senate Bill S5736

2011-2012 Legislative Session

Reduces the total amount that a utility can be assessed from one percent to one-third of one percent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2012 reported and committed to finance
Jan 04, 2012 referred to energy and telecommunications
returned to senate
died in assembly
Jun 23, 2011 referred to corporations, authorities and commissions
Jun 22, 2011 delivered to assembly
passed senate
ordered to third reading cal.1518
Jun 14, 2011 referred to rules

Votes

view votes

Jun 5, 2012 - Energy and Telecommunications committee Vote

S5736
9
1
committee
9
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Energy and Telecommunications committee vote details

Energy and Telecommunications Committee Vote: Jun 5, 2012

nay (1)
aye wr (2)

Jun 22, 2011 - Rules committee Vote

S5736
20
2
committee
20
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S5736 - Bill Details

Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd ยง18-a, Pub Serv L

S5736 - Bill Texts

view summary

Reduces the total amount that a utility can be assessed from one percent to one-third of one percent.

view sponsor memo
BILL NUMBER:S5736

TITLE OF BILL:

An act
to amend the public service law, in relation to reducing the amount
a utility can be assessed

PURPOSE:

The purpose of this legislation is to allow the 18-A utility
assessment to revert back to the original one third of one percent
when the two percent surcharge sunsets in 2014.

SUMMARY OF PROVISIONS:

Section 1 amends paragraph (g) of subdivision 2 of section 18-a of the
public service law reducing the base assessment from one percent to
one third of one percent.

EXISTING LAW:

Presently, the base assessment is one percent and the surcharge is two
percent minus the amount of the base assessment; effectively a two
percent total. The two percent surcharge is scheduled to sunset on
March 31, 2014 at which time the 18-A assessment will be one percent.

JUSTIFICATION:

In 2009, the 18-A assessment was raised from one third of one percent
to two percent, six times the prior rate. This increase of nearly
$600 million is not used for the purpose of funding the public
service commission but rather is swept into the General Fund. This
surcharge was enacted for five years at which time the two percent
surcharge will expire. However, the assessment rate will not revert
back to the original one third of one percent, it will revert back to
one percent creating a permanent tax increase on New Yorkers utility
bills.

LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

None in the current fiscal year.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.


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

                                  5736

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 14, 2011
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the public service law,  in  relation  to  reducing  the
  amount a utility can be assessed

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

  Section 1.  Paragraph (g) of subdivision 2  of  section  18-a  of  the
public  service law, as amended by section 2 of part NN of chapter 59 of
the laws of 2009, is amended to read as follows:
  (g) The total amount which may be charged to any public utility compa-
ny under authority of this subdivision for any state fiscal  year  shall
not  exceed ONE-THIRD OF one per centum of such public utility company's
gross operating revenues derived from intrastate utility  operations  in
the last preceding calendar year, or other twelve month period as deter-
mined  by the chairman; provided, however, that no corporation or person
that is subject to the jurisdiction of the commission only with  respect
to  safety,  or  the  power authority of the state of New York, shall be
subject to the general assessment provided for under this subdivision.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13077-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.