S T A T E   O F   N E W   Y O R K
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                                  5138

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by M. of A. CERETTO -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public service law, in relation to  exempting  reli-
  gious  organizations  from  the  temporary  state  energy  and utility
  service conservation assessment fee

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (b)  of  subdivision  6 of section 18-a of the
public service law, as added by section 4 of part NN of  chapter  59  of
the laws of 2009, is amended and a new paragraph (i) is added to read as
follows:
  (b)  The  temporary  state  energy  and  utility  service conservation
assessment shall be equal to two [percentum] PER CENTUM of  the  utility
entity's  gross operating revenues derived from intrastate utility oper-
ations in the last preceding calendar year, minus the  amount,  if  any,
that  such  utility  entity is assessed pursuant to subdivisions one and
two of this section for the corresponding state fiscal year period. With
respect to the Long Island power authority, the temporary  state  energy
and  utility  service  conservation  assessment  shall  be  equal to one
[percentum] PER CENTUM of  such  authority's  gross  operating  revenues
derived  from intrastate utility operations in the last preceding calen-
dar year. No corporation or person subject to the  jurisdiction  of  the
commission  only  with  respect to safety, or the power authority of the
state of New York, shall be subject to the temporary  state  energy  and
utility service conservation assessment provided for under this subdivi-
sion.  Utility  entities  whose gross operating revenues from intrastate
utility operations are five hundred thousand  dollars  or  less  in  the
preceding  calendar  year  shall  not  be subject to the temporary state
energy and utility service conservation assessment. RECEIPTS FROM REVEN-
UES DERIVED FROM RELIGIOUS ORGANIZATIONS WHO ARE  EXEMPT  FROM  TAXATION
UNDER FEDERAL AND STATE LAW SHALL NOT BE SUBJECT TO SUCH ASSESSMENT. The

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01272-01-1
              

A. 5138                             2

minimum  temporary state energy and utility service conservation assess-
ment to be billed to any utility entity whose gross revenues from intra-
state utility operations are in excess of five hundred thousand  dollars
in the preceding calendar year shall be two hundred dollars.
  (I)  NO  PUBLIC UTILITY COMPANY OR OTHER UTILITY ENTITY SUBJECT TO THE
PROVISIONS OF THIS SECTION SHALL CHARGE OR  PASS  ALONG  THE  AMOUNT  OF
ASSESSMENT  IMPOSED  UNDER THIS SECTION TO ANY RELIGIOUS ORGANIZATION IN
THIS STATE WHICH IS EXEMPT FROM TAXATION UNDER STATE LAW OR FEDERAL LAW.
  S 2. This act shall take effect immediately; provided that the  amend-
ments to subdivision 6 of section 18-a of the public service law made by
section  one of this act shall not affect the repeal of such subdivision
and shall be deemed repealed therewith.