,  CONSISTENT,  FAIR,  AND EFFICIENT PROCESS BY
 ESTABLISHING STRUCTURE FOR THE  NEGOTIATIONS,  REDUCING  IMPEDIMENTS  TO
 PARTICIPATION,  AND ENCOURAGING OPEN COMMUNICATION.  AMONG THE TASKS THE
 A. 11462                            3
 JUDGE OR JUDGES SHALL PERFORM ARE COORDINATING SCHEDULING AND FACILITAT-
 ING MEETINGS.  THE JUDGE OR JUDGES SHALL OVERSEE THE SETTLEMENT  PROCESS
 IN  A  CONSISTENT  AND  PREDICTABLE MANNER SO THAT THE PROCESS ITSELF IS
 SIMILAR  FOR  EACH  RATE  PROCEEDING AND NOT DEPENDENT ON THE INDIVIDUAL
 JUDGE OR JUDGES ASSIGNED.   TO ENSURE CONSISTENCY IN  THE  PROCESS,  THE
 DEPARTMENT  SHALL  CREATE  AND SHARE PUBLIC STANDARDS EXPLAINING HOW THE
 SETTLEMENT PROCESS SHALL BE ORGANIZED AND ADMINISTERED.  AT THE  REQUEST
 OF  ANY  PARTY, THE JUDGE OR JUDGES MAY FUNCTION AS A MEDIATOR IN REGARD
 TO ANY PARTICULAR TOPIC UNLESS ANOTHER PARTY THAT IS CONCERNED ABOUT THE
 SAME TOPIC OBJECTS.
   (B) AS USED IN THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (I) "SETTLEMENT ADMINISTRATIVE LAW JUDGE" SHALL MEAN AN ADMINISTRATIVE
 LAW  JUDGE ASSIGNED BY THE DEPARTMENT TO OVERSEE SETTLEMENT NEGOTIATIONS
 INSTITUTED BY THE UTILITY FILING OF IMPENDING NEGOTIATIONS  PURSUANT  TO
 SECTION 3.9 OF THE DEPARTMENT'S RULES AND REGULATIONS.
   (II)  "SETTLEMENT  PROCESS" SHALL MEAN A SET OF FORMAL NEGOTIATIONS OF
 THE PARTIES ORGANIZED BY THE DEPARTMENT THAT IS INTENDED TO RESOLVE  ALL
 OR  SOME  OF  THE  ISSUES  IN  ANY  RATE  PROCEEDING AND LEAD TO A JOINT
 PROPOSAL.
   (III) "JOINT PROPOSAL" SHALL MEAN A  NEGOTIATED  SETTLEMENT  AGREEMENT
 SIGNED BY TWO OR MORE PARTIES IN A RATE PROCEEDING.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, and shall apply to public service commission
 proceedings  initiated on or after such date. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.