senate Bill S4775A

Vetoed By Governor
2011-2012 Legislative Session

Relates to determining safe and adequate service

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Sponsored By

Archive: Last Bill Status Via A8082 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 tabled
vetoed memo.144
Aug 06, 2012 delivered to governor
Jun 14, 2012 returned to assembly
passed senate
3rd reading cal.1095
substituted for s4775a
Jun 14, 2012 substituted by a8082a
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1095
May 29, 2012 print number 4775a
amend and recommit to energy and telecommunications
Jan 04, 2012 referred to energy and telecommunications
Jun 24, 2011 committed to rules
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.845
Apr 20, 2011 referred to energy and telecommunications

Votes

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Jun 5, 2012 - Energy and Telecommunications committee Vote

S4775A
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Energy and Telecommunications committee vote details

Energy and Telecommunications Committee Vote: Jun 5, 2012

aye wr (1)

May 24, 2011 - Energy and Telecommunications committee Vote

S4775
10
0
committee
10
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 24, 2011

aye wr (2)

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S4775 - Bill Details

See Assembly Version of this Bill:
A8082A
Law Section:
Public Service Law
Laws Affected:
Amd §65, Pub Serv L

S4775 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4775

TITLE OF BILL:
An act
to amend the public service law, in relation to certain criteria
used to determine safe and adequate service

PURPOSE:
The purpose of this legislation is to ensure that Volunteer fire
companies are not punished with expensive demand charges, while in
the course of performing their most vital functions.

SUMMARY OF PROVISIONS:
Section 1 - would amend subdivision 5 of section 65 of the public
service law as amended by chapter 134 of the laws of 1921, to provide
that volunteer fire companies will not be subject to demand charges
when responding to an emergency.

JUSTIFICATION:
Volunteer Fire Companies provide life saving services to the
communities they serve day in and day out. Demand charges that are
sometimes imposed on these companies can dramatically impact their
utility bills and increase overall costs of their operations.
Something as simple as opening the Station house door to prepare to
leave for a call, at the wrong time during the Winter Months can
cause these charges to be applied. This bill seeks to help our
Volunteer Fire Companies by prohibiting a utility company from
imposing demand charges resulting from an emergency call.

LEGISLATIVE HISTORY:
This is a new Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4775

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 20, 2011
                               ___________

Introduced  by  Sens.  MAZIARZ, ADDABBO, JOHNSON, O'MARA, SEWARD -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Energy and Telecommunications

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

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S4775A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8082A
Law Section:
Public Service Law
Laws Affected:
Amd §65, Pub Serv L

S4775A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S4775A

TITLE OF BILL:
An act
to amend the public service law, in relation to certain criteria
used to determine safe and adequate service

PURPOSE:
The purpose of this legislation is to ensure that Volunteer fire
companies are not punished with expensive demand charges, while in
the course of performing their most vital functions.

SUMMARY OF PROVISIONS:
Section 1 - would add a new subdivision 14 of section 65 of the public
service law, to provide that volunteer fire companies will not be
subject to demand charges when responding to an emergency.

JUSTIFICATION:
Volunteer Fire Companies provide life saving services to the
communities they serve day in and day out. Demand charges that are
sometimes imposed on these companies can dramatically impact their
utility bills and increase overall costs of their operations.
Something as simple as opening the Station house door to prepare to
leave for a call, at the wrong time during the Winter Months can
cause these charges to be applied. This bill seeks to help our
Volunteer Fire Companies by prohibiting a utility company from
imposing demand charges resulting from an emergency call.

LEGISLATIVE HISTORY:
This is a new Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after becoming law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4775--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 20, 2011
                               ___________

Introduced  by Sens. MAZIARZ, ADDABBO, BONACIC, JOHNSON, LARKIN, O'MARA,
  OPPENHEIMER, PARKER, RITCHIE, SEWARD -- read twice and ordered  print-
  ed,  and  when  printed to be committed to the Committee on Energy and
  Telecommunications -- recommitted to the Committee on Energy and Tele-
  communications in accordance with Senate Rule 6, sec. 8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10799-02-2

S. 4775--A                          2

DISPUTES  BETWEEN  A VOLUNTEER FIRE COMPANY AND A GAS OR ELECTRIC CORPO-
RATION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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