S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5606
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2017
                                ___________
 
 Introduced  by  M.  of  A.  MORINELLO  --  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;
 provided,  further  that such assessment for state fiscal year beginning
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04604-01-7

 A. 5606                             2
 
 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.
   §  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.