Assembly Bill A8082

Vetoed By Governor
2011-2012 Legislative Session

Relates to determining safe and adequate service

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A8082 - Details

Law Section:
Public Service Law
Laws Affected:
Amd §65, Pub Serv L

2011-A8082 - Summary

Provides that a gas or electrical corporation shall not consider the demand used by a volunteer fire company in responding to emergencies when calculating demand charges for the purposes of determining safe and adequate service.

2011-A8082 - Bill Text download pdf 

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

                                  8082

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2011
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Energy

AN  ACT to amend the public service law, in relation to certain criteria
  used to determine safe and adequate service

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

  Section  1.  Subdivision 5 of section 65 of the public service law, as
amended by chapter 134 of the laws  of  1921,  is  amended  to  read  as
follows:
  5.  Nothing  in  this  chapter shall be taken to prohibit a gas corpo-
ration or electrical corporation from  establishing  classifications  of
service  based  upon  the quantity used, the time when used, the purpose
for which used, the duration of use or upon any other reasonable consid-
eration, and providing schedules of just and reasonable graduated  rates
applicable thereto; PROVIDED HOWEVER THAT, IN DETERMINING OR CALCULATING
THE  DEMAND  CHARGES  FOR A VOLUNTEER FIRE COMPANY AS DEFINED IN SECTION
ONE HUNDRED OF THE GENERAL MUNICIPAL LAW, NO GAS  CORPORATION  OR  ELEC-
TRICAL  CORPORATION SHALL CONSIDER THE DEMAND FOR SERVICE BY A VOLUNTEER
FIRE COMPANY WHEN SUCH VOLUNTEER FIRE COMPANY IS RESPONDING TO AN  EMER-
GENCY.  No such classification, schedule, rate or charge shall be lawful
unless  it shall be filed with and approved by the commission, and every
such classification, rate or charge shall be subject to  change,  alter-
ation and modification by the commission.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10799-01-1

co-Sponsors

multi-Sponsors

2011-A8082A (ACTIVE) - Details

Law Section:
Public Service Law
Laws Affected:
Amd §65, Pub Serv L

2011-A8082A (ACTIVE) - Summary

Provides that a gas or electrical corporation shall not consider the demand used by a volunteer fire company in responding to emergencies when calculating demand charges for the purposes of determining safe and adequate service.

2011-A8082A (ACTIVE) - Bill Text download pdf 

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

                                 8082--A
                                                        Cal. No. 277

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2011
                               ___________

Introduced  by  M. of A. CAHILL, SIMOTAS, LINARES, PALMESANO, AMEDORE --
  Multi-Sponsored by -- M. of A. BARCLAY -- read once  and  referred  to
  the  Committee  on  Energy  -- passed by Assembly and delivered to the
  Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
  ordered reprinted, retaining its place on the order of third reading

AN  ACT to amend the public service law, in relation to certain criteria
  used to determine safe and adequate service

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

  Section 1. Section 65 of the public service law is amended by adding a
new subdivision 14 to read as follows:
  14.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS OF LAW, IN DETERMINING OR
CALCULATING THE DEMAND CHARGES FOR A VOLUNTEER FIRE COMPANY  AS  DEFINED
IN  SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW, NO GAS OR ELECTRIC
CORPORATION FURNISHING UTILITY SERVICE SHALL  CONSIDER  THE  DEMAND  FOR
SERVICE ASSOCIATED WITH A VOLUNTEER FIRE COMPANY'S RESPONSES TO EMERGEN-
CIES.  THE  DEPARTMENT  IS  AUTHORIZED  AND DIRECTED TO PROMULGATE REGU-
LATIONS NECESSARY TO IMPLEMENT THIS SUBDIVISION WHICH MAY INCLUDE  REGU-
LATIONS  RELATING  TO  (A) RECORD-KEEPING REQUIRED BY THE VOLUNTEER FIRE
COMPANY TO DOCUMENT AN EMERGENCY RESPONSE INCLUDING BUT NOT  LIMITED  TO
THE  DATE, TIME, AND DURATION OF SUCH A RESPONSE, (B) DISCLOSURE OF SUCH
RECORDS TO THE DEPARTMENT, THE COMMISSION, OR  OTHER  NECESSARY  PARTIES
FOR  THE  PURPOSES  OF  VERIFYING THE EMERGENCY RESPONSE AND CALCULATING
DEMAND CHARGES, (C) THE METHODS PERMITTED FOR MAKING ADJUSTMENTS TO  THE
DEMAND  CHARGES OF A VOLUNTEER FIRE COMPANY BASED ON ACTUAL OR PROJECTED
EMERGENCY RESPONSES WHICH MAY  INCLUDE  A  CREDIT,  CASH  REIMBURSEMENT,
REBATE, SPECIAL RATE, DISCOUNT, NEGOTIATED AGREEMENT, RECONCILIATION, OR
OTHER  METHOD, (D) THE FREQUENCY OF ANY ADJUSTMENTS TO THE CHARGES WHICH
SHALL OCCUR AT LEAST ONCE PER  CALENDAR  YEAR,  AND  (E)  RESOLUTION  OF
DISPUTES  BETWEEN  A VOLUNTEER FIRE COMPANY AND A GAS OR ELECTRIC CORPO-
RATION.

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

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