S T A T E O F N E W Y O R K
________________________________________________________________________
5210
2009-2010 Regular Sessions
I N A S S E M B L Y
February 11, 2009
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the public service law, in relation to payments equiv-
alent to tax by certain electric corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 66-h of the public service law, as amended by
section 15 of part SS-1 of chapter 57 of the laws of 2008, is amended to
read as follows:
S 66-h. Certain electric corporations; payment equivalent to tax. The
commission shall require each electric corporation that purchases elec-
tricity from an energy business as defined in subdivision (c) of section
three hundred one-i of the tax law (1) that is a co-generation facility,
as such term is defined in subdivision two-a of section two of this
chapter, or (2) that is a qualifying facility, as such term is defined
by section two hundred one of the Public Utility Regulatory Policies Act
of 1978 (Public Law 95-617) that is a co-generation facility, or (3)
that has executed or will execute a contract for the sale of electricity
through negotiation with an electric corporation or an auction conducted
by an electric corporation pursuant to a competitive bidding plan
approved by the commission, to pay, in addition to payments made for
such purchased electricity under a contract with such electric corpo-
ration, an amount equal to the tax imposed under article thirteen-A of
the tax law with respect to each Mcf of natural gas used to generate
such electricity and, WITH RESPECT TO CONTRACTS EXECUTED PRIOR TO JANU-
ARY FIRST, TWO THOUSAND, the sales and compensating use taxes imposed on
such gas by or pursuant to the authority of section eleven hundred seven
or subdivision (a) of section twelve hundred ten of the tax law, unless
such sales and compensating use taxes imposed are otherwise accounted
for in the payments the electric corporation makes under that contract;
provided, however, that any such amount paid by such electric corpo-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07492-01-9
A. 5210 2
ration shall be recovered through a fuel adjustment mechanism authorized
by the commission; provided, further, that such amount shall not be
recovered from charges for residential use provided by such electric
corporation.
S 2. This act shall take effect immediately.