S T A T E O F N E W Y O R K
________________________________________________________________________
7088
2011-2012 Regular Sessions
I N A S S E M B L Y
April 12, 2011
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Introduced by M. of A. J. MILLER -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to providing for a
discount for utility service to any benevolent or fraternal order or
society incorporated under and pursuant to the laws of this state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of the public service law is amended by adding a
new subdivision 5 to read as follows:
5. THE TERM "BENEVOLENT OR FRATERNAL ORGANIZATION", WHEN USED IN THIS
CHAPTER, INCLUDES ANY BENEVOLENT OR FRATERNAL ORDER OR SOCIETY INCORPO-
RATED UNDER AND PURSUANT TO THE LAWS OF THIS STATE.
S 2. Section 66 of the public service law is amended by adding a new
subdivision 29 to read as follows:
29. WITH RESPECT TO THE DETERMINATION OF FAIR AND REASONABLE
DISCOUNTS, THE COMMISSION SHALL DETERMINE SUCH DISCOUNTS AS FOLLOWS:
(A) WHERE THERE IS A DIFFERENCE BETWEEN RESIDENTIAL AND NON-RESIDEN-
TIAL RATES, THE DISCOUNTED RATE SHALL BE THE RESIDENTIAL RATE; AND
(B) WHERE THERE IS NO SUCH DIFFERENTIAL, THE DISCOUNT SHALL BE FAIR
AND REASONABLE AND NO LESS THAN TEN PERCENT NOR MORE THAN TWENTY-FIVE
PERCENT.
S 3. Section 76 of the public service law, as amended by chapter 82 of
the laws of 1998, is amended to read as follows:
S 76. Rates charged veteran organizations, religious bodies and commu-
nity residences, AND BENEVOLENT OR FRATERNAL ORGANIZATIONS. No gas
corporation, electric corporation or municipality shall, directly or
indirectly, charge, demand, collect or receive from any post or hall
owned or leased by a not-for-profit corporation that is a veterans'
organization, or corporation or association organized and conducted in
good faith for religious purposes, including the operation by such
corporation or association of a school, notwithstanding that secular
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08182-01-1
A. 7088 2
subjects are taught at such school, [or] from a community residence as
defined in subdivision twenty-eight, twenty-eight-a or twenty-eight-b of
section 1.03 of the mental hygiene law, provided, however, that such
residence shall be operated by a not-for-profit corporation and if
supervisory staff is on site on a twenty-four hour per day basis, that
the residence provides living accommodations for fourteen or fewer resi-
dents, OR FROM A BENEVOLENT OR FRATERNAL ORGANIZATION, a rate, regard-
less of the type of service offered, for any gas or electric service
utilized exclusively in connection with such veteran organization or for
such religious purposes or utilized exclusively at such community resi-
dence, OR BENEVOLENT OR FRATERNAL ORGANIZATION PURPOSES, greater than
the rates or charges charged, demanded, collected or received by such
gas corporation, electric corporation or municipality from domestic
consumers receiving single-phase service within the same village, town
or municipality.
S 4. Section 79 of the public service law is amended by adding a new
subdivision 6 to read as follows:
6. THE COMMISSION SHALL REQUIRE EACH STEAM CORPORATION PROVIDING STEAM
SERVICE, INSTRUMENTALITIES, OR FACILITIES TO ANY BENEVOLENT OR FRATERNAL
ORGANIZATION TO PROVIDE THE SAME AT A DISCOUNT, THE AMOUNT THEREOF TO BE
AS THE COMMISSION SHALL DETERMINE TO BE FAIR AND REASONABLE.
S 5. Section 89-b of the public service law is amended by adding a new
subdivision 8 to read as follows:
8. THE COMMISSION SHALL REQUIRE EACH WATER-WORKS CORPORATION PROVIDING
WATER SERVICE, INSTRUMENTALITIES, OR FACILITIES TO ANY BENEVOLENT OR
FRATERNAL ORGANIZATION TO PROVIDE THE SAME AT A DISCOUNT, THE AMOUNT
THEREOF TO BE AS THE COMMISSION SHALL DETERMINE TO BE FAIR AND REASON-
ABLE.
S 6. Subdivision 3 of section 92 of the public service law, as amended
by chapter 124 of the laws of 1911, is amended and a new subdivision 3-b
is added to read as follows:
3. No telegraph corporation or telephone corporation subject to the
provisions of this chapter shall, directly or indirectly, give any free
or reduced service, or any free pass or frank for the transmission of
messages by either telephone or telegraph between points within this
state, except to its officers, employees, agents, pensioners, surgeons,
physicians, attorneys-at-law and their families; to persons or corpo-
rations exclusively engaged in charitable and eleemosynary work and
ministers of religions; TO BENEVOLENT OR FRATERNAL ORGANIZATIONS; to
officers and employees of other telegraph corporations and telephone
corporations, railroad corporations and street railroad corporations.
But this subdivision shall not apply to state, municipal or federal
contracts.
3-B. THE COMMISSION SHALL REQUIRE EACH TELEPHONE CORPORATION PROVIDING
TELEPHONE SERVICE TO ANY BENEVOLENT OR FRATERNAL ORGANIZATION IN THIS
STATE TO PROVIDE SUCH SERVICE AT A DISCOUNT, THE AMOUNT THEREOF TO BE AS
THE COMMISSION SHALL DETERMINE TO BE FAIR AND REASONABLE.
S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that, the public service commission
is authorized and directed to immediately promulgate any and all rules
and regulations and take any other measures, including ratemaking
proceedings, necessary to implement this act.