S T A T E   O F   N E W   Y O R K
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                                   9521
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced  by  M.  of  A.  B. MILLER  --  read once and referred to the
   Committee on Energy
 
 AN ACT to  amend  the  public  service  law,  in  relation  to  limiting
   increases  in  the  amount  of  surcharges  established  by the public
   service commission, imposing a one year moratorium on  the  collection
   of  certain surcharges, and prohibiting new energy taxes and fees; and
   to repeal certain provisions of such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "Energy
 assessment cap and consumer cost relief act of 2022".
   § 2. The public service law is amended by adding a new section  18  to
 read as follows:
   §  18.  MORATORIUM ON SURCHARGES.   THE COMMISSION SHALL NOT IMPOSE OR
 COLLECT ANY SURCHARGES ASSOCIATED WITH THE SYSTEM BENEFIT CHARGE, OR THE
 RENEWABLE PORTFOLIO STANDARD, OR THE ENERGY EFFICIENCY PORTFOLIO  STAND-
 ARD,  OR ANY SIMILAR FUND THAT MAY BE CREATED BY ORDER OF THE COMMISSION
 BEFORE THE EFFECTIVE DATE OF THIS SECTION, WHETHER SUCH FUND IS  NEW  OR
 IS  A RESULT OF COMBINING ALL OR SOME OF THE SURCHARGES REFERENCED HERE-
 IN.
   § 3. Section 18 of the public  service  law  is  REPEALED  and  a  new
 section 18 is added to read as follows:
   §  18.  LIMIT  ON  SURCHARGE INCREASES. NOTWITHSTANDING ANY LAW, RULE,
 REGULATION OR ORDER TO THE CONTRARY, THE COMMISSION SHALL  NOT  INCREASE
 THE  AMOUNT  OF  THE  SURCHARGE  OF  THE  SYSTEM  BENEFIT  CHARGE OR THE
 SURCHARGE FOR THE RENEWABLE PORTFOLIO STANDARD OR THE SURCHARGE FOR  THE
 ENERGY  EFFICIENCY  PORTFOLIO  STANDARD  OR ANY SIMILAR FUND THAT MAY BE
 CREATED BY ORDER OF THE COMMISSION BEFORE THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  WHETHER  SUCH  FUND  IS NEW OR IS A RESULT OF COMBINING ALL OR
 SOME OF THE SURCHARGES REFERENCED HEREIN.  NOTHING IN THIS SECTION SHALL
 BE CONSTRUED AS TO PREVENT THE COMMISSION FROM LOWERING  THE  AMOUNT  OF
 ANY  SURCHARGE  EITHER  INDIVIDUALLY  OR  COLLECTIVELY  FROM  THE AMOUNT
 COLLECTED IN TWO THOUSAND TWENTY-ONE, EXCEPT THAT UNDER NO CIRCUMSTANCES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14922-01-2
              

 A. 9521                             2
 
 SHALL THE TOTAL COST OF THOSE CHARGES EXCEED THE TOTAL AGGREGATE AMOUNTS
 IN TWO THOUSAND NINETEEN.
   § 4. Moratorium on new energy taxes and fees. Notwithstanding any law,
 rule, regulation or order to the contrary, the public service commission
 shall  not  establish any new surcharge assessment, tax or fee on energy
 consumers, excepting those fees which may arise from an electric  gener-
 ating  facility  that  provides notice of closure to such commission and
 where a reliability need is identified by the bulk system operator.
   § 5. This act shall take effect  immediately;  provided  that  section
 three of this act shall take effect one year after such effective date.