S T A T E O F N E W Y O R K
________________________________________________________________________
8830
I N S E N A T E
March 19, 2024
___________
Introduced by Sen. CANZONERI-FITZPATRICK -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications
AN ACT to amend the public service law, in relation to limits on
surcharge increases; directing a study of the costs associated with
recent environmental and energy related laws and the value of stranded
utility assets resulting in discontinuance and/or abandonment of util-
ity gas infrastructure; and imposing a moratorium on new energy taxes,
fees and regulations
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 2024".
§ 2. The public service law is amended by adding a new section 18 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 ON 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
ANY SURCHARGE EITHER INDIVIDUALLY OR COLLECTIVELY FROM THE AMOUNT
COLLECTED IN TWO THOUSAND NINETEEN, EXCEPT THAT UNDER NO CIRCUMSTANCES
SHALL THE TOTAL COST OF THOSE CHARGES EXCEED THE TOTAL AGGREGATE AMOUNTS
COLLECTED IN TWO THOUSAND NINETEEN.
§ 3. The department of public service shall issue a request for
proposals to choose an independent vendor who will perform a thorough
analysis of the costs associated with environmental and energy related
laws, regulations, rules and policies adopted since 2019. Such analysis
shall establish not only the costs already incurred, but also those
anticipated future costs and specific cost impacts on all classes of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14852-01-4
S. 8830 2
ratepayers. A request for proposal shall be issued within 90 days of the
effective date of this act and such study and report shall be completed
within 12 months of the award of the contract. Such report shall be
published on the department's website and provided to the governor, the
speaker of the assembly, the temporary president of the senate, the
minority leader of the senate and the minority leader of the assembly.
§ 4. The department of public service shall issue a request for
proposals and choose a qualified vendor to conduct a study as to any
stranded utility assets resulting from legislative or regulatory actions
that, whether intentional or unintentional, lead to the discontinuance
and/or abandonment of utility gas infrastructure. Such study shall
include, at a minimum, an analysis of the value and cost of said infras-
tructure, the number, type and value of jobs lost due to the discontin-
uance of its use and recommendations as to cost recovery for any inves-
tor owned utility that holds such infrastructure. In addition, the study
shall measure the value of stranded assets of homeowners/businesses with
gas equipment with remaining useful life when gas is discontinued. A
request for proposal shall be issued within 90 days of the effective
date of this act and such study and report shall be completed within 12
months of the award. Such report shall be published on the department's
website and provided to the governor, the speaker of the assembly, the
temporary president of the senate, the minority leader of the senate and
the minority leader of the assembly.
§ 5. Notwithstanding any law, rule, regulation or order to the contra-
ry, the public service commission and the legislature shall not estab-
lish any new surcharge assessment, tax or fee or cost bearing regulation
based on the analyses performed under sections three and four of this
act on energy consumers for a period of five years.
§ 6. This act shall take effect immediately.