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

                                  1704

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  GALLIVAN,  MAZIARZ  --  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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04811-01-3
              

S. 1704                             2

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:
  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.