S T A T E O F N E W Y O R K
________________________________________________________________________
7662
I N S E N A T E
June 12, 2012
___________
Introduced by Sen. GRISANTI -- 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 a temporary annu-
al assessment; to amend part NN of chapter 59 of the laws of 2009
amending the public service law relating to financing operations of
the department of public service, in relation to the effectiveness
thereof; and 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 (a) of subdivision 6 of section 18-a of the
public service law, as added by section 4 of part NN of chapter 59 of
the laws of 2009, is amended to read as follows:
(a) Notwithstanding any provision of law to the contrary, and subject
to the exceptions provided for in paragraph (b) of this subdivision, for
the state fiscal year beginning on April first, two thousand nine and
[four] THREE state fiscal years thereafter, a temporary annual assess-
ment (hereinafter "temporary state energy and utility service conserva-
tion assessment") is hereby imposed on public utility companies (includ-
ing for the purposes of this subdivision municipalities other than
municipalities as defined in section eighty-nine-l of this chapter),
corporations (including for purposes of this subdivision the Long Island
power authority), and persons subject to the commission's regulation
(hereinafter such public utility companies, corporations, and persons
are referred to collectively as the "utility entities") to encourage the
conservation of energy and other resources provided through utility
entities, to be assessed in the manner provided in this subdivision;
provided, however, that such assessment shall not be imposed upon tele-
phone corporations as defined in subdivision seventeen of section two of
this article.
S 2. Section 6 of part NN of chapter 59 of the laws of 2009, amending
the public service law relating to financing operations of the depart-
ment of public service is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16221-01-2
S. 7662 2
S 6. This act shall take effect immediately; provided, however, that
subdivision 6 of section 18-a of the public service law, as added by
section four of this act shall take effect April 1, 2009 and shall
expire and be deemed repealed March 31, [2014] 2013; and provided,
further, that if section four of this act shall become law after April
1, 2009, it shall take effect immediately and shall be deemed to have
been in full force and effect on and after April 1, 2009.
S 3. 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 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on the same date and in the same
manner as part NN of chapter 59 of the laws of 2009 took effect;
provided that the amendment to paragraph (a) of subdivision 6 of section
18-a of the public service law made by section one of this act shall not
affect the expiration and repeal of such subdivision 6 and shall expire
and be deemed repealed therewith; and provided further that section
three of this act shall take effect April 1, 2013.
