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  Section  18  of  the  public  service law is REPEALED and a new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.