S T A T E O F N E W Y O R K
________________________________________________________________________
3944
2015-2016 Regular Sessions
I N A S S E M B L Y
January 28, 2015
___________
Introduced by M. of A. CERETTO, MONTESANO, BARCLAY -- Multi-Sponsored by
-- M. of A. GOODELL, HAWLEY, OAKS, PALMESANO -- read once and referred
to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to exempting reli-
gious organizations from the temporary state energy and utility
service conservation assessment fee
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 6 of section 18-a of the
public service law, as amended by section 1 of part S of chapter 57 of
the laws of 2014, is amended and a new paragraph (i) is added to read as
follows:
(b) The temporary state energy and utility service conservation
assessment shall be based upon the following [percentum] PER CENTUM of
the utility entity's gross operating revenues derived from intrastate
utility operations in the last preceding calendar year, minus the
amount, if any, that such utility entity is assessed pursuant to subdi-
visions one and two of this section for the corresponding state fiscal
year period: (1) two [percentum] PER CENTUM for the state fiscal year
beginning April first, two thousand thirteen; (2) 1.63 [percentum] PER
CENTUM for the state fiscal year beginning April first, two thousand
fourteen; (3) 1.00 [percentum] PER CENTUM for the state fiscal year
beginning April first, two thousand fifteen; and (4) .73 [percentum] PER
CENTUM for the state fiscal year beginning April first, two thousand
sixteen. With respect to the temporary state energy and utility service
conservation assessment to be paid for the state fiscal year beginning
April first, two thousand seventeen and notwithstanding clause (i) of
paragraph (d) of this subdivision, on or before March tenth, two thou-
sand seventeen, utility entities shall make a payment equal to one-half
of the assessment paid by such entities pursuant to this paragraph for
the state fiscal year beginning on April first, two thousand sixteen;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07139-01-5
A. 3944 2
provided, further that such assessment for state fiscal year beginning
April first, two thousand seventeen shall not be reflected in a custom-
er's rate after December thirty-first, two thousand seventeen. With
respect to the Long Island power authority, the temporary state energy
and utility service conservation assessment shall be based upon the
following [percentum] PER CENTUM of such authority's gross operating
revenues derived from intrastate utility operations in the last preced-
ing calendar year, minus the amount, if any, that such authority is
assessed pursuant to subdivisions one-a and two of this section for the
corresponding state fiscal year period: (1) one [percentum] PER CENTUM
for the state fiscal year beginning April first, two thousand thirteen;
(2) .84 [percentum] PER CENTUM for the state fiscal year beginning April
first, two thousand fourteen; (3) .50 [percentum] PER CENTUM for the
state fiscal year beginning April first, two thousand fifteen; and (4)
.34 [percentum] PER CENTUM for the state fiscal year beginning April
first, two thousand sixteen; provided, however, that should the amount
assessed by the department for costs and expenses pursuant to such
subdivisions equal or exceed such authority's temporary state energy and
utility service conservation assessment for a particular fiscal year,
the amount to be paid under this subdivision by such authority shall be
zero. With respect to the temporary state energy and utility service
conservation assessment to be paid for the state fiscal year beginning
April first, two thousand seventeen and notwithstanding clause (i) of
paragraph (d) of this subdivision, on or before March tenth, two thou-
sand seventeen, the Long Island power authority shall make a payment
equal to one-half of the assessment it paid for the state fiscal year
beginning on April first, two thousand sixteen; provided, further that
such assessment for state fiscal year beginning April first, two thou-
sand seventeen shall not be reflected in a customer's rate after Decem-
ber thirty-first, two thousand seventeen. No corporation or person
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 temporary state energy and utility service conservation assessment
provided for under this subdivision. Utility entities whose gross oper-
ating revenues from intrastate utility operations are five hundred thou-
sand dollars or less in the preceding calendar year shall not be subject
to the temporary state energy and utility service conservation assess-
ment. RECEIPTS FROM REVENUES DERIVED FROM RELIGIOUS ORGANIZATIONS WHO
ARE EXEMPT FROM TAXATION UNDER FEDERAL AND STATE LAW SHALL NOT BE
SUBJECT TO SUCH ASSESSMENT. The minimum temporary state energy and util-
ity service conservation assessment to be billed to any utility entity
whose gross revenues from intrastate utility operations are in excess of
five hundred thousand dollars in the preceding calendar year shall be
two hundred dollars.
(I) NO PUBLIC UTILITY COMPANY OR OTHER UTILITY ENTITY SUBJECT TO THE
PROVISIONS OF THIS SECTION SHALL CHARGE OR PASS ALONG THE AMOUNT OF
ASSESSMENT IMPOSED UNDER THIS SECTION TO ANY RELIGIOUS ORGANIZATION IN
THIS STATE WHICH IS EXEMPT FROM TAXATION UNDER STATE LAW OR FEDERAL LAW.
S 2. This act shall take effect immediately; provided that the amend-
ments to subdivision 6 of section 18-a of the public service law made by
section one of this act shall not affect the repeal of such subdivision
and shall be deemed repealed therewith.