senate Bill S2435A

2013-2014 Legislative Session

Repeals subdivision 6 of section 18-a of the public service law, relating to a temporary state energy and utility service conservation assessment

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2014 print number 2435a
amend and recommit to energy and telecommunications
Jan 08, 2014 referred to energy and telecommunications
Jan 17, 2013 referred to energy and telecommunications

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S2435 - Bill Details

See Assembly Version of this Bill:
A382B
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Rpld §18-a sub 6, amd §18-a, Pub Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4081B, A1202A
2009-2010: S6132, A9098

S2435 - Bill Texts

view summary

Repeals certain provisions relating to a temporary state energy and utility service conservation assessment; reduces the total amount that can be charged from one percent to one-third of one percent.

view sponsor memo
BILL NUMBER:S2435

TITLE OF BILL: An act to amend the public service law, in relation to
reducing the amount a utility can be assessed and to repeal certain
provisions of such law relating to a temporary state energy and
utility service conservation assessment

PURPOSE OR GENERAL IDEA OF BILL: To repeal subdivision 6 of section
18-A of the Public Service Law which establishes a "utility service
conservation assessment" on specified utility entities of 2% of gross
intrastate revenues, and a 1% of gross intrastate revenues for Long
Island Power Authority.

SUMMARY OF SPECIFIC PROVISIONS: Repeals subdivision 6 of section 18-A
of the Public Service Law

JUSTIFICATION: The Service Conservation Assessment is a fee placed on
utility companies including municipally owned utilities of 2 percent.
The tax creates a condition requiring utility companies to raise more
revenue to cover the assessment fee. Utility company's financial
resources are strained and to raise the mandated fee they have placed
the surcharge directly on customer's utility bills. The assessment
fees are scheduled to be deposited directly into the state's general
fund and only a portion will be passed on to the Public Service
Commission within each budget season. This legislation would provide a
direct savings to utility consumers.

PRIOR LEGISLATIVE HISTORY: 2010 - S.6132/A.9098 --
ENERGY/Corporations 2011-2012 - S.4081-B -- ENERGY

FISCAL IMPLICATIONS: Consumers will save money from this unnecessary
tax. A $520 million loss of projected revenue to the State's General
Fund over the next 5 years by repealing the utility service
conservation assessment.

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
________________________________________________________________________

                                  2435

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens.  RANZENHOFER, DeFRANCISCO, LARKIN, 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 reducing the
  amount a utility can be assessed and to repeal certain  provisions  of
  such  law  relating  to  a  temporary state energy and utility service
  conservation assessment

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

  Section  1. Subdivision 6 of section 18-a of the public service law is
REPEALED.
  S 2. 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 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00165-02-3

Co-Sponsors

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S2435A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A382B
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Rpld §18-a sub 6, amd §18-a, Pub Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4081B, A1202A
2009-2010: S6132, A9098

S2435A (ACTIVE) - Bill Texts

view summary

Repeals certain provisions relating to a temporary state energy and utility service conservation assessment; reduces the total amount that can be charged from one percent to one-third of one percent.

view sponsor memo
BILL NUMBER:S2435A

TITLE OF BILL: An act to amend the public service law, in relation to
reducing the amount a utility can be assessed and to repeal certain
provisions of such law relating to a temporary state energy and
utility service conservation assessment

PURPOSE OR GENERAL IDEA OF BILL: To repeal subdivision 6 of section
18-A of the Public Service Law which establishes a "utility service
conservation assessment" on specified utility entities of 2% of gross
intrastate revenues, and a 1% of gross intrastate revenues for Long
Island Power Authority.

SUMMARY OF SPECIFIC PROVISIONS: Repeals subdivision 6 of section 18-A
of the Public Service Law

JUSTIFICATION: The Service Conservation Assessment is a fee placed on
utility companies including municipally owned utilities of 2 percent.
The tax creates a condition requiring utility companies to raise more
revenue to cover the assessment fee. Utility company's financial
resources are strained and to raise the mandated fee they have placed
the surcharge directly on customer's utility bills. The assessment
fees are scheduled to be deposited directly into the state's general
fund and only a portion will be passed on to the Public Service
Commission within each budget season. This legislation would provide a
direct savings to utility consumers.

PRIOR LEGISLATIVE HISTORY: 2010 - S.6132/A.9098 --
ENERGY/Corporations 2011-2012 - S.4081-B - ENERGY/Corporations 2013 -
S.2435/A.382-A - ENERGY/Corporations

FISCAL IMPLICATIONS: Consumers will save money from this unnecessary
tax. A $520 million loss of projected revenue to the State's General
Fund over the next 5 years by repealing the utility service
conservation assessment.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 2435--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sens.  RANZENHOFER, AVELLA, DeFRANCISCO, GIPSON, GRIFFO,
  LARKIN, MAZIARZ, NOZZOLIO -- read twice and ordered printed, and  when
  printed  to  be  committed to the Committee on Energy and Telecommuni-
  cations -- recommitted to the Committee  on  Energy  and  Telecommuni-
  cations  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  reducing  the
  amount  a  utility can be assessed and to repeal certain provisions of
  such law relating to a temporary  state  energy  and  utility  service
  conservation assessment

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

  Section 1. Subdivision 6 of section 18-a of the public service law  is
REPEALED.
  S  2.  Paragraph  (g)  of  subdivision 2 of section 18-a of the public
service law, as amended by section 2 of part A of  chapter  173  of  the
laws of 2013, is amended to read as follows:
  (g) The total amount which may be charged to any public utility compa-
ny  and the Long Island power authority under authority of this subdivi-
sion for any state fiscal year shall not exceed  ONE-THIRD  OF  one  per
centum  of  such public utility company's or authority's gross operating
revenues derived from intrastate utility operations in the last  preced-
ing  calendar  year,  or  other twelve month period as determined by the
chairman; provided, however, that  no  corporation  or  person  that  is
subject to the jurisdiction of the commission only with respect to safe-
ty, or the power authority of the state of New York, shall be subject to
the general assessment provided for under this subdivision.
  Notwithstanding the provisions of subdivision one of this section, for
telephone  corporations  as  defined in subdivision seventeen of section
two of this article, the total amount which may be charged  such  corpo-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00165-04-4

S. 2435--A                          2

rations  for  department expenses under the authority of subdivision one
of this section for any state fiscal year shall not exceed one-third  of
one  percentum  of  such corporation's gross operating revenue, over and
above  five  hundred  thousand  dollars, derived from intrastate utility
operations in the last preceding calendar year, or  other  twelve  month
period as determined by the chairman.
  S 3. This act shall take effect immediately.

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