S T A T E O F N E W Y O R K
________________________________________________________________________
4335
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
___________
Introduced by M. of A. MILLER -- read once and referred to the Committee
on Energy
AN ACT to amend the public service law, in relation to limiting
increases in the amount of surcharges established by the public
service commission, imposing a one year moratorium on the collection
of certain surcharges, and prohibiting new energy taxes and fees; and
to repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Energy
assessment cap and consumer cost relief act of 2023".
§ 2. The public service law is amended by adding a new section 18 to
read as follows:
§ 18. MORATORIUM ON SURCHARGES. 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 STAND-
ARD, 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 HERE-
IN.
§ 3. Section 18 of the public service law is REPEALED and a new
section 18 is added to read as follows:
§ 18. LIMIT ON SURCHARGE INCREASES. NOTWITHSTANDING ANY LAW, RULE,
REGULATION OR ORDER TO THE CONTRARY, THE COMMISSION SHALL NOT INCREASE
THE AMOUNT OF THE SURCHARGE OF THE SYSTEM BENEFIT CHARGE OR THE
SURCHARGE FOR THE RENEWABLE PORTFOLIO STANDARD OR THE SURCHARGE FOR 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. NOTHING IN THIS SECTION SHALL
BE CONSTRUED AS TO PREVENT THE COMMISSION FROM LOWERING THE AMOUNT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07351-01-3
A. 4335 2
ANY SURCHARGE EITHER INDIVIDUALLY OR COLLECTIVELY FROM THE AMOUNT
COLLECTED IN TWO THOUSAND TWENTY-TWO, EXCEPT THAT UNDER NO CIRCUMSTANCES
SHALL THE TOTAL COST OF THOSE CHARGES EXCEED THE TOTAL AGGREGATE AMOUNTS
IN TWO THOUSAND TWENTY.
§ 4. Moratorium on new energy taxes and fees. Notwithstanding any law,
rule, regulation or order to the contrary, the public service commission
shall not establish any new surcharge assessment, tax or fee on energy
consumers, excepting those fees which may arise from an electric gener-
ating facility that provides notice of closure to such commission and
where a reliability need is identified by the bulk system operator.
§ 5. This act shall take effect immediately; provided that section
three of this act shall take effect one year after such effective date.