S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9849
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. LAWLER -- read once and referred to the Committee
   on Ways and Means
 
 AN  ACT  to amend the tax law and the public service law, in relation to
   providing a tax credit for certain utility bill  payments  and  estab-
   lishing  a moratorium on certain surcharges thereon; and providing for
   the repeal of certain provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (nnn) to read as follows:
   (NNN) CREDIT FOR UTILITY CHARGES. (1) ALLOWANCE OF CREDIT. FOR TAXABLE
 YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-TWO  AND
 ENDING  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND TWENTY-THREE, A QUALIFIED
 TAXPAYER SHALL BE ALLOWED A CREDIT TO BE COMPUTED AS PROVIDED  IN  PARA-
 GRAPH TWO OF THIS SUBSECTION AGAINST THE TAX IMPOSED BY THIS ARTICLE.
   (2) COMPUTATION OF CREDIT. THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS
 SUBSECTION  SHALL BE THE DIFFERENCE OF THE TOTAL UTILITY CHARGES PAID BY
 THE TAXPAYER DURING THE TAXABLE YEAR IN WHICH THE CREDIT IS CLAIMED  AND
 THE  AVERAGE  OF  THE TAXPAYER'S TOTAL UTILITY PAYMENTS DURING THE THREE
 TAXABLE YEARS IMMEDIATELY PRECEDING THE TAXABLE YEAR IN WHICH THE CREDIT
 IS CLAIMED.
   (3) "UTILITY COSTS" SHALL MEAN CHARGES PAID FOR  HEAT, GAS,  ELECTRIC-
 ITY  AND  OTHER  SERVICES PROVIDED TO A TAXPAYER BY AN ENTITY SUBJECT TO
 THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION.
   (4) CARRYOVER OF CREDIT. IF THE AMOUNT OF THE CREDIT,  AND  CARRYOVERS
 OF  SUCH  CREDIT,  ALLOWABLE  UNDER THIS SUBSECTION FOR ANY TAXABLE YEAR
 SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, SUCH EXCESS AMOUNT MAY BE
 CARRIED OVER TO THE FIVE TAXABLE YEARS NEXT FOLLOWING THE  TAXABLE  YEAR
 WITH RESPECT TO WHICH THE CREDIT IS ALLOWED AND MAY BE DEDUCTED FROM THE
 TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
   (5)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
 THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
 SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF  TAX  TO  BE
 CREDITED  OR  REFUNDED  IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15210-01-2
 A. 9849                             2
 
 HUNDRED EIGHTY-SIX OF THIS ARTICLE; PROVIDED, HOWEVER, THAT NO  INTEREST
 SHALL BE PAID THEREON.
   (6)  ADMINISTRATION.  THE  COMMISSIONER  SHALL  HAVE  THE AUTHORITY TO
 PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE  PROC-
 ESSING, DETERMINATION AND GRANTING OF CREDITS UNDER THIS SUBSECTION.
   §  2.  The public service law is amended by adding a new section 18 to
 read as follows:
   § 18. MORATORIUM ON SURCHARGES. NOTWITHSTANDING THE PROVISIONS OF THIS
 CHAPTER OR OF ANY LAW, RULE, REGULATION OR ORDER TO  THE  CONTRARY,  THE
 COMMISSION  SHALL  NOT  IMPOSE OR COLLECT ANY SURCHARGES ASSOCIATED WITH
 THE SYSTEM BENEFIT CHARGE, OR THE RENEWABLE PORTFOLIO STANDARD,  OR  THE
 ENERGY  EFFICIENCY  PORTFOLIO  STANDARD, OR ANY SIMILAR FUND THAT MAY BE
 CREATED BY ORDER OF THE COMMISSION BEFORE THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  WHETHER  SUCH  FUND  IS NEW OR IS A RESULT OF COMBINING ALL OR
 SOME OF THE SURCHARGES REFERENCED HEREIN.
   § 3. This act shall take effect immediately; provided that section two
 of this act shall  expire  April  1,  2023,  when  upon  such  date  the
 provisions of such section shall be deemed repealed.