S T A T E O F N E W Y O R K
________________________________________________________________________
3791
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to establishment of
a public utility corporation community support program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 of the public service law is amended by adding a
new subdivision 7 to read as follows:
7. THERE IS HEREBY AUTHORIZED A PUBLIC UTILITY CORPORATION COMMUNITY
SUPPORT PROGRAM (HEREINAFTER REFERRED TO AS "COMMUNITY SUPPORT
PROGRAM"), THE PURPOSE OF WHICH IS TO ALLOW AND ENCOURAGE CONTRIBUTIONS
BY PUBLIC UTILITY CORPORATIONS SUBJECT TO REGULATION BY THE COMMISSION,
TO CHARITABLE ORGANIZATIONS, FOR THE BENEFIT OF COMMUNITIES SERVED BY
THE PUBLIC UTILITY CORPORATIONS. THE COMMISSION SHALL FORMULATE AND
PROMULGATE RULES AND REGULATIONS PROVIDING FOR THE ESTABLISHMENT AND
OPERATION OF THE COMMUNITY SUPPORT PROGRAM, AND SHALL TAKE ACTION AND
INSTITUTE ALL PROCEDURES NECESSARY OR PROPER FOR THE ESTABLISHMENT AND
OPERATION OF THE COMMUNITY SUPPORT PROGRAM. SUCH RULES AND REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS WHICH:
A. SET FORTH THE MANNER IN WHICH A PUBLIC UTILITY CORPORATION SHALL BE
ENCOURAGED TO CONTRIBUTE A MINIMUM OF ONE PERCENT OF ITS REVENUES TO
CHARITABLE ORGANIZATIONS SERVING COMMUNITIES SERVED BY THE PUBLIC UTILI-
TY CORPORATION;
B. DEFINE THE TERMS "CHARITABLE ORGANIZATION" AND "REVENUE" FOR
PURPOSES OF THE COMMUNITY SUPPORT PROGRAM;
C. REQUIRE THAT THE CONSENT AND APPROVAL OF THE COMMISSION BE FIRST
HAD AND OBTAINED PRIOR TO THE MAKING OF ANY CONTRIBUTION TO A CHARITABLE
ORGANIZATION PURSUANT TO THIS SECTION;
D. SHALL PROHIBIT THE CONTRIBUTIONS OF A PUBLIC UTILITY CORPORATION
MADE PURSUANT TO THIS SECTION FROM BEING CONSIDERED OR ALLOWED FOR
RATE-MAKING PURPOSES; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05870-02-9
A. 3791 2
E. PROVIDE FOR NOTICE TO BE GIVEN TO THE PUBLIC BY THE PUBLIC UTILITY
CORPORATION REGARDING ITS CHARITABLE CONTRIBUTIONS IN A MANNER LIKELY TO
BE SEEN AND UNDERSTOOD BY MEMBERS OF THE PUBLIC.
S 2. If any item, clause, sentence, paragraph, subdivision, section or
other part of this act, or the application thereof to any person or
circumstances shall be held to be invalid, such holding shall not
affect, impair or invalidate the remainder of this act, or the applica-
tion of such section or part of a section held invalid, to any other
person or circumstances, but shall be confined in its operation to the
item, clause, sentence, paragraph, subdivision, section or other part of
this act directly involved in such holding, or to the person and circum-
stances therein involved.
S 3. This act shall take effect January 1, 2011. Effective immediately
the public service commission is authorized to promulgate any and all
rules and regulations and take any other measures necessary to implement
this act on its effective date on or before such date.